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SUPPLEMENTAL 
 
 INDEX 
 
 TO 
 
 ALL THE LAW 
 
 IN 
 
 L.R.A. NOTES 
 
 43 L.R.A. (N.S.) - L.R. A. 1916F 
 3-5 B. R. C. 
 
 THE LAWYERS CO-OPERATIVE PUBLISHING CO. 
 
 Rochester, N. Y. 
 
 1917 
 
/^ ix 79 
 
 Copyriglit 1917 
 
 by 
 
 The Lawybes Co-opbeative Publishing Compant 
 
 B. R. Andisews Printing Company, Rochester, N. Y. 
 
TO FIND ALL THE LAW IN L.R.A. 
 ON ANY QUESTION 
 
 FIRST : CONSULT THE INDEXES TO NOTES. 
 
 (a) The main index for Vols. 1 L. R. A. —42 L. R. A. (N S. ) 
 
 (b) This new suoplement for Vols. 43 L.R.A.(N.S.)— 
 
 L.R.A.1916F. 
 
 (c) Cumulative continuations beginning with L.R.A. 
 
 1917A. 
 
 (Annotation oi your questions will give at once all the authorities upon 
 it. It will show their agreements, conflicts, distinctions, and relation to 
 fundamental principles. Such a note will end your search here where it 
 starts.) 
 
 SECOND : EXAMINE DIGESTS OF L.R.A. CASES TO DATE. 
 
 (a) Digest 1-70 L.R.A. 
 
 (b) Digest 1-52 L. R. A. (N. S. ) 
 
 (c) Continuations in annual digests and later volume 
 
 indexes. 
 
 THIRD : FOLLOW UP ANY L.R.A. CASE ON YOUR QUESTION. 
 
 (a) The digest tables of cases will show where to find 
 
 that case and others like it in the digests. 
 
 (b) For citations of any case in 1-70 L.R.A. by later de- 
 
 cisions in any reports, whether official or unofficial, 
 look in the new Extra Annotations for those 
 volumes. 
 
 (.c) For an L.R.A.(N.S. ) case cited in later L.R.A. 
 notes, see red table at front of vol. 45 L.R. A. (N.S. ), 
 or at back of vol. 6 L.R. A. Extra Annotations 1913. 
 In addition a list of the citations of it in all juris- 
 dictions will, on request, be sent you from the 
 publishers' citation bureau. 
 
PREFACE. 
 
 This Supplemental Index to L.R.A. Notes for vols. 43 L.E.A.(N.S.) to 
 1916F supersedes the former one for vols. 43-52 L.E.A.(!N".S.), which is 
 now incorporated herein. 
 
 The classification of the subjects herein, and the numbering of the di- 
 visions, subdivisions, and s«;tions thereof, are identical with those of the 
 main index which covers 1-70 L.K.A., 1-42 L.K.A.(H'.S.). 
 
 Whenever any section numbers are missing under any of the titles 
 herein, it is because there is nothing in this volume to be added to what 
 is under those sections in the main index. 
 
SUPPLEMENTAL 
 INDEI TO NOTES. 
 
 ABANDONMENT. 
 
 § 1. Generally. 
 
 Of appeal, see Appeal and Error, S 25. 
 
 Of business by corporation, see Corpora- 
 tions, § 78b. 
 
 Of highway, see Highways, VIII. 
 
 Of homestead, see Homestead, III. 
 
 Of operation of railroads, see Railroads, 
 § 44. 
 
 § 3. Of property or property rights 
 generally. 
 
 Of easement, see Easements, § 28. 
 
 Tenant's or cropper's abandonment of crop 
 as affecting rights and interests there- 
 in. 46 L.E.A.(N.S.) 53. 
 
 Reverter of land conveyed for school pur- 
 poses upon abandonment. 44 L.R.A. 
 (N.S.) 1226. 
 
 § 4. Of water rights. 
 
 Of ferry franchise. L.E.A.1916D, 835. 
 
 § 7. Of vessel. 
 
 Of insured vessel, see Insurance, 176. 
 
 § 9. Of franchise. 
 
 Of ferry franchise. L.E.A.1916D, 835. 
 
 § 10. Of contract or rights under. 
 
 See Contracts, § 145. 
 
 § 11. By hnsband or wife. 
 
 In general, see Husband and Wife, VII. 
 As ground for divorce, see Divorce and 
 Separation, § 24. 
 
 Effect of abandonment on wife's statutory 
 right of action for death of husband. 
 L.R.A.1916E, 129. 
 
 § 12. Of child. 
 
 Parent's statutory right of action for death 
 of abandoned child. L.E.A.1916E, 122. 
 
 ABATEMENT. 
 
 Of action or suit, see Abatement and Re- 
 vival. 
 
 Of nuisance, see Nuisances, §§ 21, 22. 
 
 In purchase price for deficiency in quantity 
 of land sold, see Vendor and Purchas- 
 er, § 21. 
 
 Of legacy, see Wills, V. o. 
 
 rionfiiilt also L.R.A. Digests to date. 
 
 ABATEMENT— cont'd. 
 
 Of obstruction to navigable water. 51 
 L.R.A.{N.S.) 1172. 
 
 Determination of proportional part of rent 
 to be abated upon destruction of prem- 
 ises. L.E.A.1916F, 277. 
 
 ■♦«» 
 
 ABATEMENT AND REVIVAL. 
 
 § 1. Generally. 
 
 Of appeal, see Appeal and Error, § 25. 
 Of attachment proceedings, see Attach- 
 ment, § 18. 
 
 § 2. By death. 
 
 Suicide as affecting abatement of action or 
 
 cause of action. L.R.A.1916A, ]141. 
 Survival of infant's right to disaffirm con- 
 tract. 43 L.R.A. (N.S.) 714. 
 Contracts relating to realty. 43 L.R.A. 
 
 (N.S.) 715. 
 Contracts relating to personalty. 43 
 L.R.A. (N.S.) 716. 
 Survival of cause of action on liquor deal- 
 er's bond after death of licensee. 47 
 L.R.A.(N.S.) 183. 
 Does contractual obligation or provision in 
 decree of divorce or separation for the 
 support of a child survive the death of 
 the obligor. 48 L.R.A.(N.S.) 429. 
 Survival of cause of action and abatement 
 and revival of action for deceit or 
 false representations upon death of 
 party. 52 L.R.A. (N.S.) 885. 
 Survival of cause of action. 52 L.R.A. 
 (N.S.) 885. 
 At common law. 
 
 885. 
 
 Under statute. 
 
 885. 
 
 Abatement of action. 
 
 887. 
 
 At common law. 
 
 887. 
 Under statute. 
 887. 
 
 Survival of cause of action, and abatement 
 and revival of action, for malicious 
 prosecution, false imprisonment, or 
 libel and slander, I'.pon death of 
 party. 52 L.R.A.(N.S.) 1215. 
 Survival of cause of action. 52 L.R.A. 
 (N.S.) 1216. 
 At common law. 52 L.R.A. (N.S.) 
 1216. 
 
 52 
 
 L.R.A.(N.S.) 
 L.R.A. (N.S.) 
 L.R.A.(N.S.) 
 52 L.R.A. (N.S.) 
 L.R.A.(N.S.) 
 
 52 
 
 52 
 
 52 
 

 
 INDEX TO NOTES. 
 
 ABATEMENT AND REVIVAL— cont'd. 
 
 Malicious prosecution and 
 false imprisonment. 52 
 L.E.A.(N.S.) 1216. 
 Libel and slander. 52 L.R.A. 
 (N.S.) 1216. 
 Under statute. 52 L.R.A. (N.S.) 
 1216. 
 Malicious prosecution and 
 false imprisonment. 52 
 L.R.A.(N.S.) 1216. 
 Libel and slander. 52 L.R.A. 
 (N.S.) 1217. 
 Abatement of action. 52 L.R.A. (N.S.) i 
 1217. 
 At common law. 52 L.R.A. (N.S.) 
 1217. 
 Malicious prosecution and 
 false imprisonment. 52 
 L.R.A. (N.S.) 1217. 
 Libel and slander. 52 L.R.A. 
 (N.S.) 1217. 
 Under statute. 52 L.R.A. (N.S.) 
 1218. I 
 
 Malicious prosecution and 
 false imprisonment. 52 
 L.E.A.(N.S.) 1218. 
 Libel and slander. 52 L.R.A. 
 ' (N.S.) 1218. 
 Abatement of action for mental anguish for 
 negligence in transmission of telegram 
 upon death of plaintiff. 49 L.R.A. 
 (N.S.) 281. 
 
 § 3. — action for personal injury or 
 death. 
 
 Suicide as affecting. L.R.A.1916A, 1141. 
 Abatement and revival of actions for per- 
 sonal injury upon death of plain- 
 tiff. L.R.A.1915E, 1104. 
 Lord Campbell's act as survival act. 
 L.R.A.1915E, 1105. 
 Effect of change in measure of 
 damages and beneficiaries. 
 L.R.A.1915E, 1113. 
 Comparison with statutes clear- 
 ly death statutes. L.R.A. 
 1915E, 1115. 
 Lord Campbell's act as applicable to 
 pending action. L.R.A. 1915E, 
 1116. 
 Continuing action by amending 
 pleadings. L.E.A.1915E, 1117. 
 Effect of statute similar to Lord 
 Campbell's act on construction 
 of general survival statute. 
 L.R.A.1915E, 1118. 
 Distinction between Lord Camp- 
 bell's act and penal statute, 
 L.R.A.1915E, 1119. 
 Construction of survival statute re- 
 lating to causes of action. 
 L.R.A.1915E, 1119. 
 Instantaneous character of death 
 as the test. L.R.A.1915E, 
 1119. 
 Death from injury as a test. 
 
 L.R.A.1915E, li20. 
 Death resulting from some other 
 cause as the test. L.R.A. 
 1915E, 1121. 
 
 Begin with this l)ook on every law question. 
 
 ABATEMENT AND REVIVAL— confrf. 
 
 Where actions coexist under each 
 statute. L.R.A.1915E, 
 
 1124. 
 Federal employers' liability 
 act. L.R.A.1915E, 1125. 
 Where right of revival is optional. 
 L.R.A.1915E!; 1126. 
 Construction of revival statute express- 
 ly referring to pending actions. 
 L.R.A.1915E, 1126. 
 Conflict of laws. L.E.A.1915E, 1129. 
 Who may revive action. L.R.A.1915E, 
 1129. 
 Personal representative. L.R.A. 
 
 1915E, 1129. 
 Statutory beneficiary. L.R.A. 
 1915E, 1130. 
 Construction of statute as to 
 beneficiary. L.R.A.1915E, 
 1131. 
 Abatement or survival of action or cause of 
 action for wrongful death upon decease 
 of wrongdoer. L.R.A. 1916A, 1143. 
 Survival of right of action under Federal 
 employers' liability act. 47 L.R.A. 
 (N.S.) 66; L.R.A.1915C, 72. 
 
 § 4. Dissolution of corporation. 
 
 Abatement of action by corporation by ap- 
 pointment of receiver. 50 L.R.A. (N.S.) 
 386. 
 
 § 5. By other actions pending. 
 
 When action is deemed commenced for pur- 
 pose of abating subsequent action. 
 52 L.E.A.(N.S.) 79. 
 Filing bill, complaint, or petition. 52 
 
 L.R.A.(N.S.) 80. 
 Issuance of original process. 52 L.R.A. 
 
 (N.S.) 80. 
 Service of process. 52 L.R.A. (N.S.) 81. 
 Attachment. 52 L.R.A. (N.S.) 83. 
 Pendency of action for personal injury as 
 abatement of action for death, or 
 vice versa. L.^l.A.19l5E, 1132. 
 Rule that only one action may be 
 maintained. L.R.A.1915E, 
 
 1133. 
 Different elements of damage. 
 
 L.R.A.1915E, 1135. 
 Election. L.R.A.1915E, 1135. 
 Where pending action is not main- 
 tainable. L.R.A.1915E, 1136. 
 Rule that actions may coexist. L.R.A. 
 
 1915E, 1136. 
 Action by different parties for different 
 
 injury. L.R.A.1915E, 1138. 
 Joinder of actions. L.R.A.1915E, 1138. 
 Where action for injury and death 
 maintainable. L.R.A.1915E, 
 1138. 
 Where only one action lies. L.R.A. 
 1915E, 1139. 
 Where plaintiff may elect remedy. 
 
 L.R.A.1915E, 1140. 
 Joinder of actions accruing in in- 
 dividual and representative ca- 
 pacity. L.R.A.1915E, 1140. 
 
 § 8. Revival. 
 
 Revival of action for deceit or false repre- 
 sentations upon death of party. 52 
 L.R.A.(N.S.) 888. 
 
INDEX TO NOTES. 
 
 ABATEMENT AND REVIVAL^- cont'd. 
 At common law. 52 L.R.A.(N.S.) 888. 
 Under statute. 52 L.R.A.(N.S.) 888. 
 Revival of action for malicious prosecution, 
 false imprisonment, or libel and 
 slander, upon death of party. 52 
 L.R.A.(N.S.) 1220. 
 At common law. 52 L.R.A.(N.S.) 1220. 
 Under statute. 52 L.R.A.(N.S.) 1220. 
 Revival of action for personal injury upon 
 death of plaintiff. L.R.A.1915E, 1104. 
 
 ABDUCTION AND KIDNAPPING. 
 
 Civil action for abduction of child. 45 
 L.R.A.(N.S.) 867. 
 Introductory. 45 L.R.A.(N.S.) 868. 
 Theories of action. 45 L.R.A.{N.S.) 
 ■ 868. 
 Action based on services. 45 L.R.A. 
 
 (N.S.) 868. 
 Action not based on services. 45 
 L.R.A.(N.S.) 870. 
 Enticement and harboring. 45 L.R.A. 
 
 (N.S.) 871. 
 Who may recover. 45 L.R.A. (N.S.) 
 
 872. 
 Damages. 45 L.R.A. (N.S.) 873. 
 Feelings. 45 L.R.A. (N.S.) 874. 
 Exemplarv damages. 45 L.R.A. 
 (N.S.') 874. 
 Election. 4.5 L.R.A. (N.S.) 874. 
 Miscellaneous. 45 L.R.A. (N.S. 
 Evidence of specific instances to prove un- 
 cliastity of alleged victim of. L.R.A. 
 1916B, 967. 
 Taking of child by or at instance of one 
 parent from custody of the other par- 
 ent as kidnapping. L.R.A.1915E, 189. 
 
 874. 
 
 ABERRATION. 
 
 As affecting testamentary capacity. L.R.A. 
 1915A, 463. 
 
 ABETTING. 
 
 Commission of crime, see Ceiminal Law, 
 § 25. 
 
 ABOI.ISHING OFFICE. 
 
 See Officees, § 21. 
 
 ABORTION. 
 
 Homicide in commission of, or attempt to 
 commit, see Homicide, § 10. 
 
 Cruel and unusual punishment for. L.R.A. 
 1915C, 565. 
 Consult also L.B.A. Digests to date. 
 
 ABORTION— comi'd. 
 
 Admissibility of declarations of one upon 
 whom an abortion is committed against 
 others charged with complicity there- 
 in. L.R.A.1916C, 570. 
 
 ABSCESS. 
 
 Liability under accident policy for injury 
 resulting in. 47 L.R.A. (N.S.) 924. 
 
 ABSENCE. 
 
 Presumption of death from, see Evidence, 
 
 § 30. 
 Effect of, on running of limitations, see 
 
 Limitation of Actions, § 46. 
 
 ABSTRACTS. 
 
 43 
 
 § 1. Generally. 
 
 Duty of vendor as to abstract of title 
 L.R.A. (N.S.) 44. 
 Definition of term. 43 L.R.A. (N.S.) 
 
 44. 
 Essentials of abstract. 43 L.R.A. (N.S.) 
 
 45. 
 Where abstract is not expressly con- 
 tracted for. 43 L.R.A. (N.S.) 46. 
 When abstract is required by contract. 
 
 43 L.R.A.(N.S.) 47. 
 When to be furnished. 43 L.R.A. (N.S.) 
 
 47. 
 Necessity of demand for abstract. 43 
 
 L.R.A. (N.S.) 48. 
 Waiver by purchaser. 43 L.R.A. (N.S.) 
 48. 
 As to time of furnishing abstract. 
 
 43 L.R.A.(N.S.) 48. 
 Waiver as to sufficiency. 43 L.R.A. 
 (N.S. ) 48. 
 Effect of failure to furnish abstract. 
 43 L.R.A.(N.S.) 49. 
 Upon rights of the vendor. 43 
 
 L.R.A.(N.S.) 49. 
 Rights of the purchaser. 43 
 L.R.A.(N.S.) 49. 
 Measure of damages for failure to fur- 
 nish abstract. 43 L.R.A.(N.S.) 50. 
 Matters of evidence. 43 L.R.A. (N.S.) 
 51. 
 
 § Z. Negligence in making or examin- 
 ing. 
 
 Liability of title abstracter. L.R.A. 1916D, 
 826. 
 Statute of limitations. L.R.A.1916D, 
 
 827. 
 
 ABSURDITT. 
 
 Offense of obtaining money by false pre- 
 tenses as affected by the absurdity of 
 the representations. L.R.A. 1916C, 
 1104. 
 
INDEX TO NOTES. 
 
 ABUSE. 
 
 Of process, see Abuse of Process. 
 Of discretion, see Appeal and Ekrob, § 29. 
 Of passenger, see Caeribes, III. d. 
 Liability of master for abuse by servant, 
 see Master and Servant, § 172. 
 
 ABTTSE OF PROCESS. 
 
 Liability for, see False Imprisonment; 
 Malicious Prosecution. 
 
 ABUTTING OV^NEBS. 
 
 Adjoining owners, see Adjoining Owners. 
 Right to compensation on use of highway 
 
 for additional purpose, see Eminent 
 
 Domain, §§ 55, 56. 
 Eights in highways, see Highways, IV. «. 
 Rights of, on v^acation of highway, see 
 
 Highways, § 111. 
 Rights of railways in streets as to, see 
 
 Highways, § 27. 
 Injury to, by change of grade of highway, 
 
 see Highways, § 53. 
 Requiring abutting owner to remove snow, 
 
 ice, or weeds, from highway, see High- 
 ways, § 56. 
 Municipal liability for injuries due to acts 
 
 or omissions of, see Highways, §§ 61, 
 
 62. 
 Liability of, generally, see Highways, §§ 
 
 SO-86. 
 Liability for public improvements, see 
 
 Highways, V.; Public Improvements. 
 Liability to, for grading or changing grade 
 
 of street, see Highways, § 53. 
 
 Right of abutting owner to make improve- 
 ments in street. 44 L.R.A.(N.S.) 552. 
 
 ACCEI.EBATION. 
 
 Of maturity of mortgage, see Mortgage, 
 § 65. 
 
 Of remainder by renunciation of life estate. 
 L.R.A.1915A, 671. 
 
 Effect of acceleration provision in mortgage 
 or note to start statute of limitations 
 running. 51 L.R.A.(N.S.) 15L 
 
 Provision in note accelerating maturity as 
 aflfecting negotiability. L.R.A.1915B, 
 472. 
 
 Provisions in lease accelerating maturity of 
 future rents and giving lessor right to 
 take possession upon default in pay- 
 ment of rentals or upon insolvency of 
 lessee as alternative or concurrent. 
 L.R.A.1916B, 1101. 
 
 Sufficiency of tender of payment to prevent 
 acceleration of maturity of entire debt. 
 47 L.E.A.(N.S.) 980. 
 
 ACCEPTANCE. 
 
 § 1. Generally. 
 
 Of part payment in full, see Accoed and 
 
 Satisfaction. 
 Of guaranty, see Guaranty. 
 Of offer, see Contracts, §§ 22, 23. 
 As taking contract out of statute of frauds, 
 
 see Contracts, § 56 a. 
 Of work, see Contracts, § 139. 
 Of insurance policy, see Insurance, § 38. 
 Of property sold, generally, see Sale, IX. 
 Waiver of breach of warranty by, see Sale,. 
 
 § 59. 
 Of devise or bequest, see Wills, V. 1. 
 
 Of contract of reinsurance by insured. 44 
 L.R.A.(N.S.) 318. 
 
 Necessity of, and time for, acceptance of 
 resignatioil by employee of a private 
 employer. L.R.A.1915D, 477. 
 
 ACCEPTED CHECK. 
 
 Right of holder to maintain action thereon 
 against bank. L.R.A.1916C, 177. 
 
 ACCESS. 
 
 § 1. To highDray. 
 
 Liability of a municipality for temporarily 
 interfering with access to property in 
 making improvements. 46 L.R.A. 
 (N.S.) 620. 
 
 Right of property owner whose access from 
 one direction is shut off or interfered 
 with by closing of adjoining street, or 
 portion of street on which he is situ- 
 ated. 52 L.R.A.(N.S.) 889. 
 
 § 2. Miscellaneous. 
 
 Easement of, generally, see Easements. 
 
 ACCESSION AND CONFUSION. 
 
 Accession to property which is the subject 
 of a conditional sale or chattel mort- 
 gage. L.R.A.1916E, 256. 
 
 ACCESSORY. 
 
 See Criminal Law, § 26. 
 
 ACCIDENT. 
 
 VI. 
 
 In general, see Negligence. 
 
 To passenger, see Carriers, III. 
 
 To person on highway, see Highways, 
 
 Negligence, §§ 24-28. 
 To insured, see Insurance, VIII. c, 2. 
 To person on railroad track, see Railroads. 
 
 VII. 
 
 Begin with this boojc on every law question. 
 
INDEX TO NOTES. 
 
 9 
 
 ACCIDENT— confd. 
 
 To person on street railway track, see 
 Stbebt Eailwats, XV. b. 
 
 Presumption of negligence from, see Evi- 
 dence, III. g. 
 
 Opinion evidence as to cause of, see Evi- 
 dence, § 187a. 
 
 Proximate cause of, see Proximate Cause. 
 
 See also Act of God. 
 
 < » » 
 
 ACCIDENT INSUBANCXi. 
 
 See Insurance. 
 
 #»» 
 
 ACCOMMODATION FAFEB. 
 
 See Bills and Notes, § 74. 
 
 • « » 
 
 ACCOMFLICE. 
 
 Corroboration of testimony of, see Evi- 
 dence, § 321. 
 
 ACCOBD AND SATISFACTION. 
 
 § 1. Generally. 
 
 As to compromise, see Compromise and 
 
 Settlement. 
 As to payment in general, see Payment. 
 
 Secondary agreement abrogating or altering 
 prior contract as an accord and satis- 
 faction. L.R.A.1915B, 59. 
 
 Right to maintain action on original claim 
 for mere failure to pay at time stipu- 
 lated in agreement of accord or com- 
 promise. 4.5 L.R.A.(N.S.) 1062. 
 
 Liquidated and undisputed claims. 45 
 L.R.A.(N.S.) 1063. 
 
 Unliquidated or disputed claims. 45 
 L.E.A.(N.S.) 1064. 
 
 ACCOUNTANT. 
 
 Duty and liability of expert accountants. 
 45 L.E.A.(N.S.) 205. 
 
 ♦ ■ » 
 
 ACCOUNT BOOKS. 
 
 Entries in, as evidence, see Evidence, § 120. 
 
 ♦-•-• 
 
 ACCOUNTING. 
 
 § 1. Generally. 
 
 By personal representative, see Execu- 
 tor and Administrators, IV. c. 
 
 By guardian, see Guardian and Ward, § 
 10a. 
 
 Between partners, see Partners, § 50. 
 
 By trustee, see Trusts, § 31. 
 
 Consult also L.R.A. Digests to date. 
 
 ACCOUNTING— corefd. 
 
 Limitation of actions or suits, to compel 
 
 guardian to account. 47 L.R.A. (N.S.) 
 
 451. 
 
 ACCOUNTS. 
 
 § 1. Generally. 
 
 Account books as evidence, see Evidenoe, 
 
 V. g. 
 Entries in account books as evidence, see 
 
 Evidence, § 120. 
 
 § 2. Accounts stated. 
 
 Character of the claims which may be the 
 subject of account stated. 45 
 L.R.A. (N.S.) 534. i 
 
 Generally. 45 L.R.A. (N.S.) 535. 
 
 Necessity of pre-existing debt between 
 the parties. 45 L.R.A. (N.S.) 535. 
 
 Necessity of mutuality of claims. 45 
 L.R.A.(N.S.) 537. 
 
 Claim under speciality contract. 45 
 L.R.A. (N.S.) 537. 
 
 Unliquidated claim. 45 L.R.A. (N.S.) 
 537. 
 
 Book account. 45 L.R.A. (N.S.) 538. 
 Illustrative cases. 45 L.R.A. (N.S.) 
 538. 
 Illegal character of original transaction as 
 
 defense to an action on account stated. 
 
 45 L.R.A. (N.S.) 539. 
 Effect of statement of account by executor 
 
 to waive or toll statute of limitations 
 
 as to an indebtedness of the estate. 
 
 L.R.A.1915B, 1048. 
 Mistake in statement of commodity fur- 
 nished as affecting the right to re- 
 cover for a larger amount actually 
 furnished. L.R.A.1915B, 711. 
 
 Electricity furnished. L.R.A.1915B, 
 711. 
 
 The effect of loss or prejudice to the 
 purchaser. L.R.A.1915B, 712. 
 
 Omission of items. L.R.A.1915B, 713. 
 
 Miscellaneous. L.R.A.1915B, 713. 
 
 »«» 
 
 ACCOUNT STATED. 
 
 See Accounts, § 2. 
 
 ♦-•-♦ 
 
 ACCBETION. 
 
 In value of corporate assets as basis of divi- 
 dends. L.R.A.1915D, 1052. 
 
 ACCUSED. 
 
 Character of, see Character, § 2a. 
 Protection of, on criminal prosecution, see 
 
 Criminal Law, IV. b. 
 Confession by, see Evidence, IX. 
 
10 
 
 INDEX TO KOTES. 
 
 ACKNOWLEDGMENT. 
 
 § 1. Generally. 
 
 To toll statute of limitations, see LmiTA- 
 TioN or Actions, IV. d. 
 
 Liability of notary or other officer certify- 
 ing to acknowledgment or affidavit. 
 
 49 L.R.A.(N.S.) 45. 
 Judicial or ministerial act. 49 L.K.A. 
 
 (N.S.) 45. 
 Liability for wilful misconduct. 49 
 
 L.R.A.(N.S.) 46. 
 Liability for negligence. 49 L.K.A. 
 
 (N.S.) 47. 
 Liability under statutes. 49 L.E.A. 
 
 (N.S.) 48. 
 Burden of evidence. 49 L.E.A. (N.S.) 
 
 50. 
 Proximate cause of loss. 49 L.K.A. 
 
 (N.S.) 5L 
 Contributory negligence and estoppel. 
 
 49 L.K.A.(N.S.) 54. 
 Measure of damages. 49 L.E.A. ( N.S. ) 
 
 55. 
 Limitation of actions. 49 L.E.A. (N.S. ) 
 
 56. 
 
 § 3. Sufficiency; necessity. 
 
 Form and sufficiency of certificate of mar- 
 ried woman's acknowledgment. 45 
 L.K.A.(N.S.) i:09. 
 Introduction and general rule. 45 
 
 L.E.A.(N.S.) 1109. 
 Kecital of separate or privy examina- 
 tion. 45 L.K.A. (N.S.) 1111. 
 Entire omission of recital. 45 
 
 L.R.A.(N.S.) 1111. 
 Omission of part of statutory 
 phrase. 45 L.K.A. (N.S.) 1112. 
 Variations in phraseology. 45 
 L.K.A.(N.S.) 1112. 
 Examined "as the law directs" 
 or "according to law." 
 45 L.K.A. (N.S.) 1113. 
 Miscellaneous. 45 L.R.A. (N.S.) 
 1113. 
 Kecital of separate acknowledgment. 
 45 L.R.A.(N.S.) 1114. 
 Omission of recital. 45 L.E.A. 
 
 (N.S.) 1114. 
 Variations in phraseology. 45 
 L.R.A.(N.S.) 1114. 
 Kecital of explanation of contents of 
 instrument. 45 L.K.A. (N.S.) 
 1115. 
 Entire omission of recital. 45 
 
 L.K.A.(N.S.) 1115. 
 Omission of part of statutory 
 phrase. 45 L.E.A. (N.S.) 1116. 
 Variations in phraseology. 45 
 L.E.A.(N.S.) 1116. 
 Eecital of declaration that execution or 
 acknowledgment was volun- 
 tary. 45 L.E.A.(N.S.) 1118. 
 Entire omission of recital. 45 
 
 L.K.A.(N.S.) 1118. 
 Omission of part of statutory 
 phrase. 45 L.K.A. (N.S.) 1118. 
 Variations in phraseology. 45 
 L.E.A.(N.S.) 1119. 
 
 ACKNOWLEDGMENT— co»*'d. 
 
 Eecital of declaration of relinquish- 
 ment of dower. 45 L.E.A. 
 (N.S.) 1121. 
 
 Omission of recital when she has 
 only dower interest. 45 L.E.A. 
 (N.S.) 1121. 
 
 Inclusion of recital when she owns 
 the fee. 45 L.E.A. (N.S.) 1121. 
 
 Variations in phraseology. 45 
 L.E.A.(N.S.) 1121. 
 Eecital of declaration that there is no 
 wish to retreat. 45 L.E.A. 
 (N.S.) 1121. 
 
 Entire omission of recital. 45 
 L.K.A.(N.S.) 1121. 
 
 Omission of part of statutory 
 phrase. 45 L.K.A. (N.S.) 1122. 
 
 Variations in phraseology. 45 
 L.K.A. (N.S.) 1122. 
 Miscellaneous recitals. 45 L.K.A. (N.S.) 
 1122. 
 
 Identity of married woman grant- 
 or. 45 L.K.A.(N.S.) 1122. 
 
 Date of examination. 45 L.K.A. 
 (N.S.) 1123. 
 
 Voluntary appearance. 45 L.K.A. 
 (N.S.) 1123. 
 
 Eecitals in certificate of inherit- 
 ance in South Carolina. 45 
 L.K.A. (N.S.) 1123. 
 
 Order of recitals. 45 L.K.A. (N.S.) 
 1123. 
 
 ACQUIESCENCE. 
 
 Estoppel by, see Estoppel, III. f. 
 
 By creditor in assumption of debts on dis- 
 solution of partnership. 48 L.E.A. 
 (N.S.) 552. 
 
 ACQVITTAI.. 
 
 Former acquittal as a bar, see Criminal 
 Law, IV. d. 
 
 ACTION ON THE CASE. 
 
 See Case. 
 
 Begin with this liooli on every law question. 
 
 ACTION OR SUIT. 
 
 J. In general, §§ 1—6. 
 
 II. When right of action accrues gen- 
 erally, § 7. 
 
 III. Conditions precedent, §§ 8—11. 
 
 IT. Defenses, §§ 12—16. 
 
 V. Splitting; successive actions, § 17. 
 
 ri. Joinder, §§ IS, 19. 
 
 I. In general. 
 § 1. Generally, 
 
 Abatement and revival, see Abatement 
 AND Revival. 
 
INDEX TO NOTES. 
 
 H 
 
 ACTION OR SUIT, 1.— cont'd. 
 
 Appearance in, see Appeakance. 
 
 Compromise of, see Compeomise and Set- 
 tlement. 
 
 Jurisdiction of, see Courts. 
 
 Dismissal or discontinuance of, see Dismis- 
 sal AND Discontinuance. 
 
 Election of remedies, see Election of 
 Remedies. 
 
 Affecting decedents' estates, see Executors 
 AND- Administrators, V. 
 
 Injunction against, see Injunction, II. k. 
 
 Limitation of, see Limitation of Actions. 
 
 Interruption of limitations by, see Limita- 
 tion OF Actions, IV. b. 
 
 Parties to, see Parties. 
 
 Private action, see Private Action. 
 
 Removal of, see Removal of Causes. 
 
 Replevin suits, see Replevin. 
 
 Trial of, see Trial. 
 
 Venue of, see Venue. 
 
 As to service of process, see Writ and Proc- 
 ess. 
 
 Privilege from suit, see Writ and Process, 
 H. d. 
 
 On assignment, see Assignment, § 15. 
 
 On bill or note, see Bills and Notes, VIII. 
 
 On contract, see Contracts, VII. 
 
 By stockholder, see Corporations, § 98. 
 
 Bv foreign corporation, see Corporations, 
 XI. c. 
 
 By executor or administrator, see Execu- 
 tors AND Administrators, §S 57, 61. 
 
 By ward against guardian, see Guardian 
 and Ward, § 15. 
 
 By or betvfeen husband and wife, see Hus- 
 band and Wife, VI. 
 
 By or against incompetent person, see In- 
 competent Persons, VIII. 
 
 By or against infant, see Infants, V. 
 
 By or against municipality, see Municipal 
 Corporations, § 2a. 
 
 By receivers, see Receivers, § 22. 
 
 Against receivers, see Receivers, § 23. 
 
 Against state, see State, § 12. 
 
 Between partners, see Partnership, § 57. 
 
 For death, see Death, II. 
 
 For divorce, see Divorce and Separation. 
 
 To recover tax paid, see Taxes, §§ 86, 87. 
 
 Insolvency of corporation, or appointment 
 of receiver, as affecting its right to sue. 
 50 L.R.A.(N.S.) 383. 
 
 Bringing suit as a change of position with- 
 in law of estoppel. 52 L.R.A.(N.S.) 
 1185. 
 
 Bringing or inciting the bringing of a false 
 or fictitious suit as contempt. L.R.A. 
 1915B, 689. 
 
 g§ 2, 3. Control or settlement of. 
 
 Control of attorney over, see Attorneys, 
 
 § 13. 
 Extent of power of indemnity insurer to 
 
 settle or control litigation. 52 L.R.A. 
 
 (N.S.) 128. 
 
 § 4. Right of action generally. 
 
 For death, see Death, II. 
 For nuisance, see Nuisances, II. c. 
 To recover personal property, see Replevin, 
 TI. 
 Con-'^iilt also L.R.A. Digests to date. 
 
 ACTION OR SUIT, h— cont'd. 
 Fci- conversion, see Trover, II. 
 Wlio may enforce liability of stockholder, 
 
 see Corporations, §§ 116, 116a. 
 Private action, see Private Action. 
 
 Libel or slander of one person, as ground of 
 action by another. 45 L.R.A. (N.S. ) 
 766. 
 
 Action at law against corporation by true 
 owner of stock for unauthorized trans- 
 fer of stock on its books. 45 L.R.A. 
 (N.S.) 1081. 
 
 To recover damages caused by injunction. 
 L.R.A.1916E, 1282. 
 
 § 5. Form; kind; mode of bringing. 
 
 Election of remedies, see Election op 
 Remedies. 
 
 Form of action to recover damages for 
 mental anguish in telegraph case. 49 
 L.R.A.(N.S.) 281. 
 
 § 6. — civil or criminal. 
 
 Character of prosecution for violation of 
 municipal ordinance as civil or crimi- 
 nal. 48 L.R.A.(N.S.) 161. 
 
 //. When right of action accnies gen- 
 erally. 
 
 § 7. Generally. 
 
 Wiien limitations commence to run, see 
 Limitation of Actions, II. 
 
 Accrual of right of action for malicious 
 prosecution, see Malicious Prosecu- 
 tion, § 9. 
 
 When cause of action for breach of promise 
 accrues. L.R.A.1915B, 280. 
 
 When cause of action for continuing nui- 
 sance arises. L.R.A.1916E, 999. 
 
 III. Conditions precedent, 
 
 g 8. Generally. 
 
 To suit against stockholder, see Corpora- 
 tions, § 115. 
 
 Prerequisites to relief from fraud, see 
 Fraud and Deceit, § 40. 
 
 To action of replevin, see Replevin, § 4. 
 
 To enforcement of liability of corporate 
 directors under statutes purporting to 
 make them liable for contracting debts 
 in excess of a fixed limit. L.R.A.1915D, 
 1048. 
 
 Agreement for arbitration as condition 
 precedent to litigation. 47 L.R.A. 
 (N.S.) 387. 
 
 Necessity of exhausting remedies within 
 order against decision expelling or sus- 
 pending a member from a mutual bene- 
 fit association as condition of action 
 for damages or benefits. 52 L.R.A. 
 (N.S.) 820. 
 
 g 9. Demand or request. 
 
 Necessity of applying to board of directors 
 as a condition of right of stockholder to 
 sue on behalf of the corporation. 51 
 L.R.A.(N.S.) 99. 
 
12 
 
 INDEX TO NOTES. 
 
 ACTION OR SUIT, III— cont'd. 
 
 Necessity of applying to body of stockhold- 
 ers as a condition ,of right of stock- 
 holder to sue on behalf of the corpora- 
 tion. 51 L.E.A.(N.S.) 112. 
 
 § 10. Notice. 
 
 Notice of loss or claim to carrier, see Cab- 
 BIEB, § 134. 
 
 ir. Defenses. 
 
 § 12. Generally. 
 
 Defenses to criminal prosecution, see Cmmi- 
 
 NAL Law, III. 
 To action for assault and battery, see As- 
 
 SATOT AND BAITEET, § 3. 
 
 In action for bribery, see Beibebt, § 3. 
 
 In action against corporate stockholders, 
 
 see COBPOEATIONS, VIII. e. 
 In divorce suit, see Divorce and Sepaka- 
 
 TION, IV. 
 In ejectment, see Ejectment, § 7. 
 In action for libel or slander, see Liebi. and 
 
 Slander, IV. c. 
 In action for nuisance, see Nuisances, II. d. 
 Showing of, as essential to relief against 
 
 judgment, see Judgment, § 88. 
 Estoppel as defense, see Estoppel. 
 Limitation of actions as a defense, see 
 
 Limitation op Actions. 
 Contributory negligence as, see Negligence, 
 
 11. 
 Violation of Sunday laws, see Sunday, § 4. 
 As to usury, see UsuET, III. b. 
 
 Special defenses in action to recover dam- 
 ages for mental anguish in telegraph 
 case. 49 L.R.A.(N.S.) 289. 
 
 Illegal character of original transaction as 
 defense to an action on account stated. 
 45 L.R.A.(N.S.) 539. 
 
 Ill health as defense to action for breach 
 of promise. L.R.A.1916D, 1276. 
 
 Who mav raise objections under the Tor- 
 rens'Law. L.R.A.1916D, 42. 
 
 § 13. Actions on contracts. 
 
 Availability to third person, see infra, § 16. 
 
 In action on note, see Bills and Notes, § 
 65. 
 
 Drunkenness as, see Drunkenness, §§ 3, 4. 
 
 In action on insurance policy, see Insue- 
 AKCE, VIII. d. 
 
 In action for rent, see Landlord and Ten- 
 ant, V. 
 
 Special defenses in action to enforce sub- 
 scription for charity. 48 L.R.A.(N.S.) 
 811. 
 
 § 15. Actions for personal injury. 
 
 In action for death, see Death, §§ 12, 13. 
 Assumption of risk as, see Master and 
 
 Servant, III. b. 
 Contributory n^ligence as, see Negligence, 
 
 II. 
 
 § 16. Availability of defense to third 
 person. 
 
 Defense of usury, see Usury, § 13. 
 
 Begin with this hoolc on every law question. 
 
 ACTION OR SUIT, IV.— cont'd. 
 
 Right of vendee of real estate which is sub- 
 ject to a lien to raise the question of 
 usury. 48 L.E.A.(N.S.) 840. 
 
 Lack of, or invalidity of franchise as a de- 
 fense to an action by a public service 
 corporation for service rentals. 52 
 L.R.A.{N.S.) 713. 
 
 T. Splitting; successive actions, 
 
 §17. Generally. 
 
 Injury both to person and to property at 
 
 the same time as constituting more 
 
 than one cause of action. 51 L.R.A. 
 
 (N.S.) 319. 
 
 Several actions for death, or injury causing 
 
 death. L.R.A.1915E, 1095. 
 Right to maintain both action for personal 
 injury under survival statute and ac- 
 tion for death. L.R.A.1915E, 1132. 
 Judgment in action for personal injury as 
 abatement of action for death or vice 
 versa. L.R.A.1915E, 1152. 
 Right to split elements of damages for per- 
 sonal injury and maintain separate ac- 
 tions thereon. L.R.A.1916B, 743. 
 Judgment in action for personal injury or 
 death as bar to a subsequent action 
 based on a diflferent ground of negli- 
 gence. L.R.A.1916D, 1167. 
 Libel and slander; publication in diflferent 
 editions or publications as distinct 
 causes of actions. L.E.A.1916A, 1077. 
 Right to successive actions in case of con- 
 tinuing nuisance. L.R.A.1916E, 
 1011. 
 Permanency of the structure. L.R.A. 
 1916E, 1011. 
 Presumption from illegality. L.R.A. 
 
 1916E, 1013. 
 Its physical characteristics. L.R.A. 
 
 1916E, 1046. 
 Certainty and obviousness of future 
 injuries. L.R.A.1916E, 1050. 
 Defendant's intention. L.R.A. 
 1916E, 1054. 
 Character of the injury. L.E.A.1916E, 
 1055. 
 Amount and continuing nature of 
 the injuries. L.R.A.1916E, 
 1056. 
 Plaintiflf's right to elect. L.R.A.1916E, 
 1068. 
 
 TI. Joinder. 
 
 §18. Generally. 
 
 Joinder of parties, see Parties, §§ 25, 36. 
 
 Joinder of action for personal injury with 
 action for wrongful death. L.R.A. 
 1915E, 1138. 
 
 § 19. Injury to person and to prop- 
 erty. 
 
 Injury both to person and to property at 
 the same time as constituting more 
 than one cause of action. 51 L.R A 
 (N.S.) 319. 
 
INDEX TO NOTES. 
 
 13 
 
 ACT OF GOD. 
 
 § 1. Generally. 
 
 As excuse for nonperformance of contract. 
 L.R.A.1916F, 26. 
 
 Liability of railroad company to employees 
 for injuries caused by defects in road- 
 bed caused or accompanied by rainfall. 
 49 L.R.A.(N.S.) 198. 
 
 § 2. What censtitntes. 
 
 Vessel striking submerged object as act of 
 God. L.E.A.1915C, 423. 
 
 § 3. Effect of, on carrier's liability. 
 
 Effect of, on carrier's liability as to freight, 
 see Cabriebs, § 111. 
 
 Presumption of negligence from injury to 
 passenger by derailment by. L.R.A. 
 1916C, 372. 
 
 ADDITIONAI. SERVITUDE. 
 
 See Eminent Domain, V. 
 
 •-•-• 
 
 ADEMPTION. 
 See Wills, §§ 121-123. 
 
 ♦«» 
 
 ADEQUATE REMEDY AT LAW. 
 
 See Equity, § 3; Injunction, § 8. 
 
 ♦<-♦ 
 
 ADJOINING OWNER. 
 
 Right to lateral support, see Lateral Sup- 
 port. 
 Matters as to party wall, see Pabtt Wall. 
 See also Abutting Owners. 
 
 Right of, to notice to redeem from tax sale. 
 
 44 L.R.A.(N.S.) 672. 
 Injury to gas or oil well from acts done 
 on adjoining premises. 48 L.R.A. (N.S.) 
 167. 
 Liability for damages caused by filling 
 space between building and wall of ad- 
 joining building. L.E.A.1916D, 765. 
 Right to discharge water, snow, or ice from 
 roof upon premises of adjoining 
 owner. L.R.A.1916A, 693. 
 Prescriptive easement. L.R.A. 1916A, 
 694. 
 Effect of alterations. L.R.A.1916A, 
 695. 
 Conveyance of one estate by owner of 
 
 both. L.R.A.1916A, 695. 
 License. L.R.A.1916A, 696. 
 
 ADJUDICATION. 
 
 ADMINISTRATION. 
 
 Of decedent's estate, see Executors and Ad- 
 ministrators. 
 
 ADMINISTRATOR DE BONIS NON. 
 
 Right of administrator c. t. a. to exercise 
 power of sale of real estate. 50 L.R.A. 
 (N.S.) 609. 
 
 ADMINISTRATOR WITH THE 
 WILL ANNEXED. 
 
 See Administrator De Bonis Non. 
 
 » » » 
 
 ADMIRALTY. 
 
 § 1. Generally. 
 
 Maritime Liens, see Maritime Liens. 
 As to shipping generally, see Shipping. 
 
 Rate of interest allowed by admiralty court 
 in case of marine tort as affected by 
 place of occurrence or suit. 51 L.R.A. 
 (N.S.) 966. 
 
 Limitation of application of worlonen's 
 compensation statute by Federal laws. 
 L.R.A.1916A, 461. 
 
 § 2. Jurisdiction. 
 
 Jurisdiction of admiralty to enforce Fed- 
 eral employers' liability act. 47 
 L.R.A. (N.S.) 73. 
 Jurisdiction of admiralty over suit for in- 
 jury to stevedore. 51 L.R.A. (N.S.) 
 1157. 
 Suit against vessel or owner. 51 L.R.A 
 
 (N.S.) 1158. 
 Suit against stevedore's employer. 51 
 L.R.A.(N.S.) 1161. 
 Jurisdiction of, and law governing, action 
 for death on waters. L.R.A.1916A, 
 1157. 
 
 ADMISSION. 
 
 Estoppel by, see Estoppel, § 16. 
 Evidence of, see Evidence, § 215. 
 Of state, see State, § 2. 
 During trial, see liiiAL, § 8. 
 
 ADOPTION. 
 
 Of Constitution, see Constitutional Law, 
 
 § 3. 
 Of child, see Parent and Child, §§ 16-18. 
 
 See Judgment. 
 
 Confiull also L.R.A. Digests to date. 
 
 • » » 
 
 ADULTERATION. 
 
 Of food, see Food, § 2. 
 
14 
 
 INDEX TO NOT:fes. 
 
 ADULTERY. 
 
 § 1. Generally. 
 
 Effect of, on wife's statutory right of ac- 
 tion for death of husband. L.K.A. 
 1916E, 129. 
 
 Former jeopardy in case of. L.R,A.1915A, 
 256, 
 
 § 2. What constitntes. 
 
 Effect of fact that but one of the parties is 
 married upon the oflfense of "adultery" 
 within the penal statutes. L.E.A. 
 1915D, 438. 
 
 § 3. Defenses. 
 
 Acquittal of one of the parties, as bar to 
 prosecution of the other. 49 L.R.A. 
 (N.S.) 479. 
 
 § 4. Evidence in prosecntion for. 
 
 Age of alleged accomplice as affecting neces- 
 sity of corroboration of testimony. 
 L.R.A.1915E, 1224. 
 
 ADULTS. 
 
 Statutory right of parent to recover for 
 death of adult child. L.R.A.1916E, 
 190. 
 
 Statutory right of adult child to recover 
 for death of parent. L.R.A.1916E, 176. 
 
 ADVANCEMENTS. 
 
 § 1. Generally. 
 
 Bringing advancements into hotchpot in 
 cases of partial intestacy. 4 B. R. C. 
 268. 
 
 ♦ »» 
 
 ADVANCES. 
 
 § 1. Generally. 
 
 Damages for breach of contract to make. 
 L.R.A.1916F, 506. 
 
 § 4. Guaranty of. 
 
 Request to make advances to another as im- 
 plied guaranty of payment. 46 L.R.A. 
 
 (N.S.) 484. 
 
 ADVERSE POSSESSION. 
 
 /. In general, § 1. 
 II. What constitutes, §§ 2—14:. 
 III. Color of title, §§ 15—18. 
 ir. Effect; title iy, § 19. 
 
 I. In general. 
 
 % 1. Generally. 
 
 Easement by prescription, see Basements, 
 
 § 9. 
 As to sta'tute of limitations generally, see 
 
 Limitation of Actions. 
 
 Begin with this l>oolc on every laxv question. 
 
 ADVERSE POSSESSION, I.— cont'd. 
 Acquirement of water rights by prescrip- 
 tion, see Watebs, II. q. 
 
 Right of adverse occupant to notice to re- 
 deem from tax sale. 44 L.R.A. (N.S.) 
 676. 
 
 II. What constitutes. 
 
 § 10. By or against public. 
 
 Applicability of statute of limitations to 
 actions by agencies of state. L.R.A. 
 1916E, 97. 
 
 § 11. — railroad right of way. 
 
 Adverse possession of railroad right of way. 
 L.R.A.1916B, 657. 
 Requisites of adverse possession. L.R.A. 
 1916B, 661. 
 Acquisition of prescriptive right of way 
 across railroad tracks. 48 L.R.A. (N.S.) 
 903. 
 
 §13. Hostility. 
 
 As essential element in case of adverse pos- 
 session of railroad right of way. 
 L.R.A.1916B, 661. 
 
 g 14. Extent; hind of possession. 
 
 Working part of mine as adverse possession 
 of whole property. 3 B. R. C. 418. 
 
 III. Color of title. 
 
 § IS. Generally. 
 
 Unrecorded deed as color of title. L.R.A. 
 
 1915B, 1006. 
 In general. L.R.A.1915B, 1007. 
 Statutes requiring registration. L.R.A. 
 
 1915B, 1010. 
 Extent of color. L.R.A.1915B, 1013. 
 Validity of deeds. L.R.A.1915B, 1011. 
 
 ir. Effect; title by. 
 
 g 19. Generally. 
 
 Use of possessory title as a weapon of 
 
 offense. 46 L.R.A. (N.S.) 487. 
 
 Title by adverse possession as a weapon 
 
 of offense. 46 L.R.A. (N.S.) 
 
 506. 
 
 Quieting title. 46 L.R.A. (N.S.) 
 
 506. 
 
 Ejectment. 46 L.R.A.(N.S.) 508. 
 
 Possession twenty years or 
 
 more. 46 L.R.A. (N.S.) 
 
 510. 
 
 Possession fifteen years. 46 
 
 L.R.A.(N.S.) 512. 
 Possession for ten years. 46 
 
 L.R.A.(N.S.) 5i3. 
 Possession for seven vears. 
 
 46 L.R.A.(N.S.) 5U. 
 Possession over five years. 
 46 L.R.A. (N.S.) 515. 
 Specific performance. 40 L.R.A. 
 
 (N.S.) 515. 
 Trespass. 46 L.R.A. (N.S.) 516. 
 Injunctive relief. 46 L.R.A. 
 (N.S.) 517. 
 
INDEX TO NOTES. 
 
 ]5 
 
 ADVERSE POSSESSION. IV.— cont'd. 
 
 Extent of rights acquired bv adverse pos- 
 session of surface of land. 4 B. R. C. 
 238. 
 
 Bar of curtesy by adverse possession. 52 
 L.R.A.(N.S.) 525. 
 
 Rights under the Torrens Law of one in 
 adverse possession. L.R.A.1916D, 58. 
 
 ADVERTISING. 
 
 f 1. Generally. 
 
 <Jonstitutionality of statute requiring one 
 advertising for help during strike to 
 mention its existence. 49 L.R.A. (N.S.) 
 879. 
 
 Statute or ordinance forbidding or restrict- 
 ing advertisements of intoxicating li- 
 quors. L.R.A.1916B, 895. 
 
 Use of another's trademark or insignia not 
 technically a trademark for advertising 
 purposes as infringement or unfair 
 competition. L.R.A.1915B, 889. 
 
 *§ 2. In OP on ivliat. 
 
 ■On walls of building, see Walls, § 2. 
 
 Right of action for use of photograph or 
 name for advertising purposes. L.R.A. 
 . 1915C, 839. 
 
 $ 3. Penalty for. 
 
 As ground for revoking physician's license. 
 43 L.R.A. (N.S.) 912; 51 L.R.A. (N.S.) 
 958. 
 
 ADVICE. 
 
 Of counsel, see Advice or Counsel. 
 
 Improper advice to client with no intention 
 to wrong him as ground for disbar- 
 ment or suspension. L.R.A. 1916A, 
 1175. 
 
 Effect on personal liability of a trustee for 
 losses to trust estate from investments, 
 of fact that he acted on advice. 44 
 L.R.A.(N.S.) 978. 
 
 Mental anguish from deprivation cf oppor- 
 tunity to receive or give, as element of 
 damages for failure to deliver telegram 
 announcing illness or death. 49 L.R.A. 
 (N.S.) 300. 
 
 Voluntariness of confession induced by ad- 
 vice. 50 L.R.A.(N.S.) 1077. 
 
 ADVICE OF T10UNSEI,. 
 
 Effect of, on settlement between guardian 
 and ward out of court. L.R.A.1916E, 
 871. 
 Consult also L.B.A. Digests to date. 
 
 AEROPLANE FLIGHT. 
 
 Liability of one maintaining place of amuse- 
 ment for injury to patron by. L.R.A. 
 1915F, 690. 
 
 AFFECTIONS. 
 
 Alienation of, see Husband and Wife, 
 §§ 66, 67. 
 
 AFFIANCED WIFE. 
 
 As "dependent" within statute or rules de- 
 fining beneficiaries of mutual benefit 
 societies. 51 L.R.A. (N.S.) 726. 
 
 AFFIDAVIT. 
 
 § 1. Generally. 
 
 Of merits, see Judgment, § 88. 
 
 For publication of process, see Wbit and 
 
 Process, § 21. 
 See also Oath. 
 
 Liability of notary or other officer certify- 
 ing to. 49 L.R.A.(N.S.) 43. 
 
 Privilege as to defamatory statements in. 
 4 B. R. C. 969; L.R.A.1916C, 986. 
 
 AFFIRMANCE. 
 
 Of infant's contracts, see Infants, § 20. 
 
 AFTER-BORN CHILDREN. 
 
 § 1. Generally. 
 
 Homicide in killing. 49 L.R.A. (N.S.) 582. 
 
 Prenatal injury to, as ground of action. 
 45 L.R.A. (N.S.) 625. 
 
 May a child en ventre sa mere be consid- 
 ered as in being for purpose of rule as 
 
 ' against perpetuities. 4 B. R. 0. 492. 
 
 Right of after-born child to recover for 
 death of brother. L.R.A. 1916E, 131. 
 
 Statutory right to recover for death of par- 
 ent. L.R.A.1916E, 130. 
 
 § 2. Property rights of. 
 
 Disherison of, see Wills, § 68. 
 
 AGE. 
 
 § 1. Generally. 
 
 Of consent, see Age of Consent. 
 
 Of accused as affecting voluntariness of con- 
 fession. 50 L.R.A.(N.S.) 1082. 
 
 Age of alleged accomplice in sexual offense 
 as affecting necessity of corroboration 
 of testimony. L.R.A.1915E, 1222. 
 
 Unknown disqualification of juror because 
 of age as ground for new trial. 50 
 L.R.A.(N.S.) 973. 
 
16 
 
 INDEX TO NOTES. 
 
 AGE— cont'd. 
 
 Provision in bequest or devise contemplating 
 the attainment of a specified age as 
 rendering the gift contingent. L.E.A. 
 1915C, a 012. 
 
 § 2. Misrepresentations as to. 
 
 Effect of qualifying statements as to, in 
 application for insurance by words "to 
 best of my knovifledge and belief," or 
 words of like import. 43 L.R.A. (N.S.) 
 431. 
 
 Liability of master for injury to minor 
 servant who secures employment by 
 misrepresenting his age. L.R.A.1915F, 
 1082. 
 
 AGENCY. 
 
 See Principal and Agent. 
 
 AGE OF CONSENT. 
 
 Marriage of persons under, see Mabriaqe, 
 
 § 9. 
 Rape of female under, see Rape, § 3. 
 
 AGISTER. 
 
 Presumption and burden of proof as to 
 negligence in case of loss or injury. 
 43 L.E.A.(N.S.) 1186. 
 
 Liability of agister under special terms of 
 contract for care or return of subject 
 of agistment. L.R.A.1915B, 302. 
 
 Duty of agister to supply water. L.R.A. 
 1915E, 590. 
 
 AGRICULTURE. 
 
 Power to prescribe teaching of, in public 
 schools. 47 L.R.A.(N.S.) 202. 
 
 Liability of state board of agriculture con- 
 ducting fair or exposition for injury to 
 patron. L.R.A.1915E, 469. 
 
 AID. 
 
 To railroad, see Eailboads, § 26. 
 
 AIDING AND ABETTING. 
 
 Criminality of, see Criminal Law, § 25. 
 
 '■ — ♦-»> 
 
 AISLES. 
 
 Duty of proprietor of theater as to safety 
 of aisles. L.E.A.1915F, 698. 
 
 ALCOHOL. 
 
 Judicial notice of intoxicating character of. 
 
 48 L.R.A.(N.S.) 302. 
 Power to prohibit manufacture of, for uses 
 
 other than a beverage. 49 L.R.A. { N.S. ) 
 
 182. 
 
 * » » 
 
 ALCOHOLISM. 
 
 See also Drunkenness. 
 
 Effect of, on recovery from one negligently 
 causing injury to person suffering 
 from. 48 L.R.A. (N.S.) 121. 
 
 ALE. 
 
 Judicial notice of intoxicating character 
 of. 48 L.R.A.(N.S.) 306. 
 
 ALIENATION. 
 
 Restraint on, generally, see Pbbpetuities. 
 
 #-.-♦ 
 
 ALIENATION OF AFFECTIONS. 
 
 See Husband and Wife, §§ 66, 67. 
 
 ♦ »» 
 
 ALIEN ENEMY. 
 
 Status of corporation as alien enemy. 5 
 
 B. R. C. 333. 
 Alien enemies as litigants. 5 B. R. C. 583. 
 As plaintiffs or claimants. 5 B. R. C. 
 583. 
 Where enemy does not reside in his 
 own country. 5 B. R. C. 587. 
 Suits growing out of transactions 
 permitted by the government. 
 5 B. R. C. 588. 
 Effect of war on suit previously in- 
 stituted, judgment recovered, 
 or appeal pending. 5 B. R. C. 
 589. 
 Nature and form of plea. 5 B. R. 
 C. 590. 
 As parties defendant. 5 B. R. C. 591. 
 Sufficiency of constructive service. 
 
 5 B. R. C. 594. 
 Attachment proceedings. 5 B. R. 
 
 C. 597. 
 Enforcement of mortgage, deed of 
 trust, or other lien. 5 B. R. C. 
 597. 
 Right to habeas corpus. 5 B. E. C. 
 600. 
 Riglit to habeas corpus. 5 B. R. C. 600. 
 Marine insurance; validity of insurance of 
 enemy property against seizure. 5 B. 
 R. C. 836. 
 
 Begin with this iooTc on every law question. 
 
INDEX TO NOTES. 
 
 17 
 
 AlilENS. 
 
 § I. Generally. 
 
 Alien enemies, see Alien Enemies. 
 
 Unknown disqualification of juror because 
 
 of alienage as ground for new trial. 
 
 50 L.R.A.(N.S.) 973. 
 EflFect of provisions of congressional "white 
 
 slave traffic act" as to harboring alien 
 
 women. L.R.A.1915A, 869. 
 Validity of discrimination against aliens by 
 
 inheritance tax law as affected by treaty 
 
 with foreign government. L.R.A. 
 
 1916A, 474. 
 Prohibiting or restricting employment of 
 
 aliens. L.R.A.1916D, 569. 
 Right of action for death of employee under 
 
 Federal employers' liability act for 
 
 benefit of nonresident alien dependent. 
 
 L.R.A.1915C, 74. 
 
 § 2. Status. 
 
 Efiect of marriage on woman's status as an 
 alien. L.R.A.1916D, 132. 
 Alien marrying citizen. L.R.A.1916D, 
 
 132. 
 Citizen marrying an alien. L.R.A. 
 1916D, 134. 
 Status of corporation as alien enemy. 5 
 B. R. C. 333. 
 
 § 3. Immigration; deportation. 
 
 Validity of statute creating prima facie rule 
 of evidence in deportation cases. 
 L.R.A.1915C, 736. 
 
 § 4. Inheritance; property rights. 
 
 Descent to, through and from, see Descent 
 
 AND DiSTEIBUTION, § 4. 
 
 ALIMONY. 
 
 See Divorce and Separation, V. 
 
 ALLEY. 
 
 Extent of right conferred by grant or reser- 
 vation in conveyance of lot of right to 
 use lane or alley. 3 B. R. 0. 533. 
 
 ALLOWANCE. 
 
 Of alimony, see Divorce and Separation, 
 
 V. 
 From decedents' estate, see Executors and 
 
 Administrators, IV. d. 
 
 ALTERATION OF INSTRUMENTS. 
 
 § 1. Generally. 
 
 As forgery, see Forgery. 
 ■Revoqation of virill by alteration, see Wills, 
 §§ 39, 40. j 
 
 Filling blank with date. L.R.A.1916F, 1274. ' 
 Consult also L.R.A. Digests to date. 
 
 43— '16F. 2 
 
 ALTERATION OF INSTRUMENTS— coni'd 
 Implied or apparent authority to insert or 
 
 complete date of commercial paper. 
 
 L.R.A.1916F, 1266. 
 In general. L.R.A.1916F, 1266. 
 What date may be inserted. L.R.A. 1916F, 
 
 1269. 
 When blank may be filled. L.R.A.191GF, 
 
 1274. 
 Filling blank as an alteration. L.R.A. 
 
 1916F, 1274. 
 
 § 3. Materiality. 
 
 § 4. — commercial paper. 
 
 Alteration of date of note. 51 L.R.A. (N.S.) 
 
 346. 
 Making memorandum on negotiable instru- 
 ment as an alteration. L.R.A.1916D, 
 533. 
 Changing name of payee of note, or adding 
 or erasing words "bearer" or "or- 
 der" as material alteration. 
 L.R.A.1915A, 166. 
 Changing name generally. L.R.A. 
 1915A, 167. 
 Adding or substituting new payee. 
 
 L.R.A.1915A, 167. 
 Adding words descriptio persons, 
 
 etc. L.R.A.1915A, 171. 
 Correcting mistake. L.R.A, 1915A, 
 
 172. 
 Missouri rule. L.R.A.1915A, 172. 
 Changing by use of words aflecting 
 negotiability. L.R.A.] 915A, 
 173. 
 Adding "or order" to non-negotia- 
 ble note. L.R.A.1915A, 173. 
 Adding "or bearer" to non-negotia- 
 ble note. L.R.A.1915A, 174. 
 Inserting "bearer" for "order." 
 L.R.A.1915A, 174. 
 Indorsement of payment on bill or note as 
 a material alteration. 46 L.R.A. (N.S. ) 
 1043; L.R.A.1916F, 215. 
 
 § 6. Effect. 
 
 Alteration of instrument by agent of holder 
 as affecting right to recover there- 
 on. L.R.A.1916F, 293. 
 Instrument not vitiated. L.R.A. 1916F, 
 
 294. 
 Instrument vitiated. L.R.A.1916F, 300, 
 Ratification by holder. L.R.A. 1916F, 
 303. 
 
 § 7. — commercial paper. 
 
 Alteration by agent of holder as affecting 
 right to recover thereon. L.R.A,1916F, 
 293. 
 Liability of maker, acceptor, or indorser of 
 commercial paper where blanks 
 therein are filled up contrary to 
 his instructions, 5 B. R. C. 702. 
 At common law. 5 B. R. C, 703. 
 
 Knowledge that instrument was 
 signed in blank as affecting 
 taker's bona fides. 5 B. R. C. 
 710. 
 Where person seeking to enforce note 
 had notice of limitation of au- 
 thority. 5 B. R. C. 711. 
 
18 
 
 INDEX TO NOTES. 
 
 ALTERATION OF INSTRUMENTS— co«*'d 
 
 Extent of recovery. 5 B. R. C. 711. 
 Liability under statutes: 5 B. R. C. 
 
 712. 
 Where the bill or note is not meant to 
 
 be issued-dootrine of Smith v. Pros- 
 
 ser. 5 B. R. C. 714. 
 
 ALTERNATIVE AIiLEGATIONS. 
 
 Use of disjunctive "'or'' in indictment charg- 
 ing Icind or quality of liquor sold. 51 
 L.R.A.(N.S.) 133. 
 
 Joinder of parties in action on bond with 
 alternative allegations as to liability. 
 51 L.R.A.(N.S.) 640. 
 
 * « » 
 
 ALTERNATIVE JUDGMENT. 
 
 See Replevin, § 15. 
 
 ♦-•-♦ 
 
 ALTERNATIVE PROMISES. 
 
 Intervening impossibility of performance as 
 as a defense in case of alternative 
 promises. L.R.A.1916F, 81. 
 
 AMBIGUITIES. 
 
 In Will, see Wills, § 61. 
 
 »» » 
 
 amended 
 
 AMENDMENT. 
 
 Of indictment, see Indictmeivt, Informa- 
 
 Tiox, AND Complaint. 
 Of municipal charter, see Municipal Coe- 
 
 POBATIONS, § 7. 
 Of pleading, see Pleading, I. e. 
 Trial of extradited person on 
 
 charge, see Extradition, § 4. 
 
 Of petition for referendum. 50 L.R.A. 
 (N.S.) 219. 
 
 AMICUS cuRi.a:. 
 
 Right of stranger to an action to appear 
 as amicus curiae to protect interests of 
 infants. 44 L.R.A. (N.S.) 1182. ' 
 
 AMORTIZATION. 
 
 Of intangibles, in estimating return of pub- 
 lic service corporation for rate-making 
 purposes. 52 L.R.A. (N.S.) 49. 
 Begin with this 'book, on every law question 
 
 AMOUNT IN CONTBOVERST;. 
 
 For purpose of jurisdiction, see Courts, V. 
 
 AMUSEMENT PARKS. 
 
 Liability of person maintaining, for safety 
 of patron. L.R.A.1915F, 690. 
 
 Liability of lessor for personal injuries to 
 a customer or patron. L.R.A.1916F, 
 1128. 
 
 AMUSEMENTS. 
 
 § 1. Generally. 
 
 Bathing resorts, see Bathing Eesobt. 
 
 Gathering for, as a meeting within purview 
 of offense of disturbing meeting. 45 
 L.R.A. (N.S.) 109. 
 
 Use of public school property for purpose 
 of. 50 L.R.A. (N.S.) 1182. 
 
 Measure of carrier's liability for preventing 
 exhibition or show by breach of con- 
 tract of carriage. 49 L.R.A. (N.S.) 491. 
 
 Power of state or mimicipality to determine 
 location of places of amusement. 
 L.R.A1916D, 99. 
 
 Censorship of motion picture film. L.R.A. 
 1916C, 227. 
 
 § 3. Admission to places of. 
 
 Humiliation as element of damages for ex- 
 clusion from place of amusement. 
 L.R.A.1915B, 1119. 
 
 Right to control or revoke admission to 
 theater or other place of amusement. 
 L.R.A.1916E, 253. 
 
 § 4. — tickets. 
 
 Nature and extent of rights of holder of 
 ticket of admission to place of amuse- 
 ment. 43 L.R.A. (N.S.) 961; L.R.A. 
 1916E, 253. 
 
 § 5. Liability for injuries at. 
 
 Liability of one maintaining place of amuse- 
 ment to which public are invited 
 for safety of patrons. L.R.A. 
 1915F, 690. 
 
 Amusement parks or piers. L.R.A. 
 1915F, 690. 
 
 Grandstand. L.R.A.1915F, 693. 
 
 Injury by baseball. L.R.A.1915F, 694. 
 
 Liability of lessor; liability for negli- 
 gence of concessionaire. L.R.A. 
 1915F, 696. 
 
 Bathing resorts. L.R.A.1915F, 698. 
 
 Duty as 'to aisles and passagewavs in 
 theater. L.R.A.1915F, 698. " 
 
 Lights. L.R.A.1915F, 700. 
 Liability for assault or abuse by employees. 
 
 L.R.A.1910E, 914. 
 Liability of lessor of premises leased for 
 
 amusement purposes for personal in- 
 juries to a customer or patron. L.R.A. 
 
 1916F, 1123. 
 
INDEX TO NOTES. 
 
 19 
 
 AMUSEMENTS— cont'd. 
 ■Conducting state fair or exposition as exer- 
 cise of governmental or private 
 function respecting liability for in- 
 jury to patron. L.R.A.1915E, 469. 
 Performance of governmental function. 
 
 L.E,.A.1915E, 470. 
 Acting in private capacity. L.R.A. 
 1915E, 472. 
 
 § 6. — liability for acts of independ- 
 ent contractor. 
 
 Liability of one maintaining place of amuse- 
 ment to which public are invited for 
 negligence of concessionaire. L.R.A. 
 1915F, 696. 
 
 § 7. — mnnicipal liability. 
 
 Municipal liability for personal injury on 
 account of exhibition permitted in pub- 
 lic street. L.R.A.1915F, oC8. 
 
 § 9. On Sunday. 
 
 Free performance as a violation of the Sun- 
 day law. L.R.A.1916B, 1130. 
 
 ANARCHY. 
 
 Validity of statutory or otlier regulation 
 forbidding display of red flag or other 
 symbol tending to incite disorder. 
 L.R.A.1915B, 706. 
 
 ANATOMICAL SUBJECTS. 
 
 Exhibitions of, as nuisance. 45 L.R.A. 
 (N.S.) 23. 
 
 < ■ » 
 
 ANC£STRAX ESTATES. 
 
 Descent of. L.R.A.1916C, 902. 
 
 ANCIENT INSTRUMENTS. 
 
 Recital in ancient deed as evidence of heir- 
 ship. 45 L.R.A. (N.S.) 94. 
 
 #« » 
 
 ANCILLARY ADMINISTRATION. 
 
 See ExEOUTOES and Administbatobs, VII. 
 
 #■ » 
 
 ANCILLARY PROCEEDINGS. 
 
 When may local venue be disregarded upon 
 the ground that the action or proceed- 
 ings is ancillary or incidental. L.R.A. 
 1916D, 1134. 
 Consult also L.R.A. Digests to date. 
 
 ANESTHETIC. 
 
 Accident as proximate cause of death under 
 anesthetic. 3 B. R. C. 65. 
 
 ANGER. 
 
 Homicide in, see Homicide, § 32. 
 
 ANIMALS. 
 
 I. 
 II. 
 
 In general, § 1. 
 
 Rights and liabilities concerning, 
 §§ 3-22. 
 
 a. In general, § 2. 
 
 b. Property rights in, §§ 3—6. 
 
 c. Killing or injuring, §§ 7—8. 
 
 d. Liability for damage by, §§ 9— 
 
 16. 
 
 e. Diseased animals, §17. 
 
 f. Regulations concerning ; li- 
 
 cense and tax laws, §§ 18, 19. 
 III. Cruelty to, § 23. 
 
 I. In general. 
 
 § 1. Generally. 
 
 As to agistment, see Agisters. 
 Transportation of, see Careiebs, §§ 124- 
 
 127. 
 Constitutionality of statutes as to, see 
 
 CONSTITUTIOXAI. LaW, § 40. 
 
 As to dead animals, see Dead AsiiiALS. 
 
 Frightening of, see Feight. 
 
 As to game, see Game and Game Laws. 
 
 As to horses, see Horses. 
 
 Insurance on, see Insurance, § 222. 
 
 As to stables, see Stables. 
 
 Injunction to prevent trespass of. 48 
 L.R.A.(N.S.) 179. 
 
 Striking or frightening animal as assault 
 upon one in control. L.R.A. 1915E,'812. 
 
 False pretenses in misrepresenting the qual- 
 ity, condition or status of animals sold 
 or traded. 49 L.R.A. (N.S.) 576. 
 
 Effect of buyer's use of animals purchased 
 after seller's refusal to accept them 
 when tendered in rescission of contract. 
 L.R.A.1916F, 480. 
 
 Exclusiveness of remedy for breach of war- 
 ranty provided for in contract for sale 
 of animal. 50 L.R.A. (N.S.) 774. 
 
 H. Rights and liabilities concerning. 
 
 a. In general 
 
 g Z. Generally. 
 
 Liability of agister, see Agisters. 
 
 Liability of seller for damage to live stocic 
 by 'improper food. L.R.A.1916B, llOg. 
 
 b. Property rights in. 
 
 § 3. Generally. 
 
 Property right in wild animals which arc 
 being pursued or have been wounded. 
 50 L.R.A.(N.S.) 704. 
 
20 
 
 INDEX TO NOTES. 
 
 ANIMALS, II. h— cont'd. 
 
 Rights as between life tenant and remain- 
 derman to increase of livestock. L.R.A. 
 1915C, 849. 
 
 § 4. iLarceny of. 
 
 Larceny of estrays. L.E.A.1916A, 468. 
 Killing animal and carrying away part of 
 
 the carcass as larceny of the animal. 
 
 L.K.A.1915E, 848. 
 
 § 6. Liens; chattel mortgage. 
 
 Lien on, see Liens, §§ 14, 17. 
 
 c. Killing or injuring, 
 
 § 7. Generally. 
 
 Killing of, or injury to, by dogs, see infra, 
 
 § 12. 
 Liability of bailee of horse, see Baiuuent, 
 
 § 6. 
 Liability of carrier for, see Cabeieks, IV. h. 
 Injuries to, on railroad tracks, see Rail- 
 
 BOADS, VII. a, 7; § 85. 
 
 Liability of one who neglects to repair di- 
 vision fence for death or injury of live 
 stock after straying through the fence. 
 .52 L.R.A.(N.S.) 99. 
 Liability of one in possession of unfenced 
 land for injuries to live stock 
 which strays thereon from public 
 range. 52 L.R.A. (N.S.) 133. 
 Negligent or wilful injuries. 52 L.R.A, 
 (N.S.) 137. 
 Liability for injury to live stock upon one 
 side of fence by live stock on other. 
 L.R.A.1915D, 1074. 
 
 § 8. Dogs. 
 
 Right to kill dogs. L.E.A.1915C, 359. 
 
 Under police power. L.R.A.1915C, 360. 
 Unlawfully killing dogs. L.R.A.1915C, 
 
 360. 
 Trespassing dogs. L.R.A 19150, 360. 
 Sheep-killing dogs. L.R.A.1915C, 361. 
 Dogs killing or worrying other domestic 
 
 animals and fowls. L.R.A.1915C, 
 
 361. 
 
 d. Liability for damage by. 
 
 § 9. Generally. 
 
 Liability for injury to livestock upon one 
 side of fence by livestock on other. 
 L.R.A.1915D, 1074. 
 
 § 10. Animals trespassing or running 
 at large. 
 
 Right to kill trespassing dog, see supra, § 8. 
 
 Liability of landowner for damage by tres- 
 passing live stock which enter 
 upon his land and thence wander 
 to adjoining property. 43 L.R.A. 
 (N.S.) 447; L.R.A.1916E, 448. 
 Ordinary landowners. 43 L.R.A. (N.S.) 
 
 448. 
 Railroads. 43 L.R.A.(N.S.) 449. 
 Liability of owner of animal allowed to 
 stray or run at large on highway or 
 other public place for injuries to per- 
 sons or property of passers-by occa- 
 sioned otherwise than by direct attack. 
 5 B. E. C. 120, 
 
 ANIMALS, II. d— cont'd. 
 
 Liability of a carrier for injury or damage 
 inflicted by an animal whieli escapes- 
 from its custody or control. L.R.A. 
 1915D, 564. 
 
 § 11. 'Wild animals. 
 
 Liability for injury by animals ferae 
 nature. 52 L.R.A. (N.S.) 377. 
 
 Liability of a carrier for injury or damage 
 inflicted by an animal which escapes^ 
 from its custody or control. L.R.A. 
 1915D, 564. 
 
 §12. Dogs. 
 
 What are animals within statute in rela- 
 tion to killing of animals by dogs. 44 
 L.R.A.(N.S.) 607. 
 Statutes making owner or keeper liable for 
 injuries by dog while out of inclosure 
 L.R.A.1916E, 712. 
 Liability for injury inflicted by dog upon 
 one who enters premises by mistake. 
 L.R.A.1916C, 347. 
 What scienter is necessary to charge owner 
 with liability for injuries inflicted 
 by dog to person or property of 
 another. 51 L.R.A. (N.S.) 45. 
 Imputed knowledge. 51 L.R.A. (N.S.)- 
 
 47. 
 Effect of statutes. 51 L.R.A. (N.S.) 47. 
 
 § 15. Injury to servant. 
 
 Duty and liability of master to servants in 
 respect to animals owned or used 
 by master. L.R.A.1915B, 433. 
 
 Duty to warn. L.R.A.1915B, 435. 
 
 Servant's assumption of risk or contrib- 
 utory negligence. L.R.A.1915B, 
 435. 
 
 § 16. Municipal liability. 
 
 Liability of municipality for failure to en^ 
 force ordinance in relation to animals- 
 L.R.A.1915A, 448. 
 
 e. Diseased animals. 
 
 §17. Generally. 
 
 Validity and construction of statutorv 
 regulations as to infected ani- 
 mals. 43 L.R.A.(N.S.) 1066. 
 Federal or state jurisdiction. 43 
 
 L.R.A.(N.S.) 1066. 
 Delegation of power. 43 L.R.A. (N.S.) 
 
 1068. 
 Transportation from other states or 
 communities. 43 L.R.A.(N.S.) 
 1068. 
 Regulation as to milch cattle. 43 
 
 L.R.A.(N.S.) 1072. 
 Tuberculin test. 43 L.R.A. ( N.S. > 
 
 1072. 
 Quarantine. 43 L.R.A. (N.S.) 1074. 
 As to power to establish quaran- 
 tines. 43 L.R.A.(N.S.) 1074. 
 As to unauthorized quarantines. 
 
 43 L.R.A. (N.S.) 1074.' 
 As to conclusiveness of official 
 findings. 43 L.R.A. (N.S.) 
 1076. 
 
 Begin with tliis ftooJc on every law question. 
 
INDEX TO NOTES. 
 
 21 
 
 ANIMALS, TI. s— cont'd. 
 
 Killing diseased animals. 43 L.K.A. 
 
 (N.S.) 1076. 
 Liability of officers. 43 L.R^.(N.S.) 
 
 1077. 
 Liability for violation of the statute. 
 
 43 L.R.A.(N.S.) 1077. 
 Miscellaneous. 43 L.E.A.(N.S.) 1078. 
 Liability of live stock inspectors. L.K.A. 
 1915B, 1013. 
 
 /. Regulations concerning; license and 
 tax laws. 
 
 § 18. Regulations generally. 
 
 Validity and construction of statutory 
 regulations as to infected animals. 
 43 L.E.A.(N.S.) 1066. 
 
 ///. Cruelty to, 
 
 § 23. Generally. 
 
 Constitutionality of statute or ordinance for 
 prevention of cruelty to. L.R.A.1916A, 
 951. 
 
 ANNUITY. 
 
 § 1. Generally. 
 
 Basis and method of computing value of, 
 for purposes of succession tax. 46 
 L.R.A.(N.S.) 714. 
 
 ANNULMENT. 
 
 Of award of arbiters, see Aebitbation, § 6, 
 Of marriage, see Mabbtage, V. 
 
 ANTECEDENT INDEBTEDNESS. 
 
 As consideration for contract, see CoN- 
 TBACTS, § 10. 
 
 May a corporation issue stocks or bonds in 
 payment of or as security for, under 
 statute prohibiting the issue except for 
 money, labor done, or property actually 
 received. L.R.A.1916E, 570. 
 
 ♦-»♦ 
 
 ANTENUPTIAL FRAUD. 
 
 See Husband and Wife, § 43a. 
 
 *—¥ 
 
 ANTENUPTIAL PREGNANCY. 
 
 As a ground for divorce or annulment of 
 marriage. L.R.A.1916E, 650. 
 
 ANTI-TRUST ACTS. 
 
 See Monopoly and Combinations. 
 
 •-•-♦ 
 
 APARTMENTS. 
 
 Apartment house as violation of restric- 
 tive covenants. 45 L.R.A.(N.S.) 726. 
 Consult also L.R.A. Digests to date. 
 
 Lien of one other than innkeeper or board- 
 ing-house keeper who rents rooms or 
 apartments. L.R.A.1915F, 665. 
 
 APOPLEXY. 
 
 As affecting testamentary capacity. 
 1916A, 462. 
 
 L.R.A. 
 
 ♦ »» 
 
 APOTHECARIES. 
 
 See Dkugs and DBtraaisrs. 
 
 « « > 
 
 APPARENT OWNERSHIP. 
 
 Estoppel of one who permits title of real 
 property to stand in another's name, to 
 assert title as against latter's creditors. 
 46 L.R.A.(N.S.) 1097. 
 
 §S 
 
 §§ 
 
 APPEAL AND ERROR. 
 
 I. Bight of appeal, §§ 1, 2. 
 II. Modes of review, § 3. 
 III. Appellate jurisdiction, §§ 4^6. 
 IT. Transfer of cause; parties, §§ 7— 
 17. 
 a. Bight to transfer, §§ 7— 8a. 
 6. Effect, §§ 9-11. 
 
 e. Time for talcing appeal, §§ 
 
 14=, IS. 
 
 f. Seaurity, §§ 16, 17. 
 T. Record, §§ IS— 23a. 
 
 TI. Objections and exceptions, 
 24, 24a. 
 Til. Dismissal; abatement, § 25. 
 Till. Hearing and determination, 
 26-40. 
 a. In general, §§ 26-34. 
 6. What errors warrant rever- 
 sal, §§ 35-40. 
 IX. Judgment on appeal, §§ 41— 44a. 
 
 a. In general, § 41. 
 
 b. Costs, § 42. 
 
 c. Effect of decision; subse- 
 
 quent proceedings, §§ 43— 
 44a. 
 XI. Liability on appeal bond, § 46. 
 
 Constitutionality of statute as to, see Con- 
 stitutional Law, § 148. 
 As to bill of review, see Review. 
 
 /. Bight of appeal. 
 
 g 1. Generally. 
 
 From tax assessment, see Taxes, § 59c. 
 
 Appeal from award of arbitrators under 
 workmen's compensation act. L.R.A. 
 1916A, 178. 
 
 Provision in workmen's compensation act 
 as to appeals in Scotland, where an 
 action is raised independently of the 
 act. L.R.A.1916A, 127. 
 
22 
 
 INDEX TO NOTES. 
 
 APPEAL AND ERROR, l.~confd. 
 From mandate of court requiring submis- 
 sion of question by initiative- petition. 
 50 L.R.A.(N.S.) 218. 
 Dissolution of preliminary injunction as 
 affecting right to punish for contempt 
 for its violation pending appeal. 51 
 L.R.A.(N.S.) 972. 
 Validity of contract not to appeal from 
 decree of divorce. 44 L.R.A. (N.S.) 
 386. 
 Constitutionality of statute denying right 
 of appeal from decision in certain 
 classes of cases. 44 L.R.A.'(N.S.) 
 1209. 
 Effect of failure to provide for appeal. 
 
 44 L.R.A. (N.S.) 1210. 
 Right of appeal dependent upon 
 amount. 44 L.R.A. (N.S.) 1211. 
 
 § 2. Criminal cases. 
 
 Right of state to appeal, see infra, § 7a. 
 
 II. Modes of review, 
 
 § 3. Generally. 
 
 Under the Torrens Law. L.R.A.1916D, 49. 
 
 ///. Appellate jurisdiction. 
 
 § 6. Jurisdictional amount. 
 
 Riglit of legislature to deny right of appeal 
 where amount involved does not ex- 
 ceed designated amount. 44 L.R.A. 
 (N.S.) 1209. 
 
 IT. Transfer of cause; parties, 
 a. Right to transfer, 
 
 § 7. Who entitled to. 
 
 Under the Torrens Lavr. L.R.A.1916D, 49. 
 Right of surviving party to appeal from de- 
 cree of divorce. 44 L.R.A. (N.S.) 505. 
 Right of receiver to appeal. L.R.A.1915D, 
 802. 
 Orders not affecting receiver personally. 
 L.R.A.1915D, 802. 
 Right to appeal in general. L.R.A. 
 
 1915D, 802. 
 Receiver as representative of cred- 
 itors and others interested in 
 the property. L.R.A.1915D, 
 805. 
 Receiver as mere officer of court. 
 L.R.A.1915D, 807. 
 Orders affecting receiver personally. 
 L.R.A.1915D, 808. 
 Compensation and settlement of 
 
 accounts. L.R.A.1915D, 808. 
 Removal. L.R.A.1915D, 8,09. • 
 Necessity for leave of court. L.R.A. 
 
 1915D, 810. 
 Effect of allov?ance of appeal. L.R.A. 
 
 1915D, 811. 
 Dismissal of appeal by court on its own 
 
 motion. L.R.A.1915D, 811. 
 Miscellaneous. L.R.A.1915D, 811. 
 
 § 7a. — right of state to appeal in 
 criminal case. 
 
 Constitutionality of statute giving state 
 right to appeal in criminal case. Ij.R.A. 
 1915r, 1093. 
 
 Begin with this tooTc on every law question. 
 
 APPEAL AND ERROR, TV. a.— cont'd. 
 § 8. liOss or iraiver of right. 
 
 Waiver of right to appeal by taking ad- 
 vantage of judgment or order appealed 
 from in another direction. L.R.A. 
 1916E, 894. 
 
 b. Effect, 
 
 § 9. Generally. 
 
 Pendency of appeal or error as affecting; 
 running of statute of limitations^ 
 against an action for malicious prosecu- 
 tion. 43 L.R.A.(N.S.)611. 
 
 Right to damages for detention of property 
 pending appeal in replevin. 52 L.R.A. 
 (N.S.) 1199. 
 
 Appeal as affecting decree for permanent 
 alimony. L.R.A.1915B, 1071. 
 
 Right upon appeal to dismiss condemnation 
 proceedings after confirmation of award 
 or after judgment, L.R.A.1916C, 648. 
 
 Right to bail pending appeal in attempt to- 
 avoid body execution. L.R.A.] 915E, 
 340. 
 
 Right to release pending appeal from con- 
 viction upon taking pauper's oath. 
 L.R.A.1916F, 106. 
 
 § 10. Subsequent proceedings below 
 or in other inferior courts. 
 
 Jurisdiction to award temporary alimony, 
 suit money and counsel fees pending- 
 appeal in a divorce suit. L.R.A.1916F,, 
 1259. 
 
 e. Time for talcing appeal. 
 
 § 14. Generally. 
 
 Statute changing time allowed for appeali 
 or writ of error as affecting pending, 
 action. 51 L.R.A. (N.S.) 760. 
 
 Under the Torrens Law. L.R.A.1916D, 49. 
 
 /. Security. 
 
 §16. Generally. 
 
 Liability on bond, see infra, XI. 
 
 Liability of clerk of court in accepting in- 
 suflicient appeal bond. 44 L.R.A.. 
 (N.S.) 175. 
 Premature executing of appeal bond. 44 
 
 L.R.A. (N.S.) 1144. 
 Before rendition or entry of order or 
 
 judgment appealed from. 44 
 
 L.R.A.(N.S.) 1145. 
 Before service of notice of appeal, etc. 
 
 44 L.R.A.(N.S.) 1146. 
 
 V. Record. 
 
 §18. Generally. 
 
 Disposition of appeal, or motion f<ir new 
 trial, where without fault of appel- 
 lant the record is lost or incom- 
 plete. L.R.A.1915B, 353. 
 Loss of evidence. L.R.A. 1915B, 353. 
 Loss of papers. L.R.A. 1915B, 353. 
 Loss of charge to jury. L.R.A.1915B, 
 354. 
 Duty to have lost papers supplied- 
 L.E.A.1915B, 354. 
 
INDEX TO NOTES. 
 
 23 
 
 APPEAL AND ERROR, Y— cont'd. 
 
 Bills of exception or statement of facts. 
 L.R.A.1915B, 355. 
 
 Death or default of official stenograph- 
 er. L.R.A.1915B, 356. 
 
 § 21. Amendment. 
 
 Amendment of pleadings in appellate court 
 to conform to proof. L.R.A.1916D, 
 841. 
 General rules and their limitations. 
 L.R.A.1916D, 842. 
 Power of appellate court as to 
 amendments. L.R.A.1916D, 
 
 842. 
 Rule allowing amendments. L.R.A. 
 
 1910D, 843. 
 Limitations of rule, in general. 
 
 L.R.A.1916D, 849. 
 Objections erroneously overruled in 
 lower court. L.R.A.1916D, 
 854. 
 Not affecting merits. L.R.A. 
 1916D, 858. 
 Amendments to reverse judgment. 
 L.E.A.1916D, 861. 
 Applications. L.R.A.1916D, 862. 
 
 Recovery exceeding amount 
 claimed. L.R.A.1916D, 877. 
 
 TI. Objections and exceptions. 
 
 § 24a. Time and place of taking. 
 
 When objection must be made to consump- 
 tion of liquor by jury. L.R.A.1915C, 
 318. 
 
 Til. Dismissal; ahatement. 
 
 § 25. Generally. 
 
 Dismissal of appeal from decree in divorce 
 suit for failure to . comply with order 
 for payment of temporary alimony, 
 suit money or counsel fees. 51 L.R.A. 
 (N.S.) 1119. 
 
 Dismissal by court on its own motion of 
 appeal by receiver not entitled to ap- 
 peal. L.R.A.1915D, Sll. 
 
 Dismissal of appeal where without fault of 
 appellant the record is lost or incom- 
 plete. L.R.A.1915B, 353. 
 
 Abandonment or dismissal of appeal as a 
 breach of the condition of an appeal 
 bond. L.R.A.1915A, 839. 
 
 Effect of war on appeal in suit in which 
 alien enemy is a party. 5 B. R. C. 589. 
 
 VIII. Hearing and determination, 
 a. In general. 
 
 § 26. Trial de novo. 
 
 Trial de novo on appeal to court from de- 
 cision of railroad commission. 49 
 L.R.A. (N.S.) 572. 
 
 Eight of garnishee on trial de novo on ap- 
 peal to attack judgment against prin- 
 cipal defendant for lack of jurisdiction. 
 51 L.R.A.(N.S.) 599. 
 Consult also L.R.A. Digests to date. 
 
 APPEAL AND ERROR, VIII. a.— cont'd. 
 § 27. Questions reviewable generally. 
 
 Review of ruling on motion for new trial 
 because of reading newspaper aocuunt 
 of trial by juror in criminal case. 4C 
 L.R.A. (N.S.) 745. 
 
 § 28a. Objections as to which party 
 is estopped. 
 
 Right of party who invoked jurisdiction to 
 raise, on appeal, objection of lack 
 of jurisdiction. L.R.A.1916B, 803. 
 Distinguishing cases. L.R.A.191(iJ5, 
 805. 
 Equity jurisdiction as distinguishi'd 
 from that of law courts. 
 L.R.A.1916B, 805. 
 Other distinguishing features. 
 L.R.A.1916B, 806. 
 Adverse holdings. L.R.A.1916B, 806. 
 
 § 29. Discretionary matters. 
 
 Review of ruling on motion for new trial 
 because of reading of newspaper ac- 
 count of trial by juror in criminal case. 
 46 L.R.A. (N.S.) 745. 
 
 As to granting new trial because of con- 
 sumption of liquor by jury. L.R.A 
 1915C, 318. 
 
 § 29a. Questions not raised beloTv. 
 
 Raising defense of statute of frauds for first 
 time on appeal. 49 L.R.A. (N.S.) 29. 
 
 Raising objection of duplicity in indictment 
 for first time on appeal. 49 L.R.A. 
 (N.S.) 457. 
 
 Right of garnishee to raise question of in- 
 validity of judgment against principal 
 defendant for lack of jurisdiction for 
 first time on appeal. 51 L.R.A. (N.S.) 
 600. 
 
 § 30. Errors waived below. 
 
 Taking steps to contest the cause on the 
 merits after a special appearance, as 
 waiver of objections to jurisdiction over 
 person. L.R.A.1916E, 1082. 
 
 § 31. Review of facts. 
 
 Right of appellate court to set aside finding 
 of jury on the ground that it is con- 
 trary to scientific principles. L.R.A. 
 1916D, 301. 
 
 Review of findings in action to have written 
 instrument importing an absolute con- 
 veyance declared a mortgage or pledge. 
 L.R.A.] 916B, 563. 
 
 § 32. — inadequacy or ezcessiveness 
 of damages. 
 
 Instances of excessive or inadequate 
 amounts, see Damages, §§ 64, 65a. 
 
 Rules guiding the courts on appeal in de- 
 termining excessiveness or adequacy of 
 verdicts for personal injuries resulting 
 in death. L.R.A.1916C, 810. 
 
 Excessive damages under civil damage net 
 for death through intoxication. L.R.A. 
 1916D, 943. 
 
 § 33. — criminal cases. 
 
 Excessive sentence. 51 L.R.A. (N.S.) 373. 
 
24 
 
 INDEX TO NOTES. 
 
 APPEAL AND ERROR, VIII. a— cont'd. 
 
 b. What errors warrant reversal. 
 
 § 35. As to evidence or Tiritnesses; 
 variance. 
 
 Commitment or holding of witness for con- 
 tempt or perjury during trial as 
 ground for reversal. 43 L.R.A. 
 (N.S.) 844. 
 
 Contempt. 43 L.R.A. (N.S.) 844. 
 
 Perjury. 43 L.R.A. (N.S.) 845. 
 
 § 36. As to instrnctions. 
 
 Prejudicial error in instruction as to rela- 
 tion of doctrine res ipsa loquitur to 
 burden of proof. L.R.A.1916A, 932. 
 
 § 37. Argument or comment by prose- 
 cuting attorney. 
 
 Argument by prosecuting attorney that an 
 acquittal would encourage lynch law as 
 ground for reversal. 51 L.R.A. (N.S.) 
 914. 
 
 § 38. Remarks or conduct of judge. 
 
 Effect of judge communicating with jury 
 not in open court. L.R.A.1915D, 719. 
 
 § 39. As to jury; conduct of trial. 
 
 Effect upon conviction of failure to give 
 accused an opportunity to plead. 45 
 L.R.A.(N.S.) 664. 
 Prejudicial error in examination of jurors 
 as to connection with casualty or in- 
 demnity company in action against one 
 insured or indemnified by such com- 
 pany. L.R.A.1915A, 153. 
 Mistake as to name of juror as ground for 
 
 reversal. 47 L.R.A.(N.S.) 717. 
 Employment of person to watch jury to 
 guard against their being tampered 
 with. 48 L.R.A.(N.S.) 540. 
 Treating jurors as ground for reversal. 49 
 
 L.R.A.(N.S.) 889. 
 Consumption of liquor by jury as ground 
 for new trial or reversal. L.R.A. 
 1915C, 302. 
 Prejudice from use. L.R.A.1915G, 302. 
 Prejudice presumed. L.R.A.1915C, 
 302. 
 Conclusive presumption. L.R.A. 
 
 1915C, 302. 
 Presumption requiring remov- 
 al. L.R.A.1915C, 305. 
 Rule that prejudice must be shown. 
 
 L.R.A.1915C, 307. 
 Facts held to show prejudice. 
 
 L.R.A.1915C, 309. 
 Facts held not to show prejudice. 
 L.R.A.1915C, 312. 
 Discretion of trial court. L.R.A. 1915C, 
 
 317. 
 When objeetion must be made. L.R.A. 
 1915C, 318. 
 Unauthorized view by juror or jury. L.R.A. 
 1915B, 703. 
 
 § 40. As to findings, verdict, or judg- 
 ment. 
 
 Excessive sentence as ground for reversal. 
 51 L.R.A.(N.S.) 381. 
 
 Begin with, this hoole on every Jaw question 
 
 APPEAL AND ERROR— oonfd. 
 
 IX. Judgment on appeal, 
 a. In general. 
 
 § 41. Generally. 
 
 Form and extent of relief in case of exces- 
 sive sentence. 51 L.R.A. (N.S.) 381. 
 Power to limit the issues in granting new 
 trial. L.R.A.1915E, 239. 
 In general. L.R.A.1915E, 240. 
 Particular applications. L.R.A.1915E, 
 248. 
 Liability in general. L.R.A.1915E, 
 
 248. 
 Proximate cause and contributory 
 negligence. L.R.A.1915E, 249. 
 Damages. L.R.A.1915E, 250. 
 Miscellaneous. L.R.A.1915E, 255. 
 
 b. Costa 
 
 § 42. Generally. 
 
 Liability of indemnitor for costs of success- 
 ful appeal by party Indemnified. L.R.A. 
 1915F, 598. 
 
 c. Effect of decision; subsequent pro- 
 ceedings. 
 
 g 43. Generally. 
 
 Reversed conviction as evidence of probable 
 cause defeating action for malicious 
 prosecution. L.R.A.1916F, 196. 
 
 Judgment affirming a nonsuit as the law of 
 the case. 48 L.R.A. (N.S.) 464. 
 
 XI. Liability on appeal bond. 
 
 § 46. Generally. 
 
 Matters as to bond generally, see supra, 
 § 16. 
 
 Compromise or consent to affirmance as 
 affecting liability of surety upon appeal 
 bond. 43 L.R.A.(N.S.) 1040. 
 Liability of sureties on appeal bond where 
 judgment is in favor of one principal 
 and against another. 51 L.R.A. (N.S.) 
 656. 
 Abandonment or dismissal of appeal as a 
 breach of the condition of an ap- 
 peal bond. L.R.A.1915A, 839. 
 Abandonment or dismissal of appeal as 
 affirmance of the judgment. 
 L.R.A.1915A, 839. 
 Failure to perfect appeal or to 
 comply with statutory or oth- 
 er requirement. L.R.A.1915A, 
 844. 
 Abandonment or dismissal of appeal as 
 failure to prosecute or to prosecute 
 with effect. L.R.A.1915A, 845 
 Failure to perfect appeal or to 
 comply with statutory or oth- 
 er requirements. L.R.A. 
 1915A, 846. 
 Breach of condition of bond for pay- 
 ment in case of dismissal of ap- 
 peal. L.R.A.1915A, 849. 
 Extent of liability. L.R.A.1915A, 850. 
 
INDEX TO NOTES. 
 
 25 
 
 APPEAL AND 3RE0R, XI.— cont'd. 
 
 Statutory provisions. L.R.A.1915A, 
 
 851. 
 Miscellaneous. L.R.A.1915A, 853. 
 
 APPEAL BOND. 
 
 See Appeal and Ekeor, §§ 16, 46. 
 
 <»» 
 
 APPEARANCE. 
 
 § 1. Generally. 
 
 Filing bond to secure release of seized prop- 
 erty as an appearance. L.R.A.1916F, 
 587. 
 
 § 2. Effect of. 
 
 Taking steps to contest the cause on the 
 merits 'after a special appearance, 
 as waiver of objections to jurisdic- 
 tion over the person. L.R.A.1916E, 
 1082. 
 
 Jurisdiction not waived. L.R.A.1916E, 
 1082. 
 
 Jurisdiction waived. L.R.A.1916E, 
 1083. 
 
 Acting while question of jurisdiction 
 is pending. L.R.A.1916E, 1084. 
 
 Acting after objections have been sus- 
 tained. L.R.A.1916E, 1085. 
 
 Asking for affirmative relief. L.R.A. 
 1916E, 1085. 
 
 Effect of preserving objections in sub- 
 sequent steps. L.R.A.1916E, 1086. 
 
 APPENDICITIS. 
 
 Effect of, on recovery for negligent injury 
 to person. 48 L.R.A. (N.S.) 97. 
 
 APPLIANCES. 
 
 Master's duty as to safety of, see Master 
 AND Servant, III. a, 6. 
 
 APPLICATION. 
 
 Of deposit, see Banks, § 17. 
 
 For insurance, see Insurance, V. b. 
 
 Of payments, see Patments, V. 
 
 APPOINTMENT. 
 
 Of personal representative, see Executors 
 
 AXD Admikistratoes, II. 
 Of guardian, see Guardian and Ward, II. 
 To office, see Officers, II. c. 
 Of receivers, see Receivers, II. 
 Power of, see Powers. 
 
 Consult also L.R.A. Digests to date. 
 
 APPORTIONMENT. 
 
 § 1. Generally. 
 
 Between insurance companies, see Insur- 
 ance, § 200. 
 
 Effect of ordinance of 1787 upon apportion- 
 ment of state into senatorial and assem- 
 bly districts. 52 L.R.A. (N.S.) 311. 
 
 Apportionment of taxes which covenant in 
 lease requires tenant to pay. L.R.A. 
 1915A, 360. 
 
 § Z. Of income or dividends. 
 
 Eights as between life tenant and remain- 
 derman in dividends or distributions by 
 corporations. 60 L.R.A. (N.S.) 510. 
 
 APPRAISAL. 
 
 Of insurance loss, see Insurance, VIII. b. 
 
 Of valuation of property of public service 
 corporation, see Public Service Corpo- 
 rations, § 5. 
 
 For purpose of succession tax, see Taxes, 
 § 102. 
 
 Estoppel of one acting as appraiser upon 
 sale as property of another, to set up 
 title as against purchaser. 48 L.R.A. 
 
 (N.S.) 758. 
 
 APPROACHES. 
 
 § 1. Generally. 
 
 Duty of carrier as to, see Carriers, §§ 70- 
 
 72. 
 
 Duty of street railway as to condition of 
 approaches to cars. 48 L.R.A. (N.S.) 
 974. 
 
 § 2. To Bridge. 
 
 Liability of county or town for injury by 
 unguarded approach. L.R.A.1915F, 
 975. 
 
 APPROPRIATIONS. 
 
 § 1. Generally. 
 
 Of property for public purpose, see Emi- 
 
 ?s-ENT Domain, §§ 9-23. 
 For what purposes public money may be 
 
 appropriated, see Public Money, § 4. 
 
 § 2. Necessity and requisites of. 
 
 Requisites of appropriation for official 
 salary or expenses. 49 L.R.A. (N.S.) 
 67. 
 
 APPURTENANCES. 
 
 What are articles included in such general 
 terms as appurtenances and the like 
 employed in chattel moi tgage. 40 
 L.R.A.(N.S.) 206. 
 
26 
 
 INDEX TO NOTES. 
 
 ARBITRATION. 
 
 § 1. Generally. 
 
 Of insurance loss, see Insubance, VIII. b. 
 
 Provision for, in workmen's compensation 
 
 act. L.R.A.1916A, 174. 
 Effect of prior arbitration in determining 
 
 compensation to be paid public utility 
 
 company upon taking its plant. 47 
 
 L.R.A.(N.S.) 788. 
 
 § 2. Submission to; agreements for. 
 
 Arbitration agreements, their validity and 
 binding force. 47 L.R.A.(N.S.) 
 .337. 
 Characteristics and qualifications of 
 arbitrations and arbiters. 47 
 L.R.A.(N.S.) 340. 
 Judicial attitude toward arbitrations. 
 
 47 L.R.A.(N.S.) 342. 
 The rules for construing arbitration 
 agreements. 47 L.R.A.(N.S.) 344. 
 Competency of parties to agree to ar- 
 bitrate. 47 L.R.A.(N.S.) 345. 
 Agreements to arbitrate in illegal con- 
 tracts. 47 L.R.A.(N.S.) 346. 
 Oral submissions and awards. 47 L.R.A. 
 
 (N.S.) 346. 
 Submissions of pending lawsuits. 47 
 
 L.R.A.(N.S.) 347. 
 Arbitrations of present disputes. 47 
 
 L.R.A. (N.S.) 348. 
 Ousters of jurisdiction of courts. 47 
 L.R.A. (N.S.) 348. 
 Surrenders of right to sue. 47 
 
 L.R.A.(N.S.) 348. 
 Discriminations among courts. 47 
 
 L.R.A.(N.S.) 351. 
 Direct ousters. 47 L.R.A. (N.S.) 
 
 352. 
 All-embracing agreements. 47 
 
 L.R.A.(N.S.) 354. 
 Independent executory agreements. 
 
 47 L.R.A.(N.S.) 358. 
 
 The applications of the doctrines. 
 
 47 L.R.A.(N.S.) 360. 
 
 Arbitration agreements in courts of 
 
 equity. 47 L.R.A. (N.S.) 364. 
 
 Specific performance. 47 L.R.A. 
 
 (N.S.) 364. 
 Sales at prices to be fixed by ar- 
 bitrators. 47 L.R.A.(N.S.) 
 366. 
 Applications of agreement break- 
 ers for affirmative relief. 47 
 L.R.A.(N.S.) 368. 
 When equity intervenes. 47 L.R.A. 
 (N.S.) 369. 
 Arbitration agreements between part- 
 ners. 47 L.R.A.(N.S.) 373. 
 Controversies beyond the scope of arbi- 
 tration agreements. 47 L.R.A. 
 (N.S.) 376. 
 Incidental arbitration agreements not 
 made conditions precedent to suit. 
 47 L.R.A. (N.S.) 378. 
 Arbitrations of auxiliary and subsid- 
 iary questions. 47 L.R.A. 
 (N.S.) 380. 
 
 ARBITRATION— cont'd. 
 Prices, values, 
 payable, 
 etc. 
 
 amounts 
 quantities, quali- 
 47 L.R.A.(N.S.) 
 
 Begin u'ith this book on every law question. 
 
 ties, 
 381 
 Features. 47 L.R.A. (N.S.) 
 
 381 
 Validity. 47 L.R.A. (N.S.) 
 
 382. 
 Prices and values in sales. 47 
 
 L.R.A.(N.S.) 384. 
 Damages. 47 L.R.A. (N.S.) 
 
 385. 
 Payments contingent on 
 awards. ,47 L.R.A.(N.S.) 
 386. 
 Rents, improvements, etc., in 
 landlord and tenant agree- 
 ments. 47 L.R.A.(N.S.) 
 387. 
 Arbitrations as conditions precedent to 
 litigation. 47 L.R.A. (N.S.) 387. 
 The Pennsylvania doctrines. 47 L.R.A. 
 
 (N.S.) 399. 
 Unperformed arbitration agreements. 
 47 L.R.A.(N.S.) 410. 
 Effect of refusal to perform. 47 
 
 L.R.A.(N.S.) 410. 
 Effect of failure or neglect to ar- 
 bitrate. 47 L.R.A.(N.S.) 412. 
 Omission to malce written request 
 when request in writing is pre- 
 scribed. 47 L.R.A.(N.S.) 414. 
 Effect of phrase, "when appraisal 
 has been required." 47 L.R.A. 
 (N.S.) 416. 
 Effect of mere silen,ce. 47 L.R.A. 
 (N.S.) 417. 
 Necessity for new arbitration after one 
 
 fails. 47 L.R.A.(N.S.) 419. 
 Duty to act in good faith. 47 L.R.A. 
 
 (N.S.) 421. 
 Necessity for an actual controversy. 
 
 47 L.R.A.(N.S.) 423. 
 Waivers. 47 L.R.A. (N.S.) 425. 
 Effect of unconditional denial of all 
 
 liability. 47 L.R.A. (N.S.) 427. 
 Pleadings. 47 L.R.A. (N.S.) 431. 
 Legislation. 47 L.R.A. (N.S.) 432. 
 General effect of statutes regulat- 
 ing arbitrations. 47 L.R.A. 
 (N.S.) 432. 
 Valued policy statutes and total 
 losses by fire. 47 L.R.A. ( N.S. ) 
 433. 
 English and Canadian statutes. 
 47 L.R.A.(N.S.) 436. 
 Conclusion. 47 L.R.A. (N.S.) 447. 
 
 §3. — revocation of submission. 
 
 Right to withdraw from arbitration under 
 a submission by rule or order of 
 court. 43 L.R.A.(N.S.) 711. 
 Construction of statutes providing for 
 submission to arbitration. 43 
 L.R.A. (N.S.) 713. 
 Rule in equity. 43 L.R.A. (N.S.) 713. 
 General right of revocation. 47 L.R.A. 
 
 (N.S.) 400. 
 When stipulated to be irrevocable. 47 
 L.R.A.(N.S.) 402. 
 
INDEX TO NOTES. 
 
 ARBITRATION— cont'd. 
 
 Submiasiona made rules of court. 47 L.E.A. 
 
 (N.S.) 403. 
 Submissions of preliminary and collateral 
 
 questions. 47 L.E.A. (N.S.) 404. 
 Revocability as affected by statute. 47 
 
 L.E.A.(N.S.) 405. 
 Implied revocations. 47 L.E.A.(N.S.) 406. 
 Revocation as affected by the consideration 
 
 for the submission. 47 L.B,A.(N.S.) 
 
 406. 
 
 § 3a. — breach of agreement to arbi- 
 trate. 
 
 Breaches of agreements to arbitrate. 47 
 L.R.A.(N.S.) 408. 
 Eevocation as a breach. 47 L.E.A. 
 
 (N.S.) 408. 
 Eemedy for breach. 47 L.E.A. (N.S.) 
 
 408. 
 Damages. 47 L.E.A. (N.S.) 409. 
 Effect upon character of sum agreed upon 
 for breach of agreement as penalty or 
 liquidated damages, of single or multi- 
 ple stipulations in contract. L.E.A. 
 1916E, 388. 
 
 § 4. Arbitrator; umpire. 
 
 Characteristics and qualifications of arbi- 
 ters. 47 L.R.A.(N.S.) 340. 
 
 Powers and functions of arbitrators under 
 workmen's compensation act. L.E.A. 
 1916A, 177. 
 
 Appointment and remuneration of arbitra- 
 tors under workmen's compensation 
 act. L.R.A.1916A, 111. 
 
 § 5. A^vard. 
 
 Awards after revocations. 47 L.E.A. (N.S.) 
 441. 
 
 Need of unanimity. 47 L.R.A.(N.S.) 442. 
 
 Finality. 47 L.E.A. (N.S.) 442. 
 
 Enforcement. 47 L.E.A. (N.S.) 445. 
 
 Enforcement of awards and agreements 
 under workmen's compensation acts. 
 L.R.A.1916A, 188. 
 
 Effect upon character of sum agreed upon 
 for failure to keep arbitration award, 
 as penalty or liquidated damages of 
 single or multiple stipulations in con- 
 tract. L.R.A.1915E, 388. 
 
 § 6. —relief from; setting aside. 
 
 Appeal from award of arbitrators under 
 workmen's compensation act. L.R.A. 
 1916A, 178. 
 
 Annulling award by arbiters. 47 L.R.A. 
 (N.S.) 445. 
 
 *■*-* 
 
 ARBITRATORS. 
 
 See Arbitration, § 4. 
 
 ♦-•-• 
 
 ARCHITECTS. 
 
 Certifioate of, see Contracts, § 140. 
 Mechanics' lien for services of, see Mechan- 
 ics' Liens, § 13. 
 Consult also L.R.A. Digests to date. 
 
 AECHITECTS— cont'd. 
 
 Waiver by, of stipulation in building con- 
 tract that alterations or extras must be 
 ordered in writing. 48 L.R.A. (N.S.) 
 582, 590, 595. 
 
 Right of architect in plans prepared by him. 
 3 B. E. C. 464. 
 
 Liability of architect or engineer for neg- 
 ligence in issuing certificates. 4 B. 11. 
 C. 859. 
 
 AREAWAYS. 
 
 § 2. Liability as to. 
 
 Liability of landlord to third persons as to. 
 
 50 L.E.A.(N.S.) 305. 
 Municipal liability for injury by. 43 L.E.A. 
 
 (N.S.) 1116. 
 
 ARGARIC. 
 
 Judicial notice of intoxicating character of. 
 48 L.E.A.(N.S.) 316. 
 
 ARGUMENT. 
 
 Of counsel, see Appeal and Error, § 37; 
 Trial, § 15. 
 
 ARMS. 
 
 See Weapons. 
 
 ARMY AND NAVY. 
 
 § 1. Generally. 
 
 As to militia, see Militia. 
 
 Secretary of Navy, see Secretary of Navy. 
 
 Civil and criminal responsibility of soldiers. 
 L.E.A.1915A, 1141. 
 Civil liability. L.R.A.1915A, 1148. 
 
 Acts done in obedience to orde.s. 
 
 L.R.A.1915A, 1148. 
 
 Acts done voluntarily and not in 
 
 obedience to orders. L.R.A. 
 
 1915A, 1157. 
 
 Criminal liability. L.R.A.1915A, 1173. 
 
 Acta done in obedience to orders. 
 
 L.R.A.1915A, 1173. 
 Acts done voluntarily and not in 
 obedience to orders. L.E.A. 
 1915A, 1176. 
 
 ARRAIGNMENT. 
 
 Of one accused of crime, see Criminal Law, 
 IV. c. 
 
28 
 
 INDEX TO NOTES. 
 
 ARREST. 
 
 S 1. Generally. 
 
 Of judgment, see Aeebst of Judgment. 
 Of passenger, see Oakbiebs, III. f. 
 Release from, on bail, see Bail and Recog- 
 nizance. 
 Escape from, see Escape. 
 Reward for, see Reward. 
 
 Swearing out warrant of, as condition pre- 
 cedent to action on burglary insur- 
 ance policy. 46 L.R.A.(N.S.) 567. 
 
 Order of, as condition of right to body 
 execution. L.R.A.1915A, 706. 
 
 Arrest of witness as contempt of court. 
 L.R.A.1915r), 569. 
 
 § 4. How made, rights and powers 
 of person making. 
 
 § 5. — homicide in making. 
 
 Liability of peace officer or his bond for 
 shooting a person while attempting to 
 arrest him. 51 L.R.A.(N.S.) 1179. 
 
 § 6. Liability for making. 
 
 Liability of carrier, see Caeeieb, § 15. 
 
 iJaster's liability for arrest by servant, see 
 Mastee and Seevant, § 173. 
 
 Liability for wrongfully making, general- 
 ly, see False Impeisonment. 
 
 Liability of principal for false arrest by 
 agent authorized to collect a debt. 61 
 L.R.A.(N.S.) 471. 
 
 ARREST OF JUDGMENT. 
 
 In criminal prosecution, see Ceiminal Law, 
 
 § 58. 
 Motion in, see Judgment, § 19. 
 
 ARSON. 
 
 § 1. Generally, 
 
 Evidence of other crimes in prosecution for. 
 L.R.A.1915A, 809. 
 
 § 5. Corpus delicti in. 
 
 Proof of. L.R.A.1916D, 1299. 
 
 What constitutes. L.R.A.i916D, 1299. 
 Necessity for proving. L.R.A.1916D, 
 1299. 
 In connection with confession. 
 L.R.A.1916D, 1299. 
 Character and sufficiency. L.R.A. 
 1916D, 1299. 
 Circumstantial evidence. L.R.A. 
 
 1916D, 1299. - 
 Evidence tending to connect ac- 
 cused. L.R.A.1916D, 1299. 
 Evidence held sufficient. L.R.A. 
 
 1916D, 1300. 
 Evidence held insufficient. L.R.A. 
 1916D, 1301. 
 
 ARTIFICE. 
 
 Voluntariness of confession procured by. 
 50 L.R.A. (N.S.) 1088. 
 
 ARTIFICIAL CHilNNEI-S. 
 
 Duty as to protection of banks of water 
 course diverted into an artificial chan- 
 nel. L.R.A.1916F, 1302. 
 
 Liability for overflow from artificial chan- 
 nel by which a stream is diverted from 
 its natural channel. L.R.A. 1916F, 
 1291. 
 
 ASPORTATION. 
 
 What constitutes, see Lakcent, § 3. 
 
 Begin with this iook on every laiv question. 
 
 ASSAULT AND BATTERY. 
 
 § 1. Generally, 
 
 On passenger, see Caekiees, III. c. 
 Master's liability for assault by servants 
 
 generally, see Master and Servant, § 
 
 172. 
 With intent to commit rape, see Rape. 
 
 Assault on v/itness as contempt of court. 
 
 L.R.A.1915D, 570. 
 Recovery for injury from assault under 
 
 workmen's compensation act. L.R.A. 
 
 1916A, 309. 
 Right of action for, as asset of bankrupt. 
 
 43 L.R.A.(N.S.) 941. 
 Homicide in commission of. 45 L.R.A. 
 
 (N.S.) 219. 
 Liability of surgeon performing surgical 
 
 operation without consent. 50 L.R..'V. 
 
 (N.S.) 880. 
 Former jeopardy in case of. L.R.A. 1915A, 
 
 256. 
 Withdrawal from combat as affecting civil 
 liability for assault. L.R.A.1915C, 
 893. 
 
 Withdrawal by plaintiff. L.R.A.1915C, 
 893. 
 
 Withdrawal by defendant. L.R.A. 
 1915C, 895. 
 
 § 2. AVhat constitntes. 
 
 Striking or frightening animal as assault 
 upon one in control. L.R.A. 1915E, 812. 
 
 § 3. Excuse; justification; defense. 
 
 Assault as affected by beneficent purpose. 
 
 45 L.R.A.(N.S.) 455. 
 Assault to prevent one from taking a child. 
 
 L.E.A.1915A, 73. 
 
 § 4. — consent. 
 
 Implied consent to performance of surgical 
 operation. 50 L.R.A. (N.S.) 880. 
 
INDEX TO NOTES. 
 
 29 
 
 ASSAULT AND BATTERY— coret'rf. 
 § 4a. — self-defense. 
 
 Admissibility of evidence of turbulent and 
 dangerous character of victim of as- 
 sault on issue of self defense. L.R.A. 
 1916A, 1245. 
 
 Civil liability for killing or injuring one 
 person while acting in selfi-defense 
 against a third person. 50 L.E.A.(N.S.) 
 1069. , , 
 
 Right of self-defense against assault pro- 
 voked by abusive language. 51 L.R.A. 
 (N.S.) 838. 
 
 As defense to carrier in action for assault 
 by employee on passenger. L.R.A. 
 1915E, 673. 
 
 Effect of withdrawal from combat on doc- 
 trine of self-defense. L.R.A.1915C, 893. 
 
 % 5. — protecting or recovering pos- 
 session of property. 
 
 Force permissible in resisting or aiding 
 the attempt of public service cor- 
 poration to plant poles, lay tracks, 
 etc. 45 L.R.A.(N.S.) 601. 
 
 Resistance of wrongful entry. 45 
 L.R.A.(N.S.) 601. 
 Resisting seizure of property under process. 
 L.R.A.1916B, 957. 
 
 Officer unlawfully appointed. L.R.A. 
 1916B, 958. 
 
 Under invalid process. L.R.A.1916B, 
 958. 
 
 Unlawful manner of entry. L.R.A. 
 1916B, 958. 
 
 Process against stranger. L.R.A. 1916B, 
 959. 
 
 Exempt property. L.R.A.1916B, 962. 
 T?ight to employ force in retaking property 
 
 sold conditionally. L.R.A.1915F, 673. 
 
 '% 9. Responsibility of one aiding or 
 encouraging another in. 
 
 ■Civil liability of one who encourages an as- 
 sault without physically participat- 
 ing therein. 51 L.R.A. (N.S.) 718. 
 
 Oral encouragement. 51 L.R.A. (N.S.) 
 718. 
 
 Limitations of rule. 61 L.R.A. (N.S.) 
 719. 
 
 § 12. Ckarge of, included in prosecu- 
 tion for homicide. 
 
 'Charge of assault with intent to murder 
 
 included in prosecution for homicide. 
 
 43 L.R.A. (N.S.) 813. 
 ■Charge of assault and battery included in 
 
 prosecution for homicide. 43 L.R.A. 
 
 (N.S.) 813. 
 
 § 13. Evidence om trial for. 
 
 Evidence of other assaults made at about 
 the time of one for which action for 
 damages is brought. 44 L.R.A. (N.S.) 
 1173. 
 
 Admissibility of evidence of turbulent and 
 dangerous character of victim of as- 
 sault on issue of self defense. l^.R.A. 
 1916A, 1245. 
 
 § 14. Damages for. 
 
 ■See Damages, § 52. 
 
 Consult also L.R.A. Diaests to date. 
 
 ASSAULT AND BATTERY— coni'd. 
 §15. Punishment for. 
 
 Enforcing judgment for damages for, by 
 imprisonment. L.R.A.1915B, 646. 
 
 Cruel and unusual punishment for. L.R.A. 
 1915C, 565. 
 
 ASSEMBLAGE. 
 
 Power of municipality to prevent gathering 
 or assembling of persons on street or 
 on sidewalk. 52 L.R.A. (N.S.) 999. 
 
 ASSEMBLE DISTRICTS. 
 
 Effect of ordinan(;e of 1787 upon apportion- 
 ment of state into senatorial and assem- 
 bly districts. 52 L.R.A.(N.S.) 311. 
 
 ASSENT. 
 
 See Consent. 
 
 ASSESSMENT. 
 
 Impairment of obligation of contracts as to, 
 see CoNSTiTtmoNAi. Law, § 32. 
 
 Constitutionality of statutes as to, general- 
 ly, see CoNSTiTTjTioNAi, Law, § 40a. 
 
 Against insured, see Insurance, V. 1. 
 
 For public improvement, see Public Im- 
 provements. 
 
 For taxation, see Taxes, IV. 
 
 ASSETS. 
 
 In case of assignment for creditors, see As- 
 signment FOB Ceeditobs, § 10. 
 Of bankrupt, see Bankeuptct, VII. 
 
 ASSIGNMENT. 
 
 § 1. Generally. 
 
 For creditors, see Assignment for Credi- 
 
 TOBS. 
 
 Of bank deposit, see Banks, § 13. 
 
 Of bills and notes, see Bills and Notes, 
 III. 
 
 Of check, see Checks, § 6. 
 
 Of shares of stock in corporation, see Cor- 
 porations, vni. c. 
 
 Of cotenant's interest, see Cotenancy, IV. 
 
 Of easement, see Easements, § 16. 
 
 Of insurance policy or interest therein, see 
 Insurance, VI. 
 
 Of lease, see Landlord and Tenant, § 36. 
 
 Of mortgage, see Mortgage, V. 
 
 Fraudulent assignments, see Fraudulent 
 Conveyances. 
 
 Pledge of chattels, see Pledge and Collat- 
 eral Security. 
 
 Sale of chattels generally, see Sale. 
 
30 
 
 INDEX TO NOTES. 
 
 ASSIGNMENT— cont'd. 
 Set-off as against assigned claim, see Set- 
 Ofp and Countekclaim, §§ 14, 20. 
 
 Effect of discharge in bankruptcy upon as- 
 signment of Avages to be earned in the 
 future. L.R.A.1916E, 248. 
 
 Parol evidence to vary written assignment 
 in favor of or against a stranger to 
 the contract. L.R.A.1916A, 599, 610. 
 
 g 3. Assignability. 
 
 Assignability of cause of action for breach 
 of warranty on sale of chattel. 51 
 L.R.A.(N.S.) 1114. 
 
 Of right to file bill in equity. L.R.A.1916E, 
 73. 
 
 § 4. — of contract. 
 
 Of insurance policy, see Insurance, VI. a. 
 
 Eight of agent to transfer his authority or 
 contract to a corporation organized by 
 him. L.R.A.1916F, 89. 
 Assignability of a subscription to stock or 
 contract to purchase stock from the 
 corporation. 43 L.R.A.(N.S.) 790. 
 Assignability of option to purchase prop- 
 erty. 43 L.R.A.(N.S.) 115. 
 Right of personal representative or 
 heir of optionee. 43 L.R.A.(N.S.) 
 118. 
 
 g 5. ^ of cause of action for tort. 
 
 Assignability of cause of action for death. 
 45 L.R.'A.(N.S.) 1098. 
 
 § 6. — of future earnings or interest. 
 
 Of future wages, see Master and Servant, 
 § 28. 
 
 § 8. Equitable assignment. 
 
 Discharge of debt in bankruptcy as affecting 
 equitable assignment to secure same. 
 43 L.E.A.(N.S.) 404. 
 
 § 9. Validity. 
 
 Validity of assignment of debt as affected 
 by nature of consideration, or by as- 
 signee's ulterior purpose. 5 B. R. C. 
 611. . 
 
 § lO. Validity of provision against 
 assignment. 
 
 Constitutionality of statutes restricting the 
 right to assign salary or wages. 43 
 L.R.A.(N.S.) 746. 
 
 § 11. Effect of. 
 
 Effect of assignment of surplus of gar- 
 nished fund, to defeat a subsequent 
 garnishment. 5 B. R. C. 450. 
 
 Garnishment .or money due or to become 
 due under a contract the proceeds of 
 which have been assigned by the debt- 
 or prior to the garnishment. L.R.A. 
 1916D, 365. 
 
 Effect of assignment of security on right of 
 obligee to be subrogated to security 
 held by surety. L.R.A.1916C, 1082. 
 
 § 12. Rights and liabilities of parties. 
 
 Rights of assignee of mortgage, see Mort- 
 gage, § SO. 
 
 A SSIGNMENT— cont'd. 
 
 Right of receiver to take property from pos- 
 session of assignee. 47 L.R.A. (X.S.) 749. 
 
 Effect on assignee of lessor or lessee of 
 contract exempting railroad company 
 from liability for burning building upon 
 its right of way. 44 L.R.A. (N.S.) 1131. 
 
 Revival of, or subrogation to, discharged 
 mortgage in favor of assignee of equity 
 of redemption who pays it as against 
 junior lien. 47 L.R.A. (N.S.) 1190. 
 
 Liability for rent of leasehold after assign- 
 ment of lease. 52 L.R.A. (N.S.) 968. 
 
 Rights and liabilities of assignee of bill of 
 lading with draft attached, as against 
 consignee who does not get the goods 
 or finds them defective. 52 L.R.A. 
 (N.S.) 241. 
 
 § 13. Priorities. 
 
 Effect of assignment of surplus of gar- 
 nished fund to defeat a subsequent gar- 
 nishment. 5 B. R. C. 450. 
 
 Priority between one garnishing money due 
 or to become due under a contract and 
 an assignee of the proceeds of the con- 
 tract assigned prior to the garnish- 
 ment. L.R.A.1916D, 365. 
 
 Priority of garnishment over prior assign- 
 ment as affected by notice or lack of 
 notice. L.R.A.1916E, 81. 
 
 § 15. Actions. 
 
 Assignment as ground of action. 47 L.R.A. 
 (N.S.) 689. 
 
 Begin ivitli this boofc on every Jaw question. 
 
 ASSIGNMENT FOR CREDITORS. 
 
 /. In general, §§ 1—6. 
 III. Effect of, §§ 8-10. 
 IV. Rights and duties of assignee, §§ 
 11-13. 
 r. Validity, §14:. 
 VI. Preferences and priorities, §§ 15— 
 11. 
 VII. Rights and duties of creditors, § 
 18. 
 
 I. In general. 
 
 § 1. Generally. 
 
 As to bankruptcy, see Bankbuptct. 
 As to insolvency, see Insolvency. 
 
 ///. Effect of. 
 
 § lO. Wbat passes by; assets. 
 
 Life insvirance as assets of bankrupt. 46 
 L.R.A.(N.S.) 148. 
 
 IV. Rights and duties of assignee. 
 
 g 11. Generally. 
 
 Right of assignee for creditors to notice 
 to redeem from tax sale. 44 L.R.A. 
 (N.S.) 668. 
 
 Eight of lessor as against assignee for cred- 
 itors of lessee to declare forfeiture for 
 breach of conditions or covenants prior 
 to appointment. L.R.A.1915B, 998. 
 
INDEX TO NOTES. 
 
 31 
 
 ASSIGNMENT FOR CREDITORS, IV.— 
 
 oont'd. 
 
 § 12. Actions by assignee. 
 
 To enforce stockholders' liability, see COK- 
 POEATIONS, § 116a. 
 
 V. ralidity. 
 
 § 14a. Effect ef provision for release. 
 
 The rule in general. 50 L.R.A.(N.S.) 715. 
 As to nonassenting creditors. 50 L.R.A. 
 (N.S.) 715. 
 Majority rule. 50 L.R.A. (N.S.) 
 
 715. 
 Minority rule. 50 L.R.A. (N.S.) 
 721. 
 As to assenting creditors and other 
 parties. 50 L.R.A. (N.S.) 727. 
 As a condition of preference. 50 L.R.A. 
 
 (N.S.) 730. 
 Release given prior to or with assignment. 
 
 50 L.R.A.(N.S.) 733. 
 Assignment of part only of property. 50 
 L.R.A.(N.S.) 734. 
 By partnerships. 50 L.R.A. (N.S.) 738. 
 Effect of debtor's relinquishment of benefit 
 of release clause of execution of ne\^ 
 assignment. 50 L.R.A. (N.S.) 743. 
 Time for assent and execution of release. 
 50 L.R.A.(N.S.) 744. 
 Rule that assignment must fix time. 
 
 50 L.R.A.(N.S.) 744. 
 Reasonableness of time. 50 L.R.A. 
 
 (N.S.) 744. 
 Execution of release after time fixed 
 or after payment of dividend. 50 
 L.R.A.(N.S.) 745. 
 Construction of particular provisions of 
 assignments or of statutes. 50 L.R.A. 
 (N.S.) 746. 
 Miscellaneous. 50 L.R.A. (N.S.) 750. 
 
 TI. Preferences and priorities. 
 
 § 15. Preferences by debtor. 
 
 Preferences by insolvent generally, see In- 
 solvency, § 3. 
 
 Law determining validity of preference 
 L.R.A.1916A, 1041. 
 
 g 17. Claims entitled to priority. 
 
 Against insolvent estate generally, see In- 
 SOLVENCT, IV. 
 
 Til. Rights and duties of creditors. 
 
 § 18. Generally. 
 
 When may local venue for suit against as- 
 signee for benefit of creditors joined 
 with suit against debtor, be disregard- 
 ed upon the ground that the action is 
 ancillary or incidental. L.R.A. 1916D, 
 1135. 
 
 ASSISTANCE. 
 
 To passenger, see Carriers, § 68. 
 
 Issuance of writ of assistance to put pur- 
 chaser at execution sale in possession. 
 52 L.R.A.(N.S.) 697. 
 Consult also L.R.A. Digests to date. 
 
 ASSISTANTS. 
 
 To prosecuting attorney, see Distbict ami 
 Prosecuting Attorneys, § 2. 
 
 Does privilege as to communication to or 
 information acquired by physician ex- 
 tend to assistant physician. L.R.A. 
 1915F, 891. 
 
 ASSOCIATE. 
 
 § 2. Associate counsel. 
 
 Right of accused to complain because prose- 
 cution is conducted or assisted by un- 
 official member of the bar. 47 L.R.A. 
 (N.S.) 1106. 
 
 ASSOCIATE COUNSEL. 
 
 See Associate, § 2. 
 
 < « » 
 
 ASSOCIATIONS. 
 
 g 1. Generally. 
 
 Benevolent associations, see Benevolent So- 
 cieties. 
 
 As to clubs, see Clubs. 
 
 For purposes of insurance, see Insurance, 
 II. 
 
 Labor organizations, see Labor Organiza- 
 tions. 
 
 Religious societies, see Religious Societies. 
 
 Validity of contracts with, or as to, see 
 Contracts, § 93. 
 
 Jurisdiction over, see Courts, § 11. 
 
 Restriction on power to take under will, 
 see Wills, §§ 72, 73. 
 
 Right of benevolent, fraternal, or social 
 order to protection against use of 
 name, insignia, ritual, etc., by an- 
 other organization. L.R.A .1915B, 
 1074. 
 Enjoining use of name. L.R.A. 1915B, 
 * 1074. 
 
 Not limited to pecuniary bodies. 
 
 L.R.A.1915B, 1076. 
 Efl'ect of incorporation. L.R.A. 
 
 191.5B, 1077. 
 Laches. L.R.A.1915B, 1078. 
 Refusal of charter. L.R.A.1915B, 1078. 
 Nature and similarity of names, 
 badges, etc. L.R.A.1915B, 1081. 
 
 § 3. Members. 
 
 In benevolent society, see Benevolent So- 
 cieties, § 3a; Insurance, § 105. 
 
 Acquittal in criminal court as bar to ex- 
 pulsion of member of association for 
 same acts. 50 L.R.A. (N.S.) 579. 
 
 Forbidding student's affiliation with secret 
 society. L.R.A.1915D, 588. 
 
32 
 
 INDEX TO NOTES. 
 
 ASSIIMED NAME. 
 See Name, § 8. 
 
 ASSUMPSIT. 
 
 I. In general, § 1. 
 II. Recovery back of money paid, §§ 
 3-10. 
 
 I. In general. 
 
 % 1. Generally. 
 
 Right to sue on contract with third persons 
 generally, see Pabties, II. b, 2. 
 
 Necessity of pleading statute of frauds in 
 
 action of assumpsit. 49 L.E.A. (N.S.) 
 
 43. 
 Right of mortgagor or owner of equity of 
 redemption to maintain action for 
 money had and received for sur- 
 plus received by mortgagee on sale 
 of property. 44 L.R.A.(N.S.) 1041. 
 
 Illustrations. 44 L.R.A.{N.S.) 1043. 
 
 Where mortgagee bids in property. 44 
 L.E.A.(N.S.) 1043. 
 
 Where mortgage is by tenants in com- 
 mon. 44 L.R.A.(N.S.) 1044. 
 
 Actions between others than the origi- 
 nal parties to the mortgage. 44 
 L.R.A.(N.S.) 1044. 
 
 Mortgagee's leniency to purchaser. 44 
 L.R.A.(N.S.) 1046. 
 
 II. Recovery •'back, of money paid. 
 
 § Z. Generally. 
 
 Recovery back of money paid out by bank, 
 
 see' Banks, §§ 28, 29. 
 Recovery back of insurance premiums or 
 
 assessments, see iNStTBANOE, V. 1, 3. 
 Protest as condition, see Pbotest, § 3. 
 Recovery back of purchase money, see Sale, 
 
 § 52. 
 
 Right to recover back tax voluntarily re- 
 funded. 45 L.R.A.(N.S.) 753. 
 
 Right of drawer of forged check or draft to 
 recover money paid thereon. L.E.A. 
 1915A, 77. 
 
 § 3. For money paid under mistake. 
 
 Right to recover back license fee paid under 
 mistake of law. 49 L.R.A. ( N.S. ) 387. 
 
 Right to recover back money paid under a 
 mistake, where the money was legally 
 collectable at the time of payment. 
 L.R.A.1916F, 538. 
 
 § 4. For money paid under compul- 
 sion. 
 
 Recovery by member of labor union of un- 
 lawful fine paid under duress. 45 
 L.E.A.(N.S.) 355. 
 
 Right to recover back license fee unlaw- 
 fully exacted under color of authority. 
 49 L.R.A.(N.S.) 387. 
 
 Money paid under duress of real property 
 L.R.A.1915B, 498. 
 
 ASSUMPSIT, n.— cont'd. 
 § 5. In case of fraud. 
 
 See Fraud and Deceit, § 39. 
 
 § 6. Recovery from agent or attor- 
 ney. 
 
 When statute of limitations begins to run 
 against action to recover money col- 
 lected by attorney. 51 L.R.A. (N.S.) 
 279. 
 
 Right of third person to recover from agent 
 money paid him for his principal. 
 L.R.A.1916D, 1041. 
 
 § 8. Recovery from public or officer. 
 
 Recovery back of taxes paid, see Taxes, 
 § 86. 
 
 Right to withdraw bid for public contract 
 and recover deposit. L.R.A.1915A, 225. 
 
 § 9. — license fees. 
 
 Fee for liquor license, see Intoxicatino 
 lilQTJOES, § 16. 
 
 Right to recover back license fee unlawfully 
 exacted under color of authority. 
 
 , 49 L.R.A.(N.S.) 387. 
 
 Voluntariness of payment of license fee 
 unlawfully exacted under color of 
 authority. 49 L.R.A. (N.S.) 388. 
 
 ASSUMPTION OF DEBTS. 
 
 Of mortgage, see Mobtgage, IV. 
 On dissolution of partnership, see Pabineb- 
 ship, § 37. 
 
 ♦ «» 
 
 ASSUMPTION OF RISK. 
 
 By servant, see Mastbb and Sbbvant, III. b. 
 
 ASTROLOGY. 
 
 Prohibition of fortune telling by. 
 (N.S.) 203. 
 
 43 L.R.A. 
 
 ASYLUM. 
 
 For insane, see Insane Asylum. 
 See also Exteadition. 
 
 ATTACHMENT. 
 
 Begin with this book on every law question. 
 
 I. In general, § 1. 
 II. WJien lies, §§ 3—6. 
 HI. Effect; lien; priority, S§ 1—9. 
 IV. Procedure, §§ 10—30. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Conflict of laws as to, see Conflict of 
 Laws, § 40. 
 
INDEX TO NOTES. 
 
 33 
 
 ATTACHMENT, l.—cont'J. 
 Levy of, see Levy and Seizure. 
 Exemption from, see Exemptions. 
 As to garnishment, see Garnishment. 
 Liability for wrongful attachment, see Levy 
 
 AND Seiztjke, §§ 10-15; Malicious 
 
 Prosecution. 
 
 When statute begins to run against action 
 by private person based on breach of 
 duty by public officer in connection 
 with attachment. 52 L.R.A.(N.S.) 707. 
 
 Liability of judicial officer for issuing. 44 
 L.R.A.(N.S.) 172. 
 
 Against state officer, as suit against the 
 state. 44 L.R.A.(N.S.) 218. 
 
 Loss of profits as element of damages for 
 wrongful attachment. 46 L.E.A. (N.S.) 
 470. 
 
 //. When lies. 
 
 % 4. In case of nonresidenoe. 
 
 Attachment proceeding against alien enemy. 
 
 5 B. R. C. 597. 
 What is nonresidence for the purpose of 
 attachment. L.E.A.1915A, 400. 
 As affected by the genei-al purpose of 
 
 the statute. L.R.A.1915A, 401. 
 Distinction between "residence" and 
 
 "domicil." L.R.A.1915A, 406. 
 Indicia of residence. L.R.A.1915A, 411. 
 Duration of stay and intention of 
 
 debtor. L.R.A.1915A, 411. 
 Purpose of stay. L.R.A.1915A, 
 415. 
 Distinction between "residence" and 
 "place of business." L.R.A.1915A, 
 419. 
 
 % 5. Against foreign corporation. 
 
 Liability of foreign corporation which has 
 complied with conditions of doing busi- 
 ness in state to attachment as nonresi- 
 dent. L.R.A.1915D, 116. 
 
 ///. Effect; lien; priority. 
 
 -§ 7. Effect of, generally. 
 
 Loss of lien by issuing, see Liens, § 19. 
 
 Effect of attachment to change character of 
 action set forth in complaint. 50 L.R.A. 
 (N.S.) 32. 
 
 Waiver of lien of chattel mortgage by at- 
 tachment. 51 L.R.A.(N.S.) 1068. 
 
 '§ 8. Priorities. 
 
 Priority as between true owner and attach- 
 ment creditors of one in whose name he 
 has placed stock on the books of the 
 corporation. 49 L.R.A.(N.S.) 1159. 
 
 IV. Procedure. 
 
 fi 10. Generally. 
 
 Right to break and enter dwelling to serve 
 writ of attachment. L.R.A.1916D, 283. 
 
 § 11. Jurisdiction. 
 
 Jurisdiction of actions, aided by attachment, 
 against a resident of the state. 49 
 L.R.A.(N.S.) 548. 
 
 § 17. Bond; damages for wrongful 
 attachment. 
 
 I'iling bond to secure release of property 
 
 as an appearance. L.R.A.1916F, 587. 
 
 Consult also L.R.A. Digests to date. 
 
 ATTACHMENT, IV.—cpnt'd. 
 
 Effect of bond or receipt given to' secure 
 surrender of property by officer as an 
 estoppel after it has been returned to 
 officer. L.R.A.1916F, 942. 
 
 Loss of profits as element of damages for 
 wrongful attachment. 46 L.R.A. (N.S.) 
 470. 
 
 Liability of sureties on attachment bond 
 where judgment is in favor of one prin- 
 cipal and against another. 51 .L.R.A. 
 (N.S.) 659. 
 
 § 18. Dissolution; abatement; termi- 
 nation. 
 
 Nonownership of attached property as 
 ground for dissolution. 47 L.R.A. 
 (N.S.) 1127. 
 Attachment not relied on as basis of 
 jurisdiction. 47 L.R.A. (N.S.) 1127. 
 Attachment relied on as basis of juris- 
 diction. 47 L.R.A.(N.S.) 1]28. 
 For judgmeni in personam. 47 
 
 L.R.A.(N.S.) 1128. 
 For judgment in rem. 47 L.R.A. 
 (N.S.) 1131. 
 Motion to quash attachment as e-xtendinj; 
 time to plead. 47 L.R.A. (N.S.) 856. 
 
 ATTAINDER. 
 
 Effect of forfeiture of property by attainder 
 on rights of Innocent persons therein. 
 L.R.A.1916E, 344. 
 
 ATTEMPT. 
 
 To commit crime, see Criminal Law, §§ 16, 
 17. 
 
 Unsuccessful attempt to collect premium as 
 waiver of forfeiture. 44 L.R.A. (N.S.) 
 371. 
 
 ATTENDANTS. 
 
 Liability for negligence of attendants fur- 
 nished by relief department toward 
 which employees contribute. 48 L.R.A. 
 (N.S.) 531. 
 
 ATTESTATION. 
 
 Of will, see Wnxs, §§ 26-32. 
 
 Estoppel of one attesting conveyance to set 
 up his own title to the property as 
 against third persons. 48 L.R.A. (N.S.) 
 
 758. 
 
 ATTESTING W^ITNESS. 
 
 To will, see Wills, §§ 24, 26, 28. 
 
34 
 
 INDEX TO NOTES. 
 
 ATTORNEY GENERAL. 
 
 Power to dismiss prosecution, see Criminal 
 Law, § 40. ' 
 
 Power of courts to enforce ministerial 
 duties of. 52 L.R.A.jN.S.) 442. 
 
 Suit against, as suit against the state. 44 
 L.R.A.(N.S.) 196. 
 
 ATTORNEYS. 
 
 /. In general, § 1. 
 II. Relation to court and puMic, § § 2— 
 6. 
 III. Relation to client, §§ 1—22. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Privileged communications to, see Evi- 
 dence, § 222. 
 Argument of, during trial, see Trial, II. e. 
 
 Effect of advice of attorney on personal 
 liability of a trustee for losses to trust 
 estate from investments. 44 L.II.A. 
 (N.S.) 978. 
 
 Right of attorney to testify in his own be- 
 half or in behalf of client. 49 L.R.A. 
 (N.S.) 422. 
 
 Is imputation of insolvency against lawyer 
 actionable per se. 3 S. R. C. 61. 
 
 Privilege of defamatory statement made by 
 one attorney concerning another in 
 course of judicial proceedings. L.R.A. 
 1916E, 782. 
 
 II. Relation to court and public. 
 
 § 2. Generally. 
 
 Champertous contracts, see infra, § 21. 
 What constitutes contempt by, see Con- 
 tempt, II. 
 
 § 4. Disbarment; suspension. 
 
 Constitutionality of statutes relating to 
 disbarment of attorneys. 44 L.R.A. 
 (N.S.) 1195. 
 
 Disbarment as cruel and unusual punish- 
 ment. L.R.A.1915C, 565. 
 
 § 5. — grounds for. 
 
 Offering to pay witness as a ground for 
 disbarment or suspension of attorney. 
 L.R.A.1915A, 514. 
 
 Disbarment or suspension of attorney for 
 misconduct in an official capacity other 
 than his attorneyship itself. L.R.A. 
 1915A, 663. 
 
 Improper advice to client, with no inten- 
 tion to wrong him, as ground for dis- 
 barment or suspension. L.R.A. 1916A, 
 1175. 
 
 Acting with mob as a ground for disbar- 
 ment, suspension, or other discipline. 
 L.R.A.1915C, 259. 
 
 Disbarment or suspension for aspersing an- 
 other attorney. L.R.A.1916F,_396. 
 Allegations in pleadings in actions. 
 L.R.A.1916F, 396. 
 
 see Evi- 
 
 Beyin witli this Voolc on every law question. 
 
 ATTORNEYS, 11.— cont'd. 
 
 Allegations in unfounded disbarment 
 proceedings. L.R.A.1916F, 398. 
 
 Intermeddling between another attor- 
 ney and his client. L.R.A.1916F, 
 398. 
 
 Miscellaneous. L.R.A.1916F, 399. 
 
 g 6. Iiicense. 
 
 Statute of limitation as a defense to rev- 
 ocation of attorney's license. L.R.A. 
 1915D, 1218. 
 
 III. Relation to client. 
 
 § 7. Generally. 
 
 Effect of death of person employing attor- 
 ney, see Death, § 18. 
 
 Privileged communications to, 
 DENCE, § 222. 
 
 Validity of contract with, upon condition 
 of procuring divorce. 44 L.R.A. (N.S.) 
 383. 
 
 Treating jurors as ground for new trial or 
 reversal. 49 LJl.A.(N.S.) 889. 
 
 g 8. Right to counsel. 
 
 Right of prisoner to opportunity to con- 
 sult with his attorney. 44 L.R.A. 
 (N.S.) 1083. 
 \ 
 
 I § 10. Fiduciary relation. 
 Fiduciary relation between principal and 
 agent generally, see Principal and 
 Agent, § 33. 
 
 Right of attorney to purchase or lease in 
 his own behalf property vrhich he was 
 under no duty to purchase or lease for 
 his principal. 47 L.R.A.(N.S.) 567. 
 
 g 11. Duty and liability of attorney. 
 
 When statute of limitations begins to run 
 against attorney for negligence or mis- 
 conduct in performance of professional 
 duties. 51 L.R.A. (N.S.) 279. 
 
 g 12. Authority of attorney. 
 
 Presumption and burden of proof as to au- 
 thority, see Evidence, § 35. 
 
 Authority of attorney to waive privilege as 
 to communications between physician 
 and patient. 48 L.R.A.(N.S.) 421. 
 
 g 13. — over action generally. 
 
 Power of attorney to bind client by con- 
 sent decree. 46 L.R.A.(N.S.) 750. 
 Power to consent. 46 L.R.A. (N.S.) 750. 
 Effect of judgment by consent of at- 
 torney. 46 L.R.A.{N.S.) 753. 
 Presumption of authority. 46 
 
 L.R.A. (N.S.) -5?..' 
 Opening or setting aside judgment. 
 
 46 L.R.A.(N.S.) 753. 
 Remedy against attorney. 46 
 L.R.A.(N.S.) 754. 
 
 g 17. Client's responsibility for at- 
 torney's acts or neglect. 
 
 Liability of principal for malicious prose- 
 cution, false arrest, or false imprison- 
 ment by attorney authorized to collect 
 a debt. 51 L.R.A.(N.S.) 474. 
 
INDEX TO NOTJiS. 
 
 35 
 
 ATTORNEYiS, III.— cont'd. 
 § 18. Compensation; lien. 
 
 Recovery back of money paid to attorney, 
 see Assumpsit, § 6. 
 
 Attorneys' fees, generally, see Attobseys' 
 Fees. 
 
 Award of suit money and counsel fees in 
 divorce suit, see Divorce and Separa- 
 tion, §§ 39, 40. 
 
 Validity of agreement by which compensa- 
 tion is dependent on success in procur- 
 ing contract with public officer or 
 board. L.R.A.1915C, 823. 
 
 Liability of husband on wife's contract for 
 attorneys' fees in divorce proceedings. 
 L.R.A.1915C, 467. 
 
 Right of client to recover from third per- 
 son for services rendered by attorney 
 which benefit both. L.R.A.1915B, 856. 
 
 Right of attorney to compensation from 
 private employer for assisting in prose- 
 cution of criminal case. L.R.A.1916D, 
 462. 
 
 Conclusiveness of the testimony of experts 
 as to the value of professional services. 
 4.5 L.R.A.(N.S.) 181. 
 
 Liability of infant for legal services. 44 
 L.R.A.(N.S.) 411. 
 
 Right to recover against incompetent or his 
 estate for legal services in attempting 
 to secure his freedom lOr in resisting 
 lunacy proceedings. 45 L.R.A. (N.S.) 
 67. 
 
 Stipulation in contract for attorney's' fees 
 as measure of compensation to 
 which attorney is entitled. 51 
 L.R.A.(N.S.) 594. 
 Where creditor has collected attorneys' 
 fees. 51 L.R.A.(N.S.) 594. 
 
 § 20. — contingent fees. 
 
 Rights and remedies of attorney whose 
 client compromises cause of action with- 
 out his consent before action brought. 
 4^L.R.A.(N.S.) 750. 
 Death of attorney employed on a contin- 
 gent fee, or his withdrawal with- 
 out client's fault, before final ad- 
 judication or settlement, as af- 
 fecting compensation. 52 L.R.A. 
 (N.S.) 380. 
 Sickness or death. 52 L.R.A. (N.S.) 381. 
 
 § 21. —champerty; maintenance. 
 
 Taking case on contingent fee, see supra, 
 § 20. 
 
 ATTORNEYS' TEES. 
 
 § 1. Generally. 
 
 Right of attorney to recover fees from his 
 own client, see Attorneys, §§ 18-21. 
 
 As affecting jurisdictional amount, see 
 Courts, § 27. 
 
 In divorce suit, see Divorce and Separa- 
 tion, v. 
 
 What court has jurisdiction to fix attor- 
 neys' fees for services in suit by or 
 against receiver. L.R.A.1915F, 1219. 
 Consult also L.B.A. Digests to date. 
 
 ATTORNEYS' FE13S— cont'd. 
 
 Stipulation in contract fo- attorneys' fees 
 as measure of compensation to which 
 attorney is entitled. 51 L.R.A. (N.S. ) 
 594. 
 
 Is amount of attornej's' fees expressly stip- 
 ulated for to be included in computed 
 amount involved for purpose of ascer- 
 taining jurisdiction. 49 L.R.A. (N.S.) 
 600. 
 
 § 2. Validity and effect. 
 
 Validity of statutory provision for attor- 
 ney's fee. L.R.A.1915E, 943. 
 General provision. L.R.A.1915E, 943. 
 Against railroad companies. L.R.A. 
 
 1915E, 944. 
 Against carriers. L.R.A. 1915E, 946. 
 In mechanics' lien cases. L.R.A.1915E, 
 
 947. 
 Against insurance companies. L.R.A. 
 
 1915E, 948. 
 In libel and slander actions. L.R.A. 
 
 1915E, 948. 
 In actions against the Sanitary Dis- 
 trict of Chicago. L.R.A.191oE, 
 948. 
 In proceeding by state to abate a liquor 
 
 nuisance. L.R.A. 1915E, 949. 
 In mandamus proceedings. L.R.A. 
 
 1915E, 949. 
 To successful defendant in statutory 
 civil action for a penalty. L.R.A. 
 1915E, 949. 
 In partition cases. L.R.A.1915E, 949. 
 Validity as afi'ected by title to act. 
 L.R.A.1915E, 949. 
 Validity of stipulation for attorney's' fees. 
 L.R.A.1915B, 928. 
 Distinction between stipulations in 
 notes and mortgages. L.R.A. lOloB, 
 029. 
 General rules. L.R.A.1915R, 930. 
 
 Where no definite amount or per 
 cent is specified. L.R.A. 
 1915B, 930. 
 Rule that stipulation is valid. 
 
 L.R.A.1915B, 930. 
 Rule that stipulation is in- 
 valid. L.R.A.1915B, 932. 
 Where definite amount or per cent 
 is specified. L.R.A.1915B, 
 933. 
 Rule upholding validity gen- 
 erally. L.R.A.1915B, 933. 
 Rule denying validity. L.R.A. 
 
 191.5B, 936. 
 Rule upliolding stipulation as 
 for indemnity only. L.R.A. 
 1915B, 938. 
 Rule upholding stipulation as 
 for liquidated damages. 
 L.R.A.1915B, 942. 
 Theories on which stipulations are held 
 valid or invalid. L.R.A.1915B, 
 943. 
 Sustaining validity. L.R.A.] Dl-'iB, 
 943. 
 Denving validity. L.R.A. 
 '1915B, 946. 
 Statutory provisions. L.R.A. 1915B, 
 947. 
 
3fi 
 
 ATTORNEYS' FEES— cont'd. 
 Conflict of laws as to stipulation for, in 
 contract relating to real property. 
 L.R.A.1916A, 1040. 
 
 § 3. —effect on negotiability. 
 
 Effect of stipulation for, upon negotiability. 
 L.R.A.1916B, 675. 
 
 INDEX TO NOTES. 
 
 AUTOMATIC COUPLERS. 
 
 ATTORNMENT. 
 
 By tenant to transferee of reversion. L.R.A. 
 1915C, 201, 203. 
 
 < « » 
 
 ATTRACTIVE NUISANCE. 
 
 See Negligence, §§ 23, 23a. 
 
 « I > . — 
 
 AUCTION. 
 
 § I. Generally. 
 
 Oral or implied building restrictions as to 
 other lots in tract on sale of lots at 
 auction. 45 L.R.A. (N.S.) 969. 
 
 § 6. Rights and liabilities of auc- 
 tioneer. 
 
 Validity of license fee exacted of auctioneer 
 as affected by amount. 51 L.R.A. 
 (N.S.) 40. 
 
 AUDITOR. 
 
 See also Acootjntakt. 
 
 Power of courts to enforce ministerial 
 duties of state auditor. 52 L.R.A. 
 (N.S.) 439. 
 
 AUGUR BIT. 
 
 Master's liability for injury by defects in. 
 51 L.R.A. (N.S.) 338. 
 
 AUTHORITY. 
 
 Of attorneys, see Attohnets, § 12. 
 
 Of broker, see Bbokers, §§ 2-4. 
 
 Of employee, see Master and Servant, II. 
 
 c. 
 
 Of agent, see Principal and Agent, IV. 
 Presumption and burden of proof as to, see 
 Evidence, §§ 34, 35. 
 
 AUTHORS. 
 
 Copyrights of works of, see Copyright. 
 
 Common-law rights in intellectual pro- 
 ductions. 43 L.R.A.(N.S.) 639. 
 
 State statute requiring automatic couplers 
 on ears as interference with interstate 
 commerce. 52 L.R.A.(N.S.) 269. 
 
 AUTOMATIC MOVEMENTS. 
 
 Duty of master to warn servant of danger 
 from automatic movement of bodies. 
 44 L.R.A.(N.S.) 779. 
 
 AUTOMATIC SIGNALS. 
 
 At railroad crossing, see Railroads, § 66. 
 
 ♦ ■ » 
 
 Begin ivith this hoole on every law question. 
 
 AUTOMOBILES. 
 
 Exemption of automobile from seizure for 
 debt. 49 L.R.A. (N.S.) 691. 
 
 Liability of manufacturer to servant with 
 respect to automobile testing track. 49 
 L.K.A.(N.S.) 883. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of business by dealer 
 in automobiles and accessories as af- 
 fected by its territorial scope. L.R.A. 
 1916C, 631. 
 
 Measure of damages for damage to auto- 
 mobile used for pleasure. L.R.A.191oC, 
 319. 
 
 § 1. Regulation and control by pub- 
 lic. 
 
 Power to prohibit use of automobile upon 
 public thoroughfares. L.R.A.1915E, 
 264. 
 
 License tax on. 52 L.R.A.(N.S.) 949; 
 L.R.A.1915D, 322. 
 
 Operating automobile on highway without 
 a license. 52 L.R.A. (N.S.) 801; L.R.A. 
 1915D, 628; L.R.A.1916E, 1225. 
 
 Private action for violation of statute reg- 
 ulating use of motor vehicles. L.R.A. 
 1915E, 540. 
 
 § 2. Duty and negligence of opera- 
 tor. 
 
 Contributory negligence of operator, see in- 
 fra, § 7. 
 
 Reciprocal duty of operator of automobile 
 ' and pedestrian to use care. 51 
 L.R.A,(N.S.) 990. 
 In general.^ 51 L.R.A. (N.S.) 990. 
 
 Duty of operator of car. 51 
 
 L.R.A.(N.S.) 990. 
 Rights and duties of pedestrians. 
 51 L.E.A.(N.3.) 992. 
 Applications of general rules. 51 
 L.R.A.(N.S.) 993. 
 Speed. 51 L.R.A. (N.S.) 993. 
 Lights, signals. 51 L.R.A. (N.S.) 
 
 996. 
 Duty to stop, look, and listen. 51 
 L.R.A.(N.S.) 997. 
 
INDEX TO NOTES. 
 
 37 
 
 AUTOMOBILES— coraCd. 
 
 Keeping lookout. 51 L.K.A.(N.S.) 
 
 997. 
 Looked, but did not see. 51 
 
 L.E.A.(N.S.) 999. 
 Failure to look. 51 L.E.A.(N.S.) 
 
 1000. 
 Duty when approaching street 
 crossing. 51 L.E,.A. (N.S.) 
 1000. 
 Duty when pedestrian is crossing 
 street diagonally. 51 L.II.A. 
 (N.S..) 1001. 
 Duty to slow up or stop. 51 
 
 L.R.A.(N.S.) 1002. 
 Duty near street cars. 51 L.R.A. 
 
 (N.S.) 1003. 
 Duty in emergency. 51 L.II.A. 
 
 (N.S.) 1005. 
 Skidding. 51 L.Il.A.(N.S.) 1006. 
 Law of the road as aiTecting pe- 
 destrians. 51 L.R.A.{N.S.) 
 1007. 
 Jumping or running in front of 
 automobile. 51 L.E.A.(N.S.) 
 1007. 
 Duty where pedestrian walks 
 along street or crosses between 
 blocks. 51 L.R.A.(N.S.) 1007. 
 Dutv toward person under dis- 
 "ability. 51 L.R.A.(N.S.) 
 1008. 
 Miscellaneous. 51 L.R.A. (N.S.) 
 1008. 
 Liability for crow^ding automobile off the 
 
 road. 51 L.R.A. (N.S.) 453. 
 Duty and liability of operator of automo- 
 bile with respect to horses en- 
 countered on the highway. 48 
 L.R.A.(N.S.) 946. 
 General rules. 48 L.R.A. (N.S.) 946. 
 Effect of statutes upon common-law 
 duties generally. 48 L.R.A. (N.S.) 
 948. 
 General duty to look. 48 L.R.A. (N.S.) 
 
 949. 
 Duty with respect to noise generally. 
 
 48 L.R.A.(N.S.) 949. 
 Using machine of unusual appearance. 
 
 48 L.R.A.(N.S.) 950. 
 Starting automobile or engine in close 
 proximity to liorse. 48 L.R.A. 
 fN.S.) 950. 
 Heading machine at horse. 48 L.R.A. 
 
 (N.S.) 050. 
 Driving directly into horse-drawn ve- 
 hicle. 48 L.R.A. (N.S.) 951. 
 Stopping machine in front of horse 
 after having frightened it. 48 
 L.E.A.(N.S.) 952. 
 Duty to refrain from passing frightened 
 horse on narrow road. 48 L.R.A. 
 (N.S.) 952. 
 Driving too close to other vehicle. 48 
 
 L.E.A.(N.S.) 953. 
 Coming up from rear. 48 L.R.A. (N.S.) 
 
 954. 
 Approaching animal being hitched to 
 vehicle by roadway. 48 L.R.A. 
 (N.S.) 954. 
 Duty to stop on signal. 48 L.R.A. 
 '(N.S.) 955. 
 Consult also L.R.A. Digests to date. 
 
 AUTOMOBILES— oon<V. 
 
 Duty to stop generally in absence of 
 
 signal from driver. 48 L.R.A. 
 
 (N.S.) 958. 
 Duty to stop engine. 48 L.R.A. (N.S.) 
 
 962. 
 Leaving car standing beside roadway. 
 
 48 L.E.A.(N.S.) 963. 
 Duty on private way. 48 L.E.A. ( N.S. ) 
 
 963. 
 Failure to display proper lights. 48 
 
 L.R.A.(N.S.) 964. 
 Duty to give warning generally. 48 
 
 L.E.A.(N.S.) 965. 
 Duty where occupants of vehicle get 
 
 out. 48 L.R.A.(N.S.) 965. 
 Running over one who was thrown from 
 
 vehicle. 48 L.R.A. (N.S.) 965. 
 Duty to assist driver of horse-drawn 
 
 vehicle. 48 L.R.A. (N.S.) 966. 
 Pleading. 48 L.R.A. (N.S.) 906. 
 
 Variance. 48 L.E.A.(N.S.) 966. 
 Burden of proof. 48 L.E.A. (N.S.) 968. 
 Evidence. 48 L.R.A. (N.S.) 969. 
 Miscellaneous. 48 L.R.A.(N.S.) 970. 
 Liability for collision between automobiles 
 
 or an automobile and another ve- 
 hicle at or near corner of streets 
 
 or highways. L.R.A.1916A, 745. 
 Priority and right to assume other ve- 
 hicles will use care. L.E.A.1916A, 
 
 746. 
 Effect of speed and application of speed 
 
 regulations. L.E.A.1916A, 747. 
 Increasing speed in emergency to avoid 
 
 approaching vehicle. L.R.A.1916A, 
 
 7(49. 
 Collisions near street cars at crossings. 
 
 L.R.A.1916A, 749. 
 Failure to give warning or show lights. 
 
 L.R.A.1916A, 749. 
 Where vehicle starts to turn and 
 
 changes course. L.R.A.1916A, 750. 
 
 g 2a. Liability generally for injury 
 by car. 
 
 Responsibility of guest for injury to third 
 person through negligence of person 
 driving oar. L.E.A.1915E, 439. 
 
 Liability of one other than owner, operator, 
 or guest, for injury by car. L.E.A. 
 1915E, 436. 
 
 § 3. Responsibility of owner when 
 car operated by another. 
 
 Liability of co-owners. L.E.A.1916E, 1301. 
 
 Liability of joint owners of automobile for 
 torts of common servant. 51 L.R.A. 
 (N.S.) 1116. 
 
 Liability of owner for injuries by automo- 
 bile while being used by a servant or a 
 third person for his own business or 
 pleasure. 47 L.R.A. (N.S.) 662; L.E.A. 
 1916A, 957. 
 
 Liability of automobile owner for negli- 
 gence of chauffeur furnished by third 
 person. 48 L.R.A. (N.S.) 424. 
 
 Who is responsible for negligence of chauf- 
 feur operating a leased or demonstrat- 
 ing car. 44 L.R.A.(N.S.) 113; 51 
 L.E.A.(N.S.) 1164. 
 
38 
 
 INDEX TO NOTES. 
 
 AUTOMOBILES— cont'd. 
 Validity of statute maliing owner liable for 
 injuries by automobile being used by 
 another. 45 L.R.A.(N.S.) 699. 
 Making prima facie case of responsibility 
 for negligence of driver of automobile 
 by proof of defendant's ownership of 
 car or employment of driver. 46 L.R.A. 
 (N.S.) 1091. 
 , Liability of owner upon the ground of dan- 
 gerous agency, or of negligence in 
 intrusting car to incompetent or 
 negligent person, for injuries in- 
 flicted while latter is operating car 
 for his own purpose. L.R.A.1915D, 
 691; L.E.A.1916E, 1295. 
 Violation of statute in permitting use 
 of car. L.R.A.1916E, 1296. 
 Liability of owner for injury inflicted by 
 car while being run by one to whom it 
 has been intrvTsted for storage or re- 
 pairs. 51 L.R.A.(N.S.) 772; L.R.A. 
 1916B, 762. 
 Liability where automobile is being used by 
 a member of owner's family. 50 
 L.R.A. (N.S.) 59; L.R.A.1916F, 223. 
 Where parent's automobile is being 
 driven by child, generally. 50 
 L.R.A.(N.S.) 59; L.R.A.1916r, 
 223. 
 Where car is purchased or kept for 
 use of family. 50 L.R.A. 
 (N.S.) 60; L.R.A.1916F, 225. 
 Where car is being driven by owner's 
 spouse or relative other than child. 
 L.R.A.1916F, 227. 
 Presence of member of family in car 
 loaned to third person. L.R.A. 
 1916F, 228. 
 Where automobile is being driven by 
 chauffeur under orders of member 
 of family. 50 L.R.A. (N.S.) 63; 
 L.R.A.1916F, 228. 
 
 § 4. Duty and liability to operator 
 or person using. 
 
 Liability of manufacturer or dealer for per- 
 sonal injuries caused by defects in au- 
 tomobile. L.R.A.1915E, 287; L.R.A. 
 191GF, 704. 
 
 Automobile owner's liability for injury to 
 servant. 46 L.R.A. (N.S.) 1183. 
 
 § 5. Speed; evidence. 
 
 Speed at which driver approaches railroad 
 crossing as contributory negligence, see 
 infra, § 7. 
 
 Speed of automobile as negligence. 51 
 L.R.A. (N.S.) 993. 
 
 Effect of speed and application of speed 
 regulations on liability for collision be- 
 tween automobiles, or an automobile 
 and another vehicle, at or near corner 
 of streets or highways. L.R.A.1910A, 
 747. 
 
 § 6. Contributory negligence. 
 
 Reciprocal duty^of operator of automobile 
 and pedestrian to use care. 51 L.R.A. 
 (N.S.) 990 
 
 AUTOMOBILES— cOMt'd, 
 Contributory negligence of driver of horse 
 encountering automobile on high- 
 way. 50 L.R.A.(N.S.) 566. 
 Using unsafe horse. 50 L.R.A. (N.S.) 
 
 566. 
 Failure to give signal to approaching 
 automobile to stop. 50 L.R.A. 
 (N.S.) 567. 
 Keeping lookout in rear. 50 L.R.A. 
 
 (N.S.) 567. 
 Keeping direct course and failing to 
 get out of the way. 50 L.R.A. 
 (N.S.) 567. 
 Driving near curbing. 50 L.R.A. (N.S.) 
 
 567. 
 Evidence of fast driving and intoxica- 
 tion. 50 L.R.A.(N.S.) 668. 
 Getting out or attempting to get out to 
 lead or hold horse. 50 L.R.A. 
 (N.S.) 568. 
 Driving to side and stopping. 50 
 
 L.R.A.(N.S.) 568. 
 Driving rapidly toward vehicle in dark 
 without knowing its character or 
 course. 50 L.R.A. (N.S.) 568. 
 Allowing person to sit where driving is 
 interfered with. 50 L.R.A.(N.S.) 
 569. 
 Refusal of driver to move. 50 L.R.A. 
 
 (N.S.) 569. 
 Hitching horse to vehicle beside road- 
 way. 50 L.R.A.(N.S.) 569. 
 Miscellaneous. "50 L.R.A. (N.S.) 569. 
 Contributory negligence of passenger riding 
 in automobile driven by another pre- 
 cluding recovery against third person 
 for injidry. L.R.A.1915B, 953. 
 Violation of statute or ordinance by plain- 
 tiff as precluding recovery. L.R.A. 
 1915E, 961. 
 Defendant's violation of law as affecting de- 
 fense of contributory negligence. L.R,A. 
 1915D, 968. 
 
 § 7. — of operator. 
 
 Care required of driver of automobile at 
 
 railroad crossings. 46 L.R.A. 
 
 (N.S.) 702. 
 
 Stopping, looking, and listening. 46 
 
 L.R.A.(N.S.) 702. 
 
 Where danger is apparent. 46 
 
 L.R.A.(N.S.) 704. 
 Where view obstructed. 46 L.R.A. 
 
 (N.S.) 705. 
 Where driver voluntarily stops. 46 
 
 L.R.A. (N.S.) 706. 
 Where engine stops. 46 L.R.A. 
 
 (N.S.) 707. 
 Crossings where flagman main- 
 tained. 46 L.R.A.(N.S.) 707. 
 Speed. 46 L.R.A. (N.S.) 708. 
 Where driver acts in emergency. 46 
 L.R.A.(N.S.) 708. 
 Running machine off crossing 
 planks. 46 L.R.A. (N.S.) 708. 
 A'^iolation of statute or ordinance by plain- 
 tiff as precluding recovery for negli- 
 gence in action by driver or owner of 
 automobile. L.R.A.1915E, 960. 
 
 Begin with this hooU on every law question. 
 
INDEX TO NOTES. 
 
 3!i 
 
 AUTOMOBILES— conCd. 
 
 Imputed negligence of passenger riding in 
 automobile driven by anoilier preclud- 
 ing recovery against third person for 
 injury. L.R.A.1915B, 953. 
 
 § 8. Injury to guest or passenger, or 
 servant riding in car, > 
 
 Owner's liability for injury to servant rid- 
 ing in car.' 46 L.K.A.(N.S.) 1183. 
 
 Liability of owner or operator for injury to 
 guest. 50 L.R.A.(N.S.) 1100; L.R.A. 
 191UE. 1193. 
 
 Applicability of doctrine of res ipsa lo- 
 quitur where accident to passenger is 
 occasioned by skidding of vehicle. 3 
 B. E. C. 97. 
 
 g 9. Garage. 
 
 Prohibition or regulation of garage. L.R.A. 
 
 1915D, 603. 
 Duty and liability of garage keeper to 
 
 owner of cars. 45 L.R.A. (N.S.) 
 
 314; 48 L.R.A.(N.S.) 561. 
 Liability in ease of unauthorized use 
 
 by garage keeper's employee. 45 
 
 L.R.A.(N.S.) 315. 
 Where owner's servant takes car with- 
 out authority. 45 L.R.A. (N.S.) 
 
 315. 
 Liability for articles left with garage 
 
 employees. 45 L.R.A. (N.S.) 316. 
 Loss of article from machine. 48 
 
 L.R.A. (N.S.) 562. 
 Liability for delivery of machine to one 
 
 uot'the owner. 45 L.R.A. (N.S.) 317. 
 Liability for damages while taking car 
 
 to garage. 45 L.R.A. (N.S.) 317. 
 Unauthorized use of machine by garage 
 
 keeper. 45 L.R.A. (N.S.) 318. 
 Loss or damage occurring in garage or 
 
 repair shop. 45 L.R.A. (N.S.) 318; 
 
 48 L.R.A.(N.S.) 561. 
 Change of place of storage without 
 
 owner's consent. 48 L.R.A. (N.S.) 
 
 562. 
 
 § 10. Insurance. 
 
 See INSUKANCE, § 221. 
 
 § 11. Automobile distribution con- 
 tract. 
 
 Whether contract of agency or sale. L.R.A. 
 
 1915B, 110. 
 Validity as affected by provision for cancel- 
 ing. L.R.A.1915B, 110. 
 Effect of provision granting dealer ex- 
 clusive territory. L.R.A.] 915B, 
 112. 
 Effect of recital of "$1" as considera- 
 tion. L.R.A.1915B, 113. 
 Validity as affected by indefinite description 
 of machines to be furnished under the 
 contract. L.R.A.1915B, 113. 
 Validity under antimonopoly la^s. L.R.A. 
 
 1915B, 113. 
 Breach of contract by dealer. L.R.A. 1915B, 
 113. 
 Handling another ear. L.R.A.1915B, 
 113. 
 Connnlt also L.R.A. niqests to elate. 
 
 AUTOMOBILES— co»<'d. 
 
 Retirement of member of iirm. I^.R.A. 
 1915B, 113. 
 Breach by manufacturer by selling auto- 
 mobiles in dealer's territory. 
 L.R.A.1915B, 114. 
 Where sale is to resident in dealer's 
 territory, but is made at another 
 place. L.R.A.1915B, 114. 
 Measure of damages for breach by manu- 
 facturer. L.R.A.1915B, 114. 
 Loss of prospective profits. L.R.A. 
 1915B, 114. 
 Right to consider sales made by 
 manufacturer in dealer's terri- 
 tory in computing latter's 
 damage. L.R.A.1915B, 116. 
 Estoppel of manufacturer to deny 
 that dealer would have made 
 sales he made. L.R.A.1915B, 
 117. 
 Measure of damages for breach by dealer. 
 L.R.A.1915B, 117. 
 
 AUTOPSY. 
 
 Provision in insurance policy as to, see Ik- 
 SUEANCE, § 91a. 
 
 AVERAGE 'WEEKI.Y EARNINGS. 
 
 To which injured workman is entitled under 
 workmen's compensation act. L.R.A. 
 1916A, 149, 373. 
 
 AAVARD. 
 
 Of arbitrators, see Arbiteaiion, §§ 5, 6. 
 In condemnation proceedings, see Eminent 
 Domain, § 31. 
 
 A^VNINGS. 
 
 g 1. Generally. 
 
 Power of municipal corporation to compel 
 removal of awnings encroaching on 
 street. L.R.A.1916C, 564. 
 
 Special damage from awning or structure 
 overhanging street which will sustain 
 action by private person to abate or 
 enjoin it as a nuisance. 48 L.R.A. 
 (N.S.) 173. 
 
 Extension of, beyond line as violation of 
 building restriction. 52 L.R.A. (N.S.) 
 1052. 
 
 BACK FIRE. 
 
 Is employee chargeable with knowledge of 
 danger of back fire from furnace. 45 
 L.R.A. (N.S.) 658. 
 
40 
 
 INDEX TO NOTES. 
 
 BAD CHARACTER. 
 
 In general, see Character. 
 
 Bight to reject passenger because of. 43 
 L.R.A.(N.S.) 821. 
 
 BAD FAITH. 
 
 See Good. Faith 
 
 BAD MOTIVE. 
 
 See iloTiVE. 
 
 •-•-• 
 
 BAGGAGE. 
 
 See Carriers, §§ 86-92; Innkeepers. 
 
 BAGGAGE TRANSFER COMPANY. 
 
 Liability of, see Carriers, § 106. 
 
 BAIL AND RECOGNIZANCE. 
 
 § 1. Generally. 
 
 Right of nonresident to exemption from 
 'service of process while within juris- 
 diction pursuant to condition of bail 
 bond. 51 L.E.A.(N.S.) 328. 
 Deposit of cash in lieu of bail in criminal 
 cases, in absence of statutory au- 
 thority. 44 L.R.A.(N.S.) 1150. 
 Authority to receive deposit. 44 L.R.A. 
 
 (N.S.) 1150. 
 Effect of taking deposit without au- 
 thority. 44 L.R.A. (N.S.) 1151. 
 Time and place covered by recognizance or 
 bail bond in criminal case. L.R.A. 
 1916F, 363. 
 In general; conviction; escape. L.R.A. 
 
 1916F, 364. 
 Where notice is to be given, or where no 
 indictment is found. L.R.A.1916F, 
 369. 
 Effect of continuance to next term. 
 
 L.R.A.1916F, 372. 
 Where term is not held at time ap- 
 pointed. L.R.A.1916F, 378. 
 Where change of venue is taken. L.R.A. 
 1016F, .380. 
 
 § 2. Right tp; 'nrlieii admitted to. 
 
 Eight to release pending appeal from con- 
 ■ viction, upon taking pauper's oath. 
 
 L.R.A.]916r, 106. 
 Right to bail pending attempt to avoid body 
 
 execution. L.E.A.1915E, 340 
 
 BAIL AND RECOGNIZANCE— coni'd. 
 § 7. liiability of sureties. 
 
 Liability of sureties on bail bond where 
 judgment is in favor of one principal 
 and against another. 51 L.R.A. (N.S.) 
 661. 
 
 Liability of bail where principal fails to 
 appear from no fault of his own. 50 
 L.R.A.(N.S.) 252. 
 
 § 8. Rights of sureties; release. 
 
 Taking accused into custody as release of 
 surety. 44 L.R.A.(N.S.) 1065. 
 
 BAIUFF. 
 
 Unauthorized presence of, in grand jury 
 room, as affecting indictment. L.R.A. 
 1916D, 1125. 
 
 BAILMENT. 
 
 Begin roitli this booli on every law question. 
 
 § 1. Generally. 
 
 Embezzlement by bailee, see Embezzlement, 
 
 §3. 
 As to warehousemen, see Warehousemen. 
 See also Innkeepers. 
 
 Power of officer or employee to bind bank by 
 agreement for bailment other than one 
 conceded to be a special deposit. L.R.A. 
 1915B, 542. 
 
 § 2. What constitutes. 
 
 Distinction between bailment and loan of 
 money. L.R.A.1916F, 92. 
 
 § 4. Rights of bailee. 
 
 Right of bailee to recover for damage to 
 or conversion of property. 3 B. 
 E. C. 388. 
 Bailee's right to maintain action. 3 
 B. R. C. 389. 
 Trespass. 3 B. R. C. 391. 
 Trover. 3 B. R. C. 392. 
 Detinue. 3 B. R. C. 393. 
 Measure of recoverv. 3 B. R. C. 393. 
 -Minority rule. ' 3 B. E. C. 393. 
 Responsibility to bailor as basis of 
 recoverv of full damages or 
 value. '3 B. R. C. 394. 
 Bailee's special property right as 
 basis of recovery of full 
 damages or value. 3 B. 
 R. C. 396. 
 When coupled with pavment 
 to bailor. 3 B. R. C. 403. 
 Recovery of value of special in- 
 terest only. 3 B. R. C. 404. 
 Where property has been ap- 
 plied to bailor's use. 3 B. 
 R. C. 404. 
 ' Where bailee refuses to accept 
 property upon return. 3 
 B. R. C. 404. 
 Recovery by bailor as bar to action by 
 bailee. 3 B. R. C. 404. 
 
INDEX TO NOTES. 
 
 41 
 
 BAILMENT— cont'd. 
 
 § 5. Duty and liability of bailee. 
 
 Duty and liability of garage keeper, see 
 Automobiles, § 9. 
 
 liability of warehouseman, see Warehouse- 
 man, § 4. 
 
 Presumption and burden of proof as to care 
 
 or negligence in respect to subject of. 
 
 43 L.R.A.(N.S.) 1168. 
 Duty of bailee as to repair of subject of 
 
 bailment for use. 52 L.R.A. ( N.S. ) 412. 
 Liability for loss of, or injury to, property 
 
 upon exhibition. L.R.A.1915A, 694. 
 
 Liability of bailee under special terms of 
 contract for care or return of sub- 
 ject of bailment. L.R.A.1915B, 
 295. 
 Express contract to return property. 
 
 L.R.A.1915B, 296. 
 Hiring of slaves. L.R.A.1915B, 
 
 297. 
 Contract to return or pay for property. 
 
 T,.R.A.1915B, 298. 
 Contract for return of property in good 
 
 condition, or of similar import. 
 
 L.R.A.1915B, 298. 
 Hiring of vessels. L.R.A.1915B, 
 
 300. 
 Contract to be "responsible"' for prop- 
 erty. L.R.A.1915B, 301. 
 Contract to insure property. L.R.A. 
 
 lOluB, 302. 
 Particular apj)lieations of special con- 
 tracts. L.R.A.1915B, 302. 
 Agistment. L.R.A.3 915B, 302. 
 Banks. L.R.A.1915B, 304. 
 Cold storage. L.R.A.1915B, 304. 
 Hiring of animals. L.E.A.1915B, 
 
 304. 
 Hiring of railroad cars. L.R.A 
 
 1915B, 305. 
 Private carriers. L.R.A.1915B, 
 
 305. 
 Public exhibition of fairs. L.R.A. 
 
 1915B, 305. 
 Slaves. L.R.A.19:5B, 305. 
 Vessels. L.R.A.1915B. 306. 
 Warehousemen. L.R.A.1915B. 306. 
 Miscellaneous. L.R.A.1915B, 306. 
 
 § 6. — of horse or vehicle. 
 
 I'resuraption and burden of proof as to care 
 or negligence in case of hire or loan of 
 horses and carriages. 43 L.R.A. (N.S.) 
 1181. 
 
 Liability of hirer of horse under special 
 terms of contract for its care or re- 
 turn. L.R.A.1915B, 304. 
 
 Liability of hirer of team for damage to 
 team or wagon by negligence of driver 
 in general employ of owner. L.R.A. 
 1916F, 1039. 
 
 Who is responsible for acts of driver fur- 
 nished with hired vehicle. 44 L.R.A. 
 (N.S.) 113; 51 L.E.A.(N.S.) 1164. 
 
 I 7. ^ of goods in cold storage. 
 
 Presumption and burden of proof as to 
 
 care or negligence in respect to goods 
 
 in cold storage. 43 L.R.A. 'N.S. l 1188. 
 
 rfnnsiilt nlyn T,.R.A. TUtmsta to date. 
 
 BAILMENT— cont'd. 
 
 Liability under special terms of contract for 
 
 care or return of subject of bailment. 
 
 L.R.A.1915B, 304. 
 
 § 10. — liability for conversion. 
 
 Liability of bailee (other than a common 
 carrier or innkeeper) for theft com- 
 mitted by servant. 4 B. R. C. 562. 
 
 Liability of bailee for articles which acci- 
 dentally come into his possession with 
 subject of bailment. L.R.A.1915C, 712. 
 
 § 11. Duty and liability of bailor. 
 
 Duty of bailor as to repair of subject of 
 bailment for use. 52 L.R.A. (N.S.) 
 412. 
 
 § 12. — of horse or vehicle. 
 
 Who is responsible for acts of driver fur- 
 nished with hired vehicle. 44 L.R.A. 
 (N.S.) 113; 51 L.R.A.(N.S.) 1164. 
 
 BAKERIES. 
 
 Validity of restrictive agreement ancillary 
 to sale of business. L.R.A.1916C, 630. 
 
 Law prohibiting operation of bakery upon 
 certain premises. 44 L.R.A. (N.S.) 48. 
 
 BALLOON ASCENSION. 
 
 Liability of one maintaining place of amuse- 
 ment for injury to patron in connection 
 with. L.R.A.3^15F, 690. 
 
 * « > 
 
 BALLOTS. 
 
 See Elections, II. b. 
 
 ♦-•-• 
 
 BANK EXAMINER. 
 
 Validity of obligations given bank as af- 
 fected by concealment of illegal trans- 
 actions from. L.R.A.1916A, 1218. 
 
 » « » 
 
 BANKRUPTCY. 
 
 /. In general, §§ 1—7. 
 IV. Effect of haiikruptcy proceedings, 
 §§ 10, 11. 
 T. Priority of rights, § IZ. 
 VI. Preferences and transfers by bank- 
 rupt, §§ 13-17. 
 VII. Assets and their collection, §§ IS— 
 22. , 
 
 IX. Claims against estate; distribu- 
 tion, §§ 24-31. 
 X. Discharge and its effect, §§ 32— 
 36. 
 
42 
 
 BANKRUPTCY— cont'd. 
 
 INDEX TO NOTES. 
 
 I. In general, 
 
 § 1. Generally. 
 
 Of corpoiation, see Cokporations, X. 
 Insolvency, see Insolvexcy. 
 
 Right of bankrupt or creditors of bankrupt 
 to intervene in an action to which the 
 trustee is a party. L.R.A.1916C, 639. 
 
 Dower in land subject to purchase money 
 mortgage sold in bankruptcy proceed- 
 ings against husband. 52 L.R.A. (N.S.) 
 540. 
 
 Debts to be considered in determining exist- 
 ence of amount of indebtedness neces- 
 sary to adjudge one an involuntary 
 bankrupt. L.R.A.1916E, 631. 
 
 IV. Effect of 'bankrwptcy proceedings. 
 
 § 10. Generally. 
 
 Suspension of running of limitations by 
 bankruptcy proceedings. L.R.A.1915B, 
 1221. 
 Effect of bankruptcy of employer on rights 
 of employee under workmen's compensa- 
 tion acts. L.R.A.1916A, 98. 
 Effect of bankruptcy of property owner on 
 mechanics' liens. L.R.A. 1915F, 
 1132. 
 General effect of bankruptcy acts. 
 
 L.R.A.1915F, 1133. 
 In what courts enforceable. L.R.A. 
 
 1915F, 1134. 
 Effect of petition or adjudication. 
 L.R.A.1915F, 1134. 
 Priorities. L.R.A.1915F, 1138. 
 Discharge. L.R.A.1915F, 1139. 
 Effect of bankruptcy of principal contrac- 
 tor upon lien rights of subcontrac- 
 tors or materialmen. 51 L.R.A. 
 (N.S.) 68; L.R.A.1916F, 113. 
 Effect as between trustee and subcon- 
 tractor or materialman. 51 
 L.R.A. (N.S.) 68. 
 Steps taken within four months of 
 contractor's bankruptcy. 51 
 L.R.A.(N.S.) 69. 
 Filing lien after contractor's bank- 
 ruptcy. 51 L.R.A. (N.S.) 69. 
 Right to enforce lien against the prop- 
 erty improved. 51 L.R.A. (N.S.) 71. 
 
 T. Priority of rights. 
 
 § 12. Generally. 
 
 Common-law priority of state or United 
 States in payment from assets of debt- 
 or. 46 L.R.A.(N.S.) 260. 
 
 VI. Preferences and transfers by hanlc- 
 rupt. 
 
 § 14. 'What constitntes a preference. 
 
 Payment of debt by bankrupt as a prefer- 
 ence to a surety therefor. 45 L.R.A. 
 (N.S.) 1068. 
 
 tonditional sale contract executed prior to, 
 but filed within the four months period 
 as a voidable preference. 47 L.R.A. 
 (N.S.) 1223. 
 
 BANKRUPTCY, Wl.— cont'd. 
 
 § 15. Validity or voidability. 
 
 Sale under execution as a transfer of prop- 
 erty by the debtor within § 00, subds. 
 a and b. 43 L.R.A. (N.S.) 427. 
 
 May a lien which is voidable under § 60, 
 subdivisions a or b, or void luider § 67,. 
 subdivisions c or f, be allowed any effect 
 under § 64b (5). L.R.A.1915B, 14S. 
 
 VII. Assets and their collection. 
 
 § 19. What are assets. 
 
 Of insolvent estate generally, see Insol- 
 vency, § 4. 
 
 Right of action for tort for injury to per- 
 son other than physical as asset. 43 
 L.R.A.(N.S.) 940. 
 
 Estates in remainder as assets which will 
 pass to the trustee in bankruptcy. 47 
 L.R.A.(N.S.) 284. 
 
 Contracts for personal services, earnings 
 thereunder, and causes of action for 
 their breach, as assets in bankruptcy. 
 5 B. R. C. 268. 
 
 Agreement between landlord and tenant for 
 removal of fixtures by latter as affecting 
 right thereto of ]iis ( .ustee in bank- 
 ruptcy. L.R.A.1915E, 830. 
 
 § 20. — life insurance. 
 
 Life insurance as assets of bankrupt. 46 
 L.R.A.(N.S.) 148. 
 
 § 21. Concealment or nondelivery of 
 
 assets. 
 
 Concealment of assets in violation of bank- 
 ruptcy act as continuing offense. 4S 
 L.R.A.(N.S.) 278. 
 
 § 22. Recovery of assets. 
 
 When may local venue of summary proceed- 
 ing by trustee be disregarded upon the 
 ground that the proceeding is ancillary 
 or incidental. L.R.A.1916D, 1134. 
 
 IX. Claims against estate; distribution. 
 
 § 24. Generally. 
 
 Priority of rights, see supra, § 12. 
 Claims against insolvent estate generally, 
 see Insolvency, IV. 
 
 Right to interest on allowed claims in bank- 
 ruptcy. L.R.A.1915B, 884. 
 
 Proof of claim in bankruptcy as bar to ac- 
 tion for deceit in securing credit. 43 
 L.R.A. (N.S.) 649. 
 
 Allowance or disallowance of claim by 
 bankruptcy court as res judicata in a 
 suit or proceeding on the claim in an- 
 other court. 43 L.R.A. (N.S.) 9.")0. 
 
 § 25. Debts provable. 
 
 May one be a "purchaser" for a valuable 
 consideration where nothing capable of 
 money measurement is given. 4 B. R. 
 C. 782. 
 
 Begin iritlt this boolc on every law question. 
 
INDEX TO NOTES. 
 
 43 
 
 BANKRUPTCY, IX.— cont'd. 
 § 26. Set-offs. 
 
 Acceptance of bankrupt depositor's check by 
 bank for obligation due it as affecting 
 bank's right to set off obligation against 
 depositor. L.R.A.1916A, 685. 
 
 § 31. Iiiens; adverse holdings; gar- 
 nishment. 
 
 May a lien which is voidable under section 
 60, subdivisions a or b, or void under 
 section 67, subdivisions c or f, be al- 
 lowed any effect under section 64B ( 5 ) . 
 L.R.A.1915B, 148. 
 
 X. Discharge and its effect. 
 
 § 34. Refusal of. 
 
 Refusal of discharge because of transfer of 
 assets with a view to distribution of 
 proceeds among creditors. L.R.A. 
 1915C, 89. 
 
 § 35. Effect. 
 
 Jlight to open default judgment to let in de- 
 fense of discharge in bankruptcy. 
 L.R.A.1916F, 857. 
 
 Discharge of debt as affecting equitable as- 
 signment to secure same. 43 L.R.A. 
 (N.S.) 404. 
 
 Discharge of partnership as affecting lia- 
 bility of individual partners for 
 partnership debts. L.R.A.ini5F, 669. 
 
 Effect of discharge in bankruptcy upon as- 
 signment of wages to be earned in the 
 future. L.R.A.1916E, 248. 
 
 Effect of bankruptcy of employer on rights 
 of employee under workmen's compen- 
 sation acts. L.R.A.1916A, 98. 
 
 Effect of discliarge in bankruptcy of prop- 
 erty owner on mechanics' liens L.R.A. 
 1915F, 1139. 
 
 Effect of bankruptcy of principal contractor 
 upon lien rightti of siib-contractors and 
 materialmen. 51 L.R.A. (N.S.) 68; 
 L.E.A.1916F, 113. 
 
 BANKS. 
 
 I. In general, § 1. 
 
 III. Stock, and stockholder, §§ 3—S. 
 
 IV. Officers and agents, §§ 6— 8a. 
 r. Banking, §§ 9—38. 
 
 a. Deposits, §§ 9—30. 
 
 7>. Collections, §§ 31-35. 
 
 c. Other transactions; dis- 
 
 counts, §§ 36—8Ta. 
 
 d. Clearing-house l>usiness, § 
 
 38. 
 n. Insolvency of hank, §§ 39— iS. 
 VII. Savings hanks, §§ 43, 44. 
 VIII. National hanks, §§ 45-48. 
 X. Taxation, § SO. 
 XI. Crimes, § 51. 
 
 I. In general. 
 
 g 1. Generally. 
 
 As bona fide purchaser of negotiable instru- 
 ment, see Bills and Notes, § 7. 
 
 BANKS, I.— cont'd. 
 
 For matters common to corporations gen- 
 erally, see COEPOBATIONS. 
 
 Custom of, see Custom and Usage, § 7. 
 Notice to, see Notice. 
 
 Set-off by, or against bank, see Set-Off and 
 Counterclaim, §§ 8, 8a, 19a. 
 
 Presumption and burden of proof as to neg- 
 ligence in case of embezzlement of prop- 
 erty while in possession of bank as 
 bailee. 43 L.R.A. (N.S.) 1190. 
 
 Liability of bank as bailee under special 
 terms of contract for care or return of 
 subject of bailment. L.R.A.1915B, 304. 
 
 Right of banlc to contradict entries in its 
 books or statements in public reports. 
 L.R.A.191,5D, 935. 
 
 Validity of obligations given bank as af- 
 fected by concealment of illegal trans- 
 actions. L.R.A.1916A, 1218. 
 
 III. Stock and stockholders. 
 
 § 5. Liability of stockholders. 
 
 Liability of stockholders of corporation 
 generally, see Cobpobations, VI. c. 
 
 IV. Officers and agents. 
 
 % 6. Generally. 
 
 Right of bank ofBcer or employee to refuse 
 to disclose state of depositor's account. 
 L.R.A.1915D, 1061. 
 
 § 7. Duties and liability of directors. 
 
 Liability of directors directly to creditors 
 of corporation suing in their own right 
 for negligence or other breach of duty 
 owed primarilv to the corporation. 45 
 L.R.A. (N.S.) 421. 
 
 § 8. Powers of. 
 
 Constitutionality of statute restricting 
 right to assign salarv. 43 L.R.A. 
 (N.S.) 746. 
 
 Power of officer or employee to bind bank by 
 agreement for bailment other than one 
 conceded to be a special deposit. L.R.A. 
 1915B, 542. 
 
 § 8a. Imputirg knowledge of, to 
 bank. 
 
 Bank officer's knowledge of insolvency of 
 bank resulting from his own miscon- 
 duct as chargeable to the bank. 45 
 L.R.A.(N.S.) 781. 
 
 Imputation of knowledge of bank officers 
 to bank, where officers are personally 
 interested. 49 L.R.A. (N.S.) 764. 
 
 V. Banking, 
 a. Deposits. 
 
 § 9. Generally. 
 
 Situs as between different states or coun- 
 tries of banlc deposits for purposes off 
 property taxation. L.R.A.1915C, 938. 
 
 Right of hauls olficer or employee to rcfiise 
 to disclose state of depositor's account 
 L.R.A.1915D, 1061. 
 
44 
 
 INDEX TO NOTES. 
 
 BANKS, V. a.— cont'd. 
 
 Title of check, drawn on another bank, 
 which has been credited to depositor. 
 47 L.R.A.{N.S.) 552. 
 
 Liability of bank for interest on money de- 
 posited with it to si>cure performance 
 of contract or decree, or to indemnify 
 against losses or claims. 52 L.R.A. 
 (N.S.) 522. 
 
 Liability of depositor who requests bank to 
 hold uoninterest bearing deposit against 
 a claimant, to reimburse bank for inter- 
 est which it is compelled to pay to 
 claimant on the legal establishment of 
 his claim to the deposit. L.R.A.1915E, 
 797. 
 
 Liability to estate of bank which receives 
 deposit from one assuming without au- 
 thority to act as executor or adminis- 
 trator. L.E.A.3915E, 309. 
 
 § 10. Deposit of public fnnds. 
 
 Deposit of public funds in bank as invest- 
 ment within statute requiring the in- 
 vestment of such funds. 50 L.R.A. 
 (N.S.) 274. 
 
 § 12. Trust in, or gift of, deposit. 
 
 Application to debt due bank, of deposit in 
 fiduciary character, see infra, § 18. 
 
 Liability of bank for failure to prevent mis- 
 appropriation of funds by a fiduci- 
 ary. L.R.A.1915C, 518. 
 In general. L.R.A.1915C, 519. 
 Where bank violates deposit contract. 
 
 L.R.A.1915C, 522. 
 Where deposit is vised to pav fiduciary's 
 debt to the bank. L.R.A.1915C, 
 525. 
 Where bank knows or is chargeable 
 with knowledge of fraud. 
 L.R.A.1915C, 526. 
 Where fiduciary was also an oifieer 
 of the bank. L.R.A.19]5C, 528. 
 Where bank permits the deposit of 
 trust funds in the personal ac- 
 count of the fiduciary. L.R.A. 
 1915C, 528. 
 What constitutes notice of intend- 
 ed misapproi.riation. L.R.A. 
 1915C, 530. 
 
 § 12a. — necessity and effect of de- 
 livery. 
 
 Sufiicieney of bequest to pass bank deposit. 
 5 B. R. C. 539. 
 
 Effect of delivery of order for savings ac- 
 count without the book to complete a 
 gift of the account. L.R.A.1915B, 396. 
 
 § 13. Transfer of generally. 
 
 Check as assignment of fund so as to pre- 
 vent garnishment. 43 L.R.A. (N.S.) 
 100. 
 
 § 14. Garnishment of. 
 
 Check as affecting garnishment of deposit. 
 43 L.R.A.(N.S.) 100. 
 
 BANKS, V. a.— cont'd. 
 
 §16. Liability for loss of, through 
 failure of bank. 
 
 Liability of trustee for loss of trust money 
 deposited in bank. 45 L.R.A. 
 (N.S.) 1. 
 Time allowed to remain. 45 L.R.A. 
 
 (N.S.) 8. 
 Permanent deposit. 45 L.R.A. (N.S.) 
 
 11. 
 In trustee's own name. 45 L.R.A. 
 (N.S.) 12. 
 Effect of bank's knowledge of char- 
 acter of fund. 45 L.R.A. 
 (N.S.) 16. 
 Directing deposit in name as trus- 
 tee. 45 L.R.A.(N.S.) 16. 
 Joint control agreement. 45 L.R.A. 
 
 (N.S.) 16. 
 Deposit by receivers. 45 L.R.A. (N.S.) 
 
 17. 
 As affected by statute. 45 L.R.A. 
 
 (N.S.) 17. 
 Deposit outside jurisdiction. 45 L.R.A. 
 (N.S.) 18. 
 
 § 17. Application of deposit to debt 
 due bank. 
 
 As to bank's right of set-off, see infra, § 20. 
 
 Applicability of d.eposita to indebtedness of 
 one depositing in his own name the 
 funds of another, where the bank 
 has no actual notice of the true 
 character of the funds. L.R.A. 
 1915A 715 
 
 General rules. 'l.R.A.1915A, 716. 
 
 Effect of consent of depositor. L.R.A. 
 1915A, 719. 
 
 Effect of conversion. L.R.A.1915A, 721. 
 
 Federal or equitable rule. L.R.A. 
 1915A, 721. 
 
 What constitutes notice. L.R.A.1915A, 
 722. 
 
 g 18. — deposit in fiduciary char- 
 acter. 
 
 Liability of hank for application of. deposit 
 to pay fiduciary's debt to the bank. 
 L.R.A.1915C, 525. 
 
 § 20. Bank's right of set-ofF a£;ainst 
 depositor. 
 
 See Set-Opp and Counterclaim, §§ 8a, 19b. 
 
 g 21. Lien of bank on. 
 
 Right of one whose securities have been 
 pledged to bank, to secure a loan to 
 another, to be subrogated to the bank's 
 lien on latter's deposit and collateral. 
 43 L.R.A.(N.S.) 197. 
 
 § 22. Checks generally. 
 
 Rights and liabilities on checks of persona 
 
 other than banks, see Checks. 
 Certification of check, see Checks, § 7. 
 
 § 23. Payment of checks; duty of de- 
 positor. 
 
 Recovery back of money paid on, see infra, 
 
 §§ 28, 29. 
 Payment of check generally, see Checks, § 
 
 Begin with this ioolc on every law question. 
 
INDEX TO NOTES. 
 
 45 
 
 BANKS, V. &— cont'd. 
 
 Liability of one to whom an insolvent banlv 
 has paid a checli. 50 L.E.A. (N.S. ) 
 239. 
 
 Check drawn by corporate officer payable to 
 his own order as imparting notice to 
 drawee bank of an intended misap- 
 propriation. L.R.A.lQigB, 715. 
 
 Effect of death of drawer of check as a rev- 
 ocation thereof. L.K./..1936A, 717. 
 
 § Z4c. — payment on forged check or 
 order. 
 
 Eiglit to recover back, see infra, § 29. 
 Liability of person whose signature is 
 
 forged on commercial paper generally, 
 
 see Bills and Notes, § 16. 
 
 Right of bank in respect to certified cheek 
 or draft fraudulently altered. 4 B. R. 
 C. 588. 
 Liability of bank which pays raised check. 
 
 5 B. E. C. 293. 
 Duty of government official to know signa- 
 ture of drawer of draft. L.R.A.1915D, 
 797. 
 Duty of a depositor having a checking ac- 
 count with a bank to examine pass 
 book and vouchers upon their re- 
 turn from the bank. L.R.A.1915D, 
 741. 
 In general. L.R.A.1915D, 742. 
 
 Doctrine that an examination is re- 
 quired. L.R.A.1915D, 742. 
 Time of examination L.R.A. 
 
 1915D, 743. 
 Sufficiency of examination. 
 
 L.R.A.1915D, 743. 
 Delegation to agents. L.R.A. 
 
 1915D, 746. 
 Doctrine of account stated. 
 L.R.A.191.'5D, 746. 
 Doctrine that examination is not 
 required. L.R.A.1915D, 747. 
 Duty to examine for forged indorse- 
 ment. L.R.A.1915D, 748. 
 Effect of failure to comply with duty. 
 L.R.A.1915D, 750. 
 In case of a series of forgeries. 
 
 L.R.A.1915D, 752. 
 Necessity that bank show injury. 
 L.R.A.1915D, 752. 
 Eflfect of negligence of bank. L.R.A. 
 1915D, 753. 
 Duty of owner of certified check, or of 
 drawer of uncertified check, as to giving 
 notice of forgery, independently of 
 examination of vouchers. L.R.A.1916E, 
 909. 
 
 § 25. — payment to impostor or per- 
 son of same name. 
 
 Use of fictitious name in bill or note, see 
 Bills and Notes, § 13." 
 
 S 25a. Stopping payment. 
 
 Rights and liability arising out of failure 
 of bank to comply with order stopping 
 payment of check. L.R.A.1916F, 828. 
 Consult also L.R.A. Digests to date. 
 
 BANKS, V. n— cont'd. 
 
 § 26. Dishonoring check. 
 
 Right of holder of check to maintain action 
 thereon against bank. L.R.A. 1916C, 
 165. 
 
 Duty of bank to apply savings account to 
 check. L.R.A.1916A, 1222. 
 
 § 27, Paying out deposits generally. 
 
 Liability of bank for failure to prevent mis- 
 appropriation of funds by a fiduciary. 
 L.R.A.1915C, 518. 
 Payment of money deposited on joint ac- 
 count. L.R.A.1915D, 920. 
 In general. L.R.A.1915D, 920. 
 
 Extent of liability where payemnt 
 is made to one joint de- 
 positor. L.R.A.1915D, 921. 
 Trustees. L.R.A.1915D, 921. 
 
 Orders of court. L.R.A.1915D, 922. 
 Executors. L.R.A.1915D, 923. 
 Miscellaneous. L.R.A.1915D, 924. 
 
 § 28. Recovery back of money paid 
 out by bank. 
 
 § 29. — on forged paper. 
 
 Right of bank in respect to certified clicck 
 
 or draft fraudulently altered. 4 B. R. 
 
 C. 588. 
 Right of drawee of forged check or draft to 
 
 recover money paid thereon. L.R.A. 
 
 1915A, 77. 
 Right of drawee of check to recover money 
 paid on forged indorsement. L.R.A. 
 1916E, 539, 
 
 Generally. L.R.A.1910E, 539. 
 
 Warranty. L.R.A.1916E, 541. 
 
 Negligence. L.R.A.1916E, 543. 
 
 Raised checks. L.R.A.1916E, 544. 
 
 b. Collections. 
 
 § 31. Generally. 
 
 Criminal liability of collector of draft at- 
 tached to bill of lading for liquor. 46 
 L.R.A.(N.S.) 1139. 
 
 Rights and liabilities of assignee of bill 
 of lading with draft attached, as 
 against consignee who does not get the 
 goods or finds them defective. 52 
 L.R.A(N.S.) 241. 
 
 Right of discounter of draft as to property 
 covered by a bill of lading attached to 
 draft. 49 L.R.A. (N.S.) 644. 
 
 § 32. Title to, and disposition of, 
 collection or funds. 
 
 Title to check drawn on another bank which 
 has been credited to depositor. 47 
 
 L.R.A.(N.S.) 552. 
 
 § 33. Duty and liability of collect- 
 ing bank. 
 
 Criminal liability of bank collecting draft 
 attached to bill of lading for liquor. 
 46 L.R.A.(N.S.) 1139. 
 
 Rule or custom of clearing house relating 
 to time for presentation of checks as 
 affecting liability of collecting bank. 
 50 L.R.A. (N.S.) 542. 
 
4C 
 
 INDEX TO NOTES. 
 
 BANKS, V. h—confd. 
 
 § 33a. — for default of correspond- 
 ent. 
 
 Introduction. 52 L.E.A.(N.S.) 608. 
 Prior notes. 52 L.E.A. (N.S.) 610. 
 How the states divide between the opposing 
 
 doctrines. 52 L.R.A.{N.S.) 611. 
 Collecting commercial paper legitimate 
 
 banking. 52 L.E.A. (N.S.) 612. 
 The consideration for the contract to col- 
 lect commercial paper. 52 L.R.A. 
 (N.S.) 612. 
 Ordinary bank duty respecting collections. 
 
 52 L.E.A.(N.S.) 616. 
 Subagencies, express and implied. 52 
 
 L.R.A.(N.S.) 619. 
 The implied contract of a bank taking out- 
 of-town collections. 52 L.E.A. 
 (N.S.) 621. 
 The Massachusetts rule — reasoning 
 and applications. 52 L.E.A. 
 (N.S.) 621. 
 The Massachusetts rule — adverse 
 criticism and argument. 52 L.E.A. 
 (N.S.) 623. 
 The New York doctrine, the antithesis 
 of the Massachusetts rule. 52 
 L.E.A.(N.S.) 625. 
 The New York doctrine in other ju- 
 risdictions. 52 L.E.A.(N.S.) 628. 
 The liability of a bank intrusted with ne- 
 gotiable paper to collect, as affect- 
 ed by a transfer of title to the pa- 
 per. 52 L.E.A.(N.S.) 630. 
 When restrictively indorsed. 52 L.E.A. 
 (N.S.) 633. 
 Effect of special contract. 52 L.E.A. (N.S.) 
 
 634. 
 Nature of contract the test pf bank's lia- 
 bility. 52 L.E.A. (N.S.) 635. 
 Effect of banking customs and usages. 52 
 
 L.E.A.(N.S.) 637. 
 Collecting banks as subagents. 52 L.E.A. 
 
 (N.S.) 639. 
 Obedience to instructions. 52 L.E.A. (N.S.) 
 
 642. 
 The ground of liability. 52 L.E.A. (N.S.) 
 
 643. 
 The dutv to choose a suitable agent. 52 
 
 L.E.A.(N.S.) 648. 
 Duty to get money for paper taken to col- 
 lect. 52 L.E.A.(N.S.) 652. 
 Effect of taking paper in payment of col- 
 lections. 52 L.E.A. (N.S.) 653. 
 Notaries public as subagents. 52 L.E.A. 
 
 {N.S.) 656. 
 Necessity of proving damage. 52 L.E.A. 
 
 (N.S.) 660. 
 Eights and remedies against under- and 
 
 sub-agents. 52 L.E.A. (N.S.) 663. 
 Conclusion. 52 L.E.A. (N.S.) 667. 
 
 1-. Other transactions; discounts. 
 
 § 36. Generally. 
 
 Power of bank to pledge assets to secure 
 depositor. 45 L.E.A. (N.S.) 950. 
 
 Presumption and burden of proof as to 
 negligence in case of embezzlement of 
 property while in possession of bank as 
 bailee. 43 L.E.A. (N.S.) 1190. 
 
 Segin with this hoolc on every law question. 
 
 BANKS, V. c—confd. 
 
 Liability of bank for interest on money de- 
 posited with it to secure performance 
 of contract or decree, or to indemnify 
 against losses or claims. 52 L.E.A. 
 (N.S.) 522. 
 
 § 37a. Discounts. 
 
 Eight of bank discounting draft as to prop- 
 erty covered by a bill of lading at- 
 tached to draft. 49 L.E.A. (N.S.) 644. 
 
 Amount of discount as putting purchaser of 
 negotiable paper on inquiry. 44 L.E.A. 
 (N.S.) 404. 
 
 Taking interest in advance. L.E.A.1915D, 
 1196. 
 
 A. Clearing-house business, 
 
 § 38. Generally. 
 
 Eule or custom of clearing house relating to 
 time for presentation of checks as af- 
 fecting liability of collecting bank. 60 
 L.E.A.(N.S.) 542. 
 
 TI. Insolvency of hanTe, 
 
 § 39. Generally. 
 
 Liability for loss of deposit by, see supra, 
 § 16. 
 
 Constitutionality of statute authorizing of- 
 ficer to take charge of assets of bank 
 upon suspicion of insolvency. L.E.A. 
 1915E, 675. 
 
 Liability of one to whom an insolvent bank 
 has paid a check. 50 L.E.A. (N.S.) 239. 
 
 § 40. Preferences. 
 
 Common-law priority of state or United 
 States in payment from assets of in- 
 solvent bank. 46 L.E.A. (N.S.) 260. 
 Liability of one to whom an insolvent bank 
 lias paid a check. 50 L.E.A. (N.S.) 239. 
 Eights, against receiver, as to paper de- 
 posited before, but not collected at 
 the time, the bank closed its doors. 
 L.E.A.1915D, 402. 
 In general. L.E.A.1915D, 402. 
 Where title to paper passed to bank by 
 the terms of the deposit contract. 
 L.E.A.1915D, 404. 
 Where officers of the bank knew of its 
 insolvency at time of deposit. 
 L.R.A.1915D, 404. 
 Where unauthorized act of bank had 
 given it apparent title, L.E.A. 
 1915D, 406. 
 Eight of purchaser of a draft from a bank 
 to lien or preference to collateral in 
 hands of drawee upon insolvency of the 
 drawer. L.E.A.1915B, 438. 
 
 § 42. Right of set-o£F. 
 
 See SET-Orp anb Counteecl.um, § 19a. 
 
 VIi: Savings hanlcs. 
 
 § 43. Generally. 
 
 Gift of deposit in, see supra, §§ 12, 13. 
 
 Duty of bank to apply savings account to 
 check. L.E.A.1916A, 1222. 
 
INDEX TO NOTES. 
 
 47 
 
 BANKS, YU.— cont'd. 
 
 Right to withdraw deposit from savings 
 
 bank without presenting pass book. 46 
 
 L.E.A.(N.S.) 194. 
 
 VIII. National batiks. 
 
 § 45. Generally. 
 
 State taxation of, see Taxes, § 7. 
 
 Power of national bank to acquire and hold 
 
 stock of other corporations. L.R.A. 
 
 1916A, 584. 
 
 Eight to receive stock in payment of 
 pre-existing debt. L.R.A. 1916A, 
 585. 
 
 Eight to take stock as collateral securi- 
 ty. L.E.A.191GA, 586. 
 
 Ultra vires as defense by national bank. 
 L.E.A.1916A, 587. 
 
 • X. Taxation. 
 
 S 50. 
 
 •Of national banks, see Taxes, § 7. 
 As to corporate taxation generally, see Tax- 
 es, II. 
 
 XI. Crimes. 
 
 § 51. Generally. 
 
 Power of legislature to provide that failure 
 of bank shall be prima facie evidence 
 of knowledge of insolvency at time of 
 receiving deposit. L.E.A.1915C, 732. 
 
 BAR. 
 
 Of statute of limitations, see Limitation of 
 Actions. 
 
 BARN. 
 
 AVhat passes under bequest of contents of 
 property and effects contained in. 
 L.E.A.1915C, 653. 
 
 BARRIERS. 
 
 In highway, see Highways, § 73. 
 
 BARS. 
 
 See also Gates. 
 
 Right to maintain, across easement of way. 
 
 48 L.R.A.(N.S.) 87. 
 
 BASEBAI.I.. 
 
 Liability of owners of base ball park or of 
 management of base ball exhibition for 
 safety of patrons. L.R.A. 1915F, 694. 
 Consult also L.R.A. niifests to date. 
 
 BASTARDY. 
 
 § 1. Generally. 
 
 As to legitimacy and illegitimacy generally, 
 see Illegitimates. 
 
 Existence of bastard child as ground for 
 divorce or annulment of marriage. 
 L.R.A.1916E, 652. 
 
 § 2. Bastardy proceedings. 
 
 Necessity of guardian ad litem for infant 
 in bastardy proceeding. 52 L.R.A. 
 (N.S.) 799. 
 
 § 4. — evidence in. 
 
 Competency of woman to testify to nonac- 
 cess of husband. L.R.A.1916B, 1053. 
 
 Evidence of specific instances of unchattity. 
 L.R.A.1916B, 969. 
 
 Power of legislature to enact prima facie 
 rule of evidence. L.R.A.lOloC, 733. 
 
 § 5. Iiiability on bond; punishment. 
 
 Enforcing order for payment of money in 
 bastardy proceeding by imprisonment 
 as imprisonment for debt. L.R.A. 
 1915B, 651. 
 
 BATHING RESORT. 
 
 Private action for violation of statute de- 
 signed' to promote safety of sea batlu>rs» 
 L.R.A.1915E, 561. 
 
 Liability of owner for safety of patrons. 
 L.E.A.1915r, 698. 
 
 BATTERY. 
 
 See Assault and Battery. 
 
 BAAVDYHOUSE. 
 
 See Disorderly Houses. 
 
 BAY WINDOWS. 
 
 Bay window extending beyond line as vio- 
 lation of building restriction. 52 
 L.E.A.(N.S.) 1044, 1052. 
 
 BEAR. 
 
 Liability for injury by. 62 L.R.A. (N.S.) 378. 
 
 BED. 
 
 Under water, rights in, see Waters, I. e, 3. 
 
48 
 
 INDEX TO NOTES. 
 
 BEES. 
 
 As to intoxicating liquors generally, see 
 Intoxicating Liquoks. 
 
 Judicial notice that beer is intoxicating. 
 48 L.E.A.(N.S.) 309, 316. 
 
 BEI.IEF. 
 
 Effect of, on criminal responsibility, see 
 Criminal Law, § 13. 
 
 BENEFICIARIES. 
 
 Of charitable bequest, see Chakities. 
 In insurance policies or certificates, see In- 
 surance. , 
 Of will, see Wills, V. f. 
 
 BENEFITS. 
 
 Right to set-off against damages, see Dam- 
 ages. 
 Estoppel by receiving, see Estoppel, § 32. 
 
 BENEVOLENCE. 
 
 Device or bequests for, see Charities. 
 
 BENEVOLENT SOCIETIES. 
 
 § 1. Generally. 
 
 As to associations generally, see Associa- 
 tions. 
 Insurance by, see Insurance. 
 
 Liability of lessor of property leased for 
 lodge room for personal injuries to pa- 
 tron. L.R.A.1916F, 1329. 
 Use of lodge or club building for entertain- 
 ment or social purposes as affecting 
 right to exemption from taxation. 
 L.R.A.1915F, 694. 
 Right of benevolent society to protection 
 against use of name, insignia, ritual, 
 etc. by another organization. L.E.A. 
 1915B, 1074. 
 Right to property of local branch of benefit 
 society in event of secession or at- 
 tempted secession. 47 L.R.A. 
 (N.S.) 927. 
 Rights as between seceding majority 
 and loyal minority of subordinate 
 body. 47 L.R.A.(N.S.) 928. 
 Rights as between members of subor- 
 dinate lodge and parent organiza- 
 tion. 47 L.R.A. (N.S.) 929. 
 Conclusiveness of decisions of tribunal of 
 mutual benefit associations directly 
 upon claims for benefits; and duty to 
 exhaust remedies within association. 
 .52 L.R.A.(N.S.) 823. 
 
 BENEVOLENT SOCIETIES— comrd. 
 § 3a. Expulsion or suspension of . 
 member. 
 
 Conclusiveness of decision of tribunal of 
 mutual benefit society suspending or ex- 
 pelling a member. 52 L.R.A. (N.S.) 
 806. 
 
 Necessity of exhausting remedies within or- 
 der against decision expelling or sus- 
 pending a member from a mutual bene- 
 fit association. 52 L.R.A.(N.S.) 817. 
 
 §' 4. Regulations; by-laws. 
 
 Right of physician to complain of regula- 
 tions of beneficial association or em- 
 ployer as to employment of physician. 
 L.R.A.1916B, 839. 
 
 Requiring remedies within the order to be 
 exhausted as condition precedent to ac- 
 tion on claim for benefits. 52 L.R.A. 
 (N.S.) 823. 
 
 Validity of provision as to conclusiveness 
 of decision of tribunals directly upon 
 claims for benefits. 52 L.R.A. (N.S.^ 
 823. 
 
 BEQUEST. 
 
 See Wills, V. 
 
 BERTH. 
 
 Constitutionality of statute requiring uit- 
 oficupied upper berth to be left closed. 
 L.R.A.1916A. 1139: 
 
 BERTILLON SYSTEM. 
 
 Right to take or retain in rogues' gallery 
 picture of one accused of crime. L.R.A. 
 1916A, 743. 
 
 BEST EVIDENCE. 
 
 See Evidence, IV. 
 
 BETROTHED. 
 
 See FianciSe. 
 
 BETTERMENTS. 
 
 See Improvements. 
 
 BETTING. 
 
 As to wagering contracts, see Coxtracts, 
 
 IV. c. 
 As to avowed betting and wagering, see 
 
 Gaming. 
 
 Begin with this hook on every, law qnestion. 
 
INDEX TO KOTES. 
 
 49 
 
 BEVERAGE. 
 
 See Intoxicating Liquoes. 
 
 BIAS. 
 
 Effect of, to disqualify one to serve as com- 
 missi onei- or juror in eminent domain 
 proceedings. 47 L.E.A.{N.S.) 151. 
 
 BIBLE. 
 
 Beading x)f, in public schools. L.R.A.1915D, 
 941. 
 
 BICYCIiES. 
 
 As to motorcycles, see Motobcycles. 
 
 Indemnity for injury to, or loss of bicycle 
 as insurance. 47 L.R.A.(N.S.) 298. 
 
 BIDS. 
 
 At judicial sale, see Judicial Sale, § 7a. 
 For public contracts, see Contracts, §§ 159, 
 ]60, 160a. 
 
 Accepting bid with knowledge of mistake as 
 to subject-matter. 43 L.R.A.(N.S.) 654. 
 
 BILLS. 
 
 See Statutes. 
 
 BIGAMY. 
 
 § 1. Generally. 
 
 Bigamous marriage, as void or voidable. 
 
 L.E.A.1916C, 711. 
 Former jeopardy in case of. L.R.A.1915A, 
 
 256. 
 
 § 2. E-rideace and tritnesses on prose- 
 cution for. 
 
 Presumptions flowing from marriage cere- 
 mony. L.R.A.1915E, 186. 
 
 BILLBOARD. 
 
 In highway, see Highways, § 19a. 
 
 Liability of municipality for injury by fall- 
 ing' of sign. 51 L.R.A.(N.S.) 1077. 
 
 BILLHEAD. 
 
 Matter in billhead as part of contract or 
 as notice affecting the rights of the 
 parties. L.R.A.1916D, 1072. 
 Consult also L.B.A. Dirjcsts to date. 
 
 43— '16F. 4 
 
 BILLS AND NOTES. 
 
 I. In general; nature, requisites, 
 and validity, §§ 1—23. 
 
 a. In general, §§ 1—9. 
 
 h. Validity generally; charac- 
 ter of parties; forgery; de- 
 livery, §§ 16, 17. 
 
 c. Consideration, § 18. 
 
 d. Negotiability, §§ 19—23. 
 III. Indorsement and transfers gen- 
 erally, §§ 26— 3i. 
 
 ir. Rights of transferee, §§ 35-4:2. 
 
 a. Extent of rights and protec- 
 
 tion generally, §§ 35— 38a. 
 
 b. Who protected as bona flde 
 
 purchasers, §§ 39—4:2. 
 V. Presentment; demand; notice; 
 protest, §§ 43—53. 
 TI. Maturity; extension; renewal, §§ 
 54-57. 
 VII. Payment; discharge, §§ 58—60. 
 VIII. Actions and defenses, §§ 61—72. 
 IX. Recovery back of payments, § 7.3. 
 X. Accommodation paper , §§ 74—77. 
 
 I. In general; nature, requisites, and 
 validity. 
 
 a. In general. 
 
 § 1. Generally. 
 
 Alteration of, see Alteration of Instru- 
 ments.- 
 Preference by bankrupt to indorser, see 
 Bankruptcy. 
 
 Matters peculiar to banking, see Banks, V. 
 
 Duty and liability of bank with respect to 
 checks, see Banks, V. 
 
 Collection of, by bank, see Banks, §§ 31-35. 
 
 Rights and liability of persons other than 
 banks on checks, see Checks. 
 
 Conflict of laws as to, see Conixict of 
 Laws, § 5. 
 
 For matters common to contracts generally, 
 see Contracts. 
 
 Date of, see Date, § 2. 
 
 Estoppel as to, by conduct, see Estoppel, 
 § 15. 
 
 Presumption and burden of proof as to, see 
 Evidence, § 95. 
 
 Parol evidence as to, see Evidence, VII. f. 
 
 Effect of fraud as to, see Fraud and De- 
 ceit, § 23. 
 
 Premium notes, see Insurance, § 111. 
 
 Intent of parties to, see Intent, § 9. 
 
 Interest on, see Interest. 
 
 Lost bills and notes, see Lost lNSTBU>rENTs, 
 § 2. 
 
 Mortgage to secure note, see MoRTCiOE. 
 
 Payment by, see Payment, § 11. 
 
 Collateral security for, see Pledge and Col- 
 lateral Secubitt. 
 
 Agent's authority as to, see Princip.4l and 
 Agent, §§ 16-18. 
 
 Effect of seal on commercial paper, see Seal. 
 
 Usurious interest on, see Usury. 
 
50 
 
 INDEX TO NOTES. 
 
 BILLS AND NOTES, I. a— cont'd. 
 Obtaining check, draft or bill of exchange 
 by false pretenses. L.E.A.1916E, 1106. 
 Competency to testify to possession of note 
 at one time in possession of the de- 
 cedent, where witness would be incom- 
 petent to testify directly to a trans- 
 action by which it is claimed decedent 
 parted with his possession. 45 L.R.A. 
 (N.S.) 583. 
 Instnunent naming in alternative two or 
 more payees. 50 L.E.A. (N.S.) 
 1097. 
 In general. 50 L.R.A.(N.S.) 1097. 
 Eight to transfer. 50 L.R.A. (N.S.) 
 1099. 
 Under negotiable instruments law. 
 50 L.R.A.(N.S.) 1099. 
 Ownership of paper payable to ''rector or 
 olficers of a corporation. 50 L.R.A. 
 (N.S.) 1115. 
 
 § 3. Nature; form. 
 
 Effect of note made payable to order of 
 maker and another. L.R.A.1916D, 763. 
 
 § 5. Effect of giving or accepting. 
 
 Givinn- note as loss or damage within con- 
 tract of indemnity. 48 L.R.A. (N.S.) 195. 
 
 § 6. — 1>y partnership or mesniber 
 thereof. 
 
 See Partnership, §§ 9, 12. 
 
 § 7. Effect of attaching draft to bill 
 of lading. 
 
 Criminal liability of collector of draft at- 
 tached to bill of lading for liquor. 46 
 L.R.A. (N.S.) 1139. 
 Rights and liabilities of assigTiee of bill of 
 lading with draft attaclied as against 
 consignee who does not get the goods 
 or finds them defective. 52 L.R.A. 
 (N.S.) 241. 
 Right of discounter of draft as to property 
 covered by a bill of lading attached 
 to draft. 49 L.R.A. (N.S.) 644. 
 Right as against creditors of shipper. 
 49 L.R.A.(N.S.) 646. 
 Discounter supplying funds for 
 purchase. 49 L.R.A. (N.S.) 
 648. 
 Right as against the consignee. 49 
 
 L.R.A.(N.S.) 649. 
 Right as against carrier. 49 L.R.A. 
 
 (N.S.) 651. 
 Right where bill of lading is not in- 
 dorsed. 49 L.R.A. (N.S.) 652. 
 Right as affected by state of accounts 
 between discounter and shipper. 
 49 L.R.A.(N.S.) 654. 
 Miscellaneous. 49 L.R.A. (N.S.) 657. 
 
 b. Validity generally; character of par- 
 ties; forgery; delivery. 
 
 § 10. Generally. 
 
 Validity of stipulation for attorneys' fees. 
 L.R.A.1915B, 928. 
 
 Begin with this 6oo7c on every law question 
 
 BILLS AST) NOTES, I. h— cont'd. 
 
 Validity of note issued in payment of cor- 
 porate stock under a provision against 
 issuing stock except for money, labor 
 done, or money or property actually 
 received. 52 L.R.A. (N.S.) 454. 
 
 What misrepresentations as to the contents 
 of an instrument will render it void in 
 law. 4 B. R. C. 663. 
 
 Validity of mortgage given to secure im- 
 perfectly executed note. 44 L.R.A. 
 (N.S.) 1153. 
 
 Intoxication as defense to bill or note in 
 hands of bona fide holder. 46 L.R.A. 
 (N.S.) 212. 
 
 Note procured by threat of prosecution of 
 relative. L.R.A.1915D, 1118. 
 
 § 11. Authority to execute. 
 
 Authority to indorse, see infra, § 27. 
 
 Powers of corporation as to, see Corpora- 
 tions, § 30. 
 
 Rights and powers of corporate officers as 
 to, see Corporations, § 45. 
 
 Powers of guardian as to, see Guardian and 
 Ward, § 6. 
 
 Powers of partners as to, see Partnership, 
 § 9. 
 
 § 12. "Who liable. 
 
 Liability of corporate officer on, see Cobpo- 
 
 BATIONS, § 55. 
 Liability of partnership or its members on, 
 
 see Partnership, § 12. 
 Liability of principal, see Principal and 
 
 Agent, §§ 16-18. 
 
 Liability of public officer on negotiable pa- 
 per. 43 L.R.A.(N.S.) 565. 
 
 § 13. 'Use of fictitious names. 
 
 Payment of cheek made, payable to fictitious 
 person, see Banks, § 25. 
 
 When is a negotiable instrument deemed 
 payable to the order of a fictitious 
 person within the rule which re- 
 gards such an instrument as pay- 
 able to bearer. 3 B. R. C. 761. 
 
 Necessity that party sought to be 
 charged to be aware of the fic- 
 titious character of the pavee. 3 
 B. K. C. 761. 
 
 Use of name of real person in desig- 
 nating payee. 3 B. R. C. 772. 
 
 Mere misnomer or mistake in name. 
 3 B. R. C. 773. 
 
 Designation of payee in form not im- 
 porting a person. 3 B. R. C. 774. 
 
 Dissolved firm; nonexistent corpora- 
 tion. 3 B. R. C. 774. 
 
 § 16. Forgery. 
 
 Alteration of, see Alteration of Instru- 
 ments. 
 
 Liability of bank for paying forged check, 
 see Banks, § 24. 
 
 Forgery of, as a crime, see Forgery. 
 
 Right of drawer of forged check or draft 
 to recover money paid thereon. L.R.A. 
 1915A, 77. 
 
 Duty of government official to know signa- 
 ture of drawer of draft. L.R.A.] 915D, 
 797. 
 
INDEX TO NOTES, 
 
 51 
 
 BIIjLS and notes, I. h— cont'd. 
 § 17. DeliTery. 
 
 Right to recover on a bill or note stolen 
 before delivery. L.R.A.1915E, 351. 
 
 c. Consideration, 
 
 § 18. Generally. 
 
 Failure of consideration as a defense, see 
 infra, $ 66. 
 
 Right to recover on obligation given for a 
 consideration which is unlawful under 
 the law of the place where the obliga- 
 tion is payable, but good under the law 
 of the place where it was executed. 4 
 B. R. C. 374. 
 
 Necessity of new consideration to bind third 
 person who signs as surety, indorser, 
 or guarantor after execution and de- 
 liverv of original note by principal. 44 
 L.R.A.(N.S.) 481. 
 
 d. Negotiability. 
 
 § 19. Generally. 
 
 Alteration of note by adding or changing 
 
 words affecting negotiability. L.R.A. 
 
 1915A, 173. 
 
 Reservation of title of property as affecting 
 
 negotiability of note for purchase 
 
 price. 43 L.R.A.(N.S.) 945. 
 
 Modifications of the rule. 43 L.R.A. 
 
 (N.S.) 946. 
 Eflfeet of statute. 43 L.R.A.{N.S.) 946. 
 Effect on negotiability of promissory note 
 of provision permitting extension of 
 time. 49 L.R.A. (N.S.) 132. 
 
 § 20. Vrkat instruments are negotia- 
 ble. 
 
 Instrument naming in alternative two or 
 more payees. 50 L.R.A. (N.S.) 1097. 
 
 § 21. Certainty as to time. 
 
 Effect on negotiability of promissory note 
 of provision permitting extension of 
 time. 49 L.R.A. (N.S.) 132. 
 Provision accelerating maturity as affecting 
 negotiability. L.R.A.i915B, 472. 
 Option of maker. L.R.A.1915B, 472. 
 Failure to pay instalment. L.R.A. 
 1915B, 472. 
 Instalments of interest. L.R.A. 
 1915B, 472. 
 - Upon failure to comply with conditions 
 of mortgage. L.R.A.1915B, 473. 
 Failure to furnish additional securitv. 
 
 L.R.A.1915B, 473. 
 When payee deems himself insecure. 
 
 L.R.A.1915B, 473. 
 Miscellaneous provisions. L.R.A.1915B, 
 473. 
 
 S 22. Certainty as to amount. 
 
 Provisions for attorneys' fees as affecting 
 negotiability. L.R.A.1916B, 675. 
 Decisions prior to adoption of negoti- 
 able instrument law, in ab- 
 sence of special statute. L.R.A. 
 1916B, 675. 
 Consult also LB,. A. Digests to date. 
 
 BILLS AND NOTES, I. &— cont'd. 
 
 Negotiability as affected by the 
 question whether the provision 
 for attorneys' fees is for a defi- 
 nite amount. L.R.A.1916B, 
 675. 
 Negotiability as affected by the 
 condition upon which the fee 
 is payable. L.R.A.1916B, 677. 
 Negotiability as affected by validi- 
 ty or invalidity of provision. 
 L.R.A.191CB, 677. 
 General rules regarding negotiabil- 
 ity. L.R.A.1916B, 678. 
 Upholding negotiability. 
 
 L.R.A.1916B, 678. 
 Denying negotiability. L.R.A. 
 1916B, 682. 
 Effect of provision in note that 
 it is "negotiable." L.R.A. 
 1916B, 684. 
 Decisions under negotiable instrument 
 
 law. L.R.A.1916B, 684. 
 Other statutes. L.R.A.1916B, 685. 
 Negotiability as affected by provision for 
 discount in event of payment before 
 maturity. L.R.A.1915E, 564. 
 Negotiability of note providing for interest 
 after maturity. L.R.A.1915B, 
 1216. 
 Provisions for payment of interest from 
 date if not paid at maturity. 
 L.R.A.1915B, 1218. 
 
 ///. Indorsement and transfers gener- 
 ally. 
 
 § 26. Generally. 
 
 Rights of one to whom paper is transferred 
 without indorsement, see infra, § 37. 
 
 Of checks, see Checks, § 6. 
 
 Parol evidence as to, see Evidence, VII. f. 
 
 Purchase of paper at discount as usury, see 
 UscKT, § 8a. 
 
 Right of indorser to offset obligation as 
 against assignee of debt due from him 
 to the principal. 46 L.R.A. (N.S.) 62. 
 
 Reservation of rights against parties sec- 
 ondarily liable on a bill or note upon 
 granting extension of time to party pri- 
 marily liable as preventing discharge of 
 former. 46 L.R.A. (N.S.) 92. 
 
 Are conveyances by indoraers within statute 
 as to fraudulent conveyances. 47 L.R.A. 
 (N.S.) 321. 
 
 § 27. Power to transfer or indorse. 
 
 Power of agent, see Pbincipal and Agent, 
 § 18. 
 
 Instrument naming in alternative two or 
 I more payees. 50 L.R.A. (N.S.) 1097. 
 
 § 28. Various forms and purposes of 
 indorsement. 
 
 Necessity of new consideration to bind third 
 person who signs as indorser after 
 execution and delivery of original note 
 by principal. 44 L.R.A. (N.S.) 481. 
 
 Individual partner who indorses note made 
 by firm as "a person not otherwise a 
 party" to the instrument within uni- 
 form negotiable instrument law. 52 
 L.R.A.(N.S.) 225. 
 
S2 
 
 INDEX TO NOTES. 
 
 BILLS AND NOTES, 111.— cont'd. 
 § 29. — irregnlar-indorsement. 
 
 Character of liability of tliird pai'ty who 
 indorses his name in blank on non- 
 negotiable paper before delivery. 
 L.E.A.1916D, 223. 
 What irregular indorsement of non- 
 negotiable paper imports. 
 L.R.A.1916D, 224. 
 Special statutes. L.K.A.1916D, 
 
 225. 
 No contract implied. L.R.A.1916D, 
 227. 
 What such Indorsement before deliverv 
 to give credit imports. L.R.A. 
 1916D, 228. 
 Liability according to intention. L.K.A. 
 
 1916D, 231. 
 Sealed notes. L.R.A.1916D, 236. 
 Miscellaneous. L.R.A.1916D, 237. 
 
 § 31. Guaranty generally. 
 
 Transfer of title to note by indorsement in 
 form of guaranty. L.R.A.1915C, 661. 
 
 Necessity of new consideration to bind third 
 person who signs as guarantor after 
 execution and delivery of original note 
 by principal. 44 L.R.A. (N.S.) 481. 
 
 IV. Rights of transferee. 
 
 a. Extent of rights and protection 
 generally. 
 
 § 35. Generally. 
 
 Estoppel to contest commercial paper by 
 representations to prospective pur- 
 chasers. 50 L.R.A. (N.S.) 1023. 
 Right of purchaser with notice from bona 
 iide holder to same protection as 
 latter. 50 L.R.A. (N.S.) 74. 
 Exception where bona fide holder re- 
 transfers paper to payee. 50 
 L.R.A.(N.S.) 78. 
 
 § 36. Paper transferred after ma- 
 turity. 
 
 Extent of liability of indorser or assignor 
 of bill or note transferred after ma- 
 turity at a discount. 47 L.R.A. (N.S.) 
 246. 
 
 Availability as against transferee of ne- 
 gotiable paper after maturity, of equi- 
 ties or defenses against intermediate 
 indorsers. 50 L.R.A. (N.S.) 87. 
 
 Right of purchaser after maturity from 
 bona fide holder, to the same protec- 
 tion as the latter. 50 L.R.A. (N.S.) 83. 
 
 Payment to prior party as a defense against 
 one to whom paper was transferred 
 after maturity. L.R.A.1915E, 395. 
 
 § 37. Paper transferred -without in- 
 dorsement. 
 
 Effect of production of bill or note not 
 transferable by delivery to establish 
 prima facie plaintiff's title to note. 50 
 L.R.A.(N.S.) 581. 
 
 § 38. Of bona fide holders. 
 
 Intoxication as defense to bill or note in 
 hands of bona fide holder. 46 L.R.A. 
 (N.S.) 212. 
 
 Begin with this booTc on every law question. 
 
 BILLS AND NOTES, IV. a,— cont'd. 
 
 Right of purchaser after maturity from 
 bona fide purchaser to the same pro- 
 tection as the latter. 50 L.R.A. (N.S.) 
 83. 
 
 Right of bona fide holder to recover on a 
 bill or note stolen before deliveiy. 
 L.R.A.1915E, 352. 
 
 § 38a. — effect of fraud in execution 
 or character of paper. 
 
 What misrepresentations :jt to the contents 
 of an instrument will render it void in 
 law. 4 B. R. C. 663. 
 
 J>. Who protected as bona fide purchas- 
 ers. 
 
 § 41. Effect of alteration of note on 
 bona fides. 
 
 Filling blanks contrary to instructions. 5 
 B. R. C. 710. 
 
 § 42. Notice of equities. 
 
 Right of purchaser with notice from bona 
 fide holder to same protection as latter. 
 50 L.R.A.(N.S.) 74. 
 Is officer or employee of corporation charge- 
 able with its knowledge of infirmities 
 in commercial paper purchased from it. 
 48 L.R.A.(N.S.) 65; L.R.A.1915D, 1099. 
 What circumstances are sufficient to put 
 a purchaser of negotiable paper on 
 inquiry. 44 L.R.A. (N.S.) 395. 
 General principles. 44 L.R.A. (N.S.) 
 
 397. 
 Application. 44 L.R.A. (N.S.) 398. 
 
 Knowledge of other transactions 
 of indorser. 44 L.R.A. (N.S.) 
 400. 
 Overdue interest. 44 L.R.A. (N.S.) 
 
 40]. 
 Knowledge of consideration or col- 
 lateral agreement. 44 L.R.A. 
 (N.S.) 402. 
 Indorsement without recourse. 44 
 
 L.R.A.(N.S.) 402. 
 Words indicating representative or 
 fiduciary character. 44 L.R.A. 
 (N.S.) 403. 
 Reputation or business of indorser,^ 
 
 44 L.R.A.(N.S.) 403. 
 Maker a stranger to purchaser. 44 
 
 L.R.A.(N.S,) 404. 
 Corporation or partnership paper. 
 
 44 L.R.A.(N.S.) 404. 
 Amount of consideration paid by 
 purchaser. 44 L.R.A. (N.S.) 
 404. 
 Postdated checks. 44 L.R.A. 
 
 (N.S.) 405. 
 Date of offering for sale. 44 L.R.A. 
 (N.S.) 405. 
 Does the fact that a draft or check is pay- 
 able to the order of a bank put it upon 
 inquiry as to right or title cf holder 
 L.R.A.1915B, 287. 
 Notice imported to holders by commercial 
 paper payable to a public body or of- 
 ficer thereof. L.R.A.1915B, 725. 
 
INDEX TO NOTES. 
 
 53 
 
 BILLS AND NOTES, IV. h— cont'd. 
 Failure of executory consideration for bill 
 or note as affecting purchaser 
 with knowledge of the character 
 of the consideration. 46 L.R.A. 
 (N.S.) 862. 
 General principles. 46 L.R.A. (N.S.) 
 
 862. 
 Illustrative cases. 46 L.R.A. (N.S.) 865. 
 Miscellaneous executory contracts. 
 
 46 L.R.A.(N.S.) 865. 
 Executory warranties. 46 L.R.A. 
 
 (N.S.) 868. 
 Future rent. 46 L.R.A. (N.S.) 869. 
 Failure of payee's title. 46 L.R.A. 
 
 (N.S.) 870. 
 Insurance cases. 46 L.R.A. (N.S.) 
 
 871. 
 Bohemian oats and similar cases. 
 46 L.R.A.(N.S.) 873. 
 Knowledge that instrument was signed in 
 blank as affecting bona fides of taker 
 after blanks have been filled contrary 
 to instructions. 5 B. R. C. 710. 
 
 T'. Presfnitment; demand; notice; pro- 
 test, 
 
 § 45. AVairer. 
 
 § 46. — implied fvaiver. 
 
 Implied waiver of presentment and notice 
 
 by indorser before maturity. 
 
 L.R.A.1916B, 944. 
 Promise to renew. L.R.A.1916B, 944. 
 Agreement by indorser to pay. L.R.A. 
 
 1916B, 944. 
 Extension or request for extension. 
 
 L.R.A.1916B, 944. 
 Taking security. L.R.A.1916B, 944. 
 Miscellaneous cases. L.R.A.1916B, 944. 
 
 VI. Maturity; extension; renewal. 
 
 § 54. Generally. 
 
 Certainty as to maturity as affecting 
 negotiability, see supra, § 21. 
 
 Rights of holder of paper transferred aftej 
 maturity, see supra, § 36. 
 
 Difference between note and mortgage af- 
 fecting maturity. 46L.R.A.(N.S.) 475. 
 
 Effect of acceleration provision in mortgage 
 or note to start statute of limitations 
 running. 51 L.R.A. (N.S.) 151. 
 
 § 56. Extensioa of time; delay; re- 
 nevral. 
 
 Conflict of laws as to usury in renewal con- 
 tracts. L.R.A.1916D, 756. 
 
 Renewal of conditional sale note as affecting 
 right of seller or the intervening rights 
 of third persons to the property. L.R.A. 
 1916A, 927. 
 
 Effect on negotiability of promissory note 
 of provision permitting extension of 
 time. 49 L.R.A. (N.S.) 132. 
 
 § 57. — release of party 1>y. 
 
 Extension of time to corporation as affect- 
 ing liability of officers or stoclcholders 
 wlio sign as sureties or indorsers. 47 
 L.R.A. (N.S.) 274. 
 Consult also L.B.A. Digests to date. 
 
 BILLS AND NOTES, VI.— cont'd. 
 
 Agreement to extend time for payment con- 
 ditional upon surety's consent as a re- 
 lease of the surety. L.R.A.1915C, 831. 
 
 § 57a. — consideration for subse- 
 quent agreement extending time 
 of payment. 
 
 Necessity of consideration. 52 L.R.A. 
 (N.S.) 333. 
 Instruments importing a consideration. 
 52 L.R.A.(N.S.) 334. 
 General rules. 52 L.R.A. (N.S.) 334. 
 Money consideration. 52 L.R.A. (N.S.) 
 336. 
 To one other than creditor. 52 L.R.A. 
 (N.S.) 337. 
 Promise to pay obligation. 52 L.R.A. (N.S.) 
 
 337. 
 Promise to pay in different place or man- 
 ner. 52 L.R.A.(N.S.) 338. 
 Agreement to pay, or payment of, another 
 debt. 52 L.R.A. (N.S.) 338. 
 , Agreement to pay. 52 L.R.A. (N.S.) 
 338. 
 Payment. 52 L.R.A. (N.S.) 338. 
 Debt of third person. 52 L.R.A.(N.S.) 
 339. 
 Payment of costs. 52 L.R.A. (N.S.) 339. 
 Giving of an additional security. 52 L.R.A. 
 
 (N.S.) 339. 
 Agreements void under statute of frauds. 
 
 52 L.R.A.(N.S.) 341. 
 Interest. 52 L.R.A. (N.S.) 341. 
 
 Agreements to pay. 52 L.R.A. (N.S.) 
 342. 
 Indefinite time. 52 L.R.A. (N.S.) 
 
 342. 
 Definite time. 52 L.R.A. (N.S.) 
 343. 
 Theory that agreement to pay 
 is a sufficient considera- 
 tion. 52 L.R.A.(N.S.) 
 343. 
 Theory that agreement to pay 
 is not a sufficient consid- 
 eration. 52 L.R.A.(N.S.) 
 347. 
 Agreements to pay higher rate. 
 
 52 L.R.A. (N.S.) 350. 
 Agreement to pay differently. 52 
 
 L.R.A.(N.S.) 350. 
 Agreement to pay before expira- 
 tion of extended period. 52 
 L.R.A. (N.S.) 351. 
 Note given for interest agreed to be 
 
 paid. 52 L.R.A. (N.S.) 351. 
 Payment of interest. 52 L.R.A. (N.S.) 
 352. 
 Due or past due. 52 L.R.A. (N.S.) 
 
 352. 
 Before due. 52 L.R.A. (N.S.) 352. 
 Before days of grace have exjnred. 
 
 52 L.R.A.(N.S.) 353. 
 Note given for interest due. 52 
 L.R.A.(N.S.) 353. 
 Payment of interest in advance. 52 
 L.R.A. (N.S.) 353. 
 Interest payable in advance by 
 contract or law. 52 L.R.A. 
 (N.S.) 355. 
 
54 
 
 INDEX TO NOTES. 
 
 BILLS AND NOTES, VI.— cont'd. 
 
 Payment in pursuance of a void 
 contract. 52 L.E.A.(N.S.) 355. 
 Payment in advance for part of 
 extended period. 52 L.R.A. 
 (N.S.) 355. 
 Payment of interest in advance as 
 evidence of an agreement. 52 
 L.R.A.(N.S.) 356. 
 Usurious interest. 52 L.E.A. (N.S.) 
 358. 
 Agreement to pay. 52 L.E.A. 
 (N.S.) 3.58. 
 Where agreement deemed to 
 be one to pay both legal 
 and usurious interest. 52 
 L.E.A. (N.S.) 359. 
 Note given. 52 L.E.A. (N.S.) 360. 
 Paid within extended period. 
 52 L.E.A.(N.S.) 361. 
 Payment. 52 L.R.A. (N.S.) 361. 
 Statute requiring or allowing 
 application on principal. 
 52 L.R.A.(N.S.) 363. 
 Payment for time already 
 elapsed. 52 L.R.A. (N.S.) 
 364. 
 Partial payment. 52 L.E.A. 
 
 (N.S.) 364. 
 Payment in advance. 52 
 L.E.A.(N.S.) 364. 
 Compound interest. 52 L.E.A. (N.S.) 
 366. 
 Partial payment, or agreement therefor. 
 52 L.R.A.(N.S.) 366. 
 Before maturity. 52 L.R.A.(N.S.) 366. 
 After maturity. 52 L.R.A. (N.S.) 367. 
 Agreements to pay. 52 L.R.A. 
 (N.S.) 367. 
 , Payment. 52 L.R.A. (N.S.) 367. 
 Part payment and avoidance of liti^a- 
 
 gation. 52 L.R.A.(N.S.) 368. 
 Of judgments. 52 L.R.A.(N.S.) 368. 
 
 Til. Payment; discharge. 
 
 § 58. Generally. 
 
 Presentment for payment and notice of non- 
 payment, see supra, V. 
 
 Of check, see Checks, § 8. 
 
 Liability of bank paying forged check, see 
 BAivTKS, § 24. 
 
 Payment by note, see Payment, § 11. 
 
 Effect of day for payment falling on Sun- 
 day. 3 B. R. C. 678. 
 
 § 59. EfEect of payment. 
 
 Payment to prior party as a defense against 
 one to whom paper was transferred aft- 
 er maturity. L.R.A.1915E, 395. 
 
 § 60. Authority to make. 
 
 Payment to one not in possession. L.R.A. 
 1916B, 860. 
 
 Till. Actions and defenses. 
 
 § 61. Generally. 
 
 Running of limitations against, see Limi- 
 tation OF Actions, § 23. 
 
 BILLS AND NOTES, VIII.— cont'd. 
 
 Is amount of attorneys' fees expressly stip- 
 ulated for in note to be included in 
 computing amount involved for purpose 
 of ascertaining jurisdiction. 49 L.R.A. 
 (N.S.) 600. 
 
 § 62. Right of action; -nrho may sne. 
 
 Right to recover on a bill or note stolen 
 before delivery. L.R.A.1915E, 351. 
 
 § 65. Defenses. 
 
 As to paper transferred or assigned, see 
 supra, IV. 
 
 Liability on forged paper, see supra, § 16. 
 
 Alteration as affecting subsequent bona fide 
 holder, see supra, § 41. 
 
 Alteration as a defense generally, see Al- 
 teration OF Instbuments. 
 
 What misrepresentations as to the contents 
 of an instrument will render it void in 
 law. 4 B. R. C. 663. 
 
 Right of an innocent payee to recover on 
 a note signed in blank and intrusted to 
 a third person who exceeds his author- 
 ity in filling up blanks before delivery 
 to payee. L.E.A.1915B, 144. 
 
 § 70. Evidence. 
 
 Admissibility of parol evidence to show to 
 which indorsement qualifying words be- 
 long. 49 L.R.A. (N.S.) 789. 
 
 Effect of production of bill or note not 
 transferable by. delivery to establish 
 prima facie plaintiff's title to note. 50 
 L.R.A.(N.S.) 581. 
 
 IX. Recovery back of payments. 
 
 § 73. Generally. 
 
 Recovery by bank of money paid out by it, 
 see Banks, §§ 28, 29. 
 
 Right of drawee of forged draft to recover 
 money paid thereon. L.R.A. 191 5A, 77. 
 
 X. Accomtnodation paper. 
 
 § 74. Generally. 
 
 Purchase of accommodation paper at dis- 
 count as usury. 43 L.R.A. (N.S.) 220. 
 
 BILI,S OF EXCHANGE. 
 
 In general, see Bills and Notes. 
 
 Obtaining bill of exchange by false pre- 
 tenses. L.R.A.1916E, 1106. 
 
 Begin with tliis boolc on every law question. 
 
 BILLS OF LADING. 
 
 § 1. Generally. 
 
 Bill of lading with draft attached, see Bills 
 
 AXD Notes, § 7. 
 Rights and liabilities of carriers under, see 
 
 Careieus, IV. b. 
 
INDEX TO NOTES. 
 
 55 
 
 BILiLS OF LADING— comi'd. 
 
 Retaining control of bill of lading to insure 
 payment as affecting suflSciency of de- 
 livery to carrier as compliance with 
 provision requiring delivery at place of 
 shipment. L.R.A.1915B, 537. 
 
 #»» 
 
 BIIXS OF REVIEW. 
 
 See Review. 
 
 BII.LS OF RIGHTS. 
 
 See Constitutional Law. 
 
 BILLS OF SALE. 
 
 Parol evidence to show that written instru- 
 , ment which on its face imports a com- 
 plete transfer was intended to operate 
 as a mortgage or pledge. L.R.A.1916B, 
 18. 
 
 Applicability of rule excluding parol evi- 
 dence to vary contract in favor of or 
 against a stranger to the contract. 
 L.R.A.1916A, 596, 607. 
 
 BIRTHS. 
 
 Physician's private records or memoranda 
 as evidence of. L.R.A.1915F, 803. 
 
 BITTERS. 
 
 Judicial notice of intoxicating character 
 of. 48 L.R.A.(N.S.) 307. 
 
 BLACKMAIL. 
 
 Cruel and unusual punishment for. 
 1915C, 566. 
 
 L.R.A. 
 
 BLACKSMITH. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of business as affected 
 by its territorial scope. L.R.A.1916C, 
 630. 
 
 BLANK. 
 
 § 1. Generally. 
 
 See also Alteration of Instruments. 
 Consult also li.IC.A. IHnests to date. 
 
 BLANK— TOiiTrf. 
 
 § Z. In bills, notes, or cliecks. 
 
 Implied or apparent authority to insert 
 date in blank in commercial paper. 
 L.R.A.19:6F, 1266. 
 
 Right of innocent payee to recover on a 
 note signed in blank and intrusted to 
 a third person who exceeds his authori- 
 ity in filling up blanks before delivery 
 to payee. L.R.A.1915B, 144. 
 
 Liability of maker, acceptor, or indorser of 
 commercial paper where blanks thereon 
 are filled up contrary to his instruc- 
 tions. 5 B. R. C. 702. 
 
 § 3. Indorsements in. 
 
 Character of liability of third party who 
 indorses his name in blank on non- 
 negotiable paper before delivery. 
 L.R.A.1916D, 223. 
 
 BLANKET ALLOWANCE. 
 
 For overhead charges in public service prop- 
 erty valuations. 48 L.R.A.(N.S.) 1052. 
 
 BLASTING. 
 
 § 1. Generally. 
 
 Liability for injury to person or property 
 from concussion caused by blasting. 
 L.R.A.1915E, 356. 
 
 § Z. Master's liability to servant for 
 injury by. 
 
 Liability of master fo'' injury caused by 
 unexploded charge left after blasting. 
 48 L.R.A.(N.S.) 931. 
 
 Liability of master for injuries due to 
 dangerous condition of earth and rock 
 left after blasting. 48 L.R.A.(N.S.) 
 925. 
 
 BLIND HORSE. 
 
 Driving blind horse as negligence, or con- 
 tributory negligence. 48 L.R.A. (N.S.) 
 141. 
 
 BLOCKADE. 
 
 Liability of insurer under policy of marine 
 insurance for losses arising out of state 
 of war. 5 B. R. C. 4. 
 
 BLOCK SIGNAL OPERATORS. 
 
 As fellow servants of trainmen, see ilASTEB 
 A^B Servant, § 149. 
 
56 
 
 INDEX TO NOTES. 
 
 BLOOD POISONING. 
 
 Following personal injury, effect on re- 
 covery. 48 L.R.A.(N.S.) 98. 
 
 BOARD. 
 
 § 1. Food and lodging. 
 
 At inn or hotel, see Innkebpees. 
 
 Implied authority of agent or employee to 
 bind principal for. L.R.A.1916B, 754. 
 
 Imprisonment for debt for beating board 
 bill. L.R.A.1915B, 649. 
 
 Right of married woman to maintain action 
 for board of third person living in the 
 home. 46 L.R.A.(N.S.) 238. 
 
 § Z. Public bodies. 
 
 Board of agriculture, see Board of Agricul- 
 ture. 
 
 County board, see CotrnTiES, § 12. 
 
 Board of trade, see Board of Trade. 
 
 Delegation of power to, see Constitutionai, 
 Law, § 15. 
 
 Mandamus to, see Mandamus, §§ 3-11. 
 
 Parol evidence to vary or supplement min- 
 utes of public body. 50 L.R.A.(N.S.) 
 09. 
 
 Validity of agreement by which compensa- 
 tion is dependent on success in procur- 
 ing a contract with. Ii.R.A.1915C, 823. 
 
 Power of board to appoint officer or to make 
 contract for term extending beyond its 
 own term. L.R.A.1915E, 581. 
 
 BOARD BILL. 
 
 Imprisonment for debt for beating board 
 bill. L.R.A.1915B, 649. 
 
 BOARDER. 
 
 Right of, to notice to redeem from tax 
 
 sale. 44 L.R.A.{N.S.) 676. 
 Liability of landlord for personal injury to 
 
 tenant's boarders. L.R.A.1916F, 1089. 
 
 » t » 
 
 BOARDING HOUSE. 
 
 As to hotels, see Innkeepers. 
 
 Liability of landlord for injury to guest in, 
 see Landlord and Tenant, IV. d, 4. 
 
 Power to require license to keep, see Li- 
 cense, § 30a. 
 
 Duty and liability of boarding-house keeper 
 
 with respect to property of boarder. 
 
 45 L.R.A.(N.S.) 31. 
 Serving liquor with meals by proprietor 
 
 thereof, as a sale thereof. 52 L.R.A. 
 
 (N.S.) 722. 
 Liability of innkeeper or boarding-house 
 
 keeper for theft from boarder. 3 B. R. 
 
 C. 316 
 
 BOARD OF AGRICULTURE. 
 
 Liability of state board of agriculture con- 
 ducting fair or exposition for injury 
 to patron. L.R.A.1915E, 469. 
 
 BOARD OF TRADE. 
 
 Membership in, as subject of taxation. 50 
 
 L.R.A. (N.S.) 255. 
 Right to subsidize enterprises. L.R.A.1916B, 
 
 1009. 
 
 BODILT INJURIES. 
 
 See Personal Injuries. 
 
 BODY EXECUTION. 
 
 See Execution, § 18. 
 
 BOHEMIAN OATS. 
 
 Failure of executory consideration for note 
 given for Bohemian oats as aflfecting 
 purchaser with knowledge of the char- 
 acter of the consideration. 46 L.R.A. 
 (N.S.) 873. 
 
 BONA FIDE HOLDER. 
 
 § 1. Generally. 
 
 Of bill or note, see Bills and Notes, §§ 38, 
 
 38a. 
 Of bond, see Bonds, § 23. 
 Of check, see Checks, § 6. 
 Of land, see Records and Recording Laws, 
 
 IV. b; Vendor and Purchaser, IV. 
 Of personalty, see Sale, XI. f. 
 
 Right of purchaser of, or creditors levying 
 on, goods sold for cash but delivered 
 without payment. 47 L.R.A. (N.S.) 
 173. 
 
 BONA FIDE RESIDENCE. 
 
 What constitutes residence entitling child to 
 the privileges of public schools. 51 
 L.R.A.(N.S.) 234. 
 
 Begin with this hook on every law question. 
 
 BONDHOLDERS. 
 
 Rights of, see Mortgage, § 34. 
 
INDEX TO NOTES. 
 
 57 
 
 BONDS. 
 
 /. In general, §§ 1—B. 
 II. For indemnity and security, §§ 6— 
 16. 
 a. In general, §§ 6—8. 
 J). Contractor's bond, §§ 9—10. 
 
 c. For fidelity of employees or 
 
 corporate officers, § 11. 
 
 d. Of public officers, §§ 12-15. 
 III. Commercial, government, and mu- 
 nicipal bonds, §§ 17—27. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Estoppel by, see Estoppel, II. 
 For general principles with respect to prin- 
 cipal and sureties, see Pbincipal and 
 
 StTKETT. 
 
 Release of sureties on, generally, see Pkin- 
 
 CIPAI, AND SUEETY, III. b. 
 
 Difference between bond and mortgage af- 
 fecting maturity. 46 L.E.A.(N.S.) 475. 
 
 Admissibility of parol evidence to vary con- 
 tract in favor of or against a stranger 
 to the contract. L.R.A.1916A, 601 , 612. 
 
 § 2. Execution. 
 
 V^alidity of mortgage given to secure im- 
 perfectly executed bond. 44 L.E.A. 
 {N.S.) 1153. 
 
 II. For indem,nity and security, 
 
 a. In general. 
 
 g 6. Generally. 
 
 Bottomry bond, see Bottomet. 
 
 As to liquor dealers' bonds, see Intoxicat- 
 ing LiQUOES, §§ 17, 18. 
 
 Holders of bond secured by mortgage, see 
 MOETGAGE, § 34. 
 
 Joinder of parties in action on bond with 
 alternative allegations as to liability. 
 51 L.R.A.(N.S.) 640. 
 
 When statute begins to run against action 
 by private person based on breach of 
 duty by public officer in taking invalid 
 or insufficient bond. 52 L.R.A. (N.S.) 
 709. 
 
 What misrepresentations as to the contents 
 of an instrument will render it void in 
 law. 4 B. R. C. 663. 
 
 Exacting bond for production of child as 
 condition of awarding custody to one 
 parent as against other. L.R.A.1915A, 
 576. 
 
 Right to require bond of one operating jit- 
 ney bus. L.R.A.1915F, 842; L.R.A. 
 1916B, 1158. 
 
 § 7. Of person acting in representa- 
 tive capacity. 
 
 Of executor or administrator, see ExEC- 
 
 tJTOES AND ADMINISTBATOBS, § 26. 
 
 Of guardians, see Guabdian and Ward, §§ 
 11-13. 
 
 § 8. In legal proceedings. 
 
 On appeal, see Appeal and Eeeoe, §§ 16, 46. 
 (Jonsult also L.R.A. Digests to date. 
 
 BONDS, IT. a— cont'd. 
 
 As to attachment bonds, see Attachment, 
 
 § 17. 
 Bail bond, see Bail and Recognizance. 
 Forthcoming bond, see Foethcoming Bonds. 
 Injunction bond, see Injunction, § 85. 
 In replevin, see Replevin, § 12. 
 
 Filing bond to secure release of property as 
 an appearance. L.R.A.1916P, 587. 
 
 Liability of sureties on bond in judicial pro- 
 ceedings, where judgment is in favor of 
 one principal and against another. 51 
 L.R.A.(N.S.) 655. 
 
 b. Contractor's bond. 
 
 § 9. Generally. 
 
 Right of citizen to enforce contractor's bond 
 taken for benefit of public. 49 L.Tt.A. 
 (N.S.) 1175. 
 Release of surety on building contractor's 
 bond by making payments not author- 
 ized by contract. L.R.A.1915B, 407. 
 Liability of public for failure to take bond, 
 or for taking insufficient bond, from 
 contractor, conditioned for pay- 
 ment of claims of subcontractors, 
 materialmen, and laborers. L.R.A. 
 1915F, 629. 
 Construction of statutes imposing lia- 
 bility. L.R.A.1915F, 630. 
 
 § 10. Iiiability for labor and materi- 
 als. 
 
 Nature of labor or materials which will 
 support an action upon a contrac- 
 tor's bond. 43 L.R.A. (N.S.) 162; 
 L.R.A.1915F, 951. 
 
 Preparing materials. 43 L.R.A. (N.S.) 
 163; L.R.A.1915F, 951. 
 
 Repairmen regularly employed; watch- 
 men. 43 L.R.A. (N.S.) 164. 
 
 Contractor's equipment. 43 L.R.A. 
 
 (N.S.) 165; L.R.A.1915F, 951. 
 
 Job repairs. 43 L.R.A.(N.S.) 166. 
 
 Patterns and materials for temporary 
 structures. 43 L.R.A. (N.S.) 167; 
 L.R.A.1915F, 952. 
 
 Lubricants, fuel, and explosives. 43 
 L.R.A.(N.S.) 167; L.R.A.1915F, 
 953. 
 
 Food and supplies for men and teams. 
 43 L.R.A.(N.S.) 169; L.R.A.1915F, 
 953. 
 
 Carriage, trucking, dockage, and tow- 
 age. 43 L.R.A.(N.S.) 170; 
 L.R.A.1915F, 953. 
 Rental of transportation facilities. 
 43 L.R.A.(N.S.) 171. 
 
 Money loaned. 43 L.R.A. (N.S.) 171. 
 Liability on contractor's bond for labor or 
 
 material employed in the work, but not 
 
 by order of the principal. 43 L.R.A. 
 
 (N.S.) 05. 
 Implied power to incorporate in contract 
 
 for public work or in contractor's bond 
 
 the requirement that the contractor 
 
 shall pay laborers and materialmen. 40 
 
 L.R.A. (N.S.) 325, 
 
58 
 
 INDEX TO NOTES. 
 
 BONDS, II. h— cont'd. 
 
 Right of subcontractor, materialman, or la- 
 borer to maintain action on bond taken 
 for benefit of public. 49 L.R.A.(N.S.) 
 1175. 
 
 Right of subcontractor, materialman or la- 
 borer to maintain action on contractor's 
 bond to owner. L.R.A.1915A, 768. 
 
 Applicability to public bodies of statute re- 
 quiring building contractor's bond for 
 protection of subcontractors, laborers, 
 etc. 50 L.R'.A.(N.S.) 469. 
 
 Liability of public for failure to take bond 
 or for taking insufficient bond from con- 
 tractor conditioned for payment of 
 claims of subcontractors, materialmen 
 and laborers. L.K.A.1915F, 629. 
 
 Personal liability of public officer for failure 
 to take bond, or for taking insufficient 
 bond, from contractor, conditioned for 
 payment of claims of subcontractors, 
 materialmen, and laborers. 49 L.R.A. 
 (N.S.) 1199. 
 
 c. For fidelity of employees or corpo- 
 rate officers. 
 
 § 11. G-enerally. 
 
 Guaranty of fidelity of employees as in- 
 surance. 47 L.R.A.(N.S.) 294. 
 
 Discharge of surety on fidelity obligation 
 by failure of employer to discover de- 
 linquency or to notify surety thereof 
 within the time specified in the obliga- 
 tion. L.R.A.1916F, 715. 
 
 Failure of foreign corporation to comply 
 with conditions of doing business in 
 the state as defense to action by it on 
 bond of officer or agent. L.R.A.1916A, 
 649. 
 
 d. Of puhlic officers. 
 
 § 12. Generally. 
 
 Liability of officers generally, see Officeks, 
 III. c. 
 
 Liability of judicial officer for taking in- 
 sufficient bond from sheriff. 44 L.R.A. 
 (N.S.) 175. 
 
 Right of sureties of public officer who made 
 good a loss occasioned by their princi- 
 pal's default or misconduct, to be sub- 
 rogated to the rights of the pledgee or 
 beneficiary of the bond against a third 
 person. 46 L.R.A. (N.S.) 557. 
 
 Liability upon bond given by public officer 
 from whom no bond is required. 50 
 L.R.A.(N.S.) 1060. 
 
 § 13. For what liable. 
 
 Liability for false imprisonment, see False 
 Imprisonment, § 8. 
 
 Liability on bond of peace officer for shoot- 
 ing a person while attempting to arrest 
 him. 51 L.R.A. (N.S.) 1179. 
 
 Liability of sureties on bonds for lost or 
 stolen mail. L.R.A.1915A, 379. 
 
 Begin with this ItooTc on every law question. 
 
 BONDS— cont'rf. 
 
 ///. Commercial, government, and mtn- 
 nicipal honds. 
 
 §17. Generally. 
 
 Estoppel to deny validity of bond, see Es- 
 toppel, § 2. 
 Rights of life tenant as to, see Life Tenant, 
 
 § 6. 
 Investments by trustee m government, 
 municipal, or corporate bonds, see 
 Teusts, § 26a. 
 
 Ratification by public corporation of bonds 
 illegally issued. L.R.A.1915A, 1023. 
 
 Liability of agent to true owner for selling 
 or disposing of bonds or coupons in- 
 trusted to him by his principal. 50 
 L.R.A. (N.S.) 58. 
 
 Amortization of amounts paid for discount 
 and premiums upon bond issues in esti- 
 mating return of a public service cor- 
 poration for rate-making purposes. 52 
 L.R.A.(N.S.) 50. 
 
 Power and duty of public authorities to 
 control the issuance of securities by 
 public service corporations. 45 L.R.A. 
 (N.S.) 629. 
 
 Exercise of option to retire, before ma- 
 turity as stopping interest. 43 L.R.A. 
 (N.S.) 1146. 
 
 Application to suit on bond of statute or 
 ordinance requiring notice or presenta- 
 tion of claim as a condition of mu- 
 nicipal liability. 50 L.R.A. (N.S.) 188. 
 
 § 22. Conditions and regnlations of 
 issuance. 
 
 Power and duty of public authorities to 
 control the issuance of securities by 
 public service corporations. 47 L.R.A. 
 (N.S.) 1167. 
 
 May a corporation issue bonds in payment 
 of, or as security for, its antecedent 
 debts, under statute prohibiting issue 
 except for money, labor done, or proper- 
 ty actually received. L.R.A.1916E, 570. 
 
 § 23. Rights of bona fide holders. 
 
 Estoppel to deny validity of bonds. L.R.A. 
 1915A, 976. 
 
 Rights and remedies where bonds of a pub- 
 lic corporation are invalid. L.R.A. 
 1915A, 904. 
 
 § 25. Actions and defenses. 
 
 Estoppel by bond, see Estoppel, §§ 2, 3. 
 
 Right of holder of past-due corporate bonds 
 or coupons to maintain action at 
 law thereon as aflfected by provi- 
 sions of ti'ust deed authorizing pro- 
 ceedings by trustee. 49 L.R.A. 
 (N.S.) 155. 
 
 Provisions of trust deed construed not 
 to bar action at law. 49 L.R.A. 
 (N.S.) 155. 
 
 Provisions of trust deed construed to 
 bar action of law. 49 L.R.A. 
 (N.S.) 157. 
 
INDEX TO NOTES. 
 
 59 
 
 BONDS, III.— cont'd. 
 § 27. Coupons. 
 
 Eight of detached coupons to benefit of 
 mortgage securing bonds. 43 L.R.A. 
 (N.S.) 82. 
 
 Right of holder of past-due coupons to 
 maintain action at law thereon as af- 
 fected by provisions of trust deed 
 authorizing proceedings by trustee. 49 
 L.R.A.(N.S.) 155. 
 
 BONUS. 
 
 Right of directors to vote bonus to officers 
 as compensation for services. L.R.A. 
 ini5D, 632. 
 
 Right to service reward or bonus, of serv- 
 ant discharged without cause before 
 stipulated term of service. 44 L.R.A. 
 (N.S.) 1214. 
 
 Liability of one party to a contract or trans- 
 action to the other because of bonus 
 allowed by the former to the latter's 
 agent. 49 L.R.A. (N.S.) 101. 
 
 BOOK ACCOUNTS. 
 
 See Accounts. 
 
 *-•-• 
 
 BOOK CANVASSERS. 
 
 Book canvassers as peddlers or hawkers. 
 L.R.A.1916B, 1299. 
 
 BOOKKEEPING. 
 
 Power to prescribe teaching of, in public 
 schools. 47 L.E.A.(N.S.) 202. 
 
 BOOKMAKING. 
 
 Cruel and unusual punishment for. L.R.A. 
 1915C, 570. 
 
 BOOKS, 
 
 ^ 1. Generally. 
 
 Account books, see Account Books. 
 As to copyright, see Copteight. 
 As evidence, see Evidence, V. 
 Text-books, see Schools, § 36. 
 
 Common-law rights of authors in intellec- 
 tual productions. 43 L.R.A.(N.S.) 639. 
 
 Sale of books upon school property or by 
 persons connected with schools. L.R.A. 
 1915C, 624. 
 
 § 2. Necessity for keeping. 
 
 Requirements as to, in iron safe clause in 
 fire insurance policy, see Insurance, § 
 79. 
 Consult also L.R.A. Itif/ests to date. 
 
 BOOKS— cont'd. 
 
 Provision for keeping, in burglary insur- 
 ance policy. 46 L.R.A.(N.S.) 566. 
 
 § 3. Bight to inspect. 
 
 Compelling production of, see Discovebt 
 AND Inspection, § 4. 
 
 4«» 
 
 BOROUGHS. 
 
 See Municipal Cobpokations. 
 ■> »» ■ 
 
 BORROWING. 
 
 By municipality, see Municipal Corpoea- 
 
 TIONS, § 61. 
 See also Bailment. 
 
 Authority of agent to borrow money for 
 principal. L.R.A.19160, 112. 
 
 Withdrawal from loan association by bor- 
 rowing members. 49 L.R.A. (N.S.) 1137. 
 
 BOTTLES. 
 
 Applicability of rule res ipsa loquitor to 
 explosion of bottle. L.R.A.1916E, 1078. 
 
 BOTTIf WASHING W^ORKS. 
 
 What is, within meaning of workmen's com- 
 pensation act. L.R.A.1916A, 202. 
 
 BOTTOMRY. 
 
 Rights of lien holders as to captured prop- 
 erty. 5 B. E. C. 1002. 
 
 BOULEVARDS. 
 
 Prohibiting use of automobiles on. L.R.A. 
 1915E, 264. 
 
 « ■ » 
 
 BOUNDARIES. 
 
 I. Of states, §§ 1-3. 
 II. Of private property, §§ 4—9. 
 
 I. Of states. 
 
 § 1. Generally. 
 
 Of municipality, see Municipal Corpora- 
 tions, IV. 
 Of school district, see Schools, § 28. 
 
 § 2. — upon iraters. 
 
 Right to operate ferry on boundarv waters. 
 52 L.R.A. (X.R.) 574; L.R.A.1916D, 832. 
 
60 
 
 INDEX TO NOTES. 
 
 BOUNDARIES, I.— cont'd. 
 § 2a. — rivers and lakes. 
 
 Boundary of municipality on navigable 
 waters. 47 L.E.A.{N.S.) 1161. 
 
 II. Of private property. 
 
 § 4. Generally. 
 
 Encroachments beyond, see Bnoeoach- 
 
 MENTS. 
 
 Estoppel as to boundary line, see Estoppel, 
 
 S 2. 
 Boundary fences, see Fences. 
 Trees near as a nuisance, see Nuisances, 
 
 § 3. 
 As to party wall, see Pabtt Wail. 
 Trees on boundary line, see Teees, § 3. 
 
 Pointing out boundaries as estopping one 
 to assert title beyond such boundaries. 
 48 L.R.A.(N.S.) 751, 756. 
 
 Property rights in trees on or overhanging 
 boundary line. 46 L.R.A.(N.S.) 3. 
 
 § 6. On waters. 
 
 EflFect of bounding land by "seashore." 4 
 B. E. C. 745. 
 
 g 8. Establisbment of; description. 
 
 Correction of misdescription as to, in will. 
 L.E.A.1915E, 1008. 
 
 BOUNTIES. 
 
 Validity of pension or bounty to Confeder- 
 ate soldiers. 45 L.E.A.(N.S.) 692. 
 
 Bounty tax as within covenant in lease, sub- 
 lease or assignment of lease as to pay- 
 ment of taxes. L.R.A.1915A, 343. 
 
 BOWI.ING ALI^EYS. 
 
 Power of state or municipality to determine 
 location of. L.R.A.1916D, 99. 
 
 BOYCOTT. 
 
 See CoNSPiKACy, §§ 3, 4. 
 
 BRAKEMEN. 
 
 Implied powers of, see Cabeiers. 
 
 As fellow servants. 52 L.E.A.(N.S.) 1090. 
 
 BRAKES. 
 
 Duty as to equipping cars or trains with, 
 so as to minimize danger of injury to 
 persons or animals on or near tracks. 
 L.E.A.1915A, 744, 753. 
 
 BRAND. 
 
 Misbranding food, see Food, § 4. 
 
 BRANDY. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 304. 
 
 BREACH. 
 
 Of promise, see Beeach of Pbomise. 
 
 Of contracts generally, see Contracts, V. a, 
 
 4. 
 Of covenant, see Covenants, III. 
 Of insurance contract, see Insurance, V. 
 Of warranty, see Sale, XI. c. 
 
 BREACH OF PROMISE. 
 
 g 1. Generally. 
 
 As to damages, see Damages, § 50a. 
 
 Promise of marriage as within statute of 
 frauds as to contracts not to be per- 
 formed within Tear. L.R.A.1915D, 
 1190. 
 
 Liability -of infant for services of attorney 
 in breach of promise suit. 44 L.R.A. 
 (N.S.) 412. 
 
 § 3. Wliat constitutes. 
 
 Refusal or failure to keep agreement for 
 marriage at a specified time or 
 place as breach of the marriage 
 contract. L.R.A.1915B, 280. 
 
 Anticipatory refusal. L.R.A. 1915B, 
 280. 
 
 Effect of postponement. L.R.A.1915B, 
 280. 
 
 Failure to fulfil agreement at appoint- 
 ed time or place. L.R.A.1915B, 
 280. 
 
 Acts subsequent to time agreed upon 
 as constituting refusal. L.R.A. 
 1915B, 280. 
 
 When cause of action accrues. L.R.A. 
 1915B, 280. 
 
 § 4. Defenses. 
 
 Ill health as defense to action for breach 
 of promise to marry. L.R.A. 191 6D, 
 1276. 
 
 Begin with this 'booilc, on every laiv question. 
 
 BREACH OF THE PEACE. 
 
 g 1. Generally. 
 
 Use of profane or offensive language while 
 upon one's own premises as an offense. 
 49 L.R.A. (N.S.) 919. 
 
INDEX TO NOTES. 
 
 61 
 
 BREAD. 
 
 See FooB, § 6. 
 
 BREAD AND WATER. 
 
 Keeping prisoner on, as cruel and unusual 
 punishment. L.E.A.1915C, 565. 
 
 BREWERS AND BREWERIES. 
 
 Power of, to purchase or lease property to 
 be used by retailers of ite products. 
 47 L.E.A.(N.S.) 898. 
 
 BRIBERY. 
 
 § 1. Generally. 
 
 Evidence of other crimes in prosecution for. 
 
 L,.R.A.1915B, 103. 
 Cruel and unusual punishment for. L.R.A. 
 
 1915C, 566. 
 Of juror, as contempt. 46 L.R.A.(N.S.) 
 
 517; L.E.A.1915D, 570. 
 
 § 3. Defenses. 
 
 Instigation or consent to, for purpose of 
 detecting criminal as a defense to 
 prosecution. 51 L.R.A. (N.S.) 829. 
 
 Bribery as afTected by lack of, or defect in 
 title to office. 51 L.E.A.(N.S.) 1087. 
 
 BRIDGES. 
 
 § 1. Generally. 
 
 Railroad bridges, see Railboads, § 28. 
 
 Earning power as element to be considered 
 in determining compensation to be paid 
 public utility company upon taking its 
 plant. 47 L.R.A.(N.S.) 784, 785, 709. 
 
 Power of municipality to assume part or all 
 of burden of adapting bridges for use 
 of railroads or street railways. 50 
 L.E.A.(N.S.) 143. 
 
 § 2. As nuisance. 
 
 Eight of one who navigates stream or floats 
 logs therein to abate nuisance arising 
 from bridge. 51 L.R.A.(N.S.) 1172. 
 
 § 3. Duty to construct, maintain, 
 and repair. 
 
 Duty as to bridge over ditch constructed by 
 
 drainage district across highway. 43 
 
 L.R.A.(N.S.) 695. 
 May cost of bridge be assessed against 
 
 property benefited. 45 L.R.A. (N.S.) 
 
 918. 
 Duty as to establishment and maintenance 
 
 of bridges over canals or ditches for 
 
 use of adjoining owners. L.E.A.1915E, 
 
 687. 
 Consult also L.B.A. Digests to date. 
 
 BRIDGES— cont'd. 
 
 Duty of county to contribute to mainte- 
 nance of boundary bridge. L.R.A. 
 
 1916F, 511. 
 General power of the legislature. 
 
 L.E.A.1916F, 512. 
 Entire expense by one county. L.R.A. 
 
 1916F, 514. 
 Contribution. L.R.A.1916F, 515. 
 Forcing county to act. L.E.A.1916F, 
 
 518. 
 Where boundary is not in mid stream. 
 
 L.R.A.1916F, 520. 
 Bridges on deviations from county-line 
 
 roads. L.R.A.1916F, 521. 
 Liability for injuries. L.R.A.1916F, 
 
 522. 
 Questions between counties and towns. 
 
 L.R.A.1916F, 524. 
 Miscellaneous. L.R.A.1916F, 525. 
 Duty of railroad company to construct or 
 alter bridges at its own expense over 
 public drainage ditches. L.R.A.1915B, 
 486. 
 Duty of railroad to fence as requiring bar- 
 rier across culvert or under bridge. 5 
 B.R.C. 182. 
 
 § 4. Injuries through construction 
 and maintenance of. 
 
 Res ipsa loquitur in action for injury on. 
 
 43 L.R.A.(N.S.) 594. 
 Liability of municipality for negligence of 
 
 bridge tender. 45 L.R.A. (N.S.) 98. 
 Liability of municipality for damage to 
 vessel by bridge. L.E.A.1915F, 
 1062. 
 Private or governmental capacity of 
 city in its maintenance and opera- 
 tion of bridge. L.R.A.1915F, 1063. 
 Negligent maintenance or operation of 
 
 draw. L.E.A.1915F, 1064. 
 Failure to maintain proper pilino- 
 L.E.A.1915F, 1067. 
 
 § 5. Duty and liability as to defects 
 in. 
 
 Liability of county for injury by defects 
 in boundary bridge. L.R.A.1916F, 522. 
 
 Duty of county or town to maintain bar- 
 riers along bridges. L.E.A.1915F, 973. 
 
 Liability of municipality for negligence of 
 bridge tender. 45 L.R.A. (N.S.) 98; 
 L.R,A.1915F, 1064. 
 
 § 6. — liability for injury to servant. 
 
 Liability of railroad to trainman injured bv 
 overhead bridge. 47 L.R.A. (N.S.) 48.'?. 
 
 Duty of railroad company to maintain safe- 
 guards to prevent employees from fall- 
 ing off or through bridges. 50 L.R.A. 
 (N.S.) 548. 
 
 § 8. Toll bridges. 
 
 § 9. — rights and duties of proprie- 
 tors. 
 
 Compensation to be paid owners of toll 
 bridge upon taking their plant for pub- 
 lic use. 47 L.R.A.(N.S.) 795. 
 
62 
 
 IXDEX TO NOTES. 
 
 BRIDGES— comi'd. 
 
 § 11. Over navigable waters. 
 
 Right of one who navigates stream or floats 
 logs therein to abate nuisance arising 
 from bridge. 51 L.R.A.(N.S.) 1172. 
 
 Liability of municipality for damage to 
 vessel by bridge. L.R.A.1915F, 1062. 
 
 BRIDGE TENDER. 
 
 Liability of municipality for negligence of. 
 45 L.R.A.(N.S.) 98; L.R.A.1915r, 1064. 
 
 BRINE. 
 
 Right to pump up water where the result 
 is to carry away anotlier's mineral in 
 solution. 5 B.R.C. 254. 
 
 BROKEN WIRES. 
 
 See Electkicity, III. 
 
 BROKERS. 
 
 I. In general, §§ 1—7. 
 II. Compensation, §§ 8—13. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Oral contract by broker with purchaser, see 
 
 Contracts, § 47. 
 Loan brokers, see LoAX Brokeks. 
 Marriage brokers, see Marriage Brokers. 
 
 Law governing agency contract for sale of 
 
 land. L.R.A.1916A, 1046. 
 Necessity of pleading statute of frauds in 
 
 action between broker and principal. 
 , 49 L.R.A.(N.S.) 37. 
 
 § 2. Rights and poirers of. 
 
 Power of real estate broker, to delegate 
 authority. 43 L.R.A.(N.S.) 796. 
 General rule. 43 L.R.A.(N.S.) 790. 
 Liability of principal to subagent. 
 43 L.R.A.(N.S.) 798. 
 Delegation of duties not discretionary. 
 
 43 L.R.A.(N.S.) 799. 
 Effect of custom. 43 L.R.A.(N.S.) 800. 
 Effect of location of property. 43 
 
 L.R.A.(N.S.) 800. 
 Liability of principal to broker who 
 employs subagent. 43 L.R.A. 
 (N.S.) 801. 
 Ratification. 43 L.R.A. (N.S.) 802. 
 Consummation of sale; acceptance 
 of benefit. 43 L.R.A. (N.S.) 
 802. 
 Adoption of contract between 
 broker and subagent. 43 L.R.A. 
 (N.S.) 804 
 
 Begin witU this hooli on every law question. 
 
 BROKERS, 1.— cont'd. 
 
 Express promise. 43 L.R.A. (N.S.) 
 
 804. 
 Miscellaneous. 43 L.R.A. (N.S.) 
 805. 
 Right of real estate broker entitled to all 
 over a minimum price to purcliase 
 property himself. L.R.A.1915E, 976. 
 
 § 4. — termination of. 
 
 Revocation or termination of a broker's 
 
 employment to procure a purchaser 
 
 for real property. 49 L.R.A. ( N.S. ) 
 
 985. 
 
 Right in general to revoke. 49 L.R.A. 
 
 (N.S.) 986. 
 Doctrine of reasonable time. 49 L.R.A. 
 (N.S.) 992. 
 Agency continues only for reason- 
 able time. 49 L.R.A. (N.S.) 
 992. 
 Is broker entitled to reasonable 
 
 time. 49 L.R.A.(N.S.) 993. 
 What is reasonable time and how 
 determined. 49 L.R.A. (N.S.) 
 995. 
 Agency coupled with an interest. 49 
 
 L.R.A.(N.S.) 997. 
 Necessity of notice to broker. 49 L.R.A. 
 
 (N.'S.) 998. 
 Recovery of expenses and reasonable 
 value of services upon revocation. 
 49 L.R.A.(N.S.) 999. 
 Particular forms of revocation. 49 
 L.R.A. (N.S.) 1000. 
 Sale of or change in property. 49 
 
 L.R.A.(N.S.) 1003. 
 Revocation by letter. 49 L.R.A. 
 
 (N.S.) 1007. 
 Death of principal. 49 L.R.A. 
 (N.S.) 1008. 
 Miscellaneous. 49 L.R.A. (N.S.) lOOS. 
 
 § 5. Duties and liabilities of. 
 
 Liability of broker to true owner for sell- 
 ing or disposing of property intrusted 
 to him by his principal. 50 L.R.A. 
 
 (N.S.) 55. 
 
 § 6. Requirement tbat contract of, 
 be in writing. 
 
 Necessity of securing written contract from 
 purchaser to entitle real estate broker 
 to commission. 46 L.R.A. (N.S.) 129. 
 
 § 7. Iiicense. 
 
 License tax on tax brokers. 47 L.R.A. 
 
 (N.S.) 1078. 
 Failure of loan broker to procure license as 
 
 affecting validity of his contract. 
 
 L.R.A.1915B, 851. 
 
 II. Compensation. 
 
 § 8. Generally. 
 
 Necessity that broker's contract of employ- 
 ment be in writing, see supra, § 6. 
 
 Right of real estate brokers to assert a 
 vendor's lien to recover their commis- 
 sion earned in the sale of the land. 47 
 L.R.A.(N.S.) 190. 
 
INDEX TO NOTES. 
 
 63 
 
 BKOKEBS, U.— cont'd. 
 g 9. Fraud and secret dealings of real 
 estate broker as affecting. 
 
 Right of broker held to account for secret 
 profit, to retain commission. 5 B.R.C. 
 188. 
 
 § lO. Negligence, fraud, or default of 
 principal, or defective title, as af- 
 fecting. 
 
 Broker's right to commission on failure of 
 employer's title. L.E.A.1915E, 714. 
 In general. L.R.A.1915E, 715. 
 Under special contract. L.R.A.1915E, 
 
 719. 
 Effect of broker's knowledge of defect. 
 L,R.A.1915E, 720. 
 Defect created by broker's act. 
 
 L.R.A.1915B, 721. 
 Constructive knowledge of defect. 
 L.R.A.1915E, 721. 
 
 § 12. Performance of contract. 
 
 Necessity of securing written contract from 
 purchaser to entitle real estate broker 
 to commissions. 46 L.E.A.(N.S.) 129. 
 Right to compensation upon procuring cus- 
 tomer to take an option. 43 L.E.A. 
 (N.S.) 91. 
 Where option is not exercised. 43 
 
 L.R.A.(N.S.) 91. 
 Where option is exercised. 43 L.R.A. 
 (N.S.) 94. 
 Right of broker to commission for securing 
 a purchaser for ^art of the prop- 
 erty. 51 L.R.A.(N.S.) 254. 
 Recovery on express contract. 51 L.R.A. 
 (X.S.) 255. 
 When recovery is denied. 51 L.R.A. 
 
 (N.S.) 255. 
 When recovery is allowed. 51 
 L.R.A.(N.S.) 257. 
 Recovery on quantum meruit. 51 
 
 L.R.A.(N.S.) 258. 
 Miscellaneous. 51 L.R.A. (N.S.) 258. 
 
 ♦-•-• 
 
 BROTHr.LS. 
 
 See Disorderly Hotjses. 
 
 » » » 
 
 BROTHEKS AND SISTERS. 
 
 Allowance for mental anguish resulting 
 from failure to deliver telegram as to 
 illness or death of brother or sister, see 
 Damages, § 103. 
 
 Insurable interest of brother or sister in 
 other's life. 45 L.R.A. (N.S.) 982. 
 
 Allowance for mental anguish from inability 
 to attend insane brother because of fail- 
 ure to deliver telegram. 49 L.R.A. 
 (N.S.) 238. 334. 
 
 Statutory right of action for death of. 
 L.R.A.1916E, 131. 
 
 Right of brother to maintain action for 
 mutilation of corpse. L.R.A. 1915B, 
 524. 
 Cotisult also L.R.A. Higests to date. 
 
 BUILDING AND CONSTRUCTION 
 CONTRACTS. 
 
 § 1. Generally. 
 
 Bond of contractor, see Bonds, §§ 9, 10. 
 Construction of, see Contbaots, §§ 65, Ooa. 
 Performance of, see Contkacts, V. b. 
 Lien of contract, see Mechanics' Lie-ns. 
 Contract for public improvements, see Pl'B- 
 Lic Improvements. 
 
 Liability of architect or engiaeer for negli- 
 gence in issuing certificates. 4 B. R. C. 
 859. 
 
 Employees engaged in construction work as 
 within purview of statutes abrogating 
 fellow-servant rule. 47 L.R.A. (N.S.) 
 114. 
 
 Admissibility of parol evidence to vary 
 written contract in favor of or against 
 a stranger to the contract. L.R.A. 
 1916A, 600, 611. 
 
 § 2. FroTision in, for paying labor- 
 ers and materialmen. 
 
 Burden of proof in action between owner 
 and contractor as to claims of mechan- 
 ics and materialmen paid by owner. 
 44»L.R.A.(N.S.) 80. 
 
 Implied power to incorporate in contract 
 for public work, or in contractor's 
 bond, the requirement that the con- 
 tractor shall pay laborers and mater- 
 ialmen. 46 L.E.A.(N.S.) 325. 
 
 BUILDING AND LOAN ASSOCIA- 
 TIONS. 
 
 § 1. Generally. 
 
 Usury by, see Usury, § 4. 
 
 § 3. Stock. 
 
 Basis of settlement between building and 
 
 loan association and borrowing 
 
 member before maturity of stock. 
 
 43 L.R.A. (N.S.) 874. 
 
 Payment not ipso facto. 43 L.E.A. 
 
 (X.S.) 876. 
 Where the association is a solvent, go- 
 ing concern. 43 L.R.A. ( N.S. ) 
 876. 
 Forfeiture. 43 L.R.A. (N.S.) 876. 
 Credits on loan. "43 L.E.A.(N.S.) 
 877. 
 Where contract is essentially 
 one of loan only. 43 
 L.R.A.(N.S.) 877. 
 Where contract creates a dual 
 relation. 43 L.R.A. 
 (N.S.) 880. 
 Denial of anv credit. 43 
 
 L.R.A.(N;s.) 880. 
 Allowance of full credit. 
 43 L.E.A. (N.S.) 881. 
 Different theories as to 
 credits. 43 L.R.A. 
 (N.S.) 882. 
 Eight of third persons to compel 
 credit. 43 L.R.A. (N.S.) 885. 
 
64 
 
 INDEX TO NOTES. 
 
 BUILDING AND LOAN ASSOCIATIONS— 
 cont'd. 
 
 On termination because of insolvency. 
 43 L.R.A.(N.S.) 885. 
 The Pennsylvania rule. 43 L.R.A. 
 
 ' (N.S.) 886. 
 The Maryland rule. 43 L.R.A. 
 
 (N.S.) 891. 
 The Illinois rule, sometimes called 
 the Grosscup rule, 43 L.R.A. 
 «(N.S.) 892. 
 New York decisions. 43 L.R.A. 
 
 894. 
 North Carolina decisions. 43 
 
 L.R.A.(N.S.) 896. 
 Federal decisions. 43 L.R.A. ( N.S. ) 
 
 896. 
 English decisions. 43 L.R.A. 
 (N.S.) 897. 
 Solvent associations winding up busi- 
 ness. 43 L.R.A.(N.S.) 898. 
 
 § 5. Mortgage. 
 
 Basis of settlement between building and 
 loan association and borrowing member 
 before maturity of stock. 43 L.R.A. 
 
 (N.S.) 874. 
 
 § 8. W^ithdrawals. 
 
 Withdrawals from building and loan asso- 
 ciation while a solvent going con- 
 cern. 49 L.R.A.(N.S.) 1129. 
 
 Wliat is a withdrawal. 49 L.R.A. (N.S.) 
 1130. 
 
 Right to withdraw. 49 L.R.A. (N.S.) 
 1130. 
 
 Status of withdrawing member. 49 
 L.R.A. (N.S.) 1130. 
 
 Clianae of rules aifectirig withdrawal, 
 49 L.R.A.(N.S.) 1131. 
 
 Notice of withdrawal. 49 L.R.A. (X.S.) 
 1133. 
 
 Terms and conditions of withdrawal. 
 49 L.R.A. (N.S.) 11.33. 
 
 Effect of losses on withdrawing mem- 
 bers. 49 L.R.A.(N.S.) 1135. 
 
 Interest on withdrawals. 49 L.R.A. 
 (N.S.) 1135. 
 
 Payment of withdrawals; priorities. 
 49 L.R.A.(N.S.) 1136. 
 
 Withdrawal of borrowing members. 49 
 L.R.A. (N.S.) 1137. 
 
 Actions to enforce withdrawal. 49 
 L.R.A. (N.S.) 1138. 
 Withdrawals from building and loan asso- 
 ciations as affected by insolvency or 
 
 winding-up business. 49 L.R.A. (N.S.) 
 
 1142. 
 
 BUILDING LINE. 
 
 Power to establish. 44 L.R.A. (N.S.) 1030; 
 
 L.R.A.191-5C, 981. 
 What part of a structure must be beyond 
 
 the line to constitute a violation of a 
 
 building restriction. 52 L.R.A. (N.S.) 
 
 1044. 
 
 BUILDING MATERIALS. 
 
 § Z. In street. 
 
 Liability of municipality for injur.es from 
 material placed in the street by indi- 
 viduals. 46 L.R.A.(N.S.) 330. 
 
 — ♦-•-• ■ 
 
 BUILDINGS. 
 
 I. Statutory and municipal regula- 
 tions, §§ 1—6. 
 II. Private rights and liabilities, §§ 7— 
 13. 
 
 Public buildings, see Pxtblic Buildings. 
 
 Erection of buildings in squares, parks, or 
 commons as a diversion. 50 L.R.A. 
 (N.S.) 466. 
 
 /. Statutory and municipal regulations. 
 
 § 1. Generally. 
 
 Police power of municipal corporation over 
 school building within its limits. 47 
 L.R.A.(N.S.) 892. ' 
 
 Private action for violation of building 
 laws. L.R.A.1915E, 541. 
 
 § 3a. Bnilding line. 
 
 Power to establish building line. 44 L.R.A. 
 (N.S.) 1030; L.R.A.1915C, 981. 
 
 § 4. Fire limits. 
 
 Power to proliibit or restrict repair of 
 wooden buildings within fire limits. 
 51 L.R.A.(N.S.) 62. 
 
 Absolute prohibition. 51 L.R.A. (N.S.) 
 62. 
 
 Discretionary prohibition by withhold- 
 ing permit. 51 L.R.A. (N.S.) 64. 
 
 Power of mimicipality under charter or 
 statute. 51 L.R.A.(N.S.) 65. 
 
 Prohibition against increase of fire 
 risk; manner of repair. 51 L.R.A. 
 (N.S.) 66. 
 
 § 5. Fire escapes. 
 
 Landlord's liability for injury to servant 
 of tenant by defects in. L.R.A. 1916F, 
 1148. 
 
 Private action for violation of statute re- 
 quiring. L.R.A.1915E, 544. 
 
 § 6. Destruction of. 
 
 Effect of destruction generally on private 
 rights, see infra, § 8. 
 
 II. Private rights and liabilities. 
 
 § 7. Generally. 
 
 Contracts for erection of, see Building and 
 
 CONSTRtrOTION CONTRACTS. 
 
 Building material, see Building Materials. 
 Restrictive covenants as to, see Covenants 
 
 AND Conditions, §§ 5-7, 21, 22. 
 As to dwellings generally, see Dwellings. 
 As to fixtures, see Fixtures. 
 As to fiat houses, see Flat Houses. 
 Vacancy of insured building, see Insurance, 
 
 § 86. 
 
 Begin with this boolz on every law question. 
 
INDEX TO NOTES. 
 
 65 
 
 BUILDINGS, II.— cont'd. 
 Support of, see Lateral Support; Sub- 
 jacent Support; Support, § 6. 
 Mechanics' liens on buildings, see Mechan- 
 ics' Liens. 
 Party wall, see Party Walls. 
 
 Liability of railroad for injury to person in 
 building upon right of way. 50 L.E.A. 
 (N.S.) 1191. 
 
 Right of owner or lessee of mineral in place 
 to use surface for erection of. 48 
 L.R.A.(N.S.) 888. 
 
 Use for building, of land dedicated for 
 squares, parks, or commons as diver- 
 sion. 50 L.R.A.(N.S.) 465. 
 
 Creation of easement of support by sever- 
 ance of tract of land. L.R.A.1915C, 
 353. 
 
 § 8. Injury to or destruction of. 
 
 Effect of destruction of building pending 
 contract for purchase of land, see Ven- 
 dor AND Purchaser, §6. 
 
 Scope and eflfect of constitutional or statu- 
 tory provision exempting buildings 
 from condemnation proceedings. L.R.A. 
 1916A, 1099. 
 
 Liability for damages caused by filling 
 space between building and wall of ad- 
 joining building. L.R.A.1616D, 765. 
 
 Effect of destruction of building to termi- 
 nate adjoining owner's easement of 
 support. 46 L.R.A.(N.S.) 1021. 
 
 § 9. Duty and liability as to condi- 
 tion of. 
 
 Negligence as to condition of, see also Land- 
 lord AND Tenant, IV. d; Negligence. 
 
 § 10. —individual liability for fall- 
 ing building. 
 
 Liability of landowner for fall of wall or 
 building left standing after fire. 
 L.R.A.1915C, 704. 
 
 Wall falling on adjoining property. 
 L.R.A.1915C, 705. 
 
 Wall falling into adjoining street. 
 L.R.A.1915C, 706. 
 
 Liability to one on premises. L.R.A. 
 1915C, 707. 
 
 Effect of advice or assurance as to safe- 
 ty. L.R.A.1915C, 708. 
 
 Application of res ipsa loquitur. 
 L.R.A.1915C, 709. 
 
 f 11. — liability for negligence of 
 independent contractor irorking 
 on. 
 
 Liability of contractor to third person for 
 defects in his work after acceptance. 
 L.R.A.1915E, 766. 
 
 BVLK SALES. < 
 
 Validity of, see Sales, 6. 
 
 Right of purchaser to indemnity for ex- 
 pense of defending suit or proceeding 
 based on bulk sales act. L.R.A.191GF, 
 55L 
 
 BULK. 
 
 Sales in bulk, see Bulk Sales. 
 
 Consult also L.R.A. Digests to date. 
 
 43— '16F. 
 
 BURDEN OF PROOF. 
 
 See Evidence, III. 
 
 BURGESS. 
 
 Liability to civil action for acts of judicial 
 nature. 44 L.R.A.(N.S.) 164. 
 
 BURGLARY. 
 
 § I. Generally. 
 
 Insurance against, see Insurance, § 220. 
 
 Effect of provision in accident insurance 
 policy exempting insurer or limiting 
 its liability in case of injury inten- 
 tionally inflicted by another, where in- 
 juries are inflicted by bu-glars. 48 
 L.R.A.(N.S.) 528. 
 Instigation to commit. 51 L.R.A. (N.S. ) 828. 
 What are burglar's tools within statute for- 
 bidding possession of such tools. 50 
 L.R.A.(N.S.) 825. 
 Burglary by going upon piazza. 46 L.R.A. 
 
 (N.S.) 999. 
 Burglary by pushing open door alreadv 
 
 partly open. 47 L.R.A.(N.S.) 717. 
 Breaking as affected by defendant's author- 
 ity to enter building. L.R.A. 
 1915D, 1015. 
 Entry of place open for business. 
 
 L:R.A.1915D, 1016. 
 Miscellaneous cases. L.R.A.1915D, 
 1018. 
 Breaking out as the equivalent of break- 
 ing in for purposes of burglary or 
 housebreaking. L.R.A.1915D, 972. 
 Under statutes contemplating breaking 
 out. L.R.A.1915D, 975. 
 Cruel and unusual punishment for. L.R.A. 
 
 19150, 566. 
 Acquittal or conviction upon a charge of 
 burglary or feloniously entering with 
 intent to steal goods of a, certain per- 
 son as a bar to a subsequent prosecu- 
 tion based on the same entry, but 
 charging intent to steal the property 
 of another person. L.R.A.1915C, 627. 
 
 § 4. Defenses. 
 
 Kleptomania as defense to. 43 L.R.A. (N.S.) 
 150. 
 
 Instigation or consent to burglary for pur- 
 pose of detecting criminal as defense to 
 prosecution. 51 L.R.A. (N.S.) 827. 
 
 Instigation to commit as defense to prose- 
 cution. 51 L.R.A.(N.S.) 828. 
 
66 
 
 INDEX TO XOTES. 
 
 t BUBIAIm 
 
 § 1. Generally, 
 
 Funeral expenses, see Funeeal ExPBassBS. 
 See also Cemeteries; Cobpse. 
 
 BVRIAIi GROUND. 
 
 See Cemeteries. 
 
 BUSINESS. 
 
 § 1. Generally. 
 
 As to business name, see Business Name. 
 Constitutionality of restrictions on, see 
 
 CONSTITTJTIWsrAI. LaW, § 24. 
 
 Contracts in restraint of competition in, 
 see CoNTEAOTS, §§ 107, 109; MONOPOLy 
 AND Combinations. 
 
 Doing of, by foreign corporation, see CoR- 
 POBATIONS, XI. b. 
 
 Good will of, see Good Will. 
 Municipal regulation of, see License, II.; 
 Municipal Corpoeations, §§ 42-50. 
 
 Ability to transact business as affecting 
 testamentary capacity. L.II.A.1915A, 
 456. 
 
 Liability of one who sells business for sup- 
 plies subsequently furnished therefor 
 on credit while it is being conducted 
 under the same name. L.R.A.1915F, 
 711. 
 
 Right of municipal corporation to engage in 
 enterprise generally regarded as of pri- 
 vate character. 51 L.R.A.(N.S.) 1143. 
 
 Mutuality of accepted proposition to furnish 
 such material as one needs in his busi- 
 ness. 43 L.R.A.(N.S.) 730. 
 
 Conducting business in violation of law as 
 affecting contract for its sale. 45 
 L.R.A.(N.S.) 810. 
 
 Constitutionality of laws prohibiting carry- 
 ing on of employments or occupations 
 upon certain premises. 44 L.R.A. 
 (N.S.) 46. 
 
 Recovery of damages for mental anguish in 
 case of business telegrams. 49 L.R.A. 
 (N.S.) 238. 
 
 BUSINESS— co««'d. 
 
 Injury to one's business or interests as- 
 ground for an injunction against an il- 
 legal business establishment not di- 
 rectly affecting other property. 45- 
 L.R.A.(N.S.) 827. 
 
 Liability of individual in the absence of 
 any element of conspiracy for driving, 
 away another's customers. L.R.A. 
 . 1915B, 1180. 
 
 BUSINESS NAME. 
 
 Right of individual to change name or ta 
 transact business and to make con- 
 tracts under an assumed name. L.R.A. 
 1915D, 982. 
 
 Liability of one who sells business for sup- 
 plies subsequently furnislied therefor 
 on credit while it is being conducted 
 under the same name. L.R.A. 1915F,. 
 711. 
 
 BUTCHEKS. 
 
 S 2. Injury to. 
 
 Conspiracy to injure business, see Conspir- 
 acy, II. 
 
 As to unfair competition in, see Unfair 
 Competition. 
 
 Injunction to protect, see Injunction. 
 
 Libel or slander injurious to, see Libel and 
 Slander, III. c. 
 
 Landlord's interference with business rela- 
 tions between tenant and third persons.. 
 L.R.A.1916B, 815. 
 
 Right of physician to complain of regula- 
 tions of beneficial association or em- l 
 ployer as to employment of physician, j 
 L.R.A.1916B, 839. See Corpse, 
 
 Begin ivith this J}OoTe on every laiv question. 
 
 Butcher as peddler or hawker. L.R.A. 
 
 1916B, 1296. 
 Validity of restrictive agreement ancillary 
 
 to sale of business, L.R.A.1916C, 630'. 
 
 BY-LAWS. 
 
 Of benevolent society, see Benevolent So^ 
 
 CIBTIES, § 4. 
 
 Of insurance company, see Insurance, §g 
 
 46, 47. 
 Reasonableness- of, see Reasonableness, J 
 
 7. 
 
 BYSTANDERS. 
 
 Liability for injury to bystander watching 
 progress of work. L.R.A.1916F, 117. 
 
 CABINET. 
 
 What passes under bequest of contents of- 
 L.R.A.1915C, 655, 6G1. 
 
 CABS. 
 
 See Hacks. 
 
 CADAVER. 
 
INDEX TO NOTES. 
 
 67 
 
 CAFES. 
 
 Liability for serving unfit food. 
 1915B, 481. 
 
 L.R.A 
 
 CANAI/S. 
 
 § 2. Construction and operation of. 
 
 Duty as to establishment and maintenance 
 of bridges over canals for use of ad- 
 joining owners. L.E.A.1915E, 687. 
 
 CANCELATION OF INSTRUMENTS. 
 
 § 1. Generally. 
 
 Of contracts generally, see Contracts, VI. 
 
 b. 
 Jurisdiction of suit for, see EQtnrY, §§ 15 
 
 15a. 
 Of insurance policy, see Insurance, §§ 49- 
 
 52. 
 Revocation of will by, see Wilis, 5§ 39, 40. 
 
 Reimbursement of taxes paid by purchaser 
 as condition of cancelation of invalid 
 tax title. L.R.A.1915C, 492. 
 
 § 2. Grounds for. 
 
 Relief of grantor in conveyance in considera- 
 tion of agreement to support, which is 
 broken by grantee. 43 L.R.A. (N.S.) 
 916. 
 
 g 3. —fraud. 
 
 Power of equity to take jurisdiction of suit 
 to cancel insurance policy for fraud. 48 
 L.R.A.(N.S.) 265. 
 
 Undue influence in conveyance or transfer 
 of property in consideration of support 
 of the grantor or a third person. 52 
 L.R.A.{N.S.) 476. 
 
 CANDIDATES. 
 
 As to nominations for oflBce generally, see 
 
 Elections, III. 
 Libel of, see Libel and Slander. 
 
 CANVASSERS. 
 
 Book canvasser as hawker or peddler with- 
 in statutory or municipal regulations. 
 L.R.A.1916B, 1299. 
 
 CANVASSING. 
 
 Of votes, see Elections, § 18. 
 
 CAPACITY. 
 
 To make contract, see Contracts, § 24. 
 Consult also L.R.A. Digests to date. 
 
 CAPIAS AD RESPONDENDUM. 
 
 In general, see Execution, § 18. 
 
 Right to break and enter dwelling to serve 
 writ of, L.R.A.1916D, 284. 
 
 CAPIAS AD SATISFACIENDUM. 
 
 Right to break and enter dwelling to serve 
 writ of, L.R.A.1916D, 284. 
 
 CAPITAL. 
 
 Of corporation, see Corporations, VIII. 
 
 Tax on capital stock as within covenant in 
 lease, sublease or assignment of lease 
 as to payment of taxes and assessments. 
 L.R.A.1915A, 342. 
 
 Right to grade license tax according to 
 volume or business or amount of capi- 
 tal employed. 49 L.R.A.(N.S.) 955. 
 
 * »» 
 
 CAPITAL CASE. 
 
 Bail in, see Bail and Recognizance. 
 
 CAPITALIZATION. 
 
 Valuation of property of public service cor- 
 poration for purpose of, or considera- 
 tion of capitalization In determining 
 value of property, see Public Service 
 Corporation, § 5. 
 
 Of earnings in ascertaining value of pub- 
 lic service property. 48 L.R.A. (N.S.) 
 1109, L.R.A.1916F, 655. 
 
 CAPITAL PUNISHMENT. 
 
 As cruel and unusual punishment. 
 1915C, 561. 
 
 L.R.A. 
 
 CAPTURE. 
 
 See Prize and Capture. 
 
 • « » 
 
 CARCASS. 
 
 See Corpse; Dead Animals. 
 *-~* 
 
 CARD INDEX. 
 
 Admissibility of card index system of ac- 
 counts. L.R.A.1916B, 634. 
 
 CARD SHARP. 
 
 Refusal of innkeeper to accept or serve card 
 sharp as » guest. 52 L.R.A. (N.S.) 
 744. 
 
68 
 
 INDEX TO NOTES. 
 
 CARELESSNESS. 
 
 See Negligence. 
 
 « « » 
 
 CARETAKERS. 
 
 Right of carrier to limit its liability to 
 caretakers accompanying shipment. 
 L.R.A.1916A, 623. 
 
 ♦ »» 
 
 CAR HOSTLERS. 
 
 M fellow servants. 52 L.E.A. (N.S.) 1094. 
 ^«» 
 
 CAR INSPECTORS. 
 
 As fellow servants. 52 L.E.A. (N.S.) 1090, 
 1095, 1098. 
 
 CARMACK AMENDMENT. 
 
 As affecting state regulations as to stipula- 
 tions limiting liability of common car- 
 riers for loss of, or damage to, goods. 44 
 L.R.A.(N.S.) 257; 50 L.E.A. (N.S.) 819. 
 
 CARNAI, KNOWLEDGE. 
 
 See Adulteet; Incest; Lewdness; Peosti- 
 TUTiON; Rape; Seduction; Sodomt. 
 
 CAR REPAIRERS. 
 
 As fellow servants. 52 L.E.A. (N.S.) 1100. 
 
 CARRIAGE. 
 
 Liability of joint owners of, for torts of 
 common servant. 51 L.E.A. (N.S.) 1116. 
 
 CARRIERS, 
 
 I. In general, § 1. 
 II. Who are common caiTiers, § 2. 
 III. Carriers of 'passengers and other 
 persons, §§ 3—100. 
 
 a. In general, § 3. 
 
 b. Rules and regulations of car- 
 
 rier, § 4. 
 
 c. Who are passengers, §§ 5—9. 
 
 d. Miscondiict torvard, and ahuse 
 
 of passenger generally, §§ 
 10-lOa. 
 
 e. Assault, §§ 11—14:. 
 
 f. Arrest; false imprisonment, §§ 
 
 IS, 13a. 
 
 g. TicTeets; conditions,- fares, §§ 
 
 16-29. 
 h. Ejection, §§ 30—35. 
 i. Performance of contract of 
 
 transportation, §§ 36—4:8 
 
 Begin with this boolc on every laiv question. 
 
 CARRIERS, Ul.— cont'd. 
 
 j. Personal injuries, §§ 4:9—74. 
 
 1. In general, §§ 49—53. 
 
 2. Toward whom liable, §§ 
 
 54-62. 
 
 3. Getting on or off; starting 
 
 and stopping, §§ 63— 
 69. 
 
 4. Safety of stations, ap. 
 
 proaches and platform,s, 
 §§ 70-73. 
 
 5. Condition of cars or ves- 
 
 sels, §§ ■73-74. 
 
 fc. Contributory negligence of per- 
 son injured, §§ 75—84. 
 
 m. Baggage and property of pas- 
 senger, §§ 86—92. 
 
 n. Corpse, § 93. 
 
 0. Stations, § 94. 
 
 q. Pullman and sleeping car 
 companies, §§ 96, 97. 
 
 r. Connecting carriers; negli- 
 gence of other company, § 98. 
 ir. Carriers of freight, §§ 101— 146a. 
 
 a. In general, §§ 101-106. 
 
 b. Bills of lading; special con- 
 
 tracts, §§ 107, 108. 
 
 c. Duty to receive and transport, 
 
 § 109. 
 
 d. Loss of, or injury to, property, 
 
 §§ 110, 111. 
 
 e. Delivery to carrier, § 112. 
 
 f. Delivery by carrier; conver- 
 
 sion; del/ay, §§ 113—121. 
 
 g. Lieiis; freight charges, §§ 122, 
 
 123. 
 
 h. Carrying live stock, §§ 124— 
 127. 
 
 i. Limitation of liability, §§ 128— 
 135. 
 
 j. Duty as to cars, §§ 136—140. 
 
 fc. Demurrage; delay in unload- 
 ing, §141. 
 
 1. Connecting carriers; liability 
 
 beyond own line, §§ 143, 
 143. 
 m. Transporting intoxicating liq- 
 uor, § 144. 
 V. Governmental control; rates; dis- 
 crimination; duty as to stop- 
 ping places, §§ 147—162. 
 
 a. In general, §§ 147—149. 
 
 b. Discrimination, §§ 150—153. 
 
 c. Rates; rebates, §§ 154—160. 
 
 d. As to stations and trains, §§ 
 
 161, 162. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Matters as to, affecting interstate commerce, 
 see Commerce, II. e. 
 
 Constitutionality of statutes as to, see Con- 
 stitutional Law, § 44. 
 
 Damages against, see Damages, §§ 15, 43, 
 47, 104, 118. 
 
 Garnishment of, see Garnishment, § 6. 
 
 As to jitney bus, see Jitney Buses. 
 
 Unlawful combination of, see Monopoly 
 AND Combination, § 7. 
 
 Time as to matters relating to, see Time, 
 § 5. 
 
INDEX TO NOTES. 
 
 69 
 
 CARRIERS, I.— cont'd. 
 
 Valuation of property, see Public Service 
 
 COKPOBATIONS, § 5. 
 
 As to the duty and liability of railroads or 
 street railways in respect of matters 
 not incident to the transportation of 
 passengers or freight, see Intertibban 
 Railkoads; Railroads; Street Rail- 
 ways. 
 
 Validity of statutory provision for attor- 
 ney's fee in actions against. L.R.A. 
 1915E, 946. 
 SufiBciency of levy upon, and custody of, 
 property in car or other vehicle of com- 
 mon carrier. L.R.A.1915F, 1184. 
 Validity of restrictive agreement on sale of 
 stage and coach lines. L.RA.1916C, 
 632. 
 Implied power of railroad company to en- 
 gage in transportation of goods or 
 passengers by means other than its 
 railway. 5 B. R. C. 788. 
 Scope of express grant of power to en- 
 gage in collateral transportation 
 enterprises. 5 B. R. C. 7^1. 
 
 II. Who are -common carriers. 
 
 § 2. Generally. 
 
 Who are common carriers within constitu- 
 tional or statutory provision directed 
 specifically against suppression of com- 
 petition between carriers. L.R.A. 
 1915C, 865. 
 
 Persons operating jitney buses. L.R.A. 
 1916B, 1156. 
 
 Person maintaining elevator as. L.R.A. 
 1915E, 723. 
 
 Railroad companies as private carriers in 
 drawing special trains or special cars. 
 48 L.R.A.(N.S.) 990. 
 
 III. Carriers of passengers and other 
 persons. 
 
 a. In general. 
 
 § 3. Generally. 
 
 Governmental control of, see infra, V. 
 Passengers on elevators, see Elevatobs, II. 
 Liability generally for injuries inflicted by 
 servant, see Master and Servant, IV. 
 
 Right to reject passenger because of his bad 
 character or misconduct on pre- 
 vious occasion. 43 L.R.A. ( N.S. ) 821. 
 Bad character. 43 L.R.A. (N.S.) 821. 
 Misconduct on previous occasion. 43 
 L.R.A.(N.S.) 822. 
 Duty of carrier to passenger on train or 
 boat chartered to third person for ex- 
 cursion or similar purpose. 52 L.R.A. 
 (N.S.) 260. 
 
 6. Rules and regulations of carrier. 
 
 § 4. Generally. 
 
 Reasonableness of rule as to train or route 
 by which passengers shall be carried. 
 L.R.A.1915B, 761. 
 
 Reasonableness of rule prohibiting turning 
 of seats. 50 L.R.A. (N.S.) 394. 
 Consult also L.R.A. Digests to date. 
 
 CARRIERS, in.— cont'd. 
 
 c. Who are passengers. 
 
 § 5. Generally. 
 
 Duty of carrier to passenger on train or 
 boat chartered to third person for ex- 
 cursion or similar purposes. 52 L.R.A. 
 (N.S.) 260. 
 Status as passenger of one who attempts to 
 board moving car or train. .L.R.A. 
 1916B, a32. 
 Carriers other than steam railroads. 
 L.R.A.1916B, 833. 
 
 § 6. Employees of carrier. 
 
 Liability of master for injuries to servant 
 while riding on a pass. 50 L.R.A. 
 (N.S.) 706. 
 
 § 8. When relation commences. 
 
 Status as passenger as aifected by the time 
 elapsing before train leaves. 43 L.R.A. 
 (N.S.) 999. 
 
 Effect of signaling car to make one a pas- 
 senger. L.R.A.1916C, 1022. 
 
 § 9. Termination of relation. 
 
 Duty and liability of carrier to one who 
 leaves one car for purpose of boarding 
 another. 48 L.R.A.(N.S.) 683. 
 
 Effect of passenger alighting temporarily at 
 intermediate point to terminate rela- 
 tion. 51 L.R.A.(N.S.) 899. 
 
 d. Misconduct toward, and abuse of 
 passenger generally. 
 
 § 10. Generally. 
 
 Liability of carrier for freight of passenger, 
 see Freight, § 2. 
 
 § 10a. By employees. 
 
 Amount of damages that may be awarded 
 
 for insulting language. 44 L.R.A. 
 
 (N.S.) 1139. 
 Liability of carrier for acts of special police 
 
 officer appointed by public authority. 
 
 43 L.R.A.(N.S.) 1164; L.R.A.1915C, 
 
 1183. 
 
 e. Assault. 
 
 § 12. By stranger. 
 
 Carrier's liability for assault upon passen- 
 ger by strikers, mob, or third persons. 
 L.R.A.1915C, 681. 
 
 § 13. By fellow passenger. 
 
 Liability of carrier for assault by obviously 
 drunken passenger. 4 B. R. C. 330. 
 
 § 14, By employees. 
 
 Carrier's liability for assault by servant on 
 passenger while on train. L.R.A. 
 1915E, 668. 
 
 Scope of authority. L.R.A, 1915E, 670. 
 
 Assault continued off the car. L.R.A. 
 1915E, 671. 
 
 Punitive damages. L.R.A. 1915E. 671. 
 
 Self-defense. L.R.A.1915E, 673, 
 
70 
 
 INDEX TO NOTES. 
 
 CARKIERS, in. e— cont'd. 
 
 Liability for acts of special police officer ap- 
 pointed by public authority. 43 L.R.A. 
 (N.S.) 1164; L.E.A.1915C, 1183. 
 
 f. Arrest; false imprisonment. 
 
 § 15. Generally. 
 
 Duty of carrier to protect passenger from 
 arrest. 52 L.R.'A.(N.S.) 791. 
 
 § 15a. By employees of carrier. 
 
 Liability of carrier for wrongful arrest of 
 passenger caused by servant. L.R.A. 
 1915E, 320. 
 
 Carrier's liability for arrest or false im- 
 prisonment by servant employed as de- 
 tective, policeman or watchman. L.R.A. 
 1910F, 1249. 
 
 Liability for ucts of special police officer ap- 
 pointed by public authority. 43 L.R.A. 
 (N.S.) 1164; L.R.A.1915C, 1183. 
 
 g. Tickets; conditions; fares. 
 
 § 16. Generally. 
 
 Governmental regulations of rates, see in- 
 fra, V. c. 
 
 Ejection for nonpayment of, see infra, § 32. 
 
 Sufficiency of tender of fare to prevent ejec- 
 tion, see infra, § 33. 
 
 Validity of regulations by public concern- 
 ing the manner of using tickets or mile- 
 age books. L.R.A.1915E, 902. 
 
 Refusal to surrender ticket or pay fare be- 
 cause of breach of contract as affect- 
 ing right to recover for damage to or 
 loss of baggage. L.R.A.1916E, 491. 
 
 Duty of passenger to examine ticket to 
 avoid mistakes of carrier's agent. 43 
 L.R.A.(N.S.) 584. 
 
 Liability of carrier for charging excessive 
 fare through mistake. 44 L.R.A. (N.S. ) 
 282. 
 
 § 17. Passengers -nrithont tickets 
 generally. 
 
 Right of carrier to refuse to accept non- 
 ticket-holder as passengers. L.R.A. 
 1916E, 1094. 
 
 § 23. Passes. 
 
 Liability for injury to free passenger, see 
 infra, § 57. 
 
 Rights and remedies where agreement by 
 carrier to issue passes is impossible of 
 performance because of subsequent leg- 
 islation. 49 L.R.A.(N.S.) 848. 
 
 § S6. On street cars. 
 
 § 27. — transfers. 
 
 Right of street railroad company to limit 
 time or point of transfer. 52 L.R.A. 
 (N.S.) 908. 
 
 § 28. Limitation of liability. 
 
 As to baggage, see infra, § 91. 
 As to freight, see infra, IV. 1. 
 
 Begin n-ith this hooU on every law question. 
 
 CARRIERS, III. s— cont'd. 
 Contract exempting railroad company from 
 liability for negligent injury to 
 sleeping car employees or others 
 sustaining a similar relation to the 
 company. 50 L.K.A.(N.S.) 432. 
 
 Doctrine upholding the contract. 50 
 ■L.R.A.(N.S.) 432. 
 
 Cases holding contracts invalid. 50 
 L.R.A.(N:S.) 434. 
 
 Right of railroad company to avail 
 itself of the contract. 50 L.R,A. 
 (N.S.) 435. 
 
 Change of employment. 50 L.R.A. 
 (N.S.) 437. 
 Contracts of carrier with newsboy's employ- 
 er limiting liability for injury. 50 
 
 L.R.A.(N.S.) 689. 
 Right of carrier to limit its liability to 
 drovers or caretakers accompany- 
 ing shipment. L.R.A.1916A, 623. 
 
 Minority view. L.R.A.1916A, 625. 
 
 Effect of statutes. L.R.A.1916A, 626. 
 
 Degrees of negligence. L.R.A.1916A, 
 .627. 
 
 Specific duties or risks. L.R.A.1916A, 
 627. 
 
 Choice of alternative contracts. L.R.A. 
 1916A, 628. 
 
 Power of shipper to bind caretaker. 
 L.E.A.1916A, 629. 
 
 § 29. —In pass. 
 
 Right of carrier to limit its liability to 
 drover or caretaker accompanying ship- 
 ment. L.R.A.1916A, 623. 
 
 Ti. Ejection. 
 
 § 30. Generally. 
 
 Liability for injuries sustained by a pas- 
 senger while being removed from one 
 oar to another of moving train. L.R.A. 
 1916E, 767. 
 Liability for injury to passenger resulting 
 from attempted ejection by carrier of 
 fellow passenger. 44 L.R.A. (N.S.) 1125. 
 Duty of passenger to examine ticket to 
 avoid mistakes of carrier's agent. 43 
 L.R.A.(N.S.) 584. 
 Implied power of brakeman to remove tres- 
 passer. 45 L.R.A.(N.S.) 813. 
 Doctrine that brakeman has no im- 
 plied power to eject trespassers. 
 45 L.R.A.(N.S.) 814. 
 Doctrine that brakeman has such 
 
 power. 45 L.R.A. (N.S.) 817. 
 Implied power as a question for jury. 
 
 45 L.R.A. (N.S.) 820. 
 Conflicting doctrines discussed. 45 
 
 L.R.A.(N.S.) 82L 
 Rule where brakeman • has full control 
 
 of train. 45 L.R.A.(N.S.) 821. 
 Where brakeman acts from personal 
 
 motive. 45 L.R.Ai(N.S.) 821. 
 
 Authority as dependent upon specific 
 
 evidence. 45 L.R.A. (N.S.) 822. 
 
 § 30a. Of sick or intoxicated passen- 
 ger. 
 
 Right to eject. L.R.A.1915C, 335. 
 
 Sick passenger. L.R.A. 1915C, 135. 
 
INDEX TO NOTES. 
 
 71 
 
 CARRIERS, III. h—cont'd. 
 
 Intoxicated passenger. L.R.A. 19150, 
 135. 
 Duty to eject; liability to other passengers 
 for failure to eject. L.R.A.1915C, 137. 
 Time, place, and manner of ejection. 
 L.R.A.1915C, 139. 
 Sick passenger. L.R.A.1915C, 139. 
 Intoxicated passenger. L.R.A.1915C, 139. 
 Ejection as proximate cause of subsequent 
 injury or death. L.R.A.1915C, 
 142. 
 Sick passenger. L.R.A. 1915C, 142. 
 Intoxicated passenger. Li.R.A.1915C, 
 143. 
 Eecoverv in action by ejected passenger. 
 L.R.A.1915C, 146. 
 Elements of recovery. L.R.A.1915C, 
 146. 
 Ejection of sick passenger. L.R.A. 
 
 39150, 146. 
 Ejection of intoxicated passenger. 
 L.R.A.1915C, 146. 
 Right to exemplary damages. L.R.A. 
 
 1915C, 146. 
 Damages held excessive. L.R.A.1915C, 
 
 146. 
 Damages held not excessive. L.R.A. 
 1915C, 147. 
 Questions for jury. L.R.A.1915C, 147. 
 
 § 31. Grounds for. 
 
 Because of sickness or intoxication, see 
 supra, 5 30a. 
 
 Ejection of passenger for refusal to comply 
 with rule or direction of carrier as to 
 place on car or train. L.R,A.1916D, 
 542. 
 
 Riglit to eject passenger who boards a train 
 that does not stop at his destination. 
 L.R.A.191oD, 713. 
 
 § 32. — nonpayment of fare or de- 
 fective ticket. 
 
 Effort that must be made to collect fares 
 before ejecting passengers for nonpay- 
 ment of same. L.R.A.1915C, 148. 
 Ejection of passenger who has lost or mis- 
 laid his ticket. L.R.A.1916D, 1184. 
 Commutation tickets. L.R.A.1916D, 
 
 1186. 
 Sleeping and parlor car tickets. L.R.A. 
 
 1916D, 1187. 
 Right to reasonable time to find ticket. 
 
 L.R.A.1916D, 1189. 
 Effect of baggage check. L.R.A.1916D, 
 
 1189. 
 Place of ejection. L.R.A.1916D, 1190. 
 Right to demand train fare. L.R.A. 
 1916D, 1190. 
 
 § 33. Sufficiency of tender of fare to 
 prevent. 
 
 Tender after steps toward ejection. L.R.A. 
 
 1915E, 311. 
 Tender of fare from point of ejection. 
 
 L.R.A.1915E, 312. 
 Tender of fare of custodian. L.R.A.1915E, 
 
 313. 
 Tender of a worn or peculiar coin. L.R.A. 
 
 1915E, 313. 
 Miscellaneous. L.R.A.1915E, 313. 
 
 Consult also L.H.A. Digests to date. 
 
 CARRIERS, III. h— cont'd. 
 § 34. At wliat place. 
 
 Place where sick or intoxicated passenger 
 may be expelled. L.R.A.19150, 139. 
 
 i. Performance of contract of trans- 
 portation. 
 
 § 36. Generally. 
 
 Duty and liability as to sleeping accom- 
 modations, see infra, §§ 96, 97. 
 
 Duty to passenger where journey is in- 
 terrupted by wreck or other cause. 
 L.R.A.1915E, 145. 
 
 Duty as to performance of contract of 
 transportation. L.R.A.1915E, 147. 
 
 Duty to furnish means of transporta- 
 tion. L.R.A.1915E, 148. 
 
 § 37. Misdirection by agent. 
 
 Right to eject passenger who boards a train 
 that does not stop at his destination 
 where he is misdirected bv employee of 
 carrier. L.R.A.1915D, 715. 
 
 § 38. Duty to receive and transport. 
 
 Disabled, diseased or drunken passenger, see 
 infra, § 40. 
 
 Liability for punitive damages for refusal 
 or failure to transport passenger. 
 L.R.A.1915C, 471. 
 Liability to passenger for default or delay 
 in running railroad train. 49 
 L.R.A.(N.S.) 429. 
 Delay. 49 L.R.A. (X.S.) 429. 
 Failure to stop for passenger. 49 
 
 L.R.A. (N.S.) 430. 
 Failure to run train. 49 L.R.A. (N.S.) 
 
 431. 
 Damages recoverable. 49 L.R.A. (N.S.) 
 432. 
 Punitive damages. 49 L.R.A. (N.S.) 
 434. 
 
 § 39. Duty toivard sick, disabled, or 
 intoxicated passenger. 
 
 Ejection of sick or intoxicated passenger, 
 see supra, § 30a. 
 
 Duty to assist passenger weak or in deli- 
 cate health in boarding or alighting 
 from train. 48 L.R.A. (N.S.) 821. 
 
 § 40. — duty to transport. 
 
 Duty of carrier to accept as a passenger one 
 physically or mentally disabled. 
 L.R.A.1915E, 788. 
 
 Generally. L.R.A.1915E, 788. 
 
 Insane persons. L.R.A.1915E, 788. 
 
 Intoxicated persons. L.R.A. 1915E, 788. 
 
 Cripples. L.R.A,1915E, 789. 
 
 § 41. Right of passenger to seat. 
 
 Duty to furnish seat. L.R.A.1915B, 916. 
 Right to particular seat. L.R.A. 1915B, 
 
 918. 
 Excuse for failure to furnish seat. 
 
 L.R.A.1915B, 918. 
 Failure to provide seat as negligence. 
 
 L.R.A.1915B, 919. 
 
72 
 
 INDEX TO NOTES. 
 
 CARRIERS, III. i— cont'd. 
 
 Rights of passenger entitled to a seat, 
 
 which is not provided. L.R.A. 
 
 1915B, 920. 
 Right to refuse to surrender ticket 
 
 or pay fare; ejection. L.R.A. 
 
 1915B, 920. 
 Right of action for breach of contract 
 
 or for injuries due to failure to 
 
 provide seat. L.R.A.1915B, 921. 
 
 g 42. Duty as to heating. 
 
 Regulation of temperature of cars. L.R.A. 
 1915F, 792. 
 
 § 43. Separation of passengers. 
 
 Liability for placing white passenger in 
 car for colored persons. L.R.A.1916E, 
 280. 
 
 § 45. Annonncement of stations. 
 
 Duty to announce stations. L.R.A.1915C, 
 664. 
 
 § 46. Carrying beyond station. 
 
 Duty of passenger to give notice of desire 
 to alight at flag station. 52 L.R.A. 
 (N.S.) 668. 
 Duty as to notification of passenger of ar- 
 rival at station. L.R.A.1915C, 664. 
 Duty to announce stations, generally. 
 
 L.R.A.1915C, 664. 
 Duty to give personal notice. L.R.A. 
 
 19150, 665. 
 Duty to awaken passenger. L.R.A. 
 
 19150, 667. 
 Effect of failure to announce. L.R.A. 
 
 1915C, 667. 
 Effect of negligent or incorrect an- 
 nouncement or information. L.R.A. 
 19150, 668. 
 Passenger in Pullman or sleeping car. 
 L.R.A.1915C, 669. 
 Duty and liability to passenger who boards 
 a train that does not stop at his 
 destination. L.R.A.1915D, 705. 
 Liability for refusal to stop through 
 train at passenger's destina- 
 tion. L.R.A.1915D, 706. 
 Effect of sale of ticket. L.R.A. 
 
 1915D, 709. 
 Effect of misdirection of ticket 
 
 agent. L.R.A.1915D, 710. 
 Effect of agreement of conductor 
 to stop train. L.R.A.1915D, 
 712. 
 Effect of taking up ticket or fare. 
 L.R.A.1915D, 712. 
 Right to eject. L.R.A.1915D, 713. 
 
 Where passenger is misdirected by 
 employee of carrier. L.R.A 
 1915D, 715. 
 
 j. Personal injuries, 
 1. Jn general. 
 
 § 49. Generally. 
 
 Limitation of liability, see supra, §§ 28, 29. 
 Contributory negligence of passenger, see 
 • infra, III. k 
 
 Beffin ii-itJi this hoolc on every law question. 
 
 CARRIERS, III. j, 1— co«.*'d. 
 
 Passenger on elevated railroad, see Ele- 
 vated Railroad, § 3. 
 
 Presumption and burden of proof as to, see 
 Evidence, § 70. 
 
 Proximate cause of injury, see Pkoximate 
 Cause, III. 
 
 Injury by rocks rolling down hillside or de- 
 cline. L.R.A.1915B, 428. 
 
 Sudden stopping of train in an emergency 
 as negligence toward passenger. L.R.A. 
 1915D, 368. 
 
 Liability for injuries sustained by a passen- 
 ger while being removed from one car 
 to another of moving train. L.R.A. 
 1916E, 767. 
 
 Liability of street railway company for in- 
 jury to a passenger because of defect in 
 track or street due primarily to negli- 
 gence of highway ofBcers. 43 L.R.A. 
 (N.S.) 72. 
 
 Liability for injury to passenger resulting 
 from attempted ejection by carrier of 
 fellow passenger. 44L.R.A.(N.S.) 1125. 
 
 g SO. Injury liy collision or derail- 
 ment. 
 
 Presumption of negligence from injury to 
 passenger by collision. L.R.A. 19160, 
 372. 
 
 g 52. For whose acts liable. 
 
 Liability of carrier for injury resulting 
 
 from negligent or meddlesome act 
 
 of fellow passenger. 49 L.R.A. 
 
 (N.S.) 810. 
 
 Accidental discharge of firearms. 49 
 
 L.R.A.(N.S.) 810. 
 Articles negligently placed. 49 L.R.A. 
 
 (N.S.) 810. 
 Signals. 49 L.R.A. (N.S.) 811. 
 Articles thrown from window and re- 
 bounding. 49 L.R.A. (N.S.) 812. 
 Miscellaneous. 49 L.R.A. (N.S.) 812. 
 Liability of carrier for act of obviously 
 drunken passenger. 4 B. R. C. 330. 
 Duty of carrier. 4 B. R. C. 332. 
 To whom owing. 4 B. R. C. 338. 
 Measure of care required. 4 B. 
 R. C. 338. 
 Negligence of carrier as proximate 
 
 cause of injury. 4 B. R. C. 339. 
 Contributory negligence of injured pas- 
 senger. 4 B. R. 0. 340. 
 Sufficiency of evidence. 4 B. R. C. 341. 
 Insufficiency to carry case to jury. 
 
 4 B. R. 0. 341. 
 Sufficiency to carry case to jury. 
 
 4 B. R. 0. 343. 
 Sufficiency to support verdict or 
 finding of negligence. 4 B. R. 
 0. 347. 
 
 g 53. — employee or independent con- 
 tractor. 
 
 Presumption of negligence from injury to 
 passenger by acts of employee. L.R.A. 
 19160, 377. 
 
 Delegation of duty as to safety of station 
 premises as affecting liability to pas- 
 sengers. 50 L.R.A. (N.S.) .561. 
 
INDEX TO NOTES. 
 
 73 
 
 CARRIERS, III. i— cont'd. 
 
 3. Toward whom liable. 
 
 § 54. Generally. 
 
 Duty toward sick, disabled, or intoxicated 
 passenger, see supra, § 39. 
 
 Liability to person assisting passenger on 
 train, see infra, § 69. 
 
 To whom carrier liable for injuries at sta- 
 tions, see infra, § 72. 
 
 Duty of carrier to passenger on train or 
 boat chartered to third person for ex- 
 cursion or similar purposes. 52 L.R.A. 
 (N.S.) 260. 
 
 Duty and liability to one who accompanies 
 passenger not for the purpose of assist- 
 ing him. 52 L.R.A.(N.S.) 179. 
 
 § 55. Children; nenrsboys. 
 
 Liability for injury to children catching 
 
 rides on street cars. L.R.A.1916C, 106. 
 
 Where employee frightens child or orders 
 
 him to get off. L.R.A.1916C, 107. 
 Duty of carrier to newsboy. 50 L.R.A. 
 (N.S.) 689. 
 Contracts of carrier with newsboy's 
 
 employer. 50 L.R.A.(N.S.) 689. 
 Where there is no contract. 50 L.R.A. 
 (N.S.) 690. 
 Injuries due to carrier's want of 
 care. 50 L.R.A.(N.S.) 690. 
 Newsboys injured at station. 
 50 L.R.A. (N.S.) 691. 
 Injuries due to violence or fear of 
 violence of defendant's 
 servants. 50 L.R.A. (N.S.) 
 692. 
 Scope of servant's authority. 
 50 L.R.A.(N.S.) 693. 
 Miscellaneous. 50 L.R.A. (N.S.) 693. 
 
 § 57. Free passengers; drovers. 
 
 Limitation of liability, see supra, § 29. 
 
 Liability of carrier to passengers traveling 
 on passes or contracts contrary to pro- 
 visions of statute or Constitution. 43 
 L.R.A.(N.S.) 901. 
 
 Degree of care owed to free passengers in 
 absence of a stipulation upon the sub- 
 ject. 46 L.R.A.(N.S.) 142. 
 
 § 59. Passenger temporarily leaving 
 vehicle. 
 
 Duty and liability of carrier to passenger 
 who alights temporarily at inter- 
 mediate point. 51 L.R.A.(N.S.) 
 899. 
 Alighting at regular stations. 51 
 L.R.A.(N.S.) 900. 
 Continuation of relationship of car- 
 rier and passenger. 51 L.R.A. 
 (N.S.) 900., 
 Duty and liability of carrier. 51 
 L.R.A.(N.S.) 901. 
 Duty to furnish safe means of 
 egress and ingress. 51 
 L.R.A. (N.S.) 902. 
 Duty to warn and wait for 
 passenger. 51 L.R.A. 
 (N.S.) 902. 
 Consult also L.R.A. Digests to date. 
 
 CARRIERS, III. j, 2— cont'd. 
 
 Contributory negligence of passen- 
 ger. 51 L.R.A.(N.S.) 903. 
 Alighting at points other than regular 
 stations. 51 L.R.A. (N.S.) 904. 
 Continuation of relationship of 
 carrier and passenger. 51 
 L.R.A.(N.S.) 904. 
 Duty and liability of carrier. 51 
 L.R.A.(N.S.) 904. 
 Duty to furnish safe means of 
 egress and ingress. 51 
 L.R.A.(N.S.) 905. 
 Duty to warn and wait for 
 passenger. 51 L.R.A. 
 (N.S.) 905. 
 Contributory n^ligence of passen- 
 ger. 51 L.R.A.(N.S.) 905. 
 Alighting at point other than regular 
 station, believing it to be reg- 
 ular intermediate station. 51 
 L.R.A.(N.S.t 906. 
 Continuation of relationship of 
 carrier and passenger. 51 
 L.R.A.(N.S.) 906. 
 Duty and liability of carrier. 51 
 
 L.R.A.(N.S.) 906. 
 Contributory negligence of passen- 
 ger. 51 L.R.A.(N.S.) 906. 
 
 § 60. Passenger on platform. 
 
 Contributory negligence of passenger on 
 platform, see infra, § 80. 
 
 Duty as>to condition of platform or running 
 board of street car. 45 L.R.A. (N.S.) 
 969. 
 
 3. Getting on or off; starting and stop- 
 ping. 
 
 § 63. Generally. 
 
 Contributory negligence, see infra, §§ 81, 82. 
 
 Status as passenger of one who attempts to 
 
 board a moving car or train. L.R.A. 
 
 1916B, 832. 
 Injury to passenger alighting temporarily 
 
 at intermediate point. 51 L.R.A. (N.S.) 
 
 899. 
 Injury by crush in entering car at elevated 
 
 or subway station. 51 L.R.A. (N.S.) 1152. 
 
 § 66. Negligence in stopping and 
 starting. 
 
 Presumption of negligence from sudden 
 stop, jolt, or jerk of car. L.R.A.1916C, 
 373. 
 Sudden stopping of train in an emergency 
 as negligence toward passenger. L.R.A. 
 1915D, 368. 
 Starting street car before passenger is seat- 
 ed. L.R.A.1915A, 797. 
 After passenger has reached car plat- 
 form. L.R.A.1915A, 799. 
 Suggestion of different rule for 
 women. L.R.A.1915A, 800. 
 Before passenger is fully on platform. 
 L.R.A.1915A, 800. 
 Brushing passenger against wag- 
 ons, etc. L.R.A.1915A, 802. 
 Encumbered or feeble passenger. 
 
 L.E.A.1915A, 802. 
 Miscellaneous. L.R.A.1915A, 803. 
 
INDEX TO XOTES. 
 
 CARRIERS, III. j, 3— cont'd. 
 
 Liability of street car company for injury 
 to passenger boarding car by starting 
 of car on signal of fellow passenger. 
 49 L.R.A.(N.S.) 810. 
 
 § 67. — while passenger is alighting- 
 Presumption of negligence from sudden 
 
 starting of car while passenger is 
 
 alighting. L.R.A.1916C, 373. 
 Discharging street car passenger on curve. 
 
 L.R.A.1915C, 609. 
 Injury to passenger alighting temporarily 
 
 at intermediate point. 51 L.R.A. (N.S.) 
 
 899. 
 
 g 68, Duty to assist passenger. 
 
 Duty to assist passenger boarding or alight- 
 ing. 48 L.R.A.(N.S.) 816. 
 
 Dangerous or unusual place. 48 L.R.A. 
 (N.S.) 818. 
 
 Passenger old, infirm, or disabled. 48 
 L.R.A.{N.S.) 819. 
 
 Passenger encumbered. 48 L.R.A. (N.S.) 
 820. 
 
 Passenger sick or in delicate health. 
 48 L.R.A.(N.S.) 821. 
 
 Question for jury. 48 L.R.A. (N.S.) 
 821. 
 
 § 69. Injury to person assisting pas- 
 senger. 
 
 Duty of carrier to one who goes upon a 
 train to assist a passenger. 46 L.R.A. 
 (N.S.) 357. 
 
 Duty and liability to one who accompanies 
 passenger, not for the purpose of assist- 
 ing him. 52 L.R.A.(N.S.) 179. 
 
 4. Safety of stations, approaches, and 
 platforms. 
 
 § 70. Generally. 
 
 As to stations generally, see infra, § 94. 
 Carrying beyond station, see supra, § 46. 
 Discrimination at and governmental regula- 
 tion as to, see infra, §§ 161, 162. 
 
 Places within implied invitation extended to 
 
 passengers or persons on business 
 
 at railroad station. L.R.A.1915B, 
 
 827. 
 
 Passengers awaiting train or remaining 
 
 after arrival. L.R.A.1915B, 828. 
 Meeting or accompanying friends. 
 L.R.A.1915B, 833. 
 Delegation of duty as to safety of station 
 premises as affecting liability to pas- 
 sengers. 50 L.R.A. (N.S.) 56i. 
 Application to operations in depot grounds 
 of statute or ordinance requiring look- 
 out on trains. 5] L.R.A.(N.S.) 618. 
 Duty of street railway as to condition of 
 approaches to cars. 48 L.R.A. 
 (N.S.) 974. 
 Places under control of company. 48 
 
 L.R.A.(N.S.) 974. 
 Places not under control of company. 
 48 L.R.A.(N.S.) 976. 
 Right of passenger using as approach to | 
 station a way not provided by carrier. | 
 47 L.R.A.(N.S.) 1149. 
 
 CARRIERS, III. j, i— cont'd. 
 Liability to passenger for injury by article 
 falling from passing train. 44 L.R.A. 
 
 (N.S.) 1148. 
 
 § 72. Toward -whom duty owed. 
 
 Places within implied invitation extended to 
 persons on business at railroad. L.R.A. 
 1915B, 827. 
 
 Duty of railroad company to one who goes 
 upon station premises to transact busi- 
 ness with third person. L.R.A.1916A,. 
 516. 
 
 Liability of railroad company for injury 
 to one going to station after it has 
 been closed for the night. 43 L.R.A. 
 (N.S.) 1134. 
 
 Duty of carrier to newsboys. 50 L.R.A. 
 (N.S.) 689. 
 
 Duty and liability of carrier to passenger 
 who alights temporarily at interme- 
 diate point. 51 L.R.A.(N.S.) 899. 
 
 5. Condition of cars or vessels. 
 
 § 73. Generally. 
 
 Duty to heat oars, see supra, § 42. 
 
 Dutv as to freight cars, generally, see m- 
 
 "fra, IV. j. 
 Liability loi personal injury due to condi- 
 tion cf freight cars, see infra, § 138. 
 
 Duty as to condition of platform or running 
 board of street car. 45 L.R.A. (N.S.) 
 969. 
 
 Liability of carrier for injury to passenger 
 from baggage or parcels in aisle of 
 car. 43 L.R.A.(N.S.) 1050. 
 
 Liability of a carrier for injury to passen- 
 ger by latent defect in car. L.R.A. 
 1915D, 305. 
 
 Permitting space between platforms of cars 
 as negligence. L.R.A.1916D, 1113. 
 
 § 74. Overcroirded cars. 
 
 Contributory negligence on, see infra, § 80. 
 
 Liability of street railway company for in- 
 jury to person waiting for car in eon- 
 sequence of carrying passengers on 
 platform or running board. 43 L.R.A. 
 (N.S.) 269. 
 
 fc. Contributory negligence of person 
 injured. 
 
 § 75. Generally. 
 
 Question for jury as to, see Trial, § 46. 
 
 Imputing negligence of carrier to passenger. 
 
 L.R.A.1915A, 761. 
 Intoxication of passenger injured as 
 amounting to contributory neglif^ence, 
 47 L.R.A. (N.S.) 736; L.R.A.1916F, 102. 
 Contributory negligence of passenger in- 
 jured by other passenger who was ob- 
 viously drunk. 4 B. R. C. 340. 
 Contributory negligence of passenger in 
 standing inside of railroad car. 50 
 L.R.A.(X.S.) 441. 
 General rule. 50 L.R.A. (N.S.) 442. 
 On a, passenger train. 50 L.R.A. (N.S.) 
 442. 
 
 Begin with this boolt on every law question. 
 
INDEX "To NOTES. 
 
 75 
 
 CARRIERS, III. k— cont'd. 
 
 Leaving seat before car stops upon 
 approaching station. 50 L.R.A. 
 (N.S.) 444. 
 On a freight or mixed train. 50 L.R.A. 
 (N.S.) 446. 
 Leaving seat before car stops upon 
 approaching station. 50 L.R.A. 
 (N.S.) 450. 
 EflFect of posting notice warning pas- 
 sengers of danger of standing in 
 the car. 50 L.R.A. (N.S.) 450. 
 Contributory negligence of passenger in 
 standing inside of street car. 50 L.R.A. 
 (N.S.) 450. 
 Contributory negligence of passenger in- 
 jured by crush in entering car at ele- 
 vated or subway station. 51 L.R.A. 
 (N.S.) 1152. 
 Contributory negligence of passenger who 
 alights temporarily at intermediate 
 point. 51 L.R.A. (N.S.) 899. 
 
 § 76. Exposure of part of body. 
 
 Exposing part of body beyond car. 50 
 L.R.A.(N.S.) 42. 
 Railroad cases. 50 L.R.A. (N.S.) 42. 
 Contributory negligence per se. 50 
 
 L.R.A. (N.S.) 42. 
 Cases holding contrary. 50 L.R.A. 
 (N.S.) 45. 
 Street car case. 50 L.R.A. (N.S.) 46. 
 
 § 77. Passing fram one car to an- 
 other. 
 
 Contributory negligence of passenger in go- 
 ing from one car to another of moving 
 train in compliance with order of con- 
 ductor. L.R.A.1916E, 767. 
 
 § 80. Riding on platform. 
 
 Negligence of carrier, see supra, § 60. 
 
 Riding on platform of railroad car as negli- 
 gence. L.R.A.1915B, 166. 
 
 Riding on platform or running board of 
 street car as negligence. 49 L.R.A. 
 (N.S.) 135. 
 
 § 81. Getting on and off railroad 
 train. 
 
 Negligence of carrier, see supra, §§ 63-69. 
 
 Status as passenger of one who attempts 
 to board a moving car or train. L.R.A. 
 1916B, 832. 
 Negligence of passenger in getting on or off 
 moving train. L.R.A.1915C, 181. 
 Alighting from moving train. L.R.A. 
 1915C, 181. 
 Insufficient stop. L.R.A.1915C, 
 
 182 
 Failure to stop. L.R.A.1915C, 182. 
 Before reaching stop. L.R.A. 
 
 191 5C, 183. 
 After sufficient stop. L.R.A.1915C, 
 
 184. 
 By direction or invitation of those 
 in charge of the train. L.R.A. 
 1915C, 184. 
 After being warned. L.R.A. 1915C, 
 
 186. 
 To avoid impending danger. L.R.A. 
 1915C, 186. 
 Consult also L.R.A. Digests to date. 
 
 I CARRIERS, III. k— cont'd. 
 I Boarding train while in motion. L.R.A. 
 1915C, 186. 
 After insufficient stop. L.R.A. 
 
 1915C, 188. 
 After sufficient stop. L.R.A. 
 
 1915C, 188. 
 By direction of employee. L.R.A. 
 1915C, 189. 
 
 § 82. Getting on or off street car. , 
 
 Negligence of carrier, see supra, §§ 63-69. 
 
 Contributory negligence of passenger in- 
 jured by crush in entering car at ele- 
 vated or subway station. 51 L.R.A. 
 
 (N.S.) 1152. 
 
 m. Baggage and property of passenger. 
 
 % 86. Generally. 
 
 Liability of carrier for injury to passenger 
 from baggage or parcels in aisle of car. 
 43 L.R'.A.(N.S.) 1050. 
 
 § 88. Duty and liability of sleeping 
 car company. 
 
 Duty of sleeping car company as to baggage 
 or personal effects of passenger. 
 L.R.A.1915B, 621. 
 Effects for which recovery may be liad. 
 L.R.A.1915B, 622. 
 
 § 89. Liability for loss of generally. 
 
 Extent of recovery for loss, see Damages, 
 § 46. 
 
 Liability of baggage transfer company. 
 L.R.A.1916D, 1202. 
 
 Liability of carrier for baggage not accom- 
 panied by a passenger. 43 L.R.A. (N.S.) 
 806; L.R.A.1915E, 281. 
 
 Duty and liability of carrier as to baggage 
 not checked. L.R.A.1916E, 482. 
 
 Refusal to surrender ticket or pay fare be- 
 cavise of breach of contract as affecting 
 right to recover for damage to or loss 
 of baggage of passenger. L.R.A. 1916E, 
 491. 
 
 § 89a. Liability for loss of hand 
 baggage or other effects in the 
 custody and control of passenger. 
 
 Railroad and street railways. L.R.A. 1915B, 
 
 608, 609. 
 Money and valuables. L.R.A.1915B, 
 
 611. 
 Burden of proving negligence. L.R.A. 
 
 1915B, 611. 
 Limitation of liability. L.R.A.1915B, 
 
 612. 
 Contributory negligence of passenger. 
 
 L.R.A.1915B, 612. 
 Steamship companies. L.R.A. 1915B, 613. 
 Liability where articles are in state- 
 room. L.R.A.1915B, 613. 
 Liability where articles are not in 
 
 stateroom. L.R.A.1915B, 617. 
 What amounts to negligence on part of 
 
 carrier. L.R.A.1915B, 618. 
 Duty as to watch. L.R.A.1915B. 618. 
 Contributory negligence of passenger. 
 
 L.R.A.1915B, 619. 
 
76 
 
 INDEX TO NOTES. 
 
 CAREIERS, III. m—cont'd. 
 
 Liability for money or valuables. 
 
 L.K.A.1915B, 620. 
 Notice to deposit. L.R.A.1915B, 621. 
 Duty to declare character or Value of 
 
 effects. L.K.A.1915B, 621. 
 
 § 91. limitation of liability. 
 
 As to passengers generally, see supra, § 28. 
 As to freight, see infra, IV. i. 
 
 Limitation of carrier's liability for passen- 
 ger's baggage. L.K.A.1916A, 1273. 
 Immunity from liability. L.E.A.1916A, 
 
 1274. ' 
 Amount of liability. L.R.A.1916A, 
 
 1274. 
 Hand baggage. L.II.A.1916A, 1275. 
 Statutes. L.R.A.1916A,1275. 
 
 Limitation of liability by baggage transfer 
 company. L.R.A.1916D, 1204. 
 
 Carmack amendment as affecting state regu- 
 lations as to stipulations limiting lia- 
 bility. 50 L.R.A.{N.S.) 819. 
 
 Effect of limitation of carrier's liability on 
 liability for loss of hand baggage or 
 other effects in the custody or control 
 of passenger. L.R.A.1915B, 612. 
 
 § 92. Measure of damages. 
 
 See Damages, § 46. 
 
 n. Corpse. 
 
 § 93. Generally. 
 
 Who may maintain action for mutilation 
 of corpse. L.R.A.1915B, 519. 
 
 u. stations. 
 
 § 94. Generally. 
 
 Duty of company at, generally, see supra, 
 § 48., 
 
 Carrying beyond, see supra, § 46. 
 
 Safety of, see supra, §§ 70-72. 
 
 Discrimination at and governmental regula- 
 tion as to, see infra, §§ 161, 162. 
 
 As to contracts with reference to, see Rail- 
 roads, § 27. 
 
 q. Pullman and sleeping car compan- 
 ies. 
 
 § 96. Duty and liability of Pullman 
 or sleeping car companies. 
 
 Duty and liability as to baggage, see supra, 
 
 Duty to notify passenger of arrival at des- 
 tination. L.R.A.1915C, 669. 
 
 Liability for failure to furnish passenger 
 with sleeping-car accommodations. 
 L.E.A.1915B, 1202. 
 
 Constitutionality of statute requiring un- 
 occupied upper berth to be left closed. 
 L.R.A.191GA, 1139. 
 
 § 97. Rights, duties, and liabilities 
 of railroad com.pany. 
 
 Contract exempting railroad company from 
 liability for negligent injury to sleep- 
 ing car employees or others sustaining 
 a similar relation to the company. 50 
 L.R.A.(N.S.) 432. 
 
 CARRIERS, in.— oont'd. 
 
 .-. Connecting carriers; negligence of 
 other company. 
 
 § 98. Generally. 
 
 Of freight, see infra, IV. 1. 
 
 Contract exempting railroad company from 
 liability for negligent injuries to sleep- 
 ing car employees or others sustaining 
 a similar relation to the company. 50 
 L.R.A.(N.S.) 433. 
 
 " IV. Carriers of freight, 
 a. In general. 
 
 § 101. Generally. 
 
 Governmental control, see infra, V. 
 
 Effect of delivery of goods to carrier as be- 
 tween seller and purchaser, see Sale, 
 §§ 11, 14. 
 
 Effect of character of sum agreed upon for 
 breach of contract to provide freight as 
 penalty or liquidated damages of sin- 
 gle or multiple stipulations in contract. 
 L.R.A.1915E, 380. 
 
 Right of owner to benefit of insurance taken 
 out by carrier. 47 L.R.A.(N.S.) 196. 
 
 Liability of railroad company for injury 
 resulting from act of shipper or con- 
 signee in setting car in motion. 51 
 L.R.A.(N.S.) 888. 
 
 Liability for injury by explosives during 
 shipment. L.R.A.1916B, 725. 
 
 Liability of a carrier for injury or damage 
 inflicted by an animal which escapes 
 from its custody or control. L.R.A. 
 1915D, 564. 
 
 § 103. Efeect of deviation. 
 
 Effect of deviation upon rights and liabili- 
 ties of carriers. 3 B. R. 0. 285. 
 
 Prior deviation as affecting carrier's liabil- 
 ity for loss or damage to goods from 
 act of God. L.R.A.1916D, 988. 
 
 § 104. Injury to persons loading or 
 unloading. 
 
 Duty of carrier to protect one other than 
 employee from injury by movement of 
 cars or trains while loading or unload- 
 ing freight or express. L.R.A.1915F, 
 866. 
 
 § 106. Iiiability of baggage transfer 
 companies. 
 
 Liability of baggage transfer company. 
 
 L.R.A.1916D, 1202. 
 When duty commences. L.R.A.1916D, 
 
 1202. 
 What constitutes delivery by transfer 
 
 company. L.R.A.1916D, 1203. 
 Liability as affected by character of 
 
 goods. L.R.A.1916D, 1203. 
 Damages. L.R.A.1916D, 1203. 
 Limitation of liability. L.E.A.1916D, 
 
 1204. 
 The effect of a custom. L.R.A.1916D, 
 
 1205. 
 
 Begin ivith this 'booTc on every law question. 
 
INDEX TO NOTES. 
 
 77 
 
 CARRIERS, IV. — cont'd. 
 h. Bills of lading; special contracts. 
 
 § 107. Generally. 
 
 As to bills of lading generally, see Bills or 
 Lading. 
 
 Right as against carrier of discounter of 
 draft as to property covered by a bill 
 of lading attached to draft. 49 L.R.A. 
 (N.S.) 651. 
 
 c. Duty to receive and transport. 
 
 § 109. Generally. 
 
 Duty of carrier to accept liquor for trans- 
 portation to points where its sale 
 is prohibited or restricted. 45 
 L.R.A.(N.S.) 120. 
 Webb-Kenyon act. 45 L.R.A. (N.S.) 
 121. 
 
 d. Loss of, or injury to, property. 
 
 § 110. Generally. 
 
 To live stock, see infra, § 124. 
 Limitation of liability as to, see infra, IV. i. 
 Extent of recovery for, see Damages, § 47. 
 Presumption and burden of proof as to neg- 
 ligence, see EviDENCB, §§ 71, 71a. 
 
 Liability of carrier in respect of property 
 which it accepts improperly packed or 
 crated. L.R.A.1915D, 1077. 
 Effect of misrepresentation as to character, 
 quality, or value of goods by ship- 
 per on his right to recover for loss. 
 L.R.A.1915A, 502. 
 Effect of § 10 of interstate commerce 
 act, which prohibits a shipper 
 from obtaining transportation at 
 less than regular rates by fraudu- 
 lent representations as to value. 
 L.R.A.1915A, 506. 
 Effect of shipper's negligence in loading 
 car, or as to condition of car, upon 
 the carriers' common-law liability. 
 L.R.A.1915C, 1220. 
 Improper loading. L.R.A.1915C, 1220. 
 
 Live stock. L.R.A.1915C, 1222. 
 Negligence as to condition of car. 
 L.R.A.1915C, 1223. 
 
 § 111. By act of God or inevitable 
 accident. 
 
 Burden of proof when the defense in an 
 action to recover for loss or injury to 
 goods during carriage is act of God 
 or vis major. L.R.A.1915D, 547. 
 Prior delay or deviation as affecting car- 
 rier's liability for loss of or dam- 
 age to goods from act of God. 
 L.R.A.1916D, 988. 
 Negligent delay. L.E.A.1916D, 988. 
 Delay in delivering. L.R.A.1916D, 990. 
 Deviation. L.R.A.1916D, 991. 
 Duty of carrier where act of God has oc- 
 curred or is threatened. L.R.A.iniflD. 
 981. 
 Consult also Ij.R.A. Digests to date. 
 
 CARRIERS, XV.— cont'd. 
 
 e. Delivery to carrier. 
 
 § 112. What constitutes. 
 
 Passing of title to goods sold on, see Sale, 
 
 § 11- 
 What constitutes delivery of freight to 
 carrier. L.R.A.1916C, 608, 
 
 In general. L.R.A.1916C, 608. 
 
 As affected by lack of shipping con- 
 tract. L.R.A.1916C, 609. 
 
 Partial delivery. L.R.A.1916C, 609. 
 
 At warehouse. L.R.A.1916C, 610. 
 
 On side-tracked car. L.R.A.1916C, 610. 
 
 At unusual place. L.R.A.1916C, 6U. 
 
 On vessels. L.R.A.1916C, 612. 
 
 Live stock. L.R.A.1916C, 612. 
 
 /. Delivery by cari'ier; conversion; 
 delay. 
 
 § 117. Conversion; refusal to deliver. 
 
 Refusal of carrier to deliver goods as con- 
 version. 50 L.R.A. (N.S.) 1172. 
 The rule in general. 50 L.R.A. (X.S.) 
 1173. 
 Unqualified refusal. 50 L.R.A. 
 
 (N.S.) 1173. 
 Qualified refusal. 50 L.R.A. (N.S.) 
 1174. 
 Excuses for refusal to deliver or for 
 nondelivery. 50 L.R.A. (N.S.) 
 1174. 
 Failure to pay or tender freight 
 or other charges. 50 L.R.A. 
 (N.S.) 1174. 
 Failure to produce or surrender 
 bill of lading. 50 L.R.A. (N.S.) 
 1177. 
 Doubt as to identity of claimant 
 or right to receive. 50 L.R.A. 
 (N.S.) 1178. 
 Goods lost, stolen, misplaced, or 
 otherwise beyond carrier's 
 power to deliver. 50 L.R.A. 
 (N.S.) 1179. 
 Mistake as to arrival. 50 L.R.A. 
 
 (N.S.) 1180. 
 Miscellaneous. ' 60 L.R.A. (N.S.) 
 1181. 
 Effect of subsequent tender. 50 L.R.A. 
 
 (N.S.) 118L 
 Necessity of remand. 50 L.R.A. ( N.S. ) 
 1181. 
 Duty of carrier to give notice before sell- 
 ing goods or otherwise disposing 
 of them contrary to shipping di- 
 rections. 45 L.R.A.(N.S.) 18. 
 General principles. 45 L.R.A. (X.S.) 
 
 19. 
 Carriers on land. 45 L.R.A. (X.S.) 
 
 20. 
 Carriers on water. 45 L.R.A. (X.S.) 
 20. 
 Carriers on inland waters. 45 
 L.R.A.(N.S.) 21. 
 Statutory provisions. 45 L.R.A. (X.S.) 
 21. 
 
 § 121. Delay. 
 
 Extent of recovery for, see Damages, § 47. 
 
78 
 
 INDEX TO notes; 
 
 CARRIERS, IV. t— cont'd. 
 Prior delay as affecting carrier's liability 
 for loss or damage by act of God. 
 -. L.K.A.1916D, 988. 
 
 ! ,■ g. Liens; freight charges. 
 
 § 123. Generally. 
 
 Governmental control of rates, see infra, 
 V. c. 
 
 Right of mortgagee of ship as to freight. 
 
 4 B. R. C. 538. 
 Right of carrier to recover difference be- 
 tween rate charged shipper and 
 proper rate. 49 L.R.A.(N.S.) 92. 
 The rule in general. 49 L.R.A.fN.S.) 
 
 92. 
 Liability of consignee. 49 L.R.A. (N.S.) 
 
 96. 
 Posting. 49 L.R.A.(N.S.) 98. 
 Jurisdiction. 49 L.R.A. (N.S.) 99. 
 Estoppel. 49 L.R.A.(N.S.) 99. 
 Laches and statutes of limitation. 49 
 L.R.A.(N.S.) 100. 
 Liability of shipper for freight upon refusal 
 of consignee to accept goods. 52 L.R.A. 
 (N.S.) 398. 
 
 h. Carrying live stoclL 
 
 g 124. Generally. 
 
 Personal injury to drover, see supra, § 57. 
 
 Validity and .construction of statutes as 
 to transportation of infected animals 
 from other states or cominunities. 43 
 L.R.A. {N.S.) 1068. 
 
 Liability of a carrier for injury or damage 
 inflicted by an animal which escapes 
 from its custody or control. L.R.A. 
 1915D,' 564. 
 
 Liability of carrier for suffocation of live 
 stock. 43 L.R.A.(N.S.) 617. 
 
 Effect of shipper's negligence in loading 
 car or as to condition of ear upon the 
 carrier's common-law liability. L.R.A. 
 1915C, 1222. 
 
 Presumption and burden of proof as to car- 
 rier's negligence in case of contract 
 limiting liability. L.R.A.1915D, 649, 
 658. 
 
 Reasonableness of time fixed in a contract 
 of shipment of live stock for presenta- 
 tion of claim for damages. L.R.A. 
 1916D, 341. 
 
 Reasonableness of time fixed in a contract 
 of shipment of live stock for bringing 
 action. L.R.A.1916D, 350. 
 
 i. Iiinvitation of liability. 
 
 § 128. Generally. 
 
 As to passengers, generally, see supra, § 28. 
 
 As to baggage, see supra, § 91. 
 
 Matters affecting commerce, see Commeece, 
 § 9. 
 
 Presumption and burden of proof as to neg- 
 ligence in case of contract limiting 
 liability, see Evidence, § 71a. 
 
 Of 
 
 baggage transfer company. L.R.A. 
 1916D, 1204. 
 
 Begin with this hook on every law question. 
 
 CARRIERS, IV. i— cont'd. 
 § 133. As to time of giving notice or 
 commencing snit. 
 
 Matters affecting interstate commerce, see 
 
 COMMEBCB, § 9. 
 
 Reasonablenes of the time fixed in a con- 
 tract of shipment of live stock, for 
 presentation of claim for damages. 
 L.R.A.1916D, 341. 
 Reasonableness of the time fixed in a con- 
 tract of shipment of goods or live stock 
 for bringing action. L.R.A.1916D, 350. 
 Waiver or extension of time stipulated in 
 carrier's contract for claim or suit 
 against carrier. L.R.A.1916D, 
 1049. 
 Stipulation as to notice of claim. 
 
 L.R.A.1916D, 1049. 
 Stipulation as to commencement of 
 suit. L.R.A.1916D, 1057. 
 
 J. Duty as to cars, 
 
 § 136. Generally. 
 
 Condition of passenger cars, see supra, 
 §§ 73, 74. 
 
 Effect of shipper's negligence in loading 
 car, or as to condition of car, upon 
 carrier's common-law liability. L.R.A. 
 1915C, 1220. 
 
 § 138. liiability for personal injury 
 due to condition of cars. 
 
 Duty of consignor or consignee to his em- 
 ployees as to the condition of cars. 45 
 L.R.A.(N.S.) 707. 
 
 Liability of railroad company to employee 
 for injuries caused by defectively load- 
 ed car. 49 L.R.A. (N.S.) 1011. 
 
 $ 139. Duty as to furnishing. 
 
 Matters of interstate commerce as to, see 
 COilMEBCE, § 10. 
 
 Duty of carrier to furnish cars independ- 
 ently of contract. 44 L.R.A. 
 (N.S.) 643. 
 
 Scope. 44 L.R.A. (N.S.) 643. 
 
 General duty to furnish cars. 44 
 L.R.A.(N.S.) 643. 
 
 Emergencies. 44 L.R.A. (N.S.) 646. 
 
 Discrimination. 44 L.R.A. (N.S.) 648. 
 Coal cars. 44 L.R.A. (N.S.) 651. 
 
 Damages. 44 L.R.A. (N.S.) 654. 
 
 Measure of damages. 44 L.R.A. 
 (N.S.) 655. 
 
 Miscellaneous. 44 L.R.A. (N.S.) 657. 
 
 fc. Demurrage; delay in unloading. 
 
 § 141. Generally. 
 
 Liability of shipper for demurrage upon re- 
 fusal of consignee to accept goods. 52 
 L.R.A.(N.S.) 398. 
 
 I. Connecting carriers; liability beyond 
 own line. 
 
 § 142. Generally. 
 
 Duty of connecting carrier to know contract 
 made by initial carrier. 52 L.R.A. 
 
 (N.S.) 858. 
 
INDEX TO NOTES. 
 
 79 
 
 CARRIERS, IV. I— cont'd. 
 
 Generally. 52 L.R.A.(N.S.) 858. 
 Agency or partnership. 52 L.R.A. 
 
 (N.S.) 861. 
 Knowledge by ratification. 52 L.R.A. 
 
 (N.S.) 865. 
 Route changed. 52 L.R.A.(N.S.) 868. 
 Statutory provisions. 52 L.R.A.(N.S.) 
 
 870. 
 
 § 143. Inability for loss. 
 
 In case of passengers, see supra, § 98. 
 
 m. Transporting intoxicating liquor. 
 
 S 144. Generally. 
 
 Duty of carrier to accept liquor for trans- 
 portation to points where its sale is 
 prohibited or restricted. 45 L.R.A. 
 (N.S.) 120. 
 
 y. Governmental control; rates; dis- 
 crimination; duty as to stopping 
 places. 
 
 a. In general. 
 
 -:§ 147. Generally. 
 
 jis to matters affecting interstate com- 
 merce, see Commerce, §§ 4-12. 
 
 Regulation of jitney buses, see Jitnet 
 Buses. 
 
 As to regulation of public service corpo- 
 rations generally, see Public Service 
 Corporations. 
 
 Kequiring connection or joint use of prop- 
 erties of railroad companies as a tak- 
 ing for which compensation must be 
 made. 50 L.R.A. (N.S.) 652; L.R.A. 
 1916E, 759. 
 
 Full crew acts. 49 L.R.A. (N.S.) 977. 
 
 Power to prohibit smoking in street cars. 
 5] L.R.A.(N.S.) 562. 
 
 Regulation of temperature of cars. L.R.A. 
 1915F, 792. 
 
 ■Constitutionality of statute requiring un- 
 occupied upper berth to be left closed. 
 L.R.A.1916A, 1139. 
 
 Validity of regulations by public concerning 
 the manner, of using tickets or mileage 
 books. L.R.A.1915E, 902. 
 
 § 149. Compulsory connection trith 
 side track. 
 
 Power to compel railroad to build, main- 
 tain, or connect with side track for 
 accommodation of shippers. L.R.A. 
 1915E, 682. 
 
 1). Discrim,ination. 
 
 -% ISO. Generally. 
 
 3s shipper's common-law right of action for 
 discrimination by carrier taken 
 away by statute on the subject. 
 45 L.R.A.(N.S.) 612. 
 Interstate commerce act. 45 L.R.A. 
 (N.S.) 614. 
 JJight of railroad to discriminate as to 
 wharf privileges. 43 L.R.A.(N.S.) 
 965. 
 ■Consult also Xj.B.A. Digests to date. 
 
 CARRIERS, y.—confd. 
 
 Validity of monopoly or special privilege 
 granted to third persons, of providing 
 facilities to shippers at place of ship- 
 ment or destination. L.R.A,1915C, 
 250. 
 
 § 152. Between hackmen, etc. 
 
 Right to discriminate between hackmen and 
 other solicitors of patronage at 
 depots, wharves, etc. L.R.A. 
 1915B, 358. 
 Doctrine permitting discrimination. 
 L.R.A.1915B, 358. 
 Effect of statute. L.R.A.1915B, 
 359. 
 Doctrine denying right to discriminate. 
 L.R.A.1915B, 359. 
 Designation of stands. L.R.A. 
 1915B, 359. 
 
 § 153. Betireen passengers or ship- 
 pers. 
 
 Discrimination in furnishing cars to ship- 
 per. 44 L.R.A.(N.S.) 648. 
 
 c. Bates; rebates. 
 
 § 154. Generally. 
 
 Rates as affected by interstate commerce 
 act, see Commerce, § 7. 
 
 Incorporation of territory into municipal- 
 ity as affecting existing contract of 
 carrier as to rates in that territory. 
 L.R.A.1916A, 1071. 
 
 What constitutes switching service. L.R.A. 
 1916D, 455. 
 
 Who are within statutes or ordinances re- 
 quiring carriers to give reduced rates 
 to "pupils" or "school children." 43 
 L.R.A.(N.S.) 172. 
 
 Suits to restrain enforcement of carrier 
 rates as suit against the state. 44 
 L.R.A.(N.S.) 215. 
 
 Right of state to maintain action to recover 
 excess rates or charges exacted of in- 
 dividuals by carrier. L.R.A.1916C, 336. 
 
 § 156. Power to fix rates. 
 
 Power of municipality, apart from contract, 
 to regulate rates of street railway com- 
 pany. 43 L.R.A. (N.S.) 994. 
 
 Right to raise rates of public service cor- 
 portation fixed by franchise. L.R.A. 
 1915C, 287. 
 
 Effect of contract with patron to preclude 
 regulation of rates. L.K.A.1915C, 28-^. 
 
 Regulation of fares charged by jitney buses. 
 L.R.A.1916B, 1159. 
 
 § 157. — power to require reduced 
 rates. 
 
 Right to reduce rates fixed by franchise or 
 charter. L.R.A.1915C, 261. 
 
 § 159. Discrimination as to. 
 
 Is shippers' common-law right of action for 
 discrimination by carrier taken away 
 by statute on the subject. 45 L.R.A. 
 (N.S.) 612. 
 
80 
 
 CARKIEBS, v.— cont'd. 
 
 d. As to stations and trains. 
 
 § 161. Generally. 
 
 As to duty to passengers with respect to 
 stations, see supra, III. g, 4. 
 
 Consideration of extrinsic evidence to show 
 
 unconstitutionality of statute demand- 
 ing railroad to maintain a certain 
 
 station. L.K.A.1915D, 460. 
 Power to require carrier to keep agent at 
 
 station. 46 L.R.A.(N.S.) 242. 
 Duty of railroad company to install tele- 
 graph or telephone in its station. 
 47 L.K.A.(N.S.) 974. 
 
 For general commercial purposes. 47 
 L.R.A.(N.S.) 974. 
 
 For the transaction of the railroad 
 company's own business. 47 
 L.R.A.(N.S.) 975. 
 Power to compel change of location of rail- 
 road station. L.R.A.1915D, 91. 
 
 Reasonableness of change ordered. 
 L.R.A.1915D, 92. 
 Power to require establishment of union 
 station. L.R.A.1915D, 98. 
 
 Power of court to determine location. 
 L.R.A.1915D, 98. 
 
 Power of legislature to direct construc- 
 tion of union stations. L.R.A. 
 1915D, 98. 
 
 Power of legislature to organize Com- 
 mission to direct construction of 
 union depots. L.R.A.1915D, 98. 
 
 Effect of loss of old site. L.R.A.1915D, 
 101. 
 
 Requiring change of line, delay in 
 schedule, etc. L.R.A.1915D, 102. 
 
 Miscellaneous. L.R.A.1915D, 103. 
 
 § 162. Stopping of trains. 
 
 Power to compel stoppage of trains at 
 stations. 44 L.R.A. (N.S.) 478. 
 Interstate. 44 L.R.A. (N.S.) 481. 
 
 INDEX TO NOTES. 
 
 CARRYING ON BUSINESS. 
 
 By foreign corporation, see Corporations, 
 XI. b. 
 
 CARRYING WEAPONS, 
 
 § 1. Generally. 
 
 Cruel and unusual punishment for. L.R.A. 
 1915C, 570. 
 
 § Z. Concealed weapons. 
 
 Cruel and unusual punishment for. L.R.A. 
 1915C, 570. 
 
 Admissibility of weapons taken from de- 
 fendant charged with carrying con- 
 cealed weapons. L.R.A.1915B, 837. 
 
 Homicide by accidental discharge of weap- 
 on carried in violation of law. 45 
 L.R.A.{N.S.) 221. 
 
 CARS. 
 
 Condition of passenger cars, see Cabbiebs, 
 
 §§ 42, 73, 74. 
 Duty as to freight cars, see Cabbiebs, § 140. 
 Master's liability for injury to employee 
 
 due to condition of, see Mastee and 
 
 Servant, § 93. 
 
 Attachment or garnishment of foreign lall- 
 road car. L.R.A.1915D, 838. 
 
 Hand car as a car within statute or ordi- 
 nance. L.R.A.1915A, 817. 
 
 Liability of hirer of railroad cars under 
 special terms of contract for their care 
 or return. L.R.A.1915B, 305. 
 
 Liability of master where servant invites or 
 permits children to ride on. L.R.A. 
 1915E, 888. 
 
 CAR STARTER. 
 
 As fellow servant. 52 L.R.A.(N.S.) 1095. 
 
 * «♦ 
 
 CARTER'S AVILD CHERRY BIT- 
 TERS. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 316. 
 
 CARTMEN AND TEAMSTERS. 
 
 § 1. Ge^ierally. 
 
 Hackmen, see 'Hacks. 
 
 Regulation of draymen. 45 L.R.A. (N.S.)■ 
 ]]52. 
 Introduction and general principles^ 
 
 45 L.R.A.(N.S.) 1152. 
 Power to regulate generally. 45 L.R.A.. 
 
 (N.S.) 1153. 
 Application of regulations to particu- 
 lar eases. 45 L.R.A.(N.S.) 
 1154. 
 To nonresidents. 45 L.R.A. (N.S.) 
 1155. 
 Reasonableness of regulations. 45- 
 L.R.A.(N.S.) 1156. 
 As discriminatory. 45 L.R.A. 
 (N.S.) 1158. 
 
 Begin ivith this hoolc on everii law question. 
 
 CASE. 
 
 § 1. Generally. 
 
 Liability for conspiracy to injure business 
 of another, see Conspiracy, II. 
 
 Right of action for unlawful combinations, 
 see Conspibaot, Monopoly and Combi- 
 nation. 
 
 Right of action for causing death, see 
 Death, II. 
 
 Alienation of affections of husband or wife, 
 see Husband and Wife, VI. c. 
 
INDEX TO NOTES. 
 
 81 
 
 CASE— coMf'd. 
 
 Master's liability for malicious act of serv- 
 ant generally, see Master and Serv- 
 ant, § 176. 
 
 Action for seduction, see Seduction. 
 
 Right of convicted person to maintain an 
 action against viritness for negligently 
 giving false evidence. 3 B. R. C. 251. 
 
 Liability of one who procures defamatory 
 testimony to be given. 4 B. R. 0. 986. 
 
 Civil liability for causing suicide. 47 
 L.R.A.(N.S.) 1009. 
 
 Right to recover for physical injury re- 
 sulting from fright caused by wrongful 
 act. L.R.A. 19151), 830. 
 
 Joinder of successive owners of property in 
 action on the case for nuisance main- 
 tained thereon. 46 L.R.A.(N.S.) 1188. 
 
 Liability of individual, in the absence of 
 any element of conspiracy, for driving 
 away another's customers. L.R.A. 
 1915B, 1180. 
 
 Landlord's interference with business rela- 
 tions between his tenants and third 
 persons. L.R.A.1916B, 815. 
 
 Right of third person to complain of regu- 
 lations concerning conduct of students, 
 employees, etc., by which he is injuri- 
 ously affected. 51 L.R.A.(N.S.) 17. 
 
 Eight of physician to complain of regula- 
 tions of beneficial association or em- 
 ployer as to employment of physician. 
 L.R.A.1916B, 839. 
 
 § 3. Inducing breach of contract. 
 
 Right of action for damages for inducing 
 breach of contract. L.R.A.1915F, 1076. 
 
 Liability for inducing breach of invalid or 
 unenforceable contract. L.R.A.1915A, 
 
 820. 
 
 g 4. — inducing discharge of servant 
 or preventing his employment. 
 
 Civil liability for inducing discharge of 
 employee. 48 L.R.A.(N.S.) 893. 
 
 Liability of labor union or its members to 
 persons with whose employment it has 
 interfered. 1 B. R. C. 514. 
 
 § 5. — inducing servant to quit gen- 
 erally. 
 
 Right of action for damages for inducing 
 servant to break contract. L.R.A. 
 1915F, 1076. 
 
 § 6. Inducing minor to quit parent. 
 
 Enticement of child to leave parent. 45 
 L.E.A.(N.S.) 871. 
 Who may recover. 45 L.R.A. (N.S.) 
 872. 
 What amounts to enticement of minor child 
 from parent's custody. 48 L.R.A. 
 (N.S.) 1001. 
 
 CASH BAIL. 
 
 Deposit of cash in lieu of bail in criminal 
 cases, in absence of statutory author- 
 ity. 44 L.R.A.(N.S.) 1150. 
 Consult also L.R.A. Digests to date. 
 
 CASH DIVIDENDS. 
 
 Rights in, as between life tenant and re- 
 mainderman. 50 L.R.A.(N.S.) 510. 
 
 CASH SALE. 
 
 Right of purchaser of, or creditors levying 
 on, goods sold for cash but delivered 
 without payment. 47 L.R.A. (N.S.) 
 173. 
 
 CASH SURRENDER VALUE. 
 
 Of insurance policy, see Insurance, § 57. 
 
 CASUAL EMPLOYEE. 
 
 Who are, within meaning of workmen's com- 
 pensation act. L.R.A.191GA, 120, 247, 
 365. 
 
 CATERER. 
 
 Liability for serving unfit food. L.R.A 
 1915B, 481. 
 
 CATTLE. 
 
 Transportation of, see Carriers, IV. h. 
 Injuries to, on railroad track, see Rail- 
 roads, §§ 73, 85. 
 In general, see Animals. 
 
 CATTLE GUARDS. 
 
 Duty of railroad company as to, generally, 
 see Railroads, § 34. 
 
 Duty of railroad company to maintain safe- 
 guards to prevent employees from fall- 
 ing into. 50 L.R.A. (N.S.) 550. 
 
 CATTLE YARDS. 
 
 On railroad right of way as separate sub- 
 jects of taxation. L.R.A.1916B, 416. 
 
 •-•-♦ 
 
 CAUCUS. 
 
 See Elections, III. 
 
82 INDEX TO NOTES- 
 
 CAUSE. 
 
 Opinion evidence as to, see Evidence, VIII. 
 
 Admissibility of evidence as to generally, 
 
 see Evidence, § 248. 
 Of loss of insured propertv, see Insueance, 
 
 VIII. C. i" i" ^• 
 
 Proximate cause, see Pboximate CAtrsE. 
 
 CAUTION. 
 
 EflFect of caution or failure to caution ac- 
 cused on voluntariness of confession. 
 50 L.R.A.(N.S.) 1083. 
 
 ■■♦♦»■■ 
 
 CAVEAT EMPTOR. 
 
 See also Sale. 
 
 Application of principle of caveat emptor in 
 sales by mortgagee under power in 
 mortgage. 49 L.R.A.(N.S.) 514. 
 
 Applicability of rule caveat emptor to sales 
 by guardian of minors as regards v^ard's 
 title. L.R.A.1915E, 834. 
 
 CEIiliAR DOOB. 
 
 E.xtension of, beyond line as violation of 
 building restriction. 52 L.E.A.(N.S.) 
 1052. 
 
 CEMETERIES. 
 
 § I. Generally. 
 
 Effect of constitutional or statutory exemp- 
 tion of, from condemnation proceed- 
 ings. L.E.A.1916A, 1106. 
 Validity of regulations concerning care or 
 improvement of cemetery lots. 
 L.R.A.1915E, 168. 
 Delegation of power by legislature. 
 
 L.R.A.1915E, 168. 
 Exercise of power. L.R.A.1915E, 168. 
 
 § 3. Assessment and taxation of. 
 
 Liability to assessments for local improve- 
 ments. 44 L.R.A.(N.S.) 57; L.R.A. 
 1916F, 865. 
 
 CENSORSHIP. 
 
 CERTIFICATE. 
 
 § 1. Generally. 
 
 Of acknowledgment, see Acknowledgment. 
 Of performance of contract, see Conteacts, 
 
 § 140. 
 Of receiver, see Eeceivebs, 
 
 CERTIFICATION. 
 
 Of check, see Checks, § 7. 
 
 CERTIFIED CHECKS. 
 
 See Checks, § 7. 
 
 CERTIORARI. 
 
 § 1. When lies. 
 
 To review excessive sentence. 51 L.R.A. 
 
 ' (N.S.) 388. 
 
 Right of garnishee to certiorari to review 
 judgment against principal defendant 
 on ground of lack of jurisdiction. 51 
 L.E.A.(N.S.) 600. 
 
 < » » 
 
 CHAI.EENGES. 
 
 Of juror, see Jtjeies, § 9. 
 
 CHAMBER OF COMMERCE. 
 
 Right to subsidize enterprises. 
 1916B, 1009. 
 
 L.R.A. 
 
 Of motion picture filrns. L.R.A.1916C, 227. 
 
 CBBTAINTY. 
 
 Of charitable gift, see Charities, §§ 6-8. 
 As condition of specific performance, see 
 Specific Peeformance, § 23. 
 Begin ivith, this ftooTc on every law question. 
 
 CHAMPEBTY AND MAINTE- 
 NANCE. 
 
 § 1. Generally. 
 
 Validity of agreement to defeat probate of 
 
 will. 43 L.R.A. (N.S.) 575. 
 Validity of assignment of debt as affected 
 by nature of consideration, or by 
 assignee's ulterior purpose. 5 B. 
 R. C. 611. 
 
 As affected by nature of consideration 
 5 B. R. C. 611. 
 
 As affected by assignee's ulterior pur- 
 pose. 5 B. R. C. 613. 
 Champertous contracts of laymen. L.R.A. 
 1916E, 68. 
 
 Prosecution of suits. L.R.A.1916E, 68. 
 Contracts for services. L.R.A. 
 1916E, 70. 
 
 Litigation an element. L.R.A. 1916E, 
 71. 
 
 Defending suits. L.R.A.1916E, 71. 
 
 Litigious rights. L.R.A. 1916E, 72. 
 
 Chattels held adversely. L.R.A.1916E, 
 72. 
 
INDEX TO NOTES. 
 
 CHAMPERTY AND MAINTENANCE— 
 cont'd. 
 Insurance and indemnity contracts. 
 
 L.R.A.1916E, 72. 
 Assignment of right to file bill in 
 
 equity. L.II.A.1916E, 73. 
 Judicial sales. L.R.A.1916E, 74. 
 English statute of assignments. L.R.A. 
 
 1916E, 74. 
 Effect of common interest. L.R.A. 
 
 1916E, 74. 
 Relationship. L.R.A.1916E, 76. 
 Charity. L.R.A.1916E, 76. 
 The general doctrine not in force. 
 L.R.A.1916E, 77. 
 
 Particular statutes. L.R.A. 1916E, 
 77. 
 Miscellaneous. L.R.A.1916E, 78. 
 
 CHANCE. 
 
 As element in lottery, see Lotteet. 
 • — — — ♦-•-» 
 
 CHANCERY. 
 
 See Equity. 
 
 CHANGE OF APPLIANCES. 
 
 Assumption of risk by employee of dangers 
 arising from. L.R.A.1916D, 1210. 
 
 CHANGE or BENEFICIARY. 
 
 In benefit certificate, see Instjeance, VI. b. 
 
 — « « » 
 
 CHANGE OF GRADE. 
 See Highways, V. c. 
 
 ♦-»-• 
 
 CHANGE OF OCCUPATION. 
 By insured, effect, see Insurance, § 95. 
 
 CHANGE OF POSITION. 
 
 Within law of estoppel, see Estoppel, § 7b. 
 
 CHANGE OF POSSESSION. 
 
 Necessity of, as against creditors, see 
 Fraudulent Conveyances, § 19. 
 
 Change of possession of chattel sold, see 
 Fraudulent Conveyances, § 19 ; Sale, 
 §§ 10, 11, 14. 
 
 Of pledged property, see Pledge and Col- | 
 
 LATERAL SECURITY, § 5. 
 
 Consult also L.R.A. Diaests to date. 
 
 CHANGE OF RESICENCE. 
 
 See DoMiciL and Residence, § 6. 
 
 CHANGE OF TITLE. 
 
 To insured property, see Insurance, §§ 
 71. 
 
 CHANGE OF VENUE. 
 
 See Venue, § 2. 
 
 CHANGING CONDITIONS. 
 
 Master's duty as to safety of place where 
 conditions are changing, see Master 
 AND Servant, § 80. 
 
 ♦ »» 
 
 CHANNEL. 
 
 Artificial channel, see Artificial Channel. 
 
 CHARACTER. 
 
 § 1. Generally. 
 
 Presumption and burden of proof as to, see 
 Evidence, § 25. 
 
 Admissibility of evidence as to, see Evi- 
 dence, XII. c. 
 
 As to reputation, see Reputation. 
 
 Of indorser as putting purchaser of nego- 
 tiable paper on inquiry. 44 L.R._A 
 (N.S.) 403. 
 
 § 2a. Of accused. 
 
 Presumption as to good character of de- 
 fendant in criminal case. 46 L.R.A. 
 (N.S.) 342. 
 
 As affecting voluntariness of confession. 
 50 L.R.A.{N.S.) 1082. 
 
 CHARGE. 
 
 By carrier, see Cabriers, §§ 23, 122. 
 For use of Telephone, see Telephones, § 5. 
 On devise or legacy, see Wills, § 119. 
 Rates charged, see Rates. 
 
 CHARITABLE INSTITUTION. 
 
 Liability of, see Charities, § 2. 
 
84 
 
 CHARITIES. 
 
 INDEX TO NOTES. 
 
 CHATTEL MORTGAGE. 
 
 § 1. Generally. 
 
 Cliaritat)le gifts to corporation, see Conpo- 
 
 KATIONS, § 26a. 
 Subscription to charity, see Subsceiptions. 
 Exemption from taxation of property of 
 
 charitable society, see Taxes, §§ 24-26. 
 Restriction on charitable gifts by will, see 
 
 Wills, §§ 72, 73. 
 See also Benevolent Societies; Hospitals. 
 
 State or municipal power to control private 
 charity. L.R.A.1916D, 912. 
 
 Liability of property of charitable institu- 
 tion to assessments for local improve- 
 ments. 44 L,.R.A.(N.S.). 57. 
 
 Mechanics' lien on property of charitable 
 institution. 51 L.R.A.(N.S.) 161. 
 
 What constitutes residence of inmate of 
 charitable home entitling him to privi- 
 leges of public schools. 51 L.E.A. 
 (N.S.) 234. 
 
 § 6. Uncertainty; indefiniteness. 
 
 § 8. — certainty as to beneficiaries. 
 
 Extrinsic evidence to establish identity of 
 charitable corporation named as lega- 
 tee or devisee in will. 47 L.R.A. (N.S.) 
 523. 
 
 § 10. Administration; enforcement. . 
 
 Who may enforce trust for masses. 46 
 L.R.A. (N.S.) 222. 
 
 § 11. Cy pres doctrine. 
 
 Applicatio;i of doctrine of cy prSs in dis- 
 posing of property of church upon its 
 dissolution. 47 L.R.A. (N.S.) 1016. 
 
 § 12. Liability of charitable irstitn- 
 tion. 
 
 Liability of hospitals, see Hospitals, § 4. 
 
 Liability of charitable institutions for per- 
 sonal injuries. 52 L.R.A. (N.S.) 505. 
 
 CHARTERS. 
 
 Of corporation, see Cokpoeations, § 18. 
 Municipal charter, see Municipal Coepoea- 
 TIONS, § 7. 
 
 CHASTITY. 
 
 Actionability of words reflecting on, see 
 Libel and Slandee, § 12. 
 
 Presumptions and burden of proof as to 
 chastity where it is an ingredient of 
 the offense or a condition of convic- 
 tion. 43 L.R.A.{N.S.) 476. 
 
 Rifht of accused to show unchastity of 
 prosecutrix in statutory rape. 48 
 L.R.A.(N.S.) 269. 
 
 Evidence of specific instances of unchastity 
 of alleged victim of sexual offense. 
 L.R.A.1916B, 965. 
 
 /. In general, § 1. 
 II. What constitutes, § 3. 
 IT. Validity generally, §g 4—6. 
 VI. Property covered, §§ 8—13. 
 VIII. Filing; recording; renewal, §S 
 16-33. 
 IX. Effect generally, §§ 33, 34. 
 X. Bights of parties; priorities, §§ 
 35-37. 
 XI. Sale or removal of mortgaged 
 chattels, § 38. 
 XII. Assignment; discharge; loss or 
 waiver of lien, §§ 39—31. 
 XIII. Enforcement; remedies, § 33. 
 
 I. In general. 
 
 § 1. Generally. 
 
 For purchase money, see Pttechase Monet, 
 
 § 8. 
 Accession to property which is the subject 
 
 of chattel mortgage. L.R.A.1916E, 256. 
 
 //. What constitutes. 
 
 § 2. Generally. 
 
 Parol evidence that written instrument 
 which on its face imports a complete 
 transfer was intended to operate as a 
 mortgage or pledge. L.R.A.1916B, 18. 
 
 IV. Validity generally. 
 
 § 4. Generally. 
 
 Effect of filing or recording, see infra, § 21. 
 
 VI. Property covered. 
 
 § 8. Generally. 
 
 What articles are included in such general 
 terms as appurtenances, fixtures, and 
 the like, employed in chattel mortgage. 
 46 L.R.A. (N.S.) 206. 
 
 VIII. Filing; recording; renewal. 
 
 § 21. EfEect. 
 
 Recording mortgage as notice of rights of 
 mortgagee to agent selling or disposing 
 of property intrusted to him by hia 
 principal. 50 L.R.A. (N.S.) 58. 
 
 Effect of filing chattel mortgage after giving 
 of subsequent mortgage, but before fil- 
 ing of the same. L.R.A.1916D, 244. 
 
 g 22. Renewal. 
 
 lure to rene' „ „ 
 
 affecting purchaser or encumbrancer of 
 property before lien of mortgage had 
 expired. 47 L.R.A. (N.S.) 668. 
 
 IX. Effect generally. 
 
 § 24. Efficacy of mortgage on fix- 
 tures. 
 
 Right of seller of chattel who retains title 
 and takes mortgage for purchase price 
 as against purcliaser of realty to which 
 it is affixed by owner. 49 L.R.A. (N.S.) 
 396. 
 
 Begin with this hooTc on every law question. 
 
INDEX TO NOTES. 
 
 85 
 
 CHATTEL MORTGAGE— cojii'd. 
 
 X. Bights of parties; priorities. 
 
 § 25. Generally. 
 
 Forfeiture of rights of innocent mortgagee 
 in propei-ty used in violation of law. 
 L.E.A.1916E, 343. 
 Agreement between landlord and tenant for 
 removal of fixtures by latter as affect- 
 ing rights of mortgagee of fixtures. 
 L.R.A.1915E, 828. 
 EflFect of unlawful seizure of property by 
 mortgagee assuming to act under 
 mortgage. L.R.A.1915E, 193. 
 Effect on lien of mortgage. L.R.A. 
 
 :915E, 193. 
 Actions to recover possession. L.R.A. 
 1915E, 194. 
 Where mortgagee is entitled to 
 possession. L.R.A.1915E, 194. 
 Where mortgagee is not entitled 
 to possession. L.R.A. 1915E, 
 194. 
 Where mortgagee is entitled to 
 possession at time of trial, 
 but not at time of seizure. 
 L.R.A.1915E, 195. 
 Actions to recover personal judgments. 
 L.R.A.1915E, 196. 
 Actions in trespass. L.R.A.1915E, 
 
 196. 
 Actions in trover. L.R.A.1915E, 
 
 198. 
 Measure of damages. L.R.A.1915E, 
 199. 
 Eight of mortgagee of ship to take posses- 
 sion. 4 B. R. C. 529. 
 Riglit of mortgagee of ship as to freight. 
 4 B. R. C. 538. 
 What constitutes taking possession. 4 
 
 B. R. C. 541. 
 
 Right as affected by time of taking pos- 
 session. 4 B. R. C. 542. 
 
 Right to freight where only nominal 
 freight is named or the cargo is 
 owned bv the shipowner. 4 B. R. 
 
 C. 542. 
 
 Where the mortgage is of a fractional 
 
 interest only. 4 B. R. C. 543. 
 Rights as against third parties. 4 B. 
 R. C. 544. 
 Prior or subsequent mortgagees. 
 4 B. R. 0. 545. 
 Miscellaneous. 4 B. R. C. 546. 
 
 § 26. Effect of "danger," "safety," or 
 "insecurity" clanse. 
 
 Acceleration provision as affecting nego- 
 tiability of notes. L.R.A.1915B, 473. 
 
 § 27. Priorities. 
 
 Priority of right of mortgagee of ship as 
 to freight. 4 B. R. C. 545. 
 
 Effect of filing chattel mortgage after giv- 
 ing subsequent mortgage but before 
 filing of the same. L.R.A.1916D, 244. 
 
 Priority's between lien of chattel mortgage 
 " and claim of one taiing animals dam- 
 age feasant. L.R.A.1916E, 528. 
 Constilt also L.R.A. Digests to date. 
 
 CHATTEL MORTGAGE, X.—ooht'd. 
 Priority of lien for services on personal 
 
 property over prior chattel mortgage. 
 
 L.R.A.1015D, 1149. 
 
 XI. Sale or removal of mortgaged 
 chattels. 
 
 § 28. Generally. 
 
 Failure to renew chattel mortgage as affect- 
 ing purchaser of property before lien 
 of mortgage had expired. 47 L.R.A. 
 (N.S.) 668. 
 
 Sale of mortgaged chattels by, or with con- 
 sent of, mortgagor, and application of 
 proceeds to payment of mortgage, as 
 a foreclosure cutting off intervening 
 liens. 45 L.R.A. (N.S.) 1137. 
 
 Right of lienor to proceeds where property 
 is sold with his consent under agree- 
 ment that proceeds shall be applied 
 toward payment of debt. L.R.A.1915C, 
 166. 
 
 XII. Assignment; discharge; loss or 
 waiver oj lien. 
 
 § 30. Discharge, loss, or -vaiver. 
 
 Consent to sale of property by mortgagor 
 
 after the mortgage is given as 
 
 waiver of lien. 43 L.R.A. (N.S.) 
 
 302. 
 Rights of purchaser of mortgaged 
 
 property. 43 L.R.A. (N.S.) 303. 
 Right to proceeds realized from sale of 
 
 mortgaged property. 43 L.R.A. 
 
 (N.S.) 305. 
 Effect of parol consent to sale. 43 
 
 L.R.A.(N.S.) 306. 
 Conditional consent to sale. 43 L.R.A. 
 
 (N.S.) 307. 
 Right of lienor to proceeds where property 
 is sold with his consent under agree- 
 ment that proceeds shall be applied to- 
 ward payment of debt. L.R.A.1915C, 
 166. 
 Waiver of lien of chattel mortgage by at- 
 tachment or execution. 51 L.R.A. 
 (N.S.) 1068. 
 
 XIII. Enforcement; remedies. 
 
 § 32. Generally. 
 
 Sale of mortgaged chattels by or with con- 
 sent of, mortgagor, and application of 
 proceeds to payment of mortgage, as a 
 foreclosure cutting off intervening liens. 
 45 L.R.A. (N.S.) 1137. 
 
 Liability for use of leased premises, of 
 chattel mortgagee seizing tenant's 
 goods or chattels. 43 L.R.A. (N.S.) 
 527. 
 
 May a power of sale be implied where a 
 mortgage gives no express power. 
 3 B. R. C. 921. 
 Notice. 3 B. R. C. 924. 
 Public or private sale. 3 B. E. C. 924. 
 
 CHATTELS. 
 
 Mortgage on, see Chattel Mortgage. 
 In general, see Personal Property. 
 
INDEX TO NOTES. 
 
 CHATTELS— coTOi'a. 
 
 Conveyance of chattels held adversely. 
 L.R.A.1916E, 72. 
 
 CHAUFFEUR. 
 
 See Automobiles. 
 
 CHECKS. 
 
 § 1. Generally. 
 
 Duty and liability of bank with respect to, 
 
 generally, see Banks, §§ 22-25. 
 Collection of, by banks, see Banks, V. b. 
 As to bills and notes, see Bills and Notes. 
 
 Eight of holder of check to maintain action 
 
 thereon against bank. L.R.A.1916C, 
 
 165. 
 Effect of death of drawer of check as a 
 
 revocation thereof. 43 L.E.A. (N.S.) 
 
 109; L.E.A.1916A, 717. 
 Obtaining check by false pretenses. L.E.A. 
 
 1916E, 1106. 
 Mere drawing of check on a bank in which 
 
 the drawer has no funds or credit, and 
 
 passing the same, as false pretenses. 
 
 52 L.E.A. (N.S.) 919. 
 
 § 5. Effect of. 
 
 Check as affecting garnishment of deposit. 
 43 L.E.A.(N.S.) 100. 
 
 § 6. Indorsement; transfer. 
 
 Of bills and notes, see Bills and Notes, 
 §§ 26-42. 
 
 Effect of negotiation of check prior to 
 day of date to put purchaser on in- 
 quiry. 44 L.E.A. (N.S.) 405. 
 
 § 7. Certification. 
 
 Right of holder of certified check to main- 
 tain action thereon against bank. 
 L.E.A.1916C, 171. 
 
 Eight of bank in respect to certified check 
 or draft fraudulently altered. 4 B. 
 E. C. 588. 
 
 Duty of owner of certified check as to giv- 
 ing notice of forgery independently of 
 examination of vouchers. L.E.A.1916E, 
 909. 
 
 § 8. Payment. 
 
 Duty of bank as to, generally, see Bank, 
 
 §23. 
 Stopping payment, see Banks, § 25a. 
 Dishonor of check, see Banks, § 26. 
 Collection of, see Banks, V. b. 
 Payment by check, see Payment, § 11. 
 
 Liability of one to whom an insolvent bank 
 has paid a check. 50 L.R.A. (N.S.) 239. 
 
 § 12. Forged paper. 
 
 Eights and liabilities of bank and depositor, 
 
 generally, see Banks, § 24. 
 Eecovery back of money paid on forged 
 
 check, see Banks, § 29. 
 Forgery of, as a crime, see Fokgekt, 
 
 CHECKS— cowt'd. 
 
 Eight of bank in respect to certified check 
 or draft fraudulently altered. 4 B. E. 
 C. 588. 
 
 Duty of owner of certified check as to giving, 
 notice of forgery independently of ex- 
 amination of vouchers. L.E.A. 191 6E, 
 909. 
 
 CHEST. 
 
 Wliat passes under bequest of contents of. 
 L.R.A.1915C, 658, 661. 
 
 CHICKENS. 
 
 Duty of railroad as to chickens upon tracks. 
 
 47 L.R.A.(N.S.) 1125. 
 Injunction to prevent trespass of. 4S 
 
 L.R.A.(N.S.) 179. 
 
 • «» 
 
 CHILD LABOR. 
 
 See Masteb and Seevant, § 12. 
 ♦__* 
 
 CHILDREN. 
 
 In general, see Infants; Parent and 
 Child. 
 
 Extrinsic evidence to establish identity of 
 children named as legatees or devisees 
 in will. 47 L.R.A. (N.S.) 532. 
 
 Right of adult child to maintain action for 
 death of parent where statute gives 
 right of action to "children." L.ii.A. 
 1916E, 177. 
 
 CHINESE. 
 
 Validity and enforceability of contract or 
 covenant in relation to real property 
 which discriminates against persons be- 
 cause of race, color, or religion. L.E.A. 
 1916B, 1208. 
 
 Statute creating prima facie rule of evi- 
 dence in deportation cases. L.E.A. 
 1915C, 736. 
 
 CHISELS. 
 
 Master's liability for injury by defects in. 
 51 L.E.A.(N.S.) 338. 
 
 CHOICE. 
 
 Between different kinds of action, Stee Elec- 
 tion OF Remedies. 
 
 Begin with this hooJc on every law question. 
 
INDEX TO NOTES. 
 
 87 
 
 CHRISTIAN NAME. 
 
 See Kames. 
 
 < »» 
 
 CHRISTIAN SCIENCE. 
 
 Effect of failure to provide medical attend- 
 ance because of belief in, to render one 
 guilty of manslaughter. 45 L.R.A. 
 (N.S.) 559. 
 
 CHURCHES. 
 
 Charitable bequest for, see Chabitiks. 
 Sale of liquor within prohibited distance 
 
 of, see Intoxicating Liquoks, § 27. 
 See also Religious Societies. 
 
 Power of state or municipality to forbid 
 location of places of amusement near. 
 L.R.A.1916D, 99. 
 
 CIDER. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 306. 
 
 CIGARETTES. 
 
 Power to prohibit or restrict use of. 
 L.R.A.(N.S.) 562. 
 
 51 
 
 CIGARS. 
 
 Law prohibiting manufacture of, upon cer- 
 tain premises. 44 L.R.A. (N.S.) 46. 
 
 CIPHER MESSAGES. 
 
 Duty of telegraph company with respect to. 
 43 L.R.A.(N.S.) 502. 
 
 ♦ » » 
 
 CIRCUMSTANTIAL EVIDENCE. 
 
 Weight of, see Evidence, § 319. 
 
 ♦ «» 
 
 CIRCUS. 
 
 Contract exen>pting railroad company 
 transporting circus train from liability 
 for negligent injury to circus compa- 
 ny's employees. 50 L.R.A. (N.S.) 433. 
 Consult also L.R.A. Digests to date. 
 
 CITIZENSHIP. 
 
 § 1. Generally. 
 
 Jurisdiction as affected by, see Coxikts, IV. 
 
 Removal of cause to Federal court on 
 ground of diverse citizenship, see Re- 
 moval OP Causes, § 7. 
 
 See also Domicil and Residence. 
 
 § Z. Who are citizens. 
 
 Effect of marriage on woman's status as an 
 alien. L.R.A.1916D, 132. 
 
 ♦ ■ » 
 
 CITY. 
 
 See Municipal Cobpoeations. 
 ♦-•-• 
 
 CIVIL ACTION. 
 
 In general, see Action or Suit. 
 
 ♦ « » ■ 
 
 CIVIL DAMAGE ACT. 
 
 See Intoxicating Liquoks, § 41. 
 
 CIVIL DEATH. 
 
 Capacity of convict to contract. 52 L.R.A. 
 (N.S.) 320. 
 
 CIVIL RIGHTS. 
 
 § 1. Generally. 
 
 Civil death of convict, see Civil Death. 
 In schools, see Schools, § 7. 
 
 Who is a negro, mulatto or person of color 
 within statutes not specifically defining 
 the same. L.R.A.1915A, 828. 
 
 Validity of segregation statute or ordinance 
 prohibiting persons of different race or 
 color from living in same localitv. 47 
 L.R.A.(N.S.) 1087; L.R.A.1915D", 684. 
 
 Right of innkeeper to refuse to accept one 
 as a guest on account of race or color. 
 52 L.R.A.(N.S.) 744, 745. 
 
 CLAIM AND DELIVERY. 
 
 In general, see Replevin. 
 
 Possessory action for tax receipts. 
 L.R.A.(N.S.) 785. 
 
 45 
 
 CLAIMS. 
 
 § 1. Generally. 
 
 Accord and satisfaction, 
 Satisfaction. 
 
 see Accord and 
 
INDEX TO NOTES. 
 
 CLAIMS— oorat'd. 
 
 Against estate of bankrupt, see Bank- 
 
 EUPTCT, IX. 
 Against carrier, time for presenting, see 
 
 Cakriers, § 133. 
 Against county, see Cotjnties, § 9. 
 Against decedent's estate, see Bxecuxoes 
 
 AND Administratoes, IV. a. 
 Against estate of insolvent, see Insolvency, 
 
 rv. 
 
 Against or in favor of municipality, see 
 Municipal Coepoeations, V. h. 
 
 Against state, see State, V. 
 
 In favor of United States, see United 
 States, §§ 5, 6. 
 
 Court of claims, see CotTBTS, § 45. 
 
 Compromise of, see Compromise and Set- 
 tlement. 
 
 Compromise of claim for death, see Death, 
 § 14. 
 
 Set-off of, or against, see Set-Ofp and Coitn- 
 teeclaim. 
 
 Mining claims, see Mines. 
 
 Impugning claim or good faith of claimant. 
 L.R.A.1915E, 275. 
 
 <«» 
 
 Legacy to, see Wills, § 96. 
 *-—> 
 
 CLASSIFICATION, 
 
 By statutes, see Statutes, II. c. 
 For purposes of taxation, generally, see 
 Taxes, II. c. 
 
 CliEABING HOUSE. 
 
 See Banks, § 38. 
 
 *—* 
 
 CLERGYMEN. 
 
 See Ebligious Societies, IV. 
 ♦ » » 
 
 CLERK. 
 
 II. Of court or county. 
 
 § 3. Generally. 
 
 Right of sureties of clerk who made good 
 a loss occasioned by their principal's 
 default or misconduct, to be subrogated 
 to the rights of the pledgee or bene- 
 ficiary of the bond against a third per- 
 son. 46 L.E.A.(N.S.) 557. 
 
 § 7. Liability of. 
 
 Liability of clerk of court for accepting in- 
 sufficient appeal bond. 44 L.R.A. 
 (N.S.) 175. 
 
 CLOSED SHOP. 
 
 See CoNSPiEACY, III. 
 
 ♦-•-• 
 
 CLOSE TIME. 
 
 For fishing. L.E.A.1916E, 523. 
 
 CLOTHING. 
 
 Lav? regulating making of, upon certain 
 
 premises. 44 L.E.A.(N.S.) 47. 
 Making to measure as manufacturing for 
 
 purposes of tax laws. 44 L.E,.A. (N.S.) 
 
 303. 
 Liability for injury to clothing worn by 
 
 customer or patron. 43 L.R.A. (N.S.) 
 
 328. 
 
 ♦-•-• 
 
 CLOUD ON TITLE. 
 
 § 1. Generally. 
 
 Reimbursement of taxes paid by purchaser 
 upon cancelation of invalid tax deed as 
 cloud on title. L.R.A.1915C, 492. 
 
 Equitable estoppel as basis of suit to quiet 
 title. 49 L.R.A.(N.S.) 776. 
 
 Bar of statute of limitations as ground for 
 quieting title as against encumbrance. 
 L.R.A.1916B, 1220. 
 
 Right to open default judgment in action 
 to quiet title as affected by character 
 of defense. L.R.A.1916F, 853. 
 
 g 5. 'Wbo may sue. 
 
 Sufficiency of possessory title. 46 L.R.A. 
 (N.S.) 502. 
 
 CLUB. 
 
 § 1. In general. 
 
 Sale of liquor by, see Intoxicating Liq- 
 UOES, § 22. 
 
 Use of lodge or club building for entertain- 
 ment or social purposes as affecting 
 right to exemption from taxation. 
 L.R.A.1915F, 694. 
 
 Right of trustees or executive committee of 
 club to indemnity for obligations in- 
 curred by them. 5 B. R. C. 763. 
 
 COAL. 
 
 In mine, see Mines, §§ 31, 32. 
 
 Discrimination by carrier in furnishing coal 
 
 cars. 44 L.R.A.(N.S.) 651. 
 Right to coal in railroad right of way as 
 
 between company and fee owner. 45 
 
 L.R.A.(N.S.) 802. 
 Right of municipal corporation to engage in 
 
 business of selling. 51 L.R.A. (N.S.) 
 
 1143. 
 
 Begin with this 'booTc on every law question. 
 
INDEX TO NOTES. 
 
 89 
 
 COAL— eoni/'d. 
 
 Validity of agreement in restraint of trade 
 
 ancillary to sale of coal business. 
 
 L.R.A.1916C, 630. 
 
 COAL HOLE. 
 
 Res ipsa loquitur in action for injury on 
 
 highway resulting from. 4.3 L.R.A. 
 
 (N.S.) 593. . 
 Municipal liability for injury by coal hole 
 
 in street. 43 L.R.A.(N.S.) 1116. 
 Iiiabilitv of landlord to third persons as to. 
 
 50 L.E.A.(N.S.) 305. 
 
 COAL MINES. 
 
 See Mines, §§ 31, 32. 
 
 COAL YARDS. 
 
 Coal yards on railroad right of way as 
 separate subjects of taxation. L.R.A. 
 1916E, 415. 
 
 COCKTAIL. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 305. 
 
 C. O. D. 
 
 Place of sale in case of C. 0. D. shipments 
 of intoxicating liquors. 44 L.R.A. 
 (N.S.) 459. 
 
 CODICIL. 
 
 See Wills, § 58. 
 
 COHABITATION. 
 
 Inference or presumption of marriage from 
 continued cohabitation following re- 
 moval of impediment. L.R.A. 1915E, 
 91. 
 
 Presumption of agency of wife to purchase 
 necessaries arising from. 47 L.R.A. 
 (N.S.) 281. 
 
 COIN. 
 
 § 2. Sufficiency of coin, tendered. 
 
 Tender by passenger of a worn or peculiar 
 coin. L.R.A.i915B, 313. 
 Consult also L.R.A. Digests to date. 
 
 COLD. 
 
 Presumption and burden of proof as to car- 
 rier's negligence in case of injury by 
 cold to property carried, where con- 
 tract limits liability. L.R.A.1915D, 
 664. 
 
 COLD STORAGE. 
 
 Duty and liability of bailee of property in 
 cold storage, see Bailment, § 7. 
 
 COLLATERAL AGREEMENT. 
 
 Oral promise to answer for debt of another, 
 
 see CoNTEACTS, § 37. 
 Parol evidence as to, see Evidence, VII. c. 
 In general, see Guaeantt. 
 
 COLLATERAL ATTACK. 
 
 On judgment, see Judgment, III. f. 
 
 COLLATERAL-INHERITANCE TAX. 
 
 See Taxes, VI. 
 
 COLLATERAL SECURITY. 
 
 See Plbuqe and Collateeal Secubitt. 
 
 COLLECTION. 
 
 By bank, see Banks, V. b. 
 
 Of costs, see Costs and Fees, IV. 
 
 Of debt, see Debt, § 3. 
 
 Of tax, see Taxes, IV. 
 
 Limitation of action for money collected, 
 
 see Limitation of Actions, § 31. 
 Agent's authority to make, see Peincipal 
 
 and Agent, § 19. 
 
 COLLECTION AGENCY. 
 
 Business of, as interstate commerce. 47 
 L.R.A.(N.S.) 648. 
 
 # » » 
 
 COLLECTOR. 
 
 Tax collectors, see Taxes, § 61. 
 
90 
 
 COLLEGES. 
 
 INDEX TO NOTES. 
 
 COMBUSTIBLE MATERIALS. 
 
 § 1. In general. 
 
 Mandamus to compel issuance of diploma. 
 L.R.A.1916B, 610. 
 
 § 2. Taxation of. 
 
 Exemption from taxation of property used 
 for profit. 50 L.E.A.(N.S.) 1197. 
 
 Exemption from taxation of fraternity 
 house. 52 L.E.A.(N.S.) 995. 
 
 COLLISION. 
 
 § I. Generally. 
 
 Between automobiles, or automobile and 
 other vehicle or pedestrian, see Auto- 
 mobiles. 
 
 Injury to passenger by, see Cabbiers, § 50. 
 
 Between street car and other vehicle, see 
 Stbeet Eailwat, § 18. 
 
 Private action for violation of navigation 
 
 laws. L.R.A.1915E, 541. 
 Liability of municipality for damage to 
 
 vessel by collision with bridge. L.R.A. 
 
 1915F, 1062. 
 
 COLLUSION. 
 
 As defense to divorce suit, see DivoBCB and 
 
 Separation, § 31. 
 As ground for relief from judgment, see 
 
 Judgment, § 95. 
 See also Fraud and Deceit. 
 
 COLORED PERSONS. 
 
 See Civil Rights; Negroes. 
 
 COLOR OF TITLE. 
 
 As element of adverse possession, see Ad- 
 verse Possession, III. 
 
 COLUMNS. 
 
 Ornamental columns extending beyond line 
 as violating building restriction. 52 
 L.R.A.(N.S.) 1050. 
 
 COMBINATIONS. 
 
 Illegality of, see Conspiracy; Monopolt 
 AND Combinations. 
 
 As to contracts in restraint of trade, gener- 
 ally, see Contracts, IV. d 
 
 See Fires. 
 
 * ' » 
 
 COMITY. 
 
 See Conflict or Laws, 
 
 COMMERCE. 
 
 Begin irilh tliis liool; on every law question. 
 
 II. Interstate contmerce, §§ 2—81. 
 a. In general, § 3. 
 6. Control of navigable waters 
 
 and navigation, § 3. 
 c. Regulation of carriage and. 
 
 transportation, §§ 4^12. 
 
 e. Regulation of sales and other 
 
 business, §§ 14— IS. 
 
 f. Relation hetxveen carrier and 
 
 employees, §19. 
 
 g. Taxation, §§ 20, 21. 
 
 II. Interstate commerce, 
 a. In general. 
 
 § 2. Generally. 
 
 Combinations in restraint of, see Monopolt 
 
 AND Combinations, II. 
 Contracts in restraint of trade, generally, 
 
 see Contracts, IY. d. 
 
 Business of collection or commercial agency 
 as interstate commerce. 47 L.R.A. 
 (N.S.) 648. 
 State regulations as affected by Federal 
 pure food law. 47 L.R.A. (N.S.) 
 985. 
 Effect of state regulations when incon- 
 sistent with the act. 47 L.R.A. 
 (N.S.) 985. 
 Matters not covered by the United 
 States act. 47 L.R.A.(N.S.) 
 985. 
 Immature fruit. 47 L.R.A. (N.S.) 
 987. 
 Effect of violation of act on status of 
 intoxicating liquors. 47 L.R.A. 
 (N.S.) 987. 
 The question of the "packages.'' 47 
 L.R.A. (N.S.) 987. 
 Federal or state jurisdiction to make regu- 
 lations as to infected animals. 43 
 L.R.A.(N.S.) 1066. 
 State legislation for prevention of immo- 
 rality as interference with interstate 
 commerce. 51 L.R.A. (N.S.) 157. 
 
 b. Control of navigable waters and nav- 
 igation. 
 
 § 3. Generally. 
 
 Power of state or municipality as to inter- 
 national or interstate ferries. 52 
 L.R.A. (N.S.) 574. 
 
 J M^ 
 
INDEX TO NOTES. 
 
 91 
 
 COMMERCE, U.— cont'd. 
 
 c. Regulation of carriage and trans- 
 portation. 
 
 § 4. Generally. 
 
 Relation between carrier and employee, see 
 
 infra, § 19. 
 As to governmental regulation of carriers 
 
 generally, see Carriers, V. 
 
 Applicability of commerce clause or stat- 
 utes thereunder to street railways or to 
 interurbau roads. 46 L.R.A. (N.S.) 
 385. 
 
 Power to compel stoppage of interstate 
 trains at stations. 44 L.R.A. (N.S.) 
 478. 
 
 Full crew acts as interference with inter- 
 state commerce. 49 L.R.A. (N.S. ) 978. 
 
 § 5. When transportation is inter- 
 state. 
 
 Altering destination during shipment as af- 
 fecting interstate character. L.R.A. 
 191GE, 533. 
 
 § 7. Charges of carriers. 
 
 Regulation of freight rates generally, see 
 Carbiebs, V. c. 
 
 Effect of interstate commerce act on ship- 
 per's common-law right of action for 
 discrimination by carrier. 45 L.R.A. 
 (N.S.) 614. 
 
 § 9. Iiimitation of liability. 
 
 "Carmack amendment" as affecting state 
 regulations as to stipulations limit- 
 ing liability of common carriers for 
 the loss or damage to goods. 44 
 L.R.A. (N.S.) 257; 50 L.R.A. (N.S.) 
 819. 
 
 State regulations as to stipulation 
 limiting carrier's liability to 
 agreed valuation. 44 L.R.A. (N.S.) 
 257. 
 
 State regulations affecting stipulations 
 for notice or demand as a condi- 
 tion to establish a claim for loss or 
 damage to shipment. 44 L.R.A. 
 (N.S.) 259; 50 L.R.A. (N.S.) 82L 
 
 State regulations as to stipulations for 
 bringing action for loss or damage 
 to shipment within certain time. 
 44 L.R.A.(N.S.) 259; 50 L.R.A. 
 (N.S.) 821. 
 
 § 10. Furnishing of cars. 
 
 Effect of interstate commerce act on dam- 
 ages for carrier's failure to furnisli cars. 
 44 L.R.A.(N.S.) 649. 
 
 e. Regulation of sales and other busi- 
 ness. 
 
 § 14. Generally. 
 
 Regulation of carriers, see supra, II. c. 
 
 Statutes in relation to vinegar as interfer- 
 ence with interstate commerce. 49 
 L.R.A.(N.S.) 1206. 
 
 Constitutionality of statute requiring an- 
 nouncement that article is imported. 
 L.R.A.1916E, 1186. 
 Consult also L.R.A. Digests to date. 
 
 COIIMERCE, II. e— cont'd. 
 Validity of state inspection laws as applied 
 to commodities in interstate com- 
 merce. L.R.A.1916D, 196. 
 Nature of inspection; discrimination. 
 
 L.R,A.1916D, 198. 
 To what commodities applicable. 
 
 L.R.A.1916D, 199. 
 Inspection fees. L.R.A. 1916D, 200. 
 
 § 15. Intoxicating liquor. 
 
 Applicability of liquor laws to vessels en- 
 gaged in interstate commerce. L.R.A. 
 1915F, 1143. 
 Constitutionality, construction, and effect of 
 Webb-Kenyon act. L.R.A.191&C, 
 299. 
 Knowledge of carrier of illegal inten- 
 tion. L.R.A.1916C, 301. 
 Application to various forms of statute. 
 
 L.R.A.1916C, 302. 
 Constitutionality. L.R.A.1916C, 307. 
 Effect upon statutes enacted before its 
 passage. L.R.A.1916C, 309. 
 Effect of removal of constitutional objec- 
 tions to state statute. 48 L.R.A. (N.S.) 
 349. 
 Effect of violation of Federal pure food law 
 on status of into.xicating liquors. 47 
 L.R.A.(N.S.) 987. 
 
 § 16. Original packages. 
 
 Effect of removal of constitutional objec- 
 tions to state statute. 48 L.R.A. (N.S.) 
 349. 
 
 State regulations as affected by Federal 
 pure' food law. 47 L.R.A. (N.S.) 985. 
 
 /. Relation between carrier and em- 
 ployees. 
 
 §19. Generally. 
 
 As to constitutionality, construction and ef- 
 fect of Federal employers' liability act, 
 see Master and Servant, § 56. 
 
 Limitation by Federal laws of application 
 of workmen's compensation statute to 
 injuries received in interstate com- 
 merce. L.R.A.1916A, 461. 
 
 State regulation of relations between rail- 
 road companies engaged in interstate 
 commerce and their employees. 52 
 L.R.A. (N.S.) 266. 
 
 g. Taxation. 
 
 § 20. Generally. 
 
 Liability of grain to taxation while in ele- 
 vator in course of interstate transpor- 
 tation. 44 L.R.A.(N.S.) 586. 
 
 COMMERCIAL AGENCIES. 
 
 Libel by, see Libel and Slander, § 17. 
 
 Business of, as interstate commerce. 47 
 L.R.A.(N.S.) 648. 
 
02 INDEX TO NOTES. 
 
 COMMEBCIAI. BONDS. 
 See Bonds, III. 
 
 ♦-•-♦ 
 
 COMMEKCIAI. ESTABI,ISHMENTS. 
 
 Validity of statute or ordinance requiring 
 closing of, at certain hours. L.R.A. 
 1016A, 654. 
 
 < • » 
 
 COMMERCIAI. FAFEB. 
 
 See Bills and Notes; Bonds, III.; Checks. 
 
 ♦•♦ 
 
 COMMERCIAL TRAVELERS. 
 
 Commercial travelers as peddlers or hawk- 
 ers. L.II.A.1916B, 1298. 
 
 Implied or apparent authority to bind prin- 
 cipal for board or traveling expenses. 
 L.K.A.1916B, 754. 
 
 COMMISSION. 
 
 Delegation of. power to, see Constitutional 
 
 Law, § 13. 
 Constitutionality of coinmission form of 
 
 government, see Municipal Coepoba- 
 
 TIONS, § 8. 
 
 Eailroad commission, see Railroad Commis- 
 sion. 
 
 Suits against state commissions as suits 
 against the state. 44 L.R.A. (N.S.) 
 196. 
 
 COMMISSION FORM OF GOVERN- 
 MENT. 
 
 See Municipal Coepokations, § 8. 
 
 •>»» 
 
 COMMISSION MERCHANT. 
 
 See Factors. 
 
 ♦-•-♦ 
 
 COMMISSIONS. 
 
 Of broker, see -Brokers, §§ 8-13. 
 
 Commissions charged by lender's agent as 
 usury. 46L.R.A.(N.S.) 1157. 
 
 Liability of one party to a contract or 
 transaction to the other because of 
 commission allowed by the former to 
 the latter's agent. 49 L.R.A. (N.S.) 
 101. 
 
 Right of one employed on commission to 
 recover for loss of profits where em- 
 ployment is unlawfully terminated. 
 L.R.A.1916B, 872. 
 
 COMMITMENT. 
 
 Of person convicted of crime, see Cbimixal 
 
 Law, VI. 
 See also Contempt. 
 
 COMMITTEE. 
 
 § I. Generally. 
 
 Personal liability of committee appointed 
 at public meeting for services or sup- 
 plies. 51 L.R.A.(N.S.) 406. 
 
 § Z. 0£ legislature. 
 
 Power of legislature or branch thereof to 
 appoint a committee to sit after close 
 of session. L.R.A.1915E, 496. 
 
 < « » 
 
 COMMON CARRIERS. 
 
 See Carriebs. 
 
 9OMMON COUNTS. 
 
 Recovery on common counts by one who 
 abandons a contract for work or labor 
 or services without cause or justifica- 
 tion. L.R.A.1916E, 790. 
 
 COMMON EMFIiOTMENT. 
 
 Persons engaged in, as fellow servants, see 
 Master and Servant, III. d, 2. 
 
 COMMON-LA'W MARRIAGE. 
 
 See Marriage, § 5. 
 
 ♦ ■» 
 
 COMMON PRACTICE. 
 
 See Custom and Usage. 
 
 COMMONS. 
 
 What use of, amounts to diversion from 
 the use for which they were dedicated. 
 50 L.R.A.(N.S.) 465. 
 
 COMMON SCHOOLS. 
 
 See Schools. 
 
 Begin with this ioolc on every laiv question. 
 
INDEX TO NOTES. 
 
 93 
 
 COMMUNISM. 
 
 Public policy as related to communistic life 
 or tenure of property. S& L.R.A.(N.S.) 
 459. 
 
 COMMUNITY PROPERTY. 
 
 See Husband and Wife, IV. c. 
 
 < « » 
 
 COMMUTATION. 
 
 Time allowance to prisoner whose sentence 
 has been commuted from life to a term 
 of years. L.R.A.1915B, 95. 
 
 COMPANY LAW. 
 
 See COBPOBATIONS. 
 
 ♦ ■ > 
 
 COMPARISON. 
 
 Of typewriting, see Evidence, § 205a. 
 Admissibility of instrument for purposes of, 
 see Evidence, § 149. 
 
 COMPENSATION. 
 
 Of attorneys, see Attoenbts, §§ 18-22. 
 
 Of broker, see Beokees, §§ 8-13. 
 
 Of corporate oflBcers, see Coepoeations, § 
 
 49. 
 Of employee, see Mastee and Servant, II. 
 
 g- 
 Of officers, see Officees, III. b. 
 Measure of, see Damages, III. 
 For private property taken for public use, 
 
 see Damages, III. g; Eiii^'ent Domain, 
 
 IV. c. 
 For use of land by tenant, see Landloed 
 
 AND Tenant, V. 
 Compensation charged by lender's agent as 
 
 usury, see Usukt, § 3. 
 
 Right of pastor to. 52 L.R.A. (N.S.) 171. 
 
 COMPETENCY. 
 
 COMPETITION— confd. 
 
 Right to tradename as against competitor, 
 see Tradename. 
 
 Unfair competition, see Unfaie Competi- 
 tion. 
 
 Validity of agreement to surrender right to 
 purchase property at private sale. 44 
 L.R.A.(N.S.) 1115. 
 
 Liability of individual in the absence of 
 any element of conspiracy for driving 
 away another's customers. L.R.A. 
 1915B, 1180. 
 
 Right of public service corporation to chal- 
 lenge powers or privileges of rival. 
 L.R.A.1916B, 1087. 
 
 Of judge, see Judges, § 3. 
 
 Of jury, see Jtjey, III. b. 
 
 Of witness, see Witnesses, II. 
 
 COMPETITION. 
 
 As to contracts in restraint of, see CoN- 
 TEACTS, IV. d; Monopoly and Combi- 
 nations. 
 
 COMPLAINT. 
 
 In criminal prosecution, see Indictment, 
 
 etc. 
 In civil cases, see Pleading, II. 
 
 COMPOSITIONS. 
 
 Power of school authorities to require prep- 
 aration of, by pupils. 47 L.R.A. (N.S.) 
 202. 
 
 COMPOUNDING FELONY. 
 
 Validity of contracts for, see Contkacts, 
 • § 91. 
 
 COMPOUNDING MEDICINE. 
 
 Duty of druggist or apothecary in the sale 
 or compounding of medicines. 47 
 L.R.A.(N.S.) 693. 
 
 #»» 
 
 COMPOUND INTEREST. 
 
 See Interest, § 20. 
 
 « ■ » 
 
 COMPROMISE AND SETTLEMENT. 
 
 § 1. Generally. 
 
 Of suit or claim by client, see Attorneys, 
 
 §20. 
 Of claim for wrongful death, see Death, V. 
 See also Accord and Satisfaction. 
 
 Right of minority stockholders to prevent 
 compromise of claim. 43 L.R.A. (N.S.) 
 498. 
 
 Fraud or perjury as ground of attack ivpon 
 a judgment entered upon stipulation 
 or compromise. 45 L.R.A. (N.S.) 1159. 
 
 3. 'Who may make. 
 
 Right to trademark as against competitor, I Power of insurer with respect to settlement 
 see Tbademaek. of claims. 52 L.R.A. (N.S.) 126. 
 
 Consult also L.R.A. Digests to date. 
 
94 
 
 IXDEX TO NOTES. 
 
 COMPROMISE AND SETTLEMENT— 
 
 cont'd. 
 § 6. Validity; effect. 
 
 Effect of fraud, see Feaud and Deceit, § 17. 
 Effect of mistake, see Mistake, § 13. 
 
 Settlement by beneficiary with trustee as 
 preventing former from holding latter 
 liable for losses to trust estate from 
 investments. 44 L.R.A.{N.S.) 980. 
 
 Right to maintain action on original claim 
 for mere failure to pay at time stipu- 
 lated in compromise agreement. 45 
 L.R.A.(N.S.) 1062. 
 
 Effect of settlement of claim on liability of 
 indemnity insurance company. 52 
 L.R.A.(N.S.) 128. 
 
 Effect of, on right to maintain an action 
 for malicious prosecution. L.R.A. 
 1915A, 601. 
 
 Settlement between insured and tort-feasor 
 as affecting insurer's rights to subroga- 
 tion. L.R.A.1916A, 1282. 
 
 Does settlement by injured person of his 
 claim against tort feasor preclude an 
 action for his death resulting from the 
 injury. L.R.A.1915E, 1163. 
 
 § 7. Relief from. 
 
 Mistake as to state of account or amount 
 due as ground of relief from compro- 
 mise agreement. 46 L.R.A. (N.S.) 279. 
 
 COMPTBOUiER. 
 
 Power of courts to enforce ministerial du- 
 ties of state comptroller. 52 L.R.A. 
 (N.S.) 438. 
 
 See DuBESs. 
 
 COMPULSION. 
 
 < ■ » 
 
 COMPULSORY EDUCATION. 
 
 See Schools, § 3a. 
 
 « »» 
 
 COMPULSORY PAYMENT. 
 
 Recovery back of money paid involuntarily, 
 see Assumpsit, § 4. 
 
 Right to recover back license fee unlaw- 
 fully exacted under color of authority. 
 49 L.R.A.(N.S.) 387. 
 
 COMPULSORY SERVICE. 
 
 By carrier, see Carbiebs, §§ 109, 139. 
 
 »«» 
 
 COMPUTATION. 
 
 Of time, see Time, IV. 
 
 CONCEALED AVEAPONS. 
 
 See Caeeting Weapons, § 2. 
 
 ♦-•-♦ 
 
 CONCEALMENT. 
 
 Of property by bankrupt, see Bankeuptct, 
 § 21. 
 
 CONCESSIONARIES. 
 
 Liability of one conducting place of amuse- 
 ment for injury to patron through neg- 
 ligence of. L.R.A.1915F, 696. 
 
 CONCLUSIVENESS. 
 
 Of account stated, see Account, § 2. 
 
 Of findings on appeal, see Appeai- and Er- 
 
 eoe, §§ 31-33. 
 Of decisions of tribunals of associations, 
 
 see Couet, § 11. 
 Of evidence, see Evidence, XIII. 
 Of judgment, see Judgment, III. 
 
 Of witness's statement that answer to ques- 
 tion against which he pleads his privi- 
 lege would tend to incriminate him. 
 49 L.R.A.(N.S.) 826. 
 
 -» » » 
 
 CONCURRENT INSURANCE. 
 
 See INSUEANOE, §§ 80, 19fl, 200. 
 
 *—¥ 
 
 CONCURRENT JURISDICTION. 
 
 Of courts, see Couets, IX. 
 
 •-•-♦ 
 
 CONCURRENT LIABILITY. 
 
 Of insurers, see Insurance, VIII. g. 
 
 •-•-• 
 
 CONCURRENT NEGLIGENCE. 
 
 In general, see Negligence, § 8. 
 
 CONCUSSION. 
 
 Liability for injury to person or property 
 from concussion caused by blasting. 
 L.R.A.1915E, 356. 
 
 » »» 
 
 Begin with this T>ook on every laiv question. 
 
 CONDEMNATION PROCEEDINGS. 
 
 See Eminent Domain. 
 
INDEX TO NOTES. 
 
 95 
 
 CONDITIONAL PARDON. 
 
 See Criminal Law, § 86. 
 
 •-•-• 
 
 CONDITIONAL SALE. 
 
 In general, see Sale, §§ 48, 52. 
 
 ■> « » 
 
 CONDITIONS. 
 
 I. In general, §§ 1—7. 
 II. Relating to real property, §§ S—13. 
 
 I. In general. 
 
 S 1. Generally. 
 
 Condition of issuance of commercial bonds, 
 see Bonds, § 22. 
 
 In railway ticket or pass, see Caeriers, 
 HI. g. 
 
 As to performance of contract, see Con- 
 tracts, § 140. 
 
 Conditions upon whieli foreign corporation 
 may transact business in state, see 
 
 COKPORATIONS, XI. b. 
 
 Covenants, see Covenants. 
 In pardon, see Criminal Law, § 86. 
 In insurance policy, see Insurance, V. h. 
 To cancelation of insurance policy, see In- 
 surance, § 51. 
 In contract of sale, see Sale, VIII. XI. b. 
 In telegraph blank, see Telegraphs, § 20. 
 In wills, see Wills, V. j. 5. 
 
 Restraints on marriage. 4 B. R. C. 64. 
 
 Nature and validity of provision in re- 
 straint of marriage as affected by fact 
 that the gift to which it relates is to a 
 daughter or other female relative. 49 
 L.R.A.(N.S.) 606. 
 
 Condition imposed by manufacturer as to 
 retail price as binding upon retailer 
 purchasing from middleman. 3 B. R. 
 C. 299. 
 
 Enforceability of conditional subscriptions 
 to charity. 48 L.R.A.(N.S.) 802. 
 
 Modification prior to sale of conditions im- 
 posed upon judicial sale of property. 
 L.R.A.1915A, 699. 
 
 § 5. Conditions precedent. 
 
 To action, see Action or Suit, III. 
 
 To recovery back of tax paid, see Taxes, 
 
 § 87. 
 In will, see Wills, § 89. 
 
 Necessity of strict compliance with condi- 
 tions of escrow agreement. L.R.A. 
 1916A, 502. 
 
 Order of arrest or capias ad respondendum 
 as condition to body execution. L.R.A. 
 1915A, 706. 
 
 Conditional subscriptions to cbarity. 48 
 L.R.A.(N.S.) 802. 
 
 Return of consideration as condition pre- 
 cedent to right to set up defense that 
 contract was made on Sunday. 44 
 L.R.A.(N.S.) 289. 
 Consult also L.R.A. Digests to date. 
 
 CONDITIONS, I.— cont'd. 
 
 Condition precedent to relief of member cjf 
 labor union from unlawful fine or sus- 
 pension. 45 L.R.A. (N.S.) 356. 
 
 Compensation upon revocation of license 
 with respect to real property. 44 
 L.R.A.(N.S.) 557. 
 
 Furnishing of receptacles by buyer as pro- 
 vided in contract, as condition pre- 
 cedent to obligation of seller. I;.R.A. 
 1916D, 730. 
 
 Payment by lessor of tax or assessment as 
 condition precedent to recovery by 
 lessee under covenant in lease. L.R.A. 
 1915A, 355. 
 
 Demand for trial as condition precedent to 
 discharge of accused for delay of prose- 
 cution. 44 L.R.A.(N.S.) 871. 
 
 § 6. Condition subsequent. 
 
 § 7. — forfeiture for breach of. 
 
 For breach of condition subsequent in will, 
 see Wills, § 89. 
 
 II. Relating to real property, 
 
 § 8. Generally. 
 
 Restrictive covenants or conditions, see 
 Covenants, §§ 5, 22. 
 
 § 10. Conditions subsequent. 
 
 Relief of grantor in conveyance in considera- 
 tion of agreement to support, which is 
 broken by grantee. 43 L.R.A. (N.S.) 
 .916. 
 
 Provision in lease as to use of property as 
 condition subsequent or special limita- 
 tion. 52 L.E.A.(N.S.) 718. 
 
 Effect of attempted conveyance to extinguisli 
 a possibility of reverter upon breach of 
 condition subsequent. L.R.A.1916F, 
 
 3n. 
 
 Owner's right to compensation for im- 
 provements made by taker entering sub- 
 ject to a condition subsequent. L.R.A. 
 1916r, 991. 
 
 CONDITIONS PRECEDENT. 
 
 See Conditions, § 5. 
 
 CONDITIONS SUBSEQUENT. 
 
 See Conditions, §§ 6, 7, 10. 
 
 CONDONATION. 
 
 As defense to divorce, see Divorce and 
 Separation, § 32. 
 
96 
 
 CONDUCT. 
 
 Estoppel by, see Estoppel, §§ 13, 14 
 
 ♦ »» 
 
 CONDUCTORS. 
 
 In general, see Caemers, III. 
 
 As fellow servant of other railway em- 
 ployees, see Master and Servant, § 
 150. 
 
 ♦-•-♦ 
 
 CONFECTIONERY, 
 
 Law prohibiting operation of confectionery 
 establishment upon certain premises. 
 44L.R.A.(N.S.) 48. 
 
 INDEX TO NOTES. 
 
 CONFIRMATION. 
 
 Of judicial sale, see Judicial Sale, § 16a. 
 
 CONFEDERATE BONDS. 
 
 Personal liability of a trustee for losses to 
 estate from investments in. 44 L.E.A. 
 (N.S.) 888. 
 
 CONFEDERATE SOLDIERS. 
 
 Validity of pension or bounty to. 45 L.E.A. 
 (N.S.) 692. 
 
 CONFESSION. 
 
 Admissibility in evidence, see Evidence, IX. 
 Of judgment, see Judgment, II. b. 6. 
 
 CONFIDENCE GAME. 
 
 See False Pretenses. 
 
 CONFIDENTIAL COMMUNICATION. 
 
 See Evidence, XI. b; Libel and Slander, 
 III. e. 
 
 CONFIDENTIAL RELATIONS. 
 
 See FiDUCiAET Relations. 
 
 CONFINEMENT. 
 
 Of convicted criminal, see Criminal Law, 
 
 VI. 
 Of incompetent person, see Incompetent 
 Persons, § 17. 
 Begin with this 'book on eveiti law question. 
 
 CONFISCATION. 
 
 Of property found in bawdyhouse. 52 
 L.R.A.(N.S.) 932. 
 
 Of personal property used in violation of 
 game or fish laws. L.E.A.1916F, 913. 
 
 Of property used in violation of law, effect 
 on rights or interests of innocent per- 
 sons. L.E.A.1916B, 343. 
 
 By rates established for public service cor- 
 porations. L.E.A.1915A, 5. 
 
 CONFLICT OF INTERESTS. 
 
 Of principal and agent, see Principal and 
 Agent, V. b, 2. 
 
 CONFLICT OF LA'WS. 
 
 I. As to rights, §§ 1—37. 
 
 b. As to contracts; insurance, §§ 
 
 3-13. 
 e. Domestic relations, §§ 13—17. 
 
 e. Torts and crimes generally; 
 
 penal statutes, §§ 30—34=. 
 
 f. Assignment for creditors; in- 
 
 solvency and bankruptcy pro- 
 ceedings; receivers, § 35. 
 h. Transfers of property general- 
 ly, §§ 38-31. 
 j. Descent and distribution ; wills, 
 §§ 34, 35. 
 II. As to remedies, §§ 38—4:5. 
 
 Jurisdiction over nonresidents generally, 
 
 see Courts, IV. 
 Jurisdiction of action with respect to land 
 
 in another state, see Courts, § 21. 
 Conflict of jurisdiction generally, see 
 
 Courts, IX. 
 Situs of property for purposes of taxation, 
 
 see Taxes, III. 
 Jurisdiction as affected by mode of service 
 
 of process, see Writ and Process, II. 
 
 I. As to rights, 
 b. As to contracts; insurance. 
 
 % Z. Generally. 
 
 Validity of provisions in contract as to 
 place where action may be brought. 
 L.E.A.1916D, 696. 
 Place of consummation of contract when 
 offer by letter is accepted by telegram, 
 or vice versa. L.E.A.1916A, 1302. 
 Conflict of laws as to contracts in relation 
 to real property. L.E.A.1916A, 
 1011. 
 In general. L.R.A.1916A, 1012. 
 Particular contracts and questions. 
 L.R.A.1916A, 1020. 
 
INDEX TO NOTES. 
 
 ■97 
 
 CONFLICT OF LAWS, I. h— cont'd. 
 
 Mode and requisites of conveyance 
 or mortgage. L.R.A.1916A, 
 1020. 
 Executory contracts. L.R.A. 
 
 1916A, 1021. 
 Covenants in deeds or mortgages. 
 
 L.E.A.1916A, 1027. 
 Mortgages. L.R.A.1916A, 1028. 
 Capacity of parties. L.R.A.1916A, 
 
 1039. 
 Stipulation for attorneys' fees. 
 
 L.R.A.1916A, 1040. 
 Fraud ; preferences. L.R.A. 1916A, 
 
 1041. 
 Power of attorney. L.R.A. 1916A, 
 
 1043. 
 Champerty. L.R.A.1916A, 1043. 
 Trusts. L.R.A.1916A, 1044. 
 Character or quantum of estate; 
 description. L.R.A.1916A, 
 
 1045. 
 Form of action. L.R.A.1916A, 
 
 1046. 
 Agency or brokers' contracts. 
 
 L.R.A.1916A, 1046. 
 Leases. L.R.A.1916A, 1047. 
 Matters relating to remedy; lex 
 fori. L.R.A.1916A, 1048. 
 Eight to recover on obligation given for a 
 consideration which is unlawful under 
 the law of the place where the obliga- 
 tion is payable, but good under the law 
 of the place where it was executed. 4 
 B. R. C. 374. 
 Enforcement of contract entered into under 
 circumstances not constituting duress 
 by its proper law, but so regarded by 
 the law of the forum. 4 B. R. C. 423. 
 
 § 4. Gambling and lottery contracts. 
 
 Conflict of laws as to gambling and lottery 
 
 contracts. 46 L.R.A. (N.S.) 050. 
 Public policy of forum. 46 L.R.A. 
 
 (N.S.) 650. 
 Governing law when public policy forum 
 
 does not interfere. 46 L.R.A. (N.S.) 
 
 651. 
 Right to recover money loaned to be em- 
 ployed in a gambling transaction 
 which, though valid by its proper law, 
 would have been unlawful in the state 
 of the forum. 4 B. R. C. 409, 
 
 § 5. Bills and notes. 
 
 Right to recover on obligation given tor a 
 consideration which is unlawful under 
 the law of the place where the obliga- 
 tion is payable, but good under the law 
 of the place where it was executed. 4 
 B. E. C. 374. 
 
 '§ 6. Mortgages. 
 
 TTsury in, see infra, § 7a. 
 
 Xaw governing real estate mortgage. L.R.A 
 
 1916A, 1020, 1028. 
 Law governing covenant in real estate mort- 
 gage. L.R.A.1916A, 1027. 
 •Conflict as to stipulation in mortgage for 
 attoi-neys' fees. L.R.A.1916A, 1040. 
 Consult also L.R.A.. Digests to date. 
 
 43— '16F. 7 
 
 CONFLICT OF LAWS, I. h— cont'd. 
 § 7. Interest; nsury. 
 
 Conflict of laws as to usury. L.R.A.1916D, 
 750. 
 
 As afllected by penal or remedial char- 
 acter of usury law, or by public 
 policy of forum. L.R.A.1916D, 751. 
 
 General principles governing choice of 
 law; intention. L.R.A.1916D, 75 J. 
 
 Rule the law upholding the contract 
 will be applied. L.R.A.1916D, 753. 
 
 When contract is usurious by lex loci 
 contracts but not by lex loci solu- 
 tions. L.R.A.1916D, 755. 
 
 When contract is usurious by lex loci 
 solutions, but not by lex loci con- 
 tractus. L.R.A.1916D, 755. 
 
 Effect of mortgage security; place 
 where money is to be used; lex loci 
 considerationis. L.R.A.1916D, 755. 
 
 Renewal contracts. L.R.A.1916D, 756. 
 
 Contracts of foreign building and loan 
 associations. L.R.A.1916D, 757. 
 
 Law determining consequences of usury. 
 L.R.A.1916D, 759. 
 
 § 7a. — usury in mortgage. 
 
 Effect of mortgage security upon question 
 as to governing law with respect to 
 usury. L.R.A.1916D, 755. 
 
 § 8. Insurance. 
 
 Where contract is deepied to have been 
 made. 52 L.R.A. (N.S.) 275. 
 
 Policy mailed to insured or his agent. 
 52 L.E.A.(N.S.) 275. 
 
 Policy mailed to local agent of insurer. 
 52 L.R.A.(N.S.) 276. 
 Choice of laws. 52 L.R.A. (N.S.) 277. 
 
 Express stipulation as to governing 
 law; public policy. 52 L.R.A. 
 (N.S.) 277. 
 
 Laws of state of incorporation as limi- 
 tation on powers of insurance com- 
 pany. 52 L.R.A.(N.S.) 278. 
 
 Place of performance. 62 L.R.A. (N.S.) 
 279. 
 
 Construction and interpretation of lan- 
 guage of contract. 52 L.R.A. (N.S.) 
 279. 
 
 Designation of beneficiaries; insurable 
 interest. 52 L.R.A. (N.S.) 279. 
 
 Assignment, subsidiary contracts, loan 
 agreements. 52 L.R.A. (N.S.) 281. 
 
 As to notice; forfeitures; extended in- 
 surance. 52 L.R.A. (N.S.) 283. 
 
 As to effect of misrepresentations in 
 application. 52 L.R.A. (N.S.) 284. 
 
 Suicide; execution for crime; convic- 
 tion of felony. 52 L.R.A. (N.S.) 
 284. 
 
 Necessity of attaching application or 
 copy thereof to policy. 52 L.R.A. 
 (N.S.) 285. 
 
 As to damages. 52 L.R.A. (N.S.) 285. 
 
 Contractual limitation. 52 L.R.A. 
 (N.S.) 285. 
 
 Miscellaneous. 52 L.R.A. (N.S.) 285. 
 Laws of state in which insurance company 
 
 is incorporated as binding in other 
 
 states. L.R.A.1916A, 770. 
 
 § 9. Carriers' contracts. 
 
98 
 
 INDEX TO NOTES. 
 
 CONFLICT OF LAWS, I. h— cont'd. 
 § 10. —limitation of liability. 
 
 Law governing limitation of liability of 
 shipovmer. L.R.A.1916B, 642. 
 
 Vessels navigating between points in 
 same state. L.R.A.1916B, 646. 
 
 English eases. L.E.A.1916B, 647. 
 
 § 12. Contracts of married ivoinen. 
 
 Capacity of married woman to contract. 
 L.R.A.1916A, 1054. 
 
 As between lex loci contractus and lex 
 domicilii. L.R.A.1916A, 1055. 
 
 Intention of the parties as the crite- 
 rion; lex loci contractus or lex loci 
 solutionis. L.K.A.1916A, 1056. 
 
 As between substantive law and lex 
 fori. L.R.A.1916A, 1059. 
 
 As between lex loci contractus and lex 
 rei sitae. L.E.A.1916A, 1059. 
 
 c. Domestic relations. 
 
 § 13. Marriage. 
 
 Law governing validity of marriage. 43 
 
 L.R.A.(N.S.) 355. 
 Manner of form of solemnization. 43 
 
 L.R.A.(N.S.) 356. 
 Nonage; consent of parents or guard- 
 ians. 43 L.R.A.(N.S.) 357. 
 Incestuous marriages. 43 L.R.A. (N.S.) 
 
 358. 
 Marriage between members of different 
 
 races. 43 L.R.A. (N.S.) 358. 
 Remarriage of divorced persons. 43 
 
 L.R.A.(N.S.) 358. 
 Where former husband or wife living. 
 
 43 L.R.A.(N.S.) 362. 
 
 § 14. Divorce; alimony. 
 
 Valid divorce granted in one state as affect- 
 ing independent suit for alimony in 
 another. L.R.A.1915E, 421. 
 
 Validity of a foreign divorce for a cause 
 not recognized in the jurisdiction in 
 which the marriage was contracted. 
 5 B. R. C. 747. 
 
 § 16. Adoption. 
 
 Right of child adopted jn another state to 
 take under local statute of descent and 
 distribution. L.R.A.1916A, 666. 
 
 e. Xorts and crimes generally; ■penal 
 statutes, 
 
 % 22. Personal injuries; death. 
 
 Law governing as to survival of cause of 
 action or revival of action for per- 
 sonal injuries. L.R.A.191SE, 1129. 
 
 As to application and effect of workmen's 
 compensation act. L.E.A.1916A, 443. 
 
 Jurisdiction of, and law governing, action 
 for death on waters. L.R.A.1916A, 
 1157. 
 
 Duty of courts of one state, under the full 
 faith and credit provision of the Fed- 
 eral Constitution, to entertain an ac- 
 tion for death arising under statute of 
 another state. L.E.A.1915F, 955 
 
 CONFLICT OF LAWS, I. ^—cont'd. ' 
 § 23. Penal laws. 
 
 Effect of penal or remedial character of 
 foreign usury statutes. L.E.A.1916D, 
 751. 
 
 /. Assignment for creditors; insolvency 
 and hanlcruptcy proceedings; receiv- 
 
 § 25. Generally. 
 
 Law governing preferences in assignments 
 for creditors. L.R.A.1916A, 1041. 
 
 ft. Transfers of property generally. 
 
 § 28. Generally. 
 
 Conflict of laws as to contracts in relatioii 
 to real property. L.R.A.1916A, 1011. 
 
 Law governing covenant in deed of real 
 property. L.R.A.1916A, 1027. 
 
 j. Descent and distribution; wills. 
 
 § 34. Descent and distribution; 
 claims against estate. 
 
 Distribution of assets to next of kin in 
 jurisdiction of ancillary administra- 
 tion. L.R.A.1915A, 431. 
 
 Right of child adopted in another state to 
 take under local statute of descent and 
 distribution. L.R.A.1916A, 666. 
 
 § 35. AVills. 
 
 Effect of election in one jurisdiction for or 
 against the provisions of a will, upon 
 right to elect as to property situated 
 in another jurisdiction. 3 B. R. C. 519. 
 
 Conflict of laws as to election to take under 
 / or against a will. L.R.A.1915F, 680. 
 
 Distribution of assets to beneficiary under 
 will in jurisdiction of ancillary admin- 
 istration. L.R.A.1915A, 431. 
 
 II. A.S to remedies. 
 
 § 38, Generally. 
 
 Foreign judgment, see Jtjdgment, V. 
 
 Law governing matters relating to remedy 
 
 on contract as to real property. L.K.a. 
 
 1916A, 1046, 1048. 
 jKxtraterritorial effect of statute limiting 
 
 jurisdiction in which action may oe 
 
 brought. L.R.A.1916D, 68S. 
 Rate of interest allowed by admiralty court 
 
 in case of marine tort as affected by 
 
 place of occurrence or suit.^ 51 L.R.A. 
 
 (N.S.) 966. 
 
 § 40. Attachment; garnishment. . 
 
 Attachment or garnishment of foreign rail- 
 road car. L.R.A.igiSD, 838. 
 Where debt garnishable. L.R.A.1915F, 880. 
 
 § 41. — of exempt property. 
 
 Law : governing exemption from garnish- 
 ment. L.R.A.1915F, 885. 
 
 Action for loss of exemption by garnish- 
 ment in other state. 48 L.R.A. (N.S.) 
 689. 
 
 Begin with this hooTe on every law question. 
 
INDEX TO NOTES. 
 
 9'J 
 
 CONFLICT OF lAWS, II.— cont'd > -•' 
 § 42. Statute of frauds. 
 
 As between law of forum and substantive 
 law. 51 L.R.A.(N.S.) 908. 
 
 As between law of place where contract is 
 made and that of place where it is 
 performable. 51 L.E.A.(N.S.) 910. 
 
 As between law of place where contract is 
 made and that of place where property 
 is situated. 51 L.R.A.(N.S.) 911. 
 
 § 43. Iiimitation of action. 
 
 Absence from forum as affecting running of 
 limitations, see Limitation of Ac- 
 tions, § 46. 
 
 Law governing limitation where action is 
 brought in one state upon a cause of ac- 
 tion created by a statute of another. 
 46 L.R.A.(N.S.) 687. 
 
 Applicability of statute referring question 
 of limitation to the law of the state 
 where contract was to be performed. 
 L.R.A.1915C, 976. 
 
 Applicability of statute of the forum re- 
 ferring limitation to law of other juris- 
 diction, where period at forum is 
 shorter than that prescribed by the 
 foreign statute. 51 L.R.A.(N.S.) 96. 
 
 § 44. Exemption laurs. 
 
 Garnishment of exempt property, see supra, 
 § 41. 
 
 Liability for evasion of exemption laws of 
 domicil by action in other state. 48 
 L.R.A.(N.S.) 689. 
 
 CONFUSION. 
 
 See Accession and Confusion. 
 
 CONGRESS. 
 
 § 3. Powers of. 
 
 Power of, as to commerce generally, see 
 Commerce. 
 
 ♦ « » 
 
 CONNECTING CARRIEKS. 
 
 See Carriers, §§ 98, 142, 143. 
 < « » 
 
 CONNECTIONS. 
 
 With water mains, see Waters, § 112. 
 
 Liability of telephone company for failure 
 to make connections for subscriber. 
 L.R.A.1915C, 450. 
 
 CONNIVANCE. 
 
 As defense to divorce suit, see Divorce Xnd 
 Sepaeatton, § 31. 
 Consult also L.B.A. Digests to date. 
 
 CONSENT. 
 
 § 1. Generally. 
 
 Age of consent, see Age of Consent. 
 
 Effect of, on assault and battery, see As- 
 sault AND Battery, § 4. 
 
 To crime, see Criminal Law, § 20. 
 
 Estoppel by, see Estoppel, §§ 17, 18. 
 
 Presumption and burden of proof as to, 
 see Evidenoe, § 33. 
 
 To making of improvements, see Public Im- 
 provements, § 3. 
 
 Of creditor to assumption of debts on dis- 
 solution of partnership. 48 L.R.A. 
 (N.S.) 552. 
 
 Of municipality to making improvements in 
 street by abutting owner. 44 L.R.A. 
 (N.S.) 553. 
 
 Power of attorney to bind client by consent 
 decree. 46 L.R.A. (N.S.) 753. 
 
 Effect of consent of beneficiary on personal 
 liability of a trustee for losses to trust 
 estate from investments. 44 L.R.A. 
 (N.S.) 980. 
 
 Of court to entry of nolle prosequi in a 
 criminal case. 45 L.R.A. (N.S.) 1120. 
 
 Of property ovmers to laying of railway 
 in street as an element to be consid- 
 ered in valuing property of railroad 
 company. 48 L.R.A. (N.S.) 1083. 
 
 Of mortgagor to repair or improvement of 
 property by mortgagee in possession. 
 49 L.R.A.(N.S.) 126. 
 
 Doctrine of equitable conversion as affect- 
 ing one's right to sign consent or 
 remonstrance as landowner. 50 L.R.A. 
 (N.S.) 32. 
 
 § 7. Partnership matters. 
 
 Of creditor to assumption of debts on dis- 
 solution of partnership. 48 L.R.A. 
 (N.S.) 552. 
 
 § 9. Between husband and wife. 
 
 Implication of wife's authority to purchase 
 necessaries from husbajid's assent to 
 previous transactions. 47 L.R.A. (X.S.) 
 282. 
 
 Right of party obtaining or consenting to 
 divorce to contest its validity. 51 
 L.R.A.(N.S.) 534. 
 
 Revocation of consent given by one spouse 
 to will of the other in the latter's life- 
 time. L.R.A.1915E, 815. 
 
 § 11. Matters as to infants. 
 
 Rape of female infant under age of consent, 
 see Rape, § 3. 
 
 Consent of parents to marriage of infants. 
 L.R.A.1916C, 741. 
 
 Of parent or guardian to marriage of in- 
 fant; conflict of laws as to. 43 L.R.A. 
 (N.S.) 357. 
 
 Guardian's consent as affecting infant's con- 
 tract. L.R.A.1915C, 362. 
 
 g 12. Matters as to insurance. 
 
 Of insurance company or its agent to modi- 
 fication of policy, see Insurance, VII. 
 
 Necessity of insurer's consent to change of 
 beneficiary. L.R.A.1915A, 109. 
 
100 
 
 INDEX TO NOTES. 
 
 CONSENT— cowi'd. 
 
 § 14. To surgical operation. 
 
 See Physicians and Subgeons, § 14. 
 
 § 15. To assault. 
 
 Consent to assault, see Assault and Bat- 
 TEKT, § 4. 
 
 § 17. Matters as to jury. 
 
 Effect of consent of defendant in criminal 
 case to proceeding with less than 
 twelve jurors. 46 L.K.A.(N.S.) 38. 
 
 CONSEQUENTIAL DAMAGES. 
 
 Allowance for, in eminent domain, see Dam- 
 ages, § 87. 
 
 CONSIDERATION. 
 
 Of bills or notes, see Bills and Notes. 
 In general, see Conteacts, II. c. 
 For release of liability for personal injuries 
 or death, see Release. 
 
 Consideration in deeds for school purposes 
 as negativing resulting trust in favor 
 of the grantor. 44 L.R.A.(N.S.) 1223. 
 
 CONSIGNOR AND CONSIGNEE. 
 
 Duty to employees as to the condition ot 
 cars. 45 L.E.A.(N.S.) 707. 
 
 Liability of. shipper for freight and demur- 
 rage upon refusal of consignee to ac- 
 cept goods. 52 L.R.A.(N.S.) 398. 
 
 Eights and liabilities of assignee of bill of 
 lading with draft attached, as against 
 consignee who does not get the goods 
 or finds ttem defective. 52 L.R.A. 
 (X.S.) 241. 
 
 CONSOLIDATION. 
 
 Of corporations, see Cobporations, III. 
 Of criminal prosecutions, see Indictjiext, 
 etc., § 9. 
 
 CONSORTIUM. 
 
 See Husband and Wife, 
 
 CONSPIRACY. 
 
 7. In general, § 1. 
 II. To injure business of another, 
 
 3-4:. 
 
 III. Of laborers:; strikes, §§ 5—9- 
 
 Begin with this hoole on every law question. 
 
 CONSPIRACY— oow*'d. 
 
 /. In general. 
 
 § 1. Generally. 
 
 Homicide in carrying out, see Homicide, 
 § 18. 
 
 Blacklisting employee, see Masi-ek and 
 Servant, § 7. 
 
 Combinations in restraint of trade or com- 
 merce, see Monopoly and Combina- 
 tions. 
 
 Cruel and unusual punishment for. L.R.A. 
 1915C, 566. 
 
 Civil liability of persons who join in a peti- 
 tion addressed to public authorities. 
 L.R.A.1916D, 394. 
 
 Indictment, of woman transported in viola- 
 tion of the white slave traffic act, for 
 conspiracy to violate the laws of the 
 United States. L.R.A.1915D, 281. 
 
 Combination of foreign corporations to dis- 
 continue business within the state. 46 
 L.R.A.(N.S.) 955. 
 
 Right of action for conspiracy to injure 
 reputation as asset of bankrupt. 43 
 L.R.A.(N.S.) 942. 
 
 Instigation or consent to, for purpose of 
 detecting criminal as a defense to pros- 
 ecution. 51 L.R.A.(N.S.) 829. 
 
 Validity of conviction of criminal conspira- 
 cy where co-conspirators are acquitted 
 or discharged. 4 B. R. C. 929. 
 
 II. To injure business of another. 
 
 § 3. Boycott. 
 
 Legality of combination by dealers not to 
 patronize wholesalers who sell to un- 
 desirable persons. L.R.A.1915A, 789. 
 
 § 4. — by labor union. 
 
 Right of labor union to forbid its members 
 
 to handle one's product. 51 L.R.A. 
 
 (N.S.) 778. 
 Eight of labor union to forbid its members 
 
 serving a certain person. L.R.A. 1915E, 
 
 1037. 
 Liability of labor union or its members to 
 
 persons with whose employment it has 
 
 interfered. 1 B. R. C. 514. 
 
 ///. Of laborers; strikes. 
 
 § 5. Generally. 
 
 Injury by labor organization to business of 
 another, see supra, § 4. 
 
 Civil liability for inducing discharge of em- 
 ployee. 48 L.R.A.(N.S.) 893. 
 
 § 6. Strikes. 
 
 Constitutionality of statute restricting 
 remedy by injunction in labor disputes. 
 L.R.A.1916F, 836. 
 
 Civil liability of trade union or its members 
 for wrongful strike. 5 B. R. C. 476. 
 
 Lawfulness of strike, or of threat to cause, 
 or to act to induce, strike, when there 
 •is no trade dispute between the strikers 
 and their own employer. L.E.A.1916C, 
 989. 
 
v\nivf, 
 
 INDEX TO NOTES. 
 
 CONSPIRACY, III.— cont'd. 
 § 7. —effect of. 
 
 Carrier's liability for assault upon pas- 
 senger by strikers, mob or third per- 
 sons. L.R.A.1915C, 681. 
 
 § 8. — picketing. 
 
 Law as to picketing. 50 L.R.A.(N.S.) 412. 
 
 CONSTABLE. 
 
 § 1. Generally. 
 
 Bond of, see Bonds, II. d. 
 
 Right of constable to appoint nonresident 
 deputy. L.R.A.1916B, 900. 
 
 § 2. Liability. 
 
 Liability of constable or his bond for shoot- 
 ing a person while attempting to arrest 
 him. 51 L.R.A.(N.S.) 1179. 
 
 Liability for making arrest. L.R.A.1915B, 
 505. 
 
 Liability of constable for his deputy's tort 
 in making an arrest. L.R.A.1915E, 
 172. 
 
 CONSTITUTIONAL LAW. 
 
 7. In general, §§ 1, 8. 
 II. Adoption; amendment; construc- 
 tion, §§ 3-6. 
 IV. Retroactive statute, §§ 8—10. 
 
 V. Delegation of powers, §§ 11—17. 
 VI. Separation of powers, §§ 18—20. 
 VII. Local self-government, § 21. 
 Vila. Republican form, of government, 
 
 3 211. 
 VIII. Rights of persons and property, 
 §§ 21a-161. 
 a. In general, § 21a. 
 h. Privileges and immunities; 
 equal protection, § 22. 
 
 c. Due process of law, § 28. 
 
 d. Police power, § 33a. 
 
 e. Restrictions on contracts and 
 
 business, § 24:. 
 
 f. Property rights, §§ 25—28. 
 
 g. Vested rights, § 29. 
 
 h. Impairment of obligation of 
 contract, §§ 30—38. 
 
 1. In general, §§ 30-33. 
 
 2. What are contracts, § 
 
 34:. 
 
 3. As to remedies, §§ 35— 
 
 37. 
 i. Rights on various particular 
 subjects, §§ 39—161. 
 
 1. In general, §§ 39—111. 
 
 2. Regulation of business 
 
 or occupation; license, 
 §§ 112-146. 
 
 3- Remedies and proced- 
 ure, §§ 147-159. 
 
 4:. Criminal matters; im- 
 prisonment, §§ 160, 
 161. 
 Consult also L.R.A. Digests to date. 
 
 [ CONSTITUTIONAL LAW— oowtl 
 I. In general. 
 
 § 1. Generally. 
 
 Matters of interstate commerce, see 
 
 MEBCE. 
 
 Constitutional guaranty against self-crimi- 
 nation, see Ckiminal Law, § 49. 
 
 Power of eminent domain, see Eminent Do- 
 main. 
 
 Recognition of judgment of other state 
 under full faith and credit provisions, 
 see Judgment, V. b. 
 
 Powers of legislature generally, see Leqis- 
 LATUBE, § 3. 
 
 Constitutionality of modern anti-trust laws, 
 see Monopoly and Combinations. 
 
 Purposes for which public money may be 
 used, see Public Money, § 4. 
 
 Searches and seizures, see Seaech and Sei- 
 
 ZXJBE. 
 
 As to enactment, entitling, and construc- 
 tion of statutes, see Statutes, II. 
 
 Plurality of subjects in statute, see Stat- 
 utes, II. d. 
 
 Title of statute, see Statutes, II. d. 
 
 Special legislation generally, see Statutes, 
 II. e. 
 
 Consideration of extrinsic evidence to show 
 unconstitutionality of statute. L.R.A. 
 1915D, 458. 
 
 The effect of removal of constitutional ob- 
 jections to a statute. 48 L.R.A. (N.S.) 
 349. 
 
 II. Adoption; anvendment; cotistruc- 
 tion. 
 
 § 3. Adoption. 
 
 Effect of adoption of Constitution upon Or- 
 dinance of 1787. 52 L.R.A.(N.S.) 305. 
 
 § S. Construction. 
 
 Scope and effect of constitutional provision 
 exempting property from eminent do- 
 main proceedings. L.R.A. 1916A, 1097. 
 
 IV. Retroactive statute. 
 
 § 9. Curative acts. 
 
 What provision for notice under curative 
 act is necessary to due process of law 
 in tax proceedings. L.R.A.1916E, 38. 
 
 V. Delegation of powers. 
 
 § 11. Generally. 
 
 By municipality, see Municipal Corpora- 
 tions, § 18. 
 
 Power of legislature to delegate power to 
 appoint judges. L.R.A.1916E, 848. 
 
 Delegation of power as to regulations in re- 
 gard to infected animals. 43 L.R.A. 
 (N.S.) 1068. 
 
 Delegation of power as to regulations con- 
 cerning care or improvement of ceme- 
 tery lots. L.R.A.1915E, 168. 
 
 g 12. To people. 
 
 Initiative and referendum. 
 (N.S.) 197. 
 
 50 L.R.A. 
 
102 
 
 INDEX TO NOTES. 
 
 CONSTITUTIONAL LAW Y.— cont'd. 
 § 13. To commission. 
 
 Constitutionality of commisaion form of 
 government as against objection to 
 delegation of legislative power. 51 
 L.R.A.(N.S.) 632. 
 
 Workmen's compensation act as illegal dele- 
 gation of power. L.R.A.1916A, 425. 
 
 § 15. To local authorities and boards. 
 
 Delegation of power by municipality, see 
 Municipal CoBPORAnoNS, § 18. 
 
 Power of the legislature to delegate to a 
 municipality authority to form or 
 amend its charter. 43 L.E.A.(N.S.) 
 339. 
 
 Statutes conferring powers upon municipali- 
 ties or counties in respect to their 
 officers as a delegation of legislative 
 power. L.R.A.1916D, 921. 
 
 g 16. To courts or judges. 
 
 Statute establishing juvenile court as con- 
 ferring executive power upon judicial 
 officer. 45 L.R.A.(N.S.) 910. 
 
 VI. Separation of powers. 
 
 § 18. Generally. 
 
 Relation of courts to other departments of 
 government, see Coukts, III. 
 
 Initiative and referendum. 50 L.R.A.(N.S.) 
 
 197. 
 Effect of provision for separation of powers 
 
 of government on constitutionality of 
 
 commission form of government. 51 
 
 L.R.A.(N.S.) 632. 
 The Torrens Law as devolving executive 
 
 duties upon court. L.R.A.1916D, 21. 
 
 § 20. Encroachment on judicial po-w- 
 er. 
 
 By the Torrens Law, L.R.A.1916D, 21. _ 
 Statute creating prima facie rule of evi- 
 dence for criminal cases as encroach- 
 ment upon judicial power. L.R.A. 
 1915C, 727. 
 
 VII. Local self-government. 
 
 § 21. Generally. 
 
 Statute establishing juvenile court as in- 
 terfering with right of local self-gov- 
 ernment. 45 L.R.A.(N.S.) 909. 
 .Power of legislature to compel payment by 
 
 municipal corporations of nonlegal 
 
 demands. L.R.A.1915D, 927. 
 Equitable or moral claims not binding 
 
 in law. L.R.A.1915D, 928. 
 Claims neither moral nor equitable. 
 
 L.R.A.1915D, 932. 
 
 Vila. Republican form, of governm,ent. 
 
 § 21^^. Generally. 
 
 Initiative and referendum as violation of 
 guarantee of. 50 L.R.A. (N.S.) 197. 
 
 Commission form of government as infringe- 
 ment of guaranty of. 51 L.R.A. (N.S.) 
 032. 
 
 Begin with this boolc on every law question. 
 
 CONSTITUTIONAL LAW— cont'd. 
 VIII. Rights of persons and property, 
 a. In general. 
 
 § 21a. Generally. 
 
 Right to bear arms, see Caeexing Weapons. 
 Right to jury trial, see Jukt, II. 
 
 6. Privileges and immunities; equal 
 ' 'protection. 
 
 % 22. Generally. 
 
 Equal protection and privileges as to par- 
 ticular matters, see infra, VIII. i. 
 
 Civil rights, see Civil Rights. 
 
 As to general or special legislation, see 
 STATincES, II. e. 
 
 Validity and enforceability of contract or 
 covenant in relation to real prop- 
 erty which discriminates against 
 persons because of race, color, or 
 religion. L.R.A.1916B, 1208. 
 Validity within treaty guaranties to 
 aliens. L.E.A.1916B, 1209. 
 
 c. Due process of IcCw. 
 
 § 23. Generally. 
 
 Due process of law as to particular mat- 
 ters, see infra, VIII. i. 
 As affecting commerce, see Commebce. 
 
 Continuance of constitutional guaranties 
 during war or insurrection. 45 L.R.A. 
 (N.S.) 996. 
 
 d. Police power. 
 
 § 23a. Generally. 
 
 Police power as to particular matters, see 
 infra, VIII. i. 
 
 e. Restrictions on contracts and busi- 
 ness. 
 g 24. Generally. 
 
 Restrictions as to particular kinds of busi- 
 ness, see infra, "VIII. i, 2. 
 
 Restrictions as to contracts with employers, 
 see infra, §§ 62-66. 
 
 Constitutionality of statute forbidding con- 
 tracts ousting jurisdiction of court. 48 
 L.R.A.(N.S.) 855. 
 
 Validity of public restrictions as to loca- 
 tion of mercantile business. 49 L.R.A. 
 (N.S.) 438. 
 
 f. Property rights, 
 
 § 25. Generally. 
 
 Property rights in particular matters, see 
 infra, VIII. i. 
 
 Right to compensation for private property 
 taken for public use, see Eminent Do- 
 main, IV. c. 
 
 Constitutionality of the Torrens Law, 
 L.R.A.1916D, 15. 
 
 Statutes infringing freedom to deal with 
 one's property, enacted in order to 
 prevent larceny. L.R.A.1915B, 213. 
 
INDEX TO NOTES. 
 
 103 
 
 ODNSTITUTIONAL LAW, YIU.— cont'd. 
 g. Vested, rights, 
 
 § 29. Generally. 
 
 Impairment of obligation of contracts, see 
 infra, VIII. h. 
 
 § 29a. In pension. 
 
 Military pension. 50 L.E.A.(N.S.) 1018. 
 Firemen's and policemen's pensions. 50 
 L.R.A.(N.S.) 1019. 
 Provision for officer's family. 50 
 L.R.A.(N.S.) 1021. 
 School teachers' pensions. 50 L.R.A. (N.S.) 
 1021. 
 
 h. Impairment of obligation of con- 
 tract. 
 
 1. In general. 
 
 g 30. Generally. 
 
 As to vested rights, see supra, § 29. 
 
 § 31. Exemptions. 
 
 Sta.tute regulating time of payment of 
 wages. 51 L.R.A. (N.S.) 1097. 
 
 § 31a. Iiiability of stockholders. 
 
 Alteration of stockholders' liability as im- 
 pairment of the obligation of con- 
 tract. L.R.A.1915B, 797. 
 Substantive liability. L.R.A.1915B, 798. 
 As aft'ecting stoclvholders. L.R.A. 
 1915B, 798. 
 Liability in nature of penalty. 
 
 L.R.A.1915B, 799. 
 Double or additional liability. 
 L.R.A.1915B, 800. 
 As affecting creditors. L.R.A. 
 ii)15B, 800. 
 Double or additional liability. 
 L.R.A.lOloB, 801. 
 Remedies. L.R.A.1915B, 802. 
 
 As affecting stockholders. L.R.A. 
 
 191oB, 802. 
 As affecting creditors. L.R.A. 
 19] 5B, 806. 
 Effect of reserved povper to alter or 
 amend. L.R.A.1916B, 810. 
 
 § 32. Taxes and assessments. 
 
 Constitutionality of succession tax. 
 L.R.A.(N.S.) 994. 
 
 50 
 
 § 33. Miscellaneons, 
 
 Nullification or breach of state contract as 
 impairment of obligation of contract. 
 45 L.R.A.(N.S.) 721. 
 
 Constitutionality of statute forbidding 
 change of beneficiary in insurance 
 policy. 49 L.R.A.(N.S.) 487. 
 
 Impairment of contract obligations by work- 
 men's compensation act. L.R.A.1916A, 
 426. 
 
 Right to reduce rates of public service cor- 
 poration fixed by franchise or charter. 
 L.R.A.1915C, 26i. 
 
 Effect of contract with patrons to preclude 
 regulation of rates of public service cor- 
 porations. L.R.A.1915C, 282. 
 Consult also L.R.A, Digests lo date. 
 
 CONSTITUTIONAL LAW, VIII. h, 1— 
 cont'd. 
 
 3. What are contracts. 
 
 § 34. Generally. 
 
 Provision as to rates in franchise or char- 
 ter of public service corporation as a 
 contract. L.R.A.1915C, 268. 
 
 3. As to remedies, 
 
 § 36. Idmitation of actions. 
 
 Effect of statutory declaration that murder 
 committed by certain means or while 
 engaged in commission of felony shall 
 be murder in first degree upon right of 
 jury to pass upon decree. L.R.A.1916D, 
 610. 
 
 § 37. Enforcement of liability of 
 stockholder. 
 
 Constitutionality of change of remedy for 
 enforcing stockholder's liability. L.R.A. 
 1915B, 802. 
 
 i. Bights on various particular subjects. 
 1. In general. 
 
 § 39. Aliens. 
 
 Validity of discrimination against aliens by 
 inheritance tax law as affected by 
 treaties with foreign government. 
 L.R.A.1916A, 474. 
 
 § 40. Animals. 
 
 Validitv of statutory regulations as to in- 
 fected animals. 43 L.R.A. (N.S.) 1066. 
 
 Ordinances with respect to disposal of dead 
 animals. 48 L.R.A.(N.S.) 979. 
 
 Constitutionality of statute or ordinance for 
 prevention of cruelty to animals. 
 L.R.A.1916A, 951. 
 
 Right to kill dogs under police power. 
 L.R.A.1915C, 360. 
 
 § 40a, Assessments. 
 
 Assessing corner lot by frontage rule. 50 
 L.R.A.(N.S.) 922. 
 
 § 41a. Attorneys, compensation and 
 lien of; disbarntent. 
 
 Constitutionality of statutes relating to dis- 
 barment of attorneys. 44 L.R.A. 
 (N.S.) 1195. 
 
 § 41b. Automobiles. 
 
 Validity of statute making owner liable for 
 injury by automobile being used by 
 another. 45 L.R.A. (N.S.) 699. 
 
 § 44. Carriers. 
 
 Governmental regulation of carriers general- 
 ly, see Caekiebs, V. 
 
 Constitutionality of full crew acts. 49 
 L.R.A. (N.S.) 978. 
 
 Constitutionality of statute requiring un- 
 occupied upper berth to be left closed. 
 L.R.A.1916A, 1139. 
 
104 
 
 IXDEX TO NOTES. 
 
 CONSTITUTIONAL LAW, VIII. i, 1— 
 cont'd. 
 
 § 45. Children. 
 
 Constitutionality of statutes establishing 
 juvenile courts. 45 L.E.A.(N.S.), 908. 
 
 § 48a. Convict labor. 
 
 Constitutional objections to convict labor 
 contracts. L.E.A.1916D, 660. 
 
 § 49. Corporations. 
 
 Power of public to determine capacity or 
 suitableness of particular officer, agent, 
 or employee of private corporation, or 
 corporation vchose business is affected 
 with a public interest. L.R.A.1915E, 
 708. 
 
 g 49a. Cremation. 
 
 Regulations concerning cremation of human 
 bodies. 52 L.R.A.(N.S.) 408. 
 
 § 49b. Crops. 
 
 See infra, § 90a. 
 
 § 54. Destruction of property by mob. 
 
 Constitutionality of statute imposing liabil- 
 ity for property destroyed by mob. 44 
 L.R.A.(N.S.) 361. 
 
 § 54b. Disbarment. 
 
 Of attorney, see supra, § 41a. 
 
 § 54c. Disorderly houses. 
 
 Forfeiture of property found in bawdy- 
 house. 52 L.R.A.(N.S.) 932. 
 
 § 56. Elections. 
 
 Constitutional right to vote, see Elections. 
 I. 
 
 Constitutionality of statute prescribing 
 property qualification on right to vote 
 on establishment of drainage district. 
 44 L.R.A.(N.S.) 539. 
 
 Constitutionality of preferential system of 
 voting. L.R.A.1916B, 939. 
 
 Constitutionality of statute requiring Voter 
 to vote for all officers. L.R.A.1915B, 
 402. 
 
 § 57. —ballots. 
 
 Constitutionality of provision limiting 
 names of candidates on official ballot. 
 L.R.A.19a5A, 1190. 
 
 Constitutionality of statute providing for 
 election of judicial officers by separate 
 ballot. 44 L.R.A.(N.S.) 712. 
 
 § 59. ^ primary elections. 
 
 Constitutionality of statute imposing fee 
 for filing nominations. L.R.A.1915B, 
 197. 
 
 § 61a. Eminent domain. 
 
 Constitutionality of statute authorizing tak- 
 ing of more property than is intended 
 to be used to effect public purpose. 46 
 L.R.A.(N.S.,) 1196. 
 
 § 62. Employers and employees. 
 
 As to convict labor, see supra, § 48a. 
 
 CONSTITUTIONAL LAW, VIII. i, 1— 
 cont'd. 
 
 Constitutionality of statutes affecting rela- 
 tion generally, see Master and Serv- 
 ant, § 10. 
 
 Prohibiting or restricting employment of 
 aliens. L.R.A.1916D, 569. 
 
 Constitutionality of statute requiring pre- 
 liminary apprenticeship or experience 
 for railroad employees. L.R.A.1915D, 
 677. 
 
 Constitutionality of workmen's compensa- 
 tion and industrial insurance statutes. 
 L.R.A.1916A, 409. 
 
 Constitutionality of Federal employers' lia- 
 bility act. 47 L.R.A.(N.S.) 38; L.R.A. 
 1915C, 47. 
 
 Constitutionality of statute abrogating tlie 
 fellow-servant rule. 47 L.R.A. (N.S.) 
 84. 
 
 Constitutionality of full crew acts. 49 
 L.R.A.(N.S.) 978. 
 
 Statute requiring mine owner or operator 
 to furnish wash rooms or similar con- 
 veniences for employees. L.R.A.1915B, 
 420. 
 
 Constitutionality of statute requiring One 
 advertising for help during strike to 
 mention its existence. 49 L.R.A. (N.S.) 
 879. 
 
 Constitutionality of statute restricting rem- 
 edy by injunction in labor disputes. 
 L.R.A.1916F, 836. 
 
 § 63a. — afEecting right to contract. 
 
 See Master and Servant, § 11. 
 
 § 64. — hours of labor. 
 
 See Master and Servant, § 33. 
 
 § 65. — nrages. 
 
 See Master and Servant, §§ 30, 31. 
 
 § 66. — labor organizations. 
 
 Exempting wage earners from anti-trust 
 laws. 52 L.R.A.(N.S.) 525. 
 
 Right of municipality or other public body 
 to discriminate in favor of union labor. 
 52 L.R.A.(N.S.) 728. 
 
 Constitutionality of statute forbidding em- 
 ployer to exact an agreement from em- 
 ployee not to join labor union. L.R.A. 
 1915C, 960. 
 
 Constitutionality of statute restricting rem- 
 edy by injunction in labor disputes. 
 L.R.A.1916iF, 836. 
 
 § 70. Fish and game laws. 
 
 Prohibition or regulation of fishing over 
 private land. L.R.A.1916E, 523. 
 
 Constitutionality of the "migratorj' birds" 
 provision in the act of Congress of 
 March 4, 1913. L.R.A.1915r, 1031. 
 
 § 73. Game laws. 
 
 See supra, § 70. 
 
 .g 73a. Garage. 
 
 Prohibition or regulation of. L.E.A.1915D, 
 603. 
 
 Begin tvith this booli on every law question. 
 
INDEX TO NOTES. 
 
 105 
 
 CONSTITUTIONAL LAW, VIII. i, 1— 
 cont'd. 
 
 § 75. Health. 
 
 (Jonstitutionality of laws prohibiting carry- 
 ing on of employments or occupations 
 upon certain premises. 44 L.R.A. 
 (N.S.) 46. 
 
 § 76. Highways. ' 
 
 Forbidding or restricting teaming on cer- 
 tain public ways. 51 L.E.A. (N.S.) 
 1303. 
 
 Regulation of use of jitney buses on. L.R.A. 
 1915F, 842. 
 
 § 82. Marriage. 
 
 Legislative power to forbid marriage. 52 
 L.E.A. (N.S.) 778. 
 
 § 82a. Master and servant. 
 
 See supra, §§ 62-66. 
 
 § 85. Municipal corporations; conn- 
 ties. 
 
 Delegation of power to municipality, see 
 supra, § 15. 
 
 Constitutionality of commission form of 
 government for municipalities. 51 
 L.R.A.(N.S.) 632. 
 
 Power of legislature to compel payment by 
 municipal corporations of nonlegal de- 
 mands. L.R.A.1915D, 927. 
 
 § 89. Nuisances. 
 
 Municipal control of nuisances, see JlDivrici- 
 
 PAL COBPOEATIONS, V. C, 4 (e). 
 
 Legislative authority as defense to liability 
 for nuisance, see Nuisances, § 28. 
 
 § 90. Officers. 
 
 Power of legislature to add to or vary the 
 constitutional method of selecting 
 judges. L.R.A.1916E, 834. 
 
 Power of legislature to extend term of of- 
 fice beyond that fixed by the constitu- 
 tion. L.R.A.1915C, 378. 
 
 Constitutionality of recall of officers. 50 
 L.R.A.(N.S.) 227; L.R.A.1916D, 1103. 
 
 Constitutionality of statute providing for 
 removal of officer for drunkenness. 50 
 L.R.A.(N.S.) 913. 
 
 Constitutionality of commission form of 
 government for municipality. 51 
 L.R.A.(N.S.) 632. 
 
 S 90a. Orchards, trees, or crops. 
 
 Constitutionality of statutory regulations 
 as to infected orchards, trees, or crops. 
 43 L.R.A.(N.S.) 1081; L.R.A.1915r, 
 894. 
 
 § 92|. Penalties. 
 
 Excessive penalty as denial of due process 
 of law. 46 L.R.A. (N.S.) 1039. 
 
 § 92a. Public contracts. 
 
 Proliibiting or restricting employment of 
 aliens on. L.E.A.1916D, 569. 
 
 § 93. Public improvements. 
 
 Assessments for, see supra, § 40a. 
 
 Consult also L.R.A. Digests to date. 
 
 CONSTITUTIONAL LAW, VIII. 1, 1— 
 
 cont'd. 
 § 94a. Receiving stolen property. 
 
 Statute making failure to inquire as to 
 possessor's right equivalent to guilty 
 knowledge. 46 L.R.A. (N.S.) 31. 
 
 § 94b. Records and recording laivs. 
 
 Constitutionality of the Torrens Law. L.E.A. 
 1916D, 15. 
 
 § 95. Religious societies. 
 
 Validity of exemption from liability to suc- 
 cession tax. 50 L.R.A.(N.S.) 992. 
 
 § 96. Schools. 
 
 As to use of school funds, see Schools, § 38. 
 
 Constitutionality of statute providing for 
 transportation of pupils at public ex- 
 pense. 50 L.R.A. (N.S.) 428. 
 
 § 102. Taxes. 
 
 Assessments for public improvements, see 
 
 supra, 40a. 
 As to- license tax, see License, II. 
 Taxation of corporations, see Taxes, II. e, 3. 
 Situs of property for purpose of taxation, 
 
 see Taxes, III. 
 
 Constitutionality of mortgage registration 
 
 tax. L.R.A.1916A, 865. 
 Power of legislature to permit appeal to 
 
 court for purpose of reviewing the 
 
 amount of a tax assessment. L.R.A. 
 
 1915B, 875. 
 Constitutionality of classification of miner- 
 als for purposes of taxation. L.R.A. 
 
 1916F, 164. 
 What notice is necessary to due process of 
 law in tax proceedings. L.R.A. 
 1916E, 5. 
 
 Generally. L.R.A.1916E, 5. 
 
 Notice by statute, L.R.A.1916E, 8. 
 
 Legislative action. L.R.A. 1916E. 12. 
 
 Right to a hearing. L.R.A.1916E, 14. 
 
 Right of appeal. L.R.A.1916E, 21. 
 
 Failure of statute to provide notice 
 L.R.A.1916E, 24. 
 Inquiry as to benefits. L.R.A. 
 1916B, 30. 
 
 Failure to give the statutory notice. 
 L.R.A.1916E, 32. 
 
 Estoppel. L.R.A.1916E, 34. 
 
 Raising assessments. L.R.A.1916E, 35. 
 
 Curative acts. L.R.A. 1916E, 38. 
 
 Forfeiting and self-executing provisions. 
 L.R.A.1916E, 39. 
 
 Statutory remedy for defective tax pro- 
 ceedings. L.R.A.1916E, 42. 
 
 Notice by publication, posting or rec- 
 ord. L.R.A.1916E, 44. 
 
 Notice by suit. L.R.A.1916E, 52. 
 
 Omitted property. L.R.A.1916E, 50. 
 
 § 103. — succession tax. 
 
 Constitutionality of succession taxes. .)0 
 L.R.A.(N.S.) 99L 
 Rule of uniformity and equality. 50 
 L.R.A.(N.S.) 992. 
 Discrimination between relatives. 
 
 50 L.E.A.(N.S.) 992. 
 Exemptions. 50 L.R.A. (N.S.) 992. 
 Due process of law. 60 L.R.A. (N.S.) 
 993. 
 
106 
 
 INDEX TO NOTES. 
 
 CONSTITUTIONAL LAW, VIII. i, 1— 
 cont'd. 
 Equal protection of the laws. 50 L.R.A. 
 
 (N.S.) 994. 
 Impairing of obligation of contract; 
 vested rights. 50 L.E.A.(N.S.) 
 994. 
 Miscellaneous cases. 50 L.E.A.(N.S.) 
 995. 
 Constitutionality of tax or fees as condi- 
 tion of probate. 50 L.R.A.(N.S.) 997. 
 
 § 104. ^income tas. 
 
 Constitutionality of income tax. L.R.A. 
 1915B, 569. 
 
 § 106a. Tobacco. 
 
 Power to prohibit or restrict use of tobac- 
 co. 51 L.E.A.(N.S.) 562. 
 
 § 108i. Trees. 
 
 See supra, § 90a. 
 
 § lOSbi. Vermin. 
 
 Constitutionality of statutes or ordinances 
 for extermination of vermin. L.R.A. 
 1916A, 1239. 
 
 § 110a. Weeds. 
 
 Validity of statutes in relation to noxious 
 weeds. 43 L.R.A. (N.S.) 1090. 
 
 § 111. Women. 
 
 As employees, see Master ahd Sbssvant, § 
 12. 
 
 S. Regulation of business or occupa- 
 tion; license. 
 
 § 112. Generally. 
 
 Matters between master and servant, see 
 supra, §§ 62-66. 
 
 As to licenses, generally, see License, II. 
 
 Revocation of license, see License, II. b. 
 
 Discrimination as to license fees, see Li- 
 cense, II. d. 
 
 JIunicipal regulation of business, see Mu- 
 nicipal CORPOEATIONS, V. C, 4 (b). 
 
 g 112a. Amusements. 
 
 Power of state to determine location of 
 places of amusement. L.R.A.1916D, 99. 
 
 Exempting wage earners from anti-trust 
 laws. 52 L.R.A.(N.S.) 525. 
 
 § 114. Bankers. 
 
 Constitutionality of statute authorizing 
 officer to take charge of assets of bank 
 upon suspicion of insolvency. L.R.A. 
 1915E, 675. 
 
 § 114a. Bread. 
 
 See infra, § 118. 
 
 § 116. Billk sale. 
 
 Constitutionality of bulk sale legislation. 
 L.R.A.1915E, 917. 
 
 § 116a. Dentists. 
 
 Constitutionality of statute affecting right 
 to practise dentistry of one who has 
 practised in another state. L.R.A. 
 1915D, 538. 
 
 Begin with this JjooTc on every law question. 
 
 CONSTITUTIONAL LAW, VIII. 1, 2— 
 
 cont'd. 
 § 117. Employment agencies. 
 
 Police power to license employment agen- 
 cies. L.E.A.1916E, 1150. 
 
 § 118. Food and drink. 
 
 Intoxicating liquors, see Intoxicatinq Liq- 
 UOES, II. 
 
 Validity of regulations as to weight of loaf 
 of bread. 44 L.E.A.(N.S.) 632. 
 
 Constitutionality of statutes in relation to 
 vinegar. 49 L.R.A. (N.S.) 1206. 
 
 Constitutionality of statute requiring an- 
 nouncement that article is imported. 
 L.R.A.1916E, 1186. 
 
 Power to prescribe the manner or method 
 of determining quantity or amount of 
 commodity. L.E.A.1916E, 379. 
 
 § 119. —milk. 
 
 Validity of regulations as to infected milch 
 cattle and tuberculin test. 43 L.R.A. 
 (N.S.) 1072. 
 
 § 120a. Imported articles. 
 
 Constitutionality of statute requiring an- 
 nouncement that article is import^. 
 L.R.A.1916E, 1186. 
 
 § 131. Insurance. 
 
 Fire insurance as a business affected with 
 a public interest. L.R.A.1915C, 1189. 
 
 §§ 123-128. Intoxicating liquors; sa- 
 loons. I 
 
 Prohibition and regulation of, generally, 
 see Intoxicating Liquors, II. 
 
 Constitutionality of prohibition, see Intoxi- 
 cating LiQUOES, § 3. 
 
 Provisions as to licenses, see Intoxicaiv 
 iNQ Liquors, III. 
 
 License or tax as contrary to constitution- 
 al provision prohibiting or restricting 
 traffic in intoxicating liquors. L.E.A. 
 1915C, 101. 
 
 § 128a. Jitney buses. 
 
 Constitutionality of regulation of jitney 
 buses. L.R.A.1915F, 842. 
 
 § 129. Junk dealers, etc. 
 
 Validity of statute making possession of 
 certain marked articles presumptive 
 evidence of unlawful traffic therein. 
 L.R.A.1915C, 734. 
 
 § 132|. Moving pictures. 
 
 Constitutionality of moving picture censor- 
 ship acts, L.R.A.1916C, 228. 
 
 Power of state to determine location of. 
 L.R.A.1916D, 99. 
 
 § 132a. Pairnbrokers. 
 
 Constitutionality of statute limiting hours 
 of pawnbrokers' business. 44 L.R.A. 
 (N.S.) 1039. 
 
 § 134. Plumbers. 
 
 Constitutionality of statute requiring 
 plumber to secure a license. 50 
 L.R.A. (N.S.) 421. 
 Ordinances. 50 L.R.A. (N.S.) 424. 
 
INDEX TO NOTES. 
 
 107 
 
 CONSTITUTIONAL LAW, VIII. i, 2— 
 cont'd. 
 
 § 136. Rates of public service corpo- 
 rations. 
 
 Regulation of carrier's rates by government, 
 see Carkieks, V. c. 
 
 Regulation of rates of public service cor- 
 porations generally, see Public Serv- 
 ice COEPORATIONS, § 2. 
 
 Regulation of water rates, see Waters, § 
 121. 
 
 State regulation of rates of irrigation com- 
 panies. L.E.A.1915D, 1205. 
 
 § 138. Saloons. 
 
 See supra, §§ 123-128. 
 
 § 140. Telegraphs and telephones. 
 
 Constitutionality of statutes permitting re- 
 covery for mental anguish in telegraph 
 cases. 49 L.R.A.(N.S.) 337. 
 
 § 142. Trading stamps. 
 
 Constitutionality of prohibition against use 
 of trading stamps. 49 L.R.A. (X.S.) 
 1123. 
 
 § 146. 'Weights and measures. 
 
 Validity of regulations as to weight of 
 loaf of bread. 44 L.R.A. (N.S.) 632. 
 
 Validity of statute or ordinance for the 
 settlement of weights as between buyer 
 and seller by public weigher. 51 L.R.A. 
 (N.S.) 731. 
 
 Power to prescribe the manner or method 
 of determining quantity or amount of 
 commodity. L.R.A.1916E, 379. 
 
 3. Remedies and procedure. 
 
 § 147. Generally. 
 
 Constitutionality of statute forbidding con- 
 tracts ousting jurisdiction of court. 48 
 L.R.A.(N.S.) 855. 
 
 Constitutionality of statutes permitting 
 recovery for mental anguish in tele- 
 graph cases. 49 L.R.A. (N.S.) 337. 
 
 Constitutionality of statutes , restricting 
 remedy by injunction in labor disputes. 
 L.R.A.1916F, 836. 
 
 Constitutionality of discriminations as to 
 jurisdictional requisite of residence in 
 divorce suit. L.E.A.1916A, 710. 
 
 § 148. Appeal. 
 
 Constitutionality of statute denying right 
 of appeal from decision in certain 
 classes of cases. 44 L.R.A.(N.S.) 1209. 
 
 Constitutionality of statute giving state 
 right to appeal in criminal case. 
 L.R.A.igi5F, 1093. 
 
 Power of legislature to permit appeal to 
 court for purpose of reviewing the 
 amount of a tax assessment. L.R.A. 
 1915B, 875. 
 
 § 149. Attorneys' fees. 
 
 Validity of statutory provision for attor- 
 neys' fees. ■L.R.A.1915E, 943. 
 Consult also L.R.A. Digests to date. 
 
 CONSTITUTIONAL LAW, VIII. i, 3— 
 
 cont'd. 
 § 150a. Damages. 
 
 Exaction of penalties for acts done under 
 supposed sanction of law as violation 
 of due process of law. L.R.A.1916A, 
 1211. 
 
 Constitutionality of statute empowering 
 public service commission or other gen- 
 eral board to determine amount of com- 
 pensation in eminent domain proceed- 
 ings. 52 L.R.A. (N.S.) 850. 
 
 Permitting recovery for mental anguish in 
 telegraph cases. 49 L.R.A. (N.S.) 337. 
 
 § 151. Evidence. 
 
 Making weight as found by public weigher 
 conclusive as between buyer and seller. 
 51 L.R.A.(N.S.) 731. 
 Power of legislature to enact prima facie 
 rule of evidence for criminal oases. 
 L.R.A.1915C, 717. 
 Particular constitutional questions. 
 L.R.A.1915C, 719. 
 Due process of law. L.R.A.1915C, 
 
 719. 
 Equal protection of the laws. 
 
 L.R.A.1915C, 723. 
 Trial by jury. L.R.A.1915C, 724. 
 Right to be confronted with wit- 
 nesses. L.R.A.1915C, 725. 
 Involuntary servitude. L.R.A. 
 
 1915C, 725. 
 The question of assumption of ju- 
 dicial fimctions by the legisla- 
 ture. L.R.A.1915C, 727. 
 Particular subjects or facts. L.R.A. 
 1915C, 727. 
 Gaming. L.R.A.1915C, 727. 
 Dealing in futures. L.R.A.1915C, 
 
 728. 
 Liquor laws. L.R.A.1915C, 729. 
 United States license as prima 
 facie evidence. L.R.A. 
 1915C, 731. 
 Failure of bank. L.R.A.1915C, 732. 
 Frauds on employers. L.R.A. 
 
 1015C, 733. 
 Frauds on hotels, etc. L.R.A. 
 
 1915C, 733. 
 Bastardy. L.R.A.1915C, 733. 
 Possession of marked bottles, etc 
 
 L.R.A.1915C, 734. 
 Possession of stolen property. 
 
 L.R.A.1915C, 734. 
 Reputation or repute as evidence. 
 
 L.R.A.1915C, 734. 
 Miscellaneous statutes. L.R.A. 
 1915C, 736. 
 Miscellaneous. L.R.A.1915C, 736. 
 
 § 153. Jury; grand jury; verdict. 
 
 Effect of provision that jury shall deter- 
 mine the law and the facts in libel case. 
 51 L.R.A.(N.S.) 369. 
 
 § 155. Notice and heying. 
 
 Under the Torrens Law. L.R.A.1916D, 15. 
 
 Notice of proceedings after jurisdiction 
 has attached as a condition of due proc- 
 ess of law. 52 L.R.A.(N.S.) 1161. 
 
 Revocation for condition broken of condi- 
 tion pardon or parol without notice or 
 hearing. L.R.A.1915F, 541. 
 
108 
 
 INDEX TO NOTES. 
 
 CONSTITUTIONAL LAW, VIII. i, 3— 
 
 cont'd. 
 What notice is necessary to due process of 
 
 law in tax proceedings. L.K.A.1916E, 5. 
 
 § 158. Venue. 
 
 Constitutionality of statute permitting 
 
 change of venue to one party and not 
 
 to the other. L.K.A.1915F, 920. 
 
 Constitutionality of laws allowing a change 
 
 of venue on application of the 
 
 state, or by the court of its own 
 
 motion. L.K.A.1915F, 922. 
 
 Change on application of state. L.R.A. 
 
 1915r, 922. 
 Change on court's own motion. L.E.A. 
 1915F, 931. 
 
 4. Criminal matters; imprisonment. 
 
 § 160. Generally. 
 
 As to right of appeal, see supra, § 148. 
 As to penalty, see supra, § 150a. 
 Matters as to evidence, see supra, § 151. 
 Constitutional guaranty against self-crim- 
 ination, see Criminal Law, § 49. 
 
 Constitutionality of statutes imposing crim- 
 inal liability on master for misconduct 
 of servant. 43 L.E.A. (N.S.) 36. 
 
 Statutes, infringing freedom to deal with 
 one's property enacted in order to pre- 
 vent larceny. L.E.A.1915B, 213. 
 
 Continuance of constitutional guaranties 
 during war or insurrection. 45 L.E.A. 
 (N.S.) 996. 
 
 Constitutionality of statutes establishing 
 juvenile courts. 45 L.E.A. (N.S.) 908. 
 
 Constitutionality of laws allowing a change 
 of venue on application of the state, 
 or by the court of its own motion. 
 L.R.A.1915F, 922.' 
 
 Eight to take or retain in rogues' gallery 
 picture of one accused of crime. L.E.A. 
 1916A, 743. 
 
 § 161. Punishment; impTisonment. 
 
 Imprisonment for debt, see Impeisonment 
 FOR Debt. 
 
 Legislative control of extent of punishment. 
 L.E.A.1915C, 559. 
 
 Enhancing penalty for crimes committed 
 by habitual criminals or prior oflfenders. 
 48 L.E.A. (N.S.) 204. 
 
 Constitutionality of statutes establishing 
 parol system. L.E.A.1915F, 531. 
 
 Eevocation for condition broken of condi- 
 tional pardon or parol without notice 
 or hearing. L.R.A.1915F, 541. 
 
 Constitutionality of restrictions upon gov- 
 ernor's pardoning power. L.E.A.1915F 
 519. 
 
 C ONSTRUCTION. 
 
 CONSTEUCTION— coKi'd. 
 
 Of contracts by corporation, see Cobpoba- 
 TIONS, V. b. 
 
 Of subscription to corporate stock, see CoB- 
 POBATIONS, VIII. b. 
 
 Of covenants generally, see Covenants, II. 
 
 Of covenants in lease, see Landlord and 
 Tenant, III. b. 
 
 Of deeds, see Deeds, III. 
 
 Of insurance policy, see Insurance, V. g. 
 
 Of cotidition, see Conditions. 
 
 Of provisions as to courts and their juris- 
 diction, see Courts. 
 
 Of provisions in regard to eminent domain, 
 see Eminent Domain. 
 
 Of provisions as to exemptions generally, 
 see Exemptions. 
 
 Of provisions as to homestead, see Home- 
 stead. 
 
 Of provisions as to infants, see Infants. 
 
 Of license, see Intoxicating Liquors; Li- 
 cense. 
 
 Of mechanics' liens and provisions for same, 
 see Mechanics' Liens. 
 
 Of mortgage, see Mortgage. 
 
 Of municipal ordinance, see 
 Corporations, V. c. 
 
 Of railroad, see Eailboads, VI. 
 
 Of statute, see Statutes, III. 
 
 Of street railway, see Street Eailways, II. 
 
 Of will, see Wills, V. 
 
 Municipal 
 
 CONSTRUCTION CONTRACTS. 
 
 See Building and Construction Con- 
 tracts. 
 
 CONSTRUCTION WORK. 
 
 As railroad hazard within statute cliang- 
 ing fellow-servant rule. 47 L.R.A. 
 (N.S.) 114. 
 
 CONSTRUCTIVE FORCE. 
 
 Constituting robbery. 46 L.E.A. (N.S.) 
 1149. 
 
 4 »» 
 
 Of contract generally, see Contracts, III. 
 Of contract limiting carrier's liability, see 
 
 Carriers, §§ 28, 91. 
 Of chattel mortgage, see Chattel Mort- 
 gage, § 8. ^ 
 
 Begin with this boole on every law question 
 
 CONSTRUCTIVE NOTICE. 
 
 See Notice, II. 
 
 •-•-• 
 
 CONSTRUCTIVE SERVICE. 
 
 Of process, see Weit and Process, II. b. 
 
 ^--* 
 
 CONSTRUCTIVE TOTAL LOSS. 
 
 In general, see Insurance, § 173. 
 
INDEX TO NOTES. 
 
 109 
 
 CONSTRUCTIVE TOTAL LOSS— cont'd. 
 
 Does a policy of marine insurance against 
 total loss only, or containing an ex- 
 ception against liability for partial 
 loss cover a constructive- total loss. 
 L.R.A.1916F, 1171. 
 
 CONSTRUCTIVE TRUSTS. 
 
 See Trusts, II. d. 
 
 » « » 
 
 CONSULTING PHYSICIAN. 
 
 Does privilege aa to communication to or 
 information acquired by physician ex- 
 tend to consulting physician. L.R.A. 
 1915F, 891. 
 
 CONSUMPTION. 
 
 As element of damages for negligent injury. 
 48 L.R.A.(N.S.) 102. 
 
 CONTAGIOUS DISEASE. 
 
 § 1. Generally. 
 
 Of animal, see Animals, § 17. 
 
 Protection against and regulations as to, 
 
 see Health, III. 
 Hospitals for, see Hospitals. 
 
 Right of innkeeper to refuse to accept aa 
 
 guest one having contagious disease. 
 
 52 L.R.A. (N.S.) 745. 
 Mental anguish because of exposure to, as 
 
 element of damages in telegraph cases. 
 
 49 L.R.A.(N.S.) 238. 
 
 CONTAINERS. 
 
 Unfair competition in using rival's contain- 
 er for competing product. L.R.A.1915F, 
 945. 
 
 CONTEMPORANEOUS AGREEMENT. 
 
 Parol evidence as to, see Evidence, VII. c. 
 
 #»» 
 
 CONTEMPT. 
 
 /. In general, §§ 1—4,. 
 II. What cotuititutes, §§ 5—9. 
 
 III. Power to punish for, §§ 10—12. 
 
 IV. Punishment, § 13. 
 
 Consult also L.B.A. Digests to date. 
 
 CONTEMPT— cont'd. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Liability of corporation for, see Corpoea- 
 TIONS, § 39. 
 
 Holding of witness for contempt during 
 trial as ground for reversal. 43 L.R.A. 
 (N.S.) 844. 
 
 Liability of judicial officer for committing 
 for contempt. 44 L.R.A. (N.S.) 175. 
 
 § 4. Procedure. 
 
 Validity of statute creating prima facie rule 
 of evidence in contempt cases. L.R.A. 
 1916C, 736. 
 
 II. What constitutes. 
 
 § 5. Generally. 
 
 Bringing or inciting the bringing of a false 
 or fictitious suit as contempt. L.R.A. 
 1915B, 689. 
 Misconduct toward juror as contempt. 46 
 
 L.R.A.(N.S.) 517; L.R.A.1916D, 
 
 1193. 
 Concerning prospective jurors. 46 
 
 L.R.A.(N.S.) 617; L.R.A.1916D, 
 
 1193. 
 Concerning jurors selected to try tlie 
 • case. 46 L.R.A.(N.S.) 518; L.R.A. 
 
 1916D, 1193. 
 Concerning the grand jury. 46 L.R.A. 
 
 (N.S.) 521; L.R.A.1916D, 1193. 
 • Effect of statute making interference 
 
 vi'ith jury an indictable offense. 46 
 
 L.R.A.(N.S.) 521. 
 Misconduct toward witness as contempt of 
 
 court. L.R.A.1915D, 569. 
 Arrest. L.R.A.1915D, 569, 
 Assault. L.E.A.191oD, 570. 
 Bribery. L.R.A.1915D, 570. 
 Intimidation. L.R.A.1915D, 571. 
 Inducing witness to evade service of 
 
 summons or subpoena. L.R.A. 
 
 1915D, 571. 
 Inducing witness to disregard summons, 
 
 subpoena, or recognizance. L.R.A. 
 
 1915D, 571. 
 Preventing appearance. L.R.A. 1915D, 
 
 572. 
 Publication accusing of perjury. 
 
 L.R.A.191oD, 573. 
 Service of process. L.R.A.1915D, 573. 
 Subornation of perjury. L.R.A.1915D, 
 
 573. 
 ^Miscellaneous. L.R.A.19I.3D. 574. 
 Defamatory statements made on witness 
 stand as. 4 B. R. C. 959. 
 
 § 8. Disobedience. 
 
 Refusal to be sworn or to affirm as a con- 
 tempt of court. 51 L.R.A.(X.S.) ]]5.-.. 
 
 Duty to produce books or papers pursuant 
 to order of court as affected by tlieiv 
 location or control or by considerations 
 of convenience or inconvenienoc. L.R.A. 
 1915B, 980. 
 
 Right of bank officer or employee to refuse 
 to disclose stat"! of depositor's account. 
 L.R.A.1915D, 1061. 
 
110 
 
 INDEX TO NOTES. 
 
 CONTEMPT, U.— cont'd. 
 § 8a, — of injunction. 
 
 Dissolution of preliminary injunction as 
 affecting right to punish for contempt 
 for its violation. 51 L.R.A.(N.S.) 972. 
 
 III. Power to punish for. 
 
 § 10. Generally. 
 
 Liability of judicial officer for committing 
 
 for contempt. 44 L.R.A.(N.S.) 175. 
 Dissolution of preliminary injunction as 
 affecting riglit to punish for con- 
 tempt for its violation. 51 L.R.A. 
 (N.S.) 972. 
 In appeal cases. 51 L.E.A. (N.S.) 973. 
 
 IV. Punishment. 
 
 § 13. Generally. 
 
 Power to punish, see supra. III. 
 
 Cruel and unusual punishment for. L.R.A. 
 1915C, 570. 
 
 Remedy pending appeal from decree in di- 
 vorce suit, for failure to comply with 
 order for payment of temporary ali- 
 mony, suit money, or counsel fees. 51 
 L.R.A. (N.S.) 1119. 
 
 Refusal to proceed with trial of divorce suit 
 because of noncompliance with order to 
 pay temporary alimony, suit money, or 
 counsel fees. L.R.A.1915E, 567. 
 
 CONTEST. 
 
 Of election, see Elections, IV. 
 Of will, see Wills, § 57. 
 
 CONTINGENCIES. 
 
 Allowance for, in appraising public service 
 property on the cost to reproduce basis. 
 48 L.R.A.(N.S.) 1042. . 
 
 CONTINGENT FEE. 
 
 Of attorney, see Attorneys, § 20. 
 
 CONTINGENT INTERESTS. 
 
 Under will, see Wills, V. j, 10. 
 
 Estates in remainder as assets which will 
 
 pass to the trustee in banlcruptcy. 
 L.R.A.(N.S.) 284. 
 
 47 
 
 CONTINGENT REMAINDERS. 
 
 CONTINUANCE. 
 
 § 1. Generally. 
 
 Presumption ajid burden of proof as to, see 
 EVIDBNOE, § 61. 
 
 CONTINUING NUISANCE. 
 
 Liability for, see NmsANCES. 
 
 CONTINUING OFFENSE. 
 
 Concealment of assets in violation of bank, 
 ruptcy act as a continuing offense. 43 
 L.R.A.(N.S.) 278. 
 
 CONTRABAND. 
 
 Effect of carriage of contraband upon ma- 
 rine insurance, 5 B. R. C. 58. 
 
 See Wills, § 101. 
 
 Begin with this book on every law question. 
 
 CONTRACTOR. 
 
 In general, see Contbacts. 
 
 Bonds of, see Bonds, §§9, 10. 
 
 Building and construction contractors, see 
 Building and Constetjction Cok- 
 teacts. 
 
 Performance or breach of contract, see Con- 
 tbacts, v. 
 
 Liability for injury in highways, see High- 
 ways, § 92. 
 
 As to independent contractors, see Mastee 
 AND Sebvant, IV. b. 
 
 For public improvement, see Public Im- 
 pboveiments. 
 
 Master's liability for injury to servants of, 
 under workmen's compensation acts. 
 L.R.A.1916A, 95. 
 
 Language used by owner or other person in- 
 terested in construction of building, im- 
 porting a promise to pay a subcontract- 
 or, materialman, or employee of con- 
 tractor as a promise to answer for the 
 debt or default of another. 5 B. R. C. 
 96. 
 
 Right of contractor with public to immunity 
 which latter enjoys from liabilitv for 
 damages. L.R.A.1916D, 511. 
 
 Liability of mail contractors for lost or stol- 
 en mail. L.R.A.1915A, 376. 
 
 Allowance of contractor's profits in ap- 
 tpraisals of public service property, on 
 the cost to reproduce theory. 48 L.R.A. 
 (N.S.) 1041. 
 
 Reservation of title to, or lien upon, chat- 
 tel sold to contractor or materialman 
 who attaches it as a fixture to realty 
 of a third person. 52 L.R.A.(N.S.) 
 561. 
 
INDEX TO NOTES. 
 
 Ill 
 
 CONTRACTS, 
 
 I. In general, § 1, 
 U. \ature and requisites, §§ 2—60. 
 
 b. Implied agreements, §§ 3—0. 
 
 c. Consideration, §§ 7—17. 
 
 1. In general, § 7. 
 
 2. Necessity of, § 8. 
 
 3. Sufficiency of, §§ 9—14:. 
 
 4. Failure of, § 13. 
 
 d. Mxituality, § IS. 
 
 e. Meeting of minds; definite- 
 
 riess, §§ 19—23. 
 
 f. Capacity to m,ake, § Si. 
 
 g. Formal requisites; statute 
 
 of frauds, §§ 25-59. 
 
 1. In general, §§ 25—33. 
 
 2. Contracts relating to 
 
 personalty, §§ 34:— 36. 
 
 3. Contracts to answer for 
 
 debt or default of an- 
 other, § 37. 
 4:. Contracts not to be per- 
 formed within a year, 
 §§ 38, 39. 
 
 5. Contracts as to realty, 
 
 §§ 40-49. 
 
 6. Sufficiency of loriting, 
 
 §§ 50-34. 
 
 7. Effect of part perform,- 
 
 ance, §§ 33-39. 
 III. Construction, §§ 61— 69a. 
 
 a. In general, § 61. 
 
 b. Entirety, § 62. 
 
 c. Time, § 63. 
 
 d. Particular words, phrases, 
 
 and cases, §§ 64— 69a. 
 IT. Essential validity and effect, §§ 
 70-120. 
 
 a. In general; public policy, §§ 
 
 70-103. 
 
 b. Fraud; unfair advantage, § 
 
 104. 
 
 c. Gambling and wagering con- 
 
 tracts, §§ 103, 106. 
 
 d. In restraint of trade, §§ 
 
 107-109. 
 
 e. Ratification, §§ 110, 111. 
 
 f. Relief from, or enforcement 
 
 of, §§ 112-120. 
 W. Performance ; breach, §§ 121— 
 142. 
 a. In general, §§ 121—132. 
 1. Generally, §§ 121, 122. 
 3. Excuse for failure to 
 perform, §§ 123—126. 
 
 3. Incomtplete perform- 
 
 ance ; sufficiency of per- 
 formance, §§ 127— 
 130. 
 
 4. Breach, §§ 131, 131a. 
 3. Tim,e of performance, § 
 
 132. 
 h. Building and construction 
 contracts, §§ 133-14S. 
 TI. Change ; extinguishment, §§ 143— 
 156. 
 
 a. In general, §§ 143—148. 
 
 b. Rescission; cancelation, §§ 
 
 149—136. 
 Til. Actions; liabilities, § 157. 
 Till. Public contracts, §§ 138—161. 
 Consult also L.R.A. Digests to date. 
 
 CONTEACTS— co«*'d. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Particular kinds of contracts, see specific 
 titles, e. g., Bills and Notes; Bbok- 
 EBS; Husband and Wife; Insukance; 
 Sale; Vendor and Pukchaseb. 
 
 Arbitration agreements, see Aebitbation. 
 
 Assignability of, see Assignment, § 4. 
 
 Matters peculiar to auctions, see Auctions. 
 
 Automobile distribution contract, see Auto- 
 mobiles, § 11. 
 
 Of employment, see Brokebs; Master and 
 Servant; Principal and Agent. 
 
 Compromise, see Compromise and Settle- 
 ment. 
 
 Conflict of laws as to, see Conixict of 
 Laws, I. b. 
 
 Constitutionality of statutes restricting con- 
 tracts, see Constitutional Law, VIII. 
 e. 
 
 Impairment of obligation, see Constitu- 
 tional Law, VIII. h. 
 
 Of corpo|ations generally, see Coepoea- 
 TIONS, V. b. 
 
 Rights and powers of corporate officers as 
 to, see COEPORATIONS, §§ 44, 45. 
 
 Liability of corporation on contracts of pro- 
 moters, see CoEPOEATiONS, § 63. 
 
 Of county, see Counties, § 6. 
 
 As to covenants, see Covenants and Con- 
 ditions. 
 
 As affected by custom or usage, see Custom 
 AND Usage. 
 
 Agreements for divorce or separation, see 
 DrvoECE AND Separation, § 58. 
 
 Estoppel by, see Estoppel, III. d. 
 
 Evidence as to generally, see Evidence, 
 
 • XII. 1. 
 
 Of guaranty, see Guaranty. 
 
 Of married woman, see Husband and Wife, 
 III. b. 
 
 Limitation of time to sue on policy, see 
 Insurance, §§ 207, 208. 
 
 Between landlord and tenant, see Landlord 
 AND Tenant. 
 
 Of municipality, see Municipal Coepoba- 
 ttons, V. d. 
 
 OflScer's liability on, see Officees, § 39. 
 
 Of partnership, see Partnership, §§ 8, 9. 
 
 Party wall agreement, see Party Walls. 
 
 Provision for penalty in, see Penalty, § 2. 
 
 Pleading in action on contract, see Plead- 
 ing, II. b. 
 
 Liability of surety on, see Pbincipal and 
 Surety. 
 
 As to location of public buildings, see Pub- 
 lic Buildings, § 2. 
 
 For public improvements, see Public Im- 
 
 PBOVBMENTS, III. 
 
 Of sale of personal property, see Sale. 
 
 Counterclaims in tort in action8 on con- 
 tract, see Set-Off and CoUntebclaim, 
 14, b. 
 
 Specific performance of, see Specific Per- 
 formance. 
 
 For support, see Support. 
 
 Of sale of real property, see Vendor akd 
 
 PUBCHASEB. 
 
 Agreement to make will, see Wills, II. 
 
112 
 
 INDEX TO NOTES. 
 
 CONTRACTS, I.— cont'd. 
 
 For work and labor, see Wobk and Laeob. 
 
 As an intangible value to be considered in 
 public service property valuations. 48 
 L.R.A.{N.S.) 1082. 
 
 Bate of interest after judgment on contract 
 fixing rate. 3 B. R. C. 169. 
 
 Right to damages for breach of option con- 
 tract which is not specifically enforce- 
 able because it contravenes the rule 
 against perpetuities. 4 B. R. C. 292. 
 
 II. Nature and requisites, 
 6. Implied agreements. 
 
 § 3. Generally. 
 
 Implied guaranty, see Guaranty, § 3. 
 By municipal corporation, see MtrNiciPAL 
 
 COBPORATIONS, § 59. 
 
 Implication from use of patented article 
 of promise to pay royalty. 44 L.R.A. 
 (N.S.) 333. 
 Liability of one who solicits the services of 
 a physician or surgeon for another. 46 
 L.R.A.(N.S.) 577. • 
 
 Husband's liability under, for wife's pur- 
 chases on his credit of articles for per- 
 sonal use. 47 L.R.A.(N.S.) 279. 
 Right of broker securing a purchaser for 
 part of the property to recover on 
 quantum meruit. 51 L.R.A. (N.S.) 258. 
 Right to quantum meruit for services ren- 
 dered under parol contract unen- 
 forceable because not to be per- 
 formed within a year. L.R.A. 
 1916D, 895. 
 Right to quantum meruit in general. 
 
 L.R.A.1916D, 895. 
 Reference to contract^ L.R.A.1916D, 
 900. 
 Implied contract of a bank taking out-of- 
 town collections. 52 L.R.A. (N.S.) 621. 
 Implied contract to pay salary of pastor. 
 
 52 L.R.A.(N.S.) 172. 
 Personal liability of committee appointed 
 at public meeting for services or sup- 
 plies. 51 L.R.A.(N.S.) 406. 
 Liability of public for services of physician 
 or surgeon rendered prisoners. 50 
 L.R.A.(N.S.) 1223. 
 Liability of corporation for services render- 
 ed before its organization of which it 
 has had the benefit. 4 B. R. C. 757. 
 
 c. Consideration. 
 
 1. In general. 
 
 § 7. Generally. 
 
 For bill or note, see Bills and Notes, § 18. 
 For deed, see Deeds, §§ 13, 14. 
 For fraudulent conveyance, see Fraddulent 
 Conveyances, II. 
 
 Eight to recover on obligation given for 
 a consideration which is unlawful un- 
 der the law of the place where the obli- 
 gation is payable, but good under the 
 law of the place where it was executed. 
 4 B. E. C. 374. 
 
 Begin with, this boolc on every law question. 
 
 CONTRACTS, II. e, Ir^cont'd. 
 
 Consideration for contract of bank to col- 
 lect commercial paper. 52 L.R.A. (N.S.) 
 612. 
 
 § 7a. Consideration for nenr agree- 
 ments abrogating, altering, sup- 
 plementing, or supplanting prior 
 contracts. 
 
 Necessity of consideration for secondar3- 
 agreements. L.R.A.1915B, 3. 
 
 Sufficiency of consideration in secondary 
 agreements. L.R.A.1915B, 12. 
 
 Mutuality as consideration for secondary 
 contracts. L.R.A.1915B, 15. 
 Abrogations. L.R.A.1915B, 15. 
 Alterations. L.R.A.1915B, 17. 
 Substitutions. L.R.A.1915B, 18. 
 Reciprocity. L.R.A.1915B, 20. 
 Supplements. L.R.A.1915B, 23. 
 Rectifications. L.R.A.1915B, 25. 
 Explanations. L.R.A.1915B, 25. 
 Extensions of time. L.R.A.1915B, 26. 
 Modifications in general. L.R.A.1915B, 
 28. 
 
 Right to make secondary contracts upon 
 consideration. L.R.A. 1915B, 32. 
 
 Oral secondary contracts and their con- 
 sideration. L.R.A.1915B, 37. 
 
 Need of reciprocity in consideration of 
 secondary contracts. L.R.A.191oB, 37. 
 
 Changed conditions as consideration for 
 changed contracts. L.R.A.1915B, 44. 
 
 Reciprocity of benefits and burdens as con- 
 sideration for secondary contracts. 
 L.R.A.1915B, 48. 
 
 Consideration for modifications and substi- 
 tutions of executed contracts. L.R.A. 
 1915B, 55. 
 
 Consideration for waivers. L.R.A. 1915B, 
 58. 
 
 Secondary agreements as accords and satis- 
 factions or novations. L.R.A.1915±>, 
 59. 
 
 Consideration of secondary agreements be- 
 tween landlords and tenants. L.R.A. 
 1915B, 62. 
 
 Pleadings and proof respecting secondary 
 contracts. L.R.A.1915B, 68. 
 
 2. Necessity of. 
 
 § 8. Generally. 
 
 For secondary agreements, see supra, § 7a. 
 To entitle to specific performance, see Spe- 
 cific Performance, § 26. 
 
 Necessity of consideration for a subsequent 
 
 agreement extending time of payment. 
 
 52 L.R.A.(N.S.) 333. 
 Eff'eet of waiver, without new consideration, 
 
 of time clause in a building contract. 
 
 50 L.R.A. (N.S.) 501. 
 
 3. Sufficiency of. 
 
 § 9. Generally. 
 
 For secondary agreements, see supra, § 7a. 
 Invalidity of consideration, see infra, IV. 
 For deed, see Deeds, § 13. 
 For fraudulent conveyance, see Frauduleni 
 Conveyances, § 6. 
 
INDEX TO NOTES. 
 
 113 
 
 CONTRACTS, II. c, 3—confd. 
 Agreement to pay interest on an obligation 
 for an indefinite period as consideration 
 for an agreement to release the prin- 
 cipal. L.R.A.1916C, 387. 
 Furnishing medical attention as a con- 
 sideration for release of liability for 
 personal injuries or death. 46 L.R.A. 
 (X.S.) 419. 
 Necessity of new consideration to bind third 
 person who signs as surety, in- 
 dorser, or guarantor after execu- 
 tion and delivery of original con- 
 tract by principal. 44 L.E.A. 
 (N.S.) 481. 
 Effect of seal, etc. 44 L.R.A. (N.S.) 
 
 484. 
 Effect of previous agreement. 44 L.R.A. 
 (N.S.) 485. 
 Sufficiency of consideration received upon 
 disposal of municipal property. 43 
 L.R.A.(N.S.) 1137. 
 Consideration for contract requiring serv- 
 ant to elect between acceptance of bene- 
 fits out of a relief fund and a prosecu- 
 tion of his claims in an action for 
 damages. 48 L.R.A. (N.S.) 442. 
 Consideration for assumption of debts on 
 dissolution of partnership. 48 L.R.A. 
 (N.S.) 547. 
 Consideration for subscription to charity. 
 
 48 L.R.A.(N.S.) 785. 
 Consideration for a subsequent agreement 
 extending time of payment. 52 L.R.A. 
 (X.S.) 331. 
 For contract for permanent employment. 
 
 50 L.R.A.(N.S.) 455. 
 Validity and enforceability of contract in 
 consideration of naming child. 51 
 L.R.A.(N.S.) 1108. 
 
 § 10. Fre-esdsting debt. 
 
 May a corporation issue stocks or bonds 
 in payment of or as security for its 
 antecedent debts, under statutes pro- 
 liibiting the issue except for money, 
 labor done, or property actually re- 
 ceived. L.R.A.1916E, 570. 
 
 § 11. Payment of existing debt as. 
 
 Promise to pay obligation as consideration 
 for agreement extending time for pay- 
 ment thereof. 52 L.R.A.(N.S.) 337. 
 
 Payment or promise to pay existing debt 
 as consideration for agreement extend- 
 ing time of payment of other debt. 52 
 L.R.A.(N.S.) 338. 
 
 § 13. Moral obligation. 
 
 For new promise after bar of limitations, 
 see Limitation of Actions. 
 
 § 14. Effect of inadequacy. 
 
 Cancelation of a deed for inadequacy of con- 
 sideration. L.R.A.1916D, 382. 
 Effect of inadequacy of consideration on 
 remedy by injunction to restrain viola- 
 tion of agreement not to practice medi- 
 cine or surgery within a certain terri- 
 tory. L.E.A.1915B, 210. 
 Consult also L.R.A.. Digests to date. 
 
 43— '16F. 8 
 
 CONTRACTS, II. c— cont'd. 
 4. Failure of. 
 
 § 15. Generally. 
 
 As ground for relief of grantor in con- 
 veyance in consideration of agreement 
 to support, which is broken by grantee. 
 43 L.R.A.(N.S.) 926. 
 
 Failure of employer to fulfil stipulations 
 which were the consideration for re- 
 lease by servant from liability for in- 
 juries received. 48 L.R.A. (N.S.) 440. 
 
 d. Mutuality. 
 
 § 18. Generally. 
 
 Of automobile distribution contract, see Au- 
 tomobiles, § 11. 
 
 Lack of mutuality as affecting right to 
 specific performance, see Specific Pee- 
 rOEMANCE, § 21. 
 
 Mutuality as consideration for secondary 
 contracts. L.R.A.1915B, 15. 
 
 Mutuality of accepted proposition to fur- 
 nish such material as one needs in his 
 business. 43 L.R.A. (N.S.) 730. 
 
 Mutuality of contract for permanent em- 
 ployment. 50 L.R.A.(N.S.) 455. 
 
 e. Meeting of minds; definiteness. 
 
 § 19. Generally. 
 
 Accepting bid with knowledge of mistake 
 as to subject-matter. 43 L.R.A. (N.S.) 
 654. 
 
 What misrepresenfiations as to the con- 
 tents of an instrument will render it 
 void in law. 4 B. R. C. 663. 
 
 Right to avoid contract because of mis- 
 take as to identity of other party 
 thereto. L.R.A.1916D, 801. 
 
 § 20. Definiteness; certainty. 
 
 Of automobile distribution contract, see Au- 
 tomobiles, § 11. 
 
 Indcfiniteness and uncertainty of contract 
 for permanent employment. 50 L.R.A. 
 (N.S.) 454. 
 Validity of contract of employment indef- 
 inite and uncertain as to kind of 
 employment or amount of remu- 
 neration. 48 L.R.A.(N.S.) 435. 
 Remuneration. 48 L.R.A. (N.S.) 436. 
 Labor to be performed. 48 L.R.A. 
 (N.S.) 438. 
 Uncertainty of contract as defense to action 
 for specific performance of contract for 
 sale of corporate stock. L.R.A. 1915D, 
 303. 
 Uncertainty- of contract in consideration 
 of naming child. 51 L.R.A. (N.S.) 1110. 
 
 § 22. Offers and their acceptance or 
 irithdrawal. 
 
 Adoption of resolution by public corpora- 
 tion, as initiating or consummating a 
 contract. 49 L.R.A. (N.S.) 380. 
 
 Naming price as an offer to sell. L.E.A. 
 1915F, 824; 3 B. R. C. 229. 
 
114 
 
 INDEX TO NOTES. 
 
 CONTRACTS, II. e— cont'd. 
 
 Time and place of consummation of contract 
 when offer by letter is accepted by tele- 
 gram, or vice versa. L.E,.A.1916A, 
 1302. 
 
 Right to accept offer after submitting coun- 
 ter proposition. L.R.A.1915D, 145. , 
 
 Admissibility of parol evidence to vary a 
 ■written option contract in favor of or 
 against a stranger to the contract. 
 L.R.A.1916A, 600, 611. 
 
 § 23. — Bights conferred Ijy "refusal" 
 or "option." 
 
 As to options, generally, see Options. 
 Option for sale of real estate, see Vendoe 
 
 AND PUBCHASEE, § 4. 
 
 Time for exercising option reserved in con- 
 tract of sale to return or resell prop- 
 erty. 50 L.R.A.(N.S.) 594. 
 
 f. Ca/pacity to make, 
 
 § 24. Generally. 
 
 Contracts of intoxicated persons, see 
 Drunkenness, §§ 3, 4. 
 
 Contract by married woman, see Husband 
 AND Wife, III. b. 
 
 Contracts by infants, see Infants, III. b. 
 
 Contracts by incompetent persons, general- 
 ly, see Incompetent Pebsons, IV. 
 
 Of infants, see Infants, §§ 16-23. 
 
 Capacity of parties to marriage, see Mae- 
 BIAGE, III. 
 
 Ability to contract as affecting testamentary 
 capacity. L.R.A.1915A, 457. 
 
 Capacity of convict to contract. 52 L.R.A. 
 (N.S.) 320. 
 
 g. Formal requisites ; statute of frauds. 
 
 1. In general. 
 
 § 25. Generally. 
 
 Conflict of laws as to, see Conflict op 
 Laws, § 42. 
 
 Parol evidence to vary or contradict con- 
 tract, see Evidence, VII. 
 
 Specific performance of oral contract, see 
 Specifio Peefoemance, II. b. 
 
 Parol trusts, see Teusts, § 11. 
 
 Necessity of pleading statute of frauds. 
 
 49 L.R.A.(N.S.) 1. 
 Oral subiaissions to arbitration and awards. 
 
 47 L.R.A.(N.S.) 346. 
 Statute of frauds as defense to action to 
 
 recover subscription for charity. 48 
 
 L.R.A.(N.S.) 813. 
 Agreement void under statute of frauds as 
 
 consideration for agreement extending 
 
 time of payment. 52 L.R.A. (N.S.) 
 
 341. 
 Consideration for oral secondary contracts 
 
 abrogating or altering prior contract. 
 
 L.R.A.11915B, 37, 
 
 Begin with this TtooJc on every law question. 
 
 CONTRACTS, II. g, 1— cont'd. 
 
 Right of creditors to avoid debtor's con- 
 tracts or conveyances upon the groimd 
 of the statute of frauds. L.R.A.1916D, 
 1213. 
 
 Necessity that waiver or tolling of statute 
 of limitations or nonclaim by personal 
 representative as to indebtedness of the 
 estate should be in writing. L.R.A. 
 1915B, 1046. 
 
 Contract in consideration of naming child. 
 51 L.R.A.(N.S.) 1108. 
 
 3. Contracts relating to personalty. 
 
 § 34. Generally. 
 
 Sufficiency of writing as to, see infra, §§ 
 
 50-54. 
 Parol trusts in personalty, see Tbusts, § 11. 
 
 § 35. Contracts of sale. 
 
 Part performance of contract, see infra, 
 
 § 55. 
 Transfer of corporate stock, see Cobpoea- 
 . TIONS, § 88. 
 
 Who may enforce contract for sale of goods 
 where only one party signed contract. 
 43 L.R.A.(N'.S.) 410. 
 
 Contract for the sale of corporate stock as 
 one for the sale of "goods," etc., with- 
 in statute of frauds. 51 L.R.A. (N.S.) 
 398. 
 
 § 35a. Contracts for nrorb and labor. 
 
 Contract for manufacture as affected by 
 statute of frauds. 43 L.R.A. (N.S.) 
 97. 
 
 § 36. Distinction betvreen sales and 
 contracts for vrork and labor. 
 
 Distinction between sales of personalty and 
 agreements for work and labor. 43 
 L.R.A.(N.S.) 97. 
 Special orders. 43 L.R.A. (N.S.) 97. 
 
 3. Contracts to answer for debt or de- 
 fault of another. 
 
 § 37. Generally. 
 
 Statute of frauds as affecting right to as- 
 sume debts on dissolution of partner- 
 ship. 48 L.R.A.(N.S.) 548. 
 Agreement of shareholder to become re- 
 sponsible for amount of company's 
 debt, as a "promise to answer for the 
 debt of another." 3 B. R. C. 611. 
 Language used by owner or other person 
 interested in construction of build-^ 
 ing, importing a promise to pay a' 
 subcontractor, materialman, or em- 
 ployee of contractor, as a promise 
 to answer for the debt or default 
 of another. 5 B. R. C. 96. 
 Promises to pay for work thereafter to 
 be performed or materials subse- 
 quently to be furnished. 5 B. R. C. 
 98. 
 "I will see you paid." 5 B. R. C. 99. 
 Promise to pay out of money in 
 promisor's hands. 5 B. R. C. 103. 
 
INDEX TO NOTES. 
 
 115 
 
 OWraRAOTS, n. g, Z— cont'd. 
 
 Promise to pay if contractor does not. 
 5 B. R. C. 105. 
 
 Miscellaneous. 5 B. E. C. 106. 
 
 Promises relating to indebtedness of 
 contractor then existing. 5 B. R. 
 C. 109. 
 
 Promise to pay if promisee will con- 
 tinue performance. 5 B. R. C. 110. 
 
 Promise to pay if promisee will refrain 
 from filing lien. 5 B. R. C. 113. 
 
 Promise to pay out of money in prom- 
 isor's hands belonging to debtor. 
 5 B. R. C. 114. 
 
 4. Contrtwts not to be performed within 
 a year. 
 
 § 38. Generally. 
 
 Contracts for permanent employment. 50 
 
 L.R.A.(N.S.) 454. 
 Promise of marriage as within statutes of 
 frauds as to contracts not to be per- 
 formed within a year. L.R.A.1915D, 
 1190. 
 Contract to support for life as within stat- 
 ute of frauds, as to contracts not to be 
 performed within a year or the lifetime 
 of promisor. L.R.A.1915E, 563. 
 Validity of parol lease for a year to com- 
 mence in future. 49 L.R. A. ( N.S. ) 
 820. 
 Cases holding parol lease for one year 
 to commence in futuro not within 
 statute. 49 L.R.A.(N.S.) 821. 
 Cases holding parol lease for one year 
 to commence in futuro within stat- 
 ute. 49 L.R.A.(N.S.) 823. 
 
 § 39. Contracts for services -nrliich 
 may, but are not intended to, be 
 performed iirithin a year. 
 
 Contracts for permanent employment. 50 
 L.R. A. (N.S.) 454. 
 
 Effect of part performance. L.R.A.1916D, 
 884. 
 
 Right to quantum meruit for services ren- 
 dered under parol contract unenforce- 
 able because not to be performed with- 
 in a year. L.R.A.1916D, 895. 
 
 5. Contracts as to realty. 
 
 § 40. Generally. 
 
 Contracts as to, not to be performed within 
 
 a year, see supra, §§ 38, 39. 
 Sufficiency of writing as to, see infra, §§ 
 
 51-54. 
 Part performance of contract as to, see 
 
 infra, §§ 55-59. 
 Specific performance of verbal contract, see 
 
 Specific Pbepoemance, II. b, 2. 
 Parol trusts, see Tettsts, § 11. 
 
 Effect of fact that agreement is oral on 
 question of undue influence in convey- 
 ance or transfer of property in consid- 
 eration of support of the grantor or a 
 third person. 52 L.E.A.(N.S.) 481. 
 
 Actions or suits in which equitable estoppel 
 involving title or interest in real prop- 
 erty is available. 49 L.R.A.(N.S.) 775. 
 Consult also L.R.A. Digests to date. 
 
 CONTRACTS, II. g, ^—cont'd. 
 
 Necessity of pleading the statute of frauds 
 in action on land contract. 49 L.R.A. 
 (N.S.) 33. 
 
 Estoppel against assertion of title or in- 
 terest in real property by concealing 
 the same or representing it to be in 
 another as affected by the statute of 
 frauds. 48 L.R.A. (N.S.) 775. 
 
 Oral building restrictions as to parcels re- 
 tained by grantor. 45 L.R.A. (N.S.) 
 963. 
 
 Right of vendee to recover back payments 
 made upon a contract for the purchase 
 of land which does not satisfy the 
 statute of frauds. L.R.A.1916D, 468. 
 
 Liability of purchaser who takes possession 
 under parol contract of sale in action 
 for rents or for use and occupation 
 where vendor refuses to perform. 
 L.R.A.1915B, 405. 
 
 § 41. Fartnersbip. 
 
 Validity of parol partnership to deal in 
 land. L.R.A.1915A, 521. 
 
 § 42. Leases. 
 
 Effect of part performance, see infra, § 58. 
 
 Parol lease for a year to commence in 
 futuro. 49 L.R.A.(N.S.) 820. 
 
 § 43. Sale of timber. 
 
 Effect of oral contract to cut standing 
 timber to pass title to the same. 47 
 L.R.A.(N.S.) 877. 
 
 § 46. Broker's contract witb princi- 
 pal. 
 
 Necessity of securing written contract from 
 purchaser to entitle real estate broker 
 to commission. 46 L.R.A.(N.S.) 129. 
 
 § 47. Broher's contract ivitb pur- 
 chaser. 
 
 Written authorization of broker or agent 
 to buy or sell land as a memorandum 
 of contract of sale sufBcient to satisfy 
 the statute of frauds. L.R.A.1915C, 
 400. 
 
 S. Sufficiency oj writing. 
 
 § 51. Sufficiency of description. 
 
 Description of property by ownership or 
 acreage without other particular de- 
 scription. L.R.A.1916C, 1127. 
 
 May contract which purports to describe 
 premises by number of acres be satis- 
 fied by a conveyance of that number of 
 acres out of a larger tract which other- 
 wise answers the description. L.R.A. 
 1916C, 1100. 
 
 § 52. Sufficiency of memorandum. 
 
 Deed delivered in escrow as satisfying stat- 
 ute of frauds. 43 L.R.A. (N.S.) 390. 
 
 Written authorization of broker or agent to 
 buy or sell land as a memorandum of 
 contract of sale suflSoient to satisfy the 
 statute of frauds. L.R.A.1915C, 400. 
 
116 
 
 INDEX TO NOTES. 
 
 CONTRACTS, II. g, 6— cont'd. 
 S 53. Signing, 
 
 Necessity that witnesses see testator sign 
 or that he see their signature. L.E.A. 
 1915B, 87. 
 
 § 54. — who must sign. 
 
 Who must sign note or memorandum of 
 executory contract for the sale of 
 real property or chattels within 
 the statute of frauds. 43 L.R.A. 
 (N.S.) 410. 
 Necessity of actual assent by party 
 who does not sign. 43 L.R.A. 
 (N.S.) 411. 
 Vendor who did not sign against vendee 
 who did. 43 L.R.A. (N.S.) 
 411. 
 Contracts as to real property. 43 
 
 L.R.A.(N.S.) 411. 
 
 Contracts as to personal property. 
 
 43 L.R.A.fN.S.) 412. 
 
 Vendee who did not sign against vendor 
 
 who did. 43 L.R.A.(N.S.) 412. 
 
 Contracts as to real property. 43 
 
 L.R.A. (N.S.) 412. 
 Contracts for sale of goods. 43 
 L.R.A.(N.S.) 413. 
 Vendor who did sign against vendee 
 who did not. 43 L.R.A. (N.S.) 
 413. 
 Contracts for sale of real propertv. 
 
 43 L.R.A,(N.S.) 413. 
 Contracts for sale of goods. 43 
 L.R.A.(N.S.) 414. 
 Vendee who did sign against vendor 
 who did not. 43 L.R.A. (N.S.) 414. 
 Contracts for exchange of lands. 43 
 L.R.A.(N.S.) 414. 
 
 7. Effect of part performance. 
 
 § 55. Generally. 
 
 On right to specific performance, see Spe- 
 cific Pebpobmance, § 13. 
 
 Part performance of contract in consider- 
 ation of naming child. 51 L.R.A. 
 (N.S.) 1108. 
 Action for purchase price on oral contract 
 of sale of land where deed has been 
 delivered. 51 L.R.A. (N.S.) 77. 
 Part performance to take contracts to ren- 
 der services not to be performed 
 within a year out of the statute of 
 frauds. L.R.A.1916D, 884. 
 Part performance on one or both sides, 
 L.R.A.1916D, 844. 
 In actions to recover for services 
 rendered. L.R.A.1916D, 844. 
 In actions for breach of the con- 
 tract. L.R.A.1916D, 886. 
 In equity. L.R.A.1916D, 888 
 Sufficiency of acts to constitute 
 part performance. L.R.A. 
 1916D, 889. 
 Complete performance of services. 
 L.R.A.1916D, 890. 
 In actions to recover for services 
 
 rendered. L.R.A.1916D, 890. 
 In actions for breach of the eon- 
 tract. L.R.A.1916D, 891. 
 In equity. L.R.A.1916D, 892, 
 
 Begin with this iooTt- on every law question. 
 
 CONTRACTS, II. g, 7— cont'd. 
 § 56. Of sale of personalty. 
 
 § 56a. — acceptance as taking out of 
 statute. 
 
 Receipt and acceptance to satisfy the stat- 
 ute of frauds when goods are in pos- 
 session of purchaser at time of agree- 
 ment. L.E.A.1916r, 393. 
 
 § 58. Leases of land. 
 
 Part performance under parol lease to sat- 
 isfy the statute of frauds. 49- 
 L.R.A.(N.S.) 113. 
 In general. 49 L.R.A. (N.S.) 113. 
 Application of doctrine of part per- 
 formance. 49 L.R.A.(N.S.) 
 113. 
 Remedies available. 49 L.R.A. 
 (N.S.) 116. 
 Specific performance. 49 
 
 L.R.A.(N.S.) 116. 
 Injunction. 49 L.R.A. (N.S.) 
 116. 
 General elementary requisites. 49' 
 L.R.A.(N.S.) 116. 
 Certainty of contract. 49 L.R.A. 
 
 (N.S.) 116. 
 Necessity that acts be referable to 
 contract. 49 L.R.A. (N.S.) 
 117. 
 Acts of part performance. 49 L.R.A. 
 (N.S.) 117. 
 Possession. 49 L.R.A. (N.S.) 117. 
 Continued possession. 49 
 L.R.A.(N.S.) 118. 
 Payment. 49 L.R.A. (N.S.) 119. 
 Possession and payments. 49 
 
 L.R.A.(N.S.) 119. 
 Possession and improvements. 49^ 
 
 L.R.A.(N.S.) 120. 
 Possession, payment, and im- 
 provements. 49 L.R.A. (N.S.) 
 121. 
 Miscellaneous. 49 L.R.A. (N.S.) 
 121. 
 
 § 59. Taking possession of land. 
 
 Effect of, on right to specific performance,, 
 see Specific Pebfobmance, § 13. 
 
 III. Consttntction. 
 a. In general. 
 
 § 61, Generally, 
 
 Construction of arbitration agreement, see- 
 Aebitbation. 
 
 Automobile distribution contract, see Auto- 
 mobiles, § 11. 
 
 Contract for water supply, see Watebs, 
 § 111. 
 
 Provision for penalty or liquidated damages 
 in case of delay, see Damages, §§ 38-40. 
 
 Typewritten matter as written or as printed' 
 matter. L.R.A. 1915D, 1084. 
 
 Matter in letterhead, billhead, or on margin> 
 of paper on which contract is written 
 as part of contract or as notice affect- 
 ing the rights of the parties. L.R.A. 
 1916D, 1072. 
 
INDEX TO NOTES. 
 
 117 
 
 CONTRACTS, III. a.—confd. 
 Fixing the extent of liability of the sev- 
 eral obligors to an agreement as 
 making it joint, joint and several, 
 or several.' L.R.A.1915B, 221. 
 General rules of construction. L.R.A. 
 
 1915B, 222. 
 Application to specific contracts. 
 L.R.A.1915B, 222. 
 Limitation of contracts otherwise 
 joint. L.R.A.1915B, 228. 
 Pro raja, etc., limitations. L.R.A. 
 1915B, 229. 
 Doctrine that such limitations af- 
 fect only obligors. L.R.A. 
 1935B, 231. 
 
 ft. Entirety. 
 
 § 62. Generally. 
 
 Severability of insurance, see Insukance, §§ 
 61, 62. 
 
 c. Time. 
 
 § 63. Generally. 
 
 Time of performance, see infra, § 132. 
 Time in contractual matters generally, see 
 Time, § 3. 
 
 Duration of contract of hiring which speci- 
 fies no term but fixes compensation at 
 a. certain amount per day, week, month, 
 or year. 51 L.R.A. (N.S.) 629. 
 
 Time for delivery of goods sold as of the 
 essence of the contract. L.R.A. 19] 6E, 
 940. 
 
 Provisions relating to time in irrigation 
 contracts. L.R.A.1916F, 259. 
 
 d. Particular words, plirases, and 
 cases. 
 
 § 64. Generally. 
 
 As to penalties or liquidated damages, see 
 Damages, §§ 38-40. 
 
 Construction of irrigation contracts with 
 consumers. L.R.A.1916F, 257. 
 
 Services covered by towage agreement. 
 L.R.A.1915B, 1086. 
 
 Express agreements for lateral support. 48 
 L.R.A.(N.S.) 474. 
 
 What conditions or defects are covered by 
 provisions in paving contract requiring 
 contractor to keep pavement in repair. 
 49 L.R.A. (N.S.) 922. 
 
 § 65. Building contracts. 
 
 Provisions for penalty or liquidated dam- 
 ages in case of delay, see Damages, §§ 
 38-40. 
 
 Fixing the extent of liability of the several 
 obligors to a building contract as mak- 
 ing it joint and several or several. 
 L.R.A.1915B, 225. 
 
 § 65a. — stipulation that alterations 
 or extras must be ordered in irrit- 
 ing. 
 
 In public contract, see infra, § 162. 
 Consult also L.R.A. IHgests to date. 
 
 CONTRACTS, III. d.— cont'd. 
 Effect of stipulation that alterations or 
 extras must be ordered in writing. 
 48 L.R.A.(N.S.) 564. 
 What constitutes a written order. 48 
 
 L.R.A.(N.S.) 567. 
 When provision applies. 48 L.R.A. 
 (N.S.) 567. 
 Alteration. 48 L.R.A. (N.S.) 568. 
 Extras. 48 L.R.A. (N.S.) 568. 
 Conflict' between specifications and 
 contract. 48 L.R.A. (N.S.) 
 570. 
 General principles. 48 L.R.A. (N.S.) 
 570. 
 Validity. 48 L.R.A.(N.S.) 570. 
 Theories of avoidance. 48 L.R.A. 
 (N.S.) 572. 
 Independent contract. 48 
 
 L.R.A.(]S.S.) 573. 
 Alteration, rescission and aban- 
 donment. 48 L.R.A. 
 (N.S.) 574. 
 Waiver. 48 L.R.A. (N.S.) 575. 
 What constitutes. 48 
 
 L.R.A.(N.S.) 576. 
 Waiver in one instance as 
 waiver in another. 48 
 L.R.A.(N.S.) 580. 
 Waiver by one other than 
 owner. 48 L.R.A. 
 (N.S.) 580. 
 Evidence necessary to avoid. 48 
 L.R.A.(N.S.) 583. 
 Rights and liabilities of parties. 48 
 L.R.A._(N.S.) 584. 
 Merely doing work. 48 L.R.A. 
 (N.S.) 584. 
 Effect of owner's knowledge, 
 or absence thereof. 48 
 L.R.A. (N.S.) 585. 
 Changes in plans. 48 L.R.A. 
 
 (N.S.) 585. 
 Acceptance by owner. 48 
 L.tl.A.(N.S.) 586. 
 Work ordered done. 48 L.R.A. 
 (N.S.) 586. 
 By owner. 48 L.R.A. (N.S.) 
 586. 
 After notice that con- 
 tractor would expect 
 additional pay. 48 
 L.R.A.(N.S.) 589. 
 Where owner has taken 
 possession of work. 
 48 L.R.A.(N.S.) 589. 
 By one other than owner. 48 
 L.R.A.(N.S.) 589. 
 Power to bind owner. 
 48 L.R.A.(N.S.) 589. 
 What acts bind. 48 L.R.A. 
 (N.S.) 592. 
 Work done under contract or 
 promise to pay therefor. 
 48 L.R.A.(N.S.) 593. 
 Contract with or promise by 
 owner. 48 L.R.A. (N.S.) 
 593. 
 Contract with or promise by 
 one other than owner. 
 48 L.R.A. (N.S.) 594. 
 
118 
 
 IXDEX TO NOTES. 
 
 CONXEACTS, III. d.—confd. 
 
 Power to bind. 48 L.R.A. 
 
 (N.S.) 594. 
 What acts bind. 48 
 L.R.A.(N.S.) 595. 
 
 IT. Essential validity and effect. 
 
 a. In general; public policy. 
 
 § 70. Generally. 
 
 Validity as affected by consideration gen- 
 erally, see supra, I. c. 
 
 Mutuality as affecting validity, see supra, 
 § 18. 
 
 Certainty and definiteness as affecting valid- 
 ity, see supra, § 20. 
 
 Capacity to make valid contract, see supra, 
 I. f. 
 
 Formal requisites affecting validity, see 
 supra, 1. g. 
 
 Validity as affected by statute of frauds, 
 see supra, I. g. 
 
 Of public contracts, see infra, VIII. 
 
 Validity of provisions against assignment,' 
 see Assignment, § 10. 
 
 Validity of assignment for creditors, see 
 Assignment fob Ceeditoes, V. 
 
 Stipulation for attorneys' fees, see Attor- 
 neys' Fees, § 2. 
 
 Automobile distribution contract, see Auto- 
 mobiles, § 11. 
 
 Validity of commercial paper, see Bills and 
 Notes, I. b. 
 
 Validity of bond, see Bonds. 
 
 Champertous contracts, see Champerty and 
 Maintenance. 
 
 Conflict of laws as to, see Conflict of 
 Laws, I., b. 
 
 Of corporations, see Corporations, V. b. 
 
 Contract obtained by duress, see Duress, § 
 3. 
 
 Validity of agreement as to rate of interest, 
 see Interest, § 19; Usury. 
 
 As to illegal monopoli^ or trusts, see Mo- 
 nopoly AND Combinations. 
 
 Validity of mortgage, see Mortgage, II. d. 
 
 Municipal contracts, see Municipal Corpo- 
 rations, V. d. 
 
 Validity of conveyance suspending power 
 of alienation, see Perpetuities. 
 
 Contracts made on Sunday, see Sunday, § 4. 
 
 Usurious contract, see Usury. 
 
 Estoppel by, see Estoppel, § 11. 
 
 Agreements to arbitrate in illegal con- 
 tracts. 47 L.R.A.(N.S.) 346. 
 
 Validity of provision in contract against 
 interest. L.E.A.1916A, 555. 
 
 Validity of provision in contract for in- 
 creased rate of interest upon default. 
 L.R.A.1916E, 726. 
 
 Validity of contract in relation to real 
 property which discriminates against 
 persons because of race, color or re- 
 ligion. I,.R.A.1916B, 1208. 
 
 Effect of contract as to standing timber to 
 pass title to the same. 47 L.E.A.(N.S.) 
 870. 
 
 Effect of express agreements or covenants 
 for lateral support. 48 L.R^.(N.S.) 
 474. 
 
 Begin with this took on every law question. 
 
 CONTRACTS, IV. a.— cont'd. 
 
 Implied power to incorporate in contract 
 for public work or in contractor's bond 
 the requirement that the contractor 
 shall pay laborers and materialmen. 
 46 L.R.A.(N.S.) 325. 
 
 What misrepresentations as to the contents 
 of an instrument will render it void in 
 law. 4 B. E. C. 663. 
 
 § 71. Contract made on holiday. 
 
 Contracts made on Sunday, see Sunday, § 4. 
 
 § 74. By unlicensed person. 
 
 Failure of money lender to procure license 
 as affecting validity of his contract. 
 L.R.A.1915B, 851. 
 
 § 75. Contracts in violation of stat- 
 ute. 
 
 Contracts by unlicensed person, see supra, 
 
 § 74. 
 
 Conducting business in violation of law as 
 affecting contract for its sale. 45 
 L.R.A.(N.S.) 810. 
 
 Validity of contract for the sale of fertilizer 
 where statutory regulations had not 
 been complied with. 43 L.R.A.(N.S.) 
 1109. 
 
 Contracts requiring servant to elect between 
 acceptance of benefits out of a relief 
 fund and » prosecution of his claims in 
 an action for damages. 48 L.R.A. 
 (N.S.) 443, 451. 
 
 Liability of municipality or other public 
 corporation for benefits received under 
 contract violative of statutory restric- 
 tions. 46 L.R.A.(N.S.) 92L 
 
 Effect of discrimination among insurants 
 upon the contract of insurance and its 
 incidents. 49 L.R.A. (N.S.) 147. 
 
 Validity of contracts made by individual 
 or partnership under an assumed name 
 in violation of statute. L.E.A.1915D, 
 988. 
 
 § 77. Public policy generally. 
 
 Estoppel of public corporation to deny valid- 
 ity of contract in violation of public 
 policy. L.R.A.1915A, 1002. 
 
 Right to open default judgment to let in 
 defense that contract was against pub- 
 lic policy. L.R.A.1916F, 860. 
 
 Validity of agreement to surrender right to 
 purchase property at private sale. 44 
 L.R.A.(N.S.) 1115. 
 
 Validity of private agreement with certain 
 property owners to obtain their con- 
 sent to local improvement. 50 L.E.A. 
 (N.S.) 396. 
 
 § 79. Contracts of employment. 
 
 Contracts by servant relieving master from 
 liability for injury, see IIasier and 
 Servant, §§ 52, 53. 
 
 Constitutional objections to convict labor 
 contracts. L.R.A.1916D, 660. 
 
 Contracts for permanent employment. 50 
 L.R.A.(N.S.) 454. 
 
 Agreements between employer and trade ' 
 union. 45 L.R.A. (N.S.) 184. 
 
INDEX TO NOTES. 
 
 119 
 
 CXDNTRACTS, IV. a.— cont'd. 
 
 Validity of contract to employ union labor 
 only. 45 L.R.A.(N.S.) 564. 
 
 Validity of contract fixing minimum wage 
 for person employed upon public work. 
 51 L.R.A.(N.S.) 686. 
 
 Validity under the Federal employers' lia- 
 bility act of contract requiring notice 
 in writing. L.II.A.1915F, 551. 
 
 Binding effect ,of contract for services of 
 pastor. 52 L.R.A.(N.S.) 172. 
 
 § 80. — with attorney. 
 
 As to compensation, see Attoenexs, § 20; 
 Champebtt and Maintenance. 
 
 Right of attorney to compensation from 
 private employer for assisting in prose- 
 cution in criminal case. L.K.A.1916D, 
 462. 
 
 § 81. —with physician; for medical 
 services. 
 
 Duty and liability of one other than a 
 physician or surgeon who contracts to 
 provide medical or surgical attention 
 for another. L.R.A.1915D, 884. 
 
 § 82. Affecting marriage relation. 
 
 Living in illicit relations, see infra, § 120. 
 Agreements as to divorce and separation, 
 
 see DrvoECE and Separation, § 58. 
 Validity of marriage, see Maebiage, II. 
 
 Validity of marriage brokage contracts. 
 
 3 B. R. C. 643. 
 Contracts in restraint of marriage. 49 
 L.R.A.(N.S.) 633; 4 B. R. C. 64. 
 Second marriages. 49 L.R.A. (N.S.) 
 
 633. 
 What contracts are regarded as in re- 
 straint of marriage. 49 
 L.R.A.(N.S.) 633. 
 Marriage-benefit insurance. 49 
 L.R.A.(N.S.) 635. 
 What contracts are not regarded as in 
 restraint of marriage. 49 
 L.R.A.(N.S.) 635. 
 Temporary and reasonable re- 
 straint. 49 L.R.A. (N.S.) 636. 
 Restraint for a limited period. 49 
 
 L.E.A.(N.S.) 637. 
 Effect of performance. 49 L.R.A. 
 (N.S.) 637. 
 
 § 85. As to patents. 
 
 Validity of contract for material patented 
 or held in monopoly where a letting to 
 the lowest bidder is required. 46 
 L.R.A.(N.S.) 990. 
 
 S 86. As to wills. 
 
 l^^alidity of agreement to defeat probate of 
 will. 43 L.R.A.(N.S.) 575. 
 
 g 90. As to statute of limitations. 
 
 [iimitation of time to sue on policy, see IN- 
 subance, §§ 207, 208. 
 
 Dffect of promise to pay on running of limi- 
 tations, see Limitation of Actions, 
 IV. d. 
 f1ons^tIt also Z.R.A. Digests to date. 
 
 CONTRACTS, IV. a.— cont'd. 
 
 Waiver or tolling of statute of limitations 
 or nonclaim by personal representative 
 as to an indebtedness of the estate. 
 L.R.A.1915B, 1016. 
 
 § 91. Threat of prosecution; to com- 
 pound felony. 
 
 Contracts procured by threats of prosecu- 
 tion of a relative. L.R.A. 1915D, 
 1118. 
 As opposed to public policy, as com- 
 pounding a felony. L.R.A. 1915D, 
 1118. 
 Voidable on the ground of duress. 
 L.R.A.1915D, 1120. 
 Validity and enforceability of contract to 
 compensate the owner of property 
 stolen or embezzled, in absence of duress 
 or agreement, express or implied, to 
 stifle prosecution. L.R.A.1915E, 139. 
 
 § 92. Immoral consideration general- 
 ly. 
 
 Right to invoke aid of court, see infra, 
 § 120. 
 
 § 93. With, or as to, corporations or 
 associations. 
 
 Effect of statutes forbidding corporate offi- 
 cers, directors, or stockholders to be in- 
 terested directly or indirectly in deal- 
 ings with the corporation. L.R.A. 
 1916A, 783. 
 
 Validity of contract to employ union labor 
 only. 45 L.R.A.(N.S.) 564. 
 
 Public policy as related to communistic life 
 or tenure of property. 52 L.R.A. ( N.S. ) 
 459. 
 
 § 94. — as to corporate stock. 
 
 As to voting trusts, see Cobpoeations, § 
 
 124. 
 
 Validity of contract or option by director 
 for purchase of stoclt of employee of 
 corporation upon discontinuance of 
 employment. L.R.A.1916D, 1117. 
 
 § 95. — w^ith railroad company. 
 
 As to contracts limiting carrier's liabilitv, 
 see Caeeiebs, §§ 28, 91, 128, 133. 
 
 Contract exempting railroad company from 
 liability for burning building upon its 
 right of way. 44 L.R.A.(N.S.) 1127. 
 
 Validity of contract with railroad company 
 to establish and maintain a station. 
 L.R.A.1916F, 691. 
 
 § 97. Contracts against liability. 
 
 Validity of carrier's limitation of liability, 
 see Caeeiebs, §§ 28, 91, 128, 133. 
 
 Validity of agreement by servant relieving 
 master from liability for injuries, see 
 Mastee and Servant, §§ 52, 53. 
 
 Contract limiting liability of telegraph 
 company, see Telegraphs, § 20. 
 
 Contract exempting railroad company from 
 liability for burning building upon 
 its right of way. 44 L.R.A. (N.S.) 
 1127. 
 Force of state t^ecisions on Federal 
 courts. 44 L.R.A.(N.S.) 1129. 
 
120 
 
 INDEX TO NOTES. 
 
 CONTRACTS, IV. a.—confd. 
 
 Effect of peremptory statutes on the 
 
 contract. 44 L.R.A.(N.S.) 1129. 
 Effect of contract on third parties. 44 
 L.E.A.(N.S.) 1130. 
 Assignee of lessor. 44 L.R.A. 
 
 (N.S.) 1131. 
 Assignees or subtenants, etc., of 
 lessee. 44 L.R.A. (N.S.) 1131. 
 Illustrations of construction. 44 L.R.A. 
 
 (N.S.) 1131. 
 Miscellaneous. 44 L.R.A. (N.S.) 1133. 
 
 § 97a. Agreements tending to influ- 
 ence elections or appointment to 
 oface. I 
 
 Agreements tending to influence elections. 
 51 L.R.A.(N.S.) 549. 
 
 Agreements tending to influence appoint- 
 ments to office. 51 L.R.A.(N.S.) 554. 
 
 § 98. Affecting official action. 
 
 Validity of an agreement by which com- 
 pensation is dependent on success in 
 procuring a contract with public officer 
 or board. L.R.A.1915C, 823. 
 
 Contract as to location of public buildings. 
 L.R.A.1916D, 727. 
 
 Validity of contract to 'procure pardon, 
 parole, or commutation of sentence. 
 L.RA.1916D, 580. 
 
 § 99. Contracts mritli public officers. 
 
 Contracts affecting appointment or election 
 to office, see supra, § 97a. 
 
 Validity of contract by public officer to 
 
 furnish police protection. 45 L.R.A. 
 
 (N.S.) 38. 
 Liability of public officers on contracts made 
 
 by them for the public. 43 L.R.A. 
 
 (N.S.) 565. 
 
 § 99a. — as to compensation. 
 
 Validity of agreement to divide fees or 
 salary of public officer. 43 L.R.A. 
 
 (N.S!) 422. 
 
 § 100a. — contract in ttrhich officer is 
 personally interested. 
 
 Liability of municipality or other public 
 corporation on contract invalid because 
 execvited with officer of municipality. 
 46 L.R.A.(N.S.) 921. 
 
 Eilect of indirect interest of public officer 
 ' in performance of contract for construc- 
 tion of public improvement. 50 L.R.A. 
 (N.S.) 1140. 
 
 § 100b. —for period extending be- 
 yond term of office. 
 
 Power of board to appoint officer or to make 
 a contract for term extending beyond 
 its own term. L.R.A.1915E, 581. 
 
 to place of 
 
 § 103a. Contracts 
 action. 
 
 Validity of provision in contract as to place 
 where action may be brought. L.R.A. 
 1916D, 696. 
 Begin uifli this hoolc on every law question 
 
 CONTRACTS, IV.— cont'd. 
 
 h. Fraud; unfair advantage, 
 
 § 104. Generally. 
 
 Fraud as ground for rescission, see infra, 
 
 § 153. 
 As to what constitutes fraud, see Eeaud and 
 
 Deceit, II. 
 Conveyances in fraud of creditors, see 
 
 Fkaudtjlent Conveyances. 
 Rescission of sale of personalty for fraud, 
 
 see Sale, § 67. 
 
 c. Gambling and wagering contracts. 
 
 § 105. Generally. 
 
 As to betting, see Betting. 
 
 Conflict of laws as to, see Conelict of 
 
 Laws, § 4. 
 Criminal liability for gamihg, see Gaming, 
 
 II. 
 Validity of wagering policy, see Insukakce, 
 
 IV. 
 
 d. In restraint of trade. 
 
 § 107. Generally. 
 
 Enforcement of, or relief from, see infra, 
 
 § 117. 
 As to illegal monopolies and trusts, see 
 
 MONOPOLT AND COMBINATIONS. 
 
 Validity of provision in lease the purpose 
 of which is to assure lessee an exclusive 
 right to conduct a certain business on 
 premises owned by lessor. L.R.A. 
 1915C, 855. 
 
 § 108. Partial restraint. 
 
 Validity of agreement in restraint of trade, 
 
 ancillary to the sale of a business 
 
 or profession, as affected by its 
 
 territorial scope. L.R.A.1916C, 
 
 626. 
 As affected by public interest. L.R.A. 
 
 1916C, 626. 
 Where consideration inadequate. L.R.A. 
 
 1916C, 627. 
 Balancing of injury to covenantor and 
 
 benefit to covenantee. L.R.A. 
 
 1916C, 627. 
 Divisibility of contract. L.R.A.1916C, 
 
 627. 
 Relief against a third person. L.R.A. 
 
 1916C, 627. 
 Effect of default of covenantee. L.R.A. 
 
 1916C, 628. 
 Where restraint is general. L.R.A. 
 
 1916C, 628. 
 Partial restraint. L.R.A.1916C, 628. 
 Illustrative cases. L.R.A.1916C, 629. 
 
 Physicians. L.R.A.1916C, 629. 
 
 Dentists. L.R.A.1916C, 630. 
 
 Mercantile business. L.R.A.1916C, 
 630. 
 
 Saloon business. L.R.A.1916C, 630. 
 
 Meat business. L.R.A.1916C, 630. 
 
 Grocery business. L.R.A.1916C, 
 630. 
 
 Wholesale grocerv business. L.R.A. 
 1916C, 630. " 
 
I 
 
 INDEX TO NOTES. 
 
 121 
 
 CONTRACTS, IV. d— cont'd. 
 
 Bakery business. L.R.A.1916C, 
 
 630. 
 Lumber business. L.R.A.1916C, 
 
 630. 
 Coal and lumber business. L.R.A. 
 
 19160, 630. 
 Livery stable. L.R.A.1916C, 630. 
 Livery and undertaking. L.R.A. 
 
 1916C, 630. 
 Blacksmith business. L.R.A.1916C, 
 
 630. 
 Laundry business. L.R.R.1916C, 
 
 631. 
 Retail furniture and carpet busi- 
 ness. L.R.A.1916C, 631. 
 Grain elevator and retail wagon 
 
 and buggy business. L.R.A. 
 
 191 6C, 631. 
 Clothing and tailoring. L.R.A. 
 
 1916C, 631> 
 Jobbing business. L.R.A. 1916C, 
 
 631. 
 Dealing in automobiles and acces- 
 sories. L.R.A.1916C, 631. 
 Insurance agency. L.R.A. 1916C, 
 
 631. 
 Manufacturing business. L.R.A. 
 
 1916C, 631. 
 Publishing business. L.R.A.1916C, 
 
 632. 
 Stage carrying business, etc. L.R.A. 
 
 19160, 632. 
 Miscellaneous. L.R.A.1916C, 632. 
 
 § 109. Agreements by employee. 
 
 Contracts for permanent employment and 
 similar agreements. 50 L.R.A. (N.S.) 
 453. 
 
 e. Ratification. 
 
 g 110. Generally. 
 
 Ratification of public contract, see infra, 
 
 § 163. 
 By corporation, see Coepoeations, § 34. 
 Ratification of agent's contract, see Pkinci- 
 
 PAL AND Agent, IV. d. 
 
 Of contract made with intoxicated person. 
 L.R.A.1915B, 1123. 
 
 § 111. Of married woman's contract. 
 
 Husband's liability by reason of ratification 
 for wife's purchases on his credit, of 
 articles for personal use. 47 L.R.A. 
 
 (N.S.) 282. 
 
 /. Relief from, or enforcement of. 
 
 g 112. Generally. 
 
 Actions on contracts generally, see infra, 
 VII. 
 
 Recovery on contract for sale of fertilizer 
 where statutory regulations had not 
 been complied with. 43 L.R.A. (N.S.) 
 1109. 
 
 Maxim that one must come into equity with 
 clean hands as afi'ecting one who has 
 violated or induced another to violate 
 an invalid contract. L.R.A.1915A, 
 820. 
 Consult also L.R.A. Digests to date. 
 
 CONTRACTS, IV. f— cont'd. 
 
 Right to quantum meruit for services ren- 
 dered under parol contract unenforce- 
 able because not to be performed with- 
 in year. L.R.A.1916D, 895. 
 
 Parol evidence to show that instrument was 
 intended to operate as a mortgage or 
 pledge where party to written instru- 
 ment importing an absolute conveyance 
 seeks relief on ground of fraud, acci- 
 dent or mistake. L.R.A.1916B, 31. 
 
 g 117. Contracts in restraint of 
 trade. 
 
 Remedy by injunction to restrain the viola- 
 tion of an agreement not to practice 
 medicine or surgery within a certain 
 territory. L.R.A.1915B, 206. 
 
 g 119. Fraud. 
 
 Parol evidence to show that instrument was 
 intended to operate as a mortgage or 
 pledge where party to written instru- 
 ment importing an absolute conveyance 
 seeks relief on the ground of fraud. 
 L.R.A.1916B, 31. 
 
 g 120. Parties living in illicit rela- 
 tions. 
 
 Right to recover what has been paid or 
 transferred in consideration of illicit 
 relations. 47 L.R.A. (N.S.) 592. 
 
 V. Performance ; breach. 
 
 a. In general, 
 
 1. Generally. 
 
 § 121. Generally. 
 
 Of automobile distribution contract, see 
 
 ArTOMOBILES, § 11. 
 Of broker's contract, see Beokees, § 12. 
 Of contract of transportation, see Cabbiees, 
 
 III. i. 
 
 Performance of contract for permanent em- 
 ployment. 50 L.R.A. (N.S.) 453. 
 
 § 122. Recovery for extra work. 
 
 On building contract, see infra, § 134. 
 
 2. Excuse for failure to perform,. 
 
 g 123. Generally. 
 
 Of building or construction contract, see 
 infra, § 135. 
 
 g 124. Impossibility of performance. 
 
 Effect of inability to perform on right to 
 specific performance, see Specific Per- 
 
 FOEMANCE, § 120. 
 
 Intervening impossibility of performance of 
 
 contract as a defense. L.R.A. 
 
 1916F, 10. 
 General principles. L.R.A.1916F, 15. 
 
 Distinction between obligations 
 created by contract and those 
 imposed by law; carriers' con- 
 tracts. L.R.A.1916F, 15. 
 
 Origin and general view of the so- 
 called rule and the exceptions. 
 L.R.A.1916F, 20. 
 
122 
 
 INDEX TO NOTES. 
 
 CONTRACTS, V. a, 2— confd. 
 
 Act of God or vis major, general- 
 ly. L.E.A.1916F, 26. 
 Particular rules and applications. 
 L.R.A.1916F, 31. 
 Mere difficulty, unprofitableness, or 
 impossibility of perform- 
 ance by promisor. L.R.A. 
 1916F, 31. 
 Illustrations. L.E.A.1916F, 36. 
 Existence of specific tMng or con- 
 dition at time for per- 
 formance, as within the 
 contemplation of the par- 
 ties. L.R.A.1916F, 52. 
 Illustrations. L.R.A.1916F, 55. 
 Prevention by public authorities or 
 
 law. L.R.A.1916F, 66. 
 Prevention by judicial process. 
 
 L.R.A.1916F, 75. 
 Death or physical disability. 
 
 L.R.A.1916F, 79. 
 Alternative promises. L.R.A. 
 1916F, 81. 
 
 § 124a. — passage of statute. 
 
 EflFect of passage before expiration of time 
 for performance of contract, of statute 
 rendering performance impossible. 
 L.R.A.1916F, 66. 
 
 Rights and remedies where agreement by 
 carriers to issue passes is Impossible of 
 performance because of subsequent leg- 
 islation. 49 L.R.A.{N.S.) 848. 
 
 § 125. — sickness or death. 
 
 Effect on contract of death of a party there- 
 to. 45 L.R.A.(N.S.) 349. 
 
 Death or physical disability as excuse for 
 nonperformance of contract. L.R.A. 
 1916F, 79. 
 
 § 126. Frevention or hindrance by 
 other party. 
 
 Failure of buyer to furnish receptacles as 
 provided in contract. L.R.A.1916D, 
 
 730. 
 
 Incomplete performance 
 of performance. 
 
 sufficiency 
 
 § 127. Generally. 
 
 Of building or construction contract, see 
 infra, § 137. 
 
 Effect of partial performance on relief of 
 grantor in conveyance in consideration 
 of agreement to support, which is 
 broken by grantee. 43 L.R.A. ( N.S. ) 928. 
 
 Death of grantee. 43 L.R.A. (N.S.) 928. 
 
 § 129. Recovery on part perform- 
 ance; quantum meruit. 
 
 Recovery on illegal contract, see supra, 
 
 IV. f. 
 On building or construction contract, see 
 
 infra, § 137. 
 
 Right to quantum meruit for services ren- 
 dered under parol contract unenforce- 
 able because not to be performed with- 
 in a year. L.R.A.1916D, 895. 
 Begin with this hooli on every law question 
 
 CONTRACTS, V. &— cont'd. 
 i. Breach, 
 
 § 131. Generally. 
 
 Excuse for nonperformance, see supra, V. 
 
 a, 2. 
 Of agreements to arbitrate, see Abbitra- 
 
 TION, § 3a. 
 Of automobile distribution contract, see 
 
 AUTOMBILES, § 11. 
 Breach of marriage promise, see Beeach or 
 
 Promise. 
 Of contract to make loan, see Loan, § 5. 
 Breach of contract to support, see Support, 
 
 § 4- 
 Liability for inducing breach, see Case, § 3. 
 As to measure of damages, see Damages, 
 
 III. b. 
 Penalty or liquidated damages in case of 
 
 breach, see Damages, §§ 3S, 39. 
 Injunction against breach, see Injunction, 
 
 IL b. 
 Negligence breach, see Negligence, § 5. 
 
 Maxim that one must come into equity witl.i 
 clean hands as affecting one who has 
 violated an invalid or unenforceable 
 contract. L.R.A.1915A, 820. 
 
 Jurisdiction of action at law for damages 
 for breach of contract as to real prop- 
 erty in another state or country. 44 
 L.R.A.(.N.S.) 267. 
 
 Breach of contract to assume debts on dis- 
 solution of partnership. 48 L.R.A. 
 (N.S.) 547. 
 
 § 131a. Of contract not to engage in 
 rival business. 
 
 Lending money to competitor of covenantee 
 as breach of covenant not to engage in 
 ■ business. L.R.A.1915B, 1204. 
 
 5. Time of performance. 
 
 § 132. Generally. 
 
 Construction of contract as to, see supra, 
 
 § 63. 
 Provision for penalty or liquidated damages 
 
 in case of delay, see Damages, §§ 38- 
 
 40. 
 
 Admissibility of extrinsic evidence as to 
 time for delivery of goods where none 
 is specified in written contract. L.R.A. 
 1916B, 1039. 
 
 Effect of day for payment falling on Sun- 
 day. 3 "B. R. C. 078. 
 
 Effect of waiver without new consideration 
 of time clause in a building contract. 
 50 L.R.A.(N.S.) 501. 
 
 6. Building and construction contracts. 
 
 § 133. Generally. 
 
 Effect of waiver without new consideration 
 of time clause in a building contract. 
 50 L.R.A. (N.S.) 501. 
 Effect of defective or insufficient plans upon 
 rights and liabilities of contrac- 
 tors and subcontractors who do not 
 expressly warrant them. L.R.A. 
 1915C, 671. 
 
INDEX TO NOTES. 
 
 123 
 
 CONTRACTS, V. \t— cont'd. 
 
 Where a contract is fully executed. 
 L.R.A.1915C, 671. 
 
 Eight of contractor or subcontrac- 
 tor to contract price as affected 
 by defects' resulting from in- 
 sufBcient or defective plans. 
 L.E.A.1915C, 671. 
 
 Right of contractor or subcontrac- 
 tor to recover for extra work 
 or materials necessitated by 
 insuflScient or defective plans. 
 L.R.A.1915C, 675. 
 
 Eight of owner against contractor 
 or subcontractor for defects 
 caused by insufScient or de- 
 fective plans. L.R.A.1915C, 
 676. 
 
 Liability of contractor or subcon- 
 tractor for damages for delay 
 caused by insufficient or de- 
 fective plans. L.R.A.1915G, 
 677. 
 Where contract is not fully executed 
 because of defective plans. 
 L.R.A.1915C, 677. 
 
 Right of contractor or subcon- 
 tractor to recover contract 
 price. L.R.A.1915C, 677. 
 
 Right of contractor or subcontrac- 
 tor to recover the value of 
 work done. L.R.A.1915C, 677. 
 
 Right of owner against contractor 
 or subcontractor for failvire to 
 complete. L.R.A.1915C, 678. 
 
 § 134. Recovery for extra worlc. 
 
 Construction of provision as to, see supra, 
 § 6.5a. 
 
 Recovery for extra work necessitated by in- 
 sufficient or defective plans. L.R.A. 
 1915C, 675. 
 
 § 135, Destruction of work and its 
 effect. 
 
 Who must bear loss for destruction or de- 
 terioration of property before contract 
 has been completely performed by trans- 
 fer of legal title. 43 L.R.A. (N.S.) 383. 
 
 § 137. Recovery on part perform- 
 ance; quantum meruit. 
 
 Right to quantum meruit for services ren- 
 dered under parol contract unenforce- 
 able because not to be performed with- 
 in a year. L.R.A.1916D, 895. 
 
 Where contract is not fully executed be- 
 cause of defective plans. L.R.A. 1915C, 
 677. 
 
 § 139. Acceptance; -waiver of objec- 
 tions. 
 
 Liability of contractor to third person for 
 
 defects in his work after acceptance. 
 
 L.R.A.1915E, 766. 
 Waiver of stipulation that alterations or 
 
 extras must be ordered in writing. 48 
 
 L.R.A. (N.S.) 575, 586. 
 Effect of waiver without new consideration 
 
 of time clause in a building contract. 
 
 50 L.R.A. (N.S.) 501. 
 Consult also L.iS.A. Digests to date. 
 
 CONTRACT'S, V. \>— cont'd. 
 § 140. Conditions; certificate of per- 
 formance. 
 
 Liability of architect or engineer for negli- 
 gence in issuing certificates. 4 B. R. C. 
 859. 
 
 TI. Change; extinguishment, 
 a. In general. 
 
 § 143. Generally. 
 
 Consideration for new agreements abro- 
 gating or altering prior contracts, see 
 supra, § 7a. 
 
 Effect of death of party, see Death, § 17. 
 
 Reformation of, see Retoemation of In- 
 struments. 
 
 § 144; Modification. 
 
 Consideration for new agreements altering 
 prior contract, see supra, § 7a. 
 
 Of contract containing stipulation that al- 
 terations or extras must be ordered in 
 writing, see supra, § 65a. 
 
 § 145. Abandonment. 
 
 Of contract containing stipulation that al- 
 terations or extras must be ordered in 
 writing, see supra, § 65a. 
 Applicability of provision for stipulated 
 damages or penalty for delay in com- 
 pletion of a contract where the entire 
 contract is abandoned or repudiated. 
 L.R.A.1916E, 1179. 
 Recovery by one who abandons a contract 
 for work or labor or services with- 
 out excuse or justification. L.R.A. 
 1916E, 790. 
 Recovery on contract. L.R.A.1916E, 
 '791. 
 Entire contracts. L.R.A.1916E, 
 
 793. 
 Divisible contracts. L.R.A.1916E, 
 798. 
 Recovery on common counts. L.R.A. 
 1916E, 800. 
 General rule. L.R.A.1916E, 800. 
 Contracts generally. L.R.A. 
 
 1916E, 800. 
 Building contracts. L.R.A. 
 
 1916E, 805. 
 Contracts for drilling wells. 
 L.R.A.1916E, 809. 
 Rule in Britton v. Turner. L.R.A. 
 
 1916E, 810. 
 Rule limiting recovery to divisible 
 contracts. L.R.A. 1916E, 815. 
 
 § 146. Termination; survival. 
 
 Termination of contract of employment, see 
 Masteb and Servant, II. i. 
 
 Effect on contract of death of a partv there- 
 to. 45 L.R.A. (N.S.) 349. 
 
 Effect of workmen's compensation act to 
 terminate contracts relieving emplovers 
 from liability. L.R.A.1916A, 128. 
 
124 
 
 INDEX TO KOTES. 
 
 CONTRACTS, YI.—oonfd. 
 
 T). Rescission; cancelation. 
 
 g 149. Generally. 
 
 Of contract containing stipulation that al- 
 terations or extras must be ordered in 
 writing, see supra, § 65a. 
 
 Of agreement to arbitrate, see Akbiteation, 
 §3. 
 
 Of deed, see Deeds, §§ 33, 33a. 
 
 Of insurance policy, see Insurance, §§ 49- 
 52. 
 
 Of contract of sale of chattels, see Sale, 
 XI. e. 
 
 Of contract of sale of real property, see 
 
 VENDOE and PtTECHASER, II. 6. 
 
 Jurisdiction of equity to cancel contract, 
 
 see Equity, §§ 15, 15a. 
 Cancelation of instruments generally, see 
 
 Cancelation op Instruments. 
 Rescission of contract of employment, see 
 
 Master and Servant, § 38. 
 
 § 151. Grounds for. 
 
 Cancelation of a deed for inadequacy 
 consideration. L.R.A.1916D, 382. 
 
 of 
 
 § 153. —fraud. 
 
 Rescission of deed, see Deeds, § 33a. 
 
 Jurisdiction of equity to cancel, see Equity, 
 § 15a. 
 
 As to fraud generally, see Fraud and De- 
 ceit. 
 
 Transfers in fraud of creditors, see Fraudu- 
 lent Conveyances. 
 
 Rescission of sale for fraud, see Sale, § 67. 
 
 Right to avoid contract because of mistake 
 as to identity of other party, induced 
 by fraud. L.R.A.1916D, 801. 
 
 § 154. — mistake. 
 
 Right to avoid, because of iflistake as to 
 identitv of other party thereto. L.R.A. 
 
 igieD.'soi. 
 
 Right to rescind for mutual mistake as 
 affected by circumstance that contract 
 has become executed. 5 B. R. C. 805. 
 
 Assignment or surrender of policy of life 
 insurance, in ignorance of the death of 
 the insured, as subject to rescission as 
 having been made under a mistake of 
 fact. 5 B. R. C. 797. 
 
 § 155. Conditions; promptness; re- 
 storing benefits. 
 
 To rescission of insurance policy, see In- 
 surance, § 51. 
 
 Til. Actions; liabilities. 
 
 § 157. Generally. 
 
 Action for relief from, or to enforce, il- 
 legal contract, see supra, IV. f. 
 
 Liability for breach, see supra, § 131. 
 
 Recovery on quantum meruit, see supra, 
 §§ 129, 137. 
 
 Defenses to action, see Action oe Suit, § 
 13. 
 
 Assumpsit on, see Assumpsit. 
 
 CONTRACTS, Vll.— cont'd. 
 
 Right of action for damages for inducing 
 breach of contract, see Case, §§ 3, 4. 
 
 Jurisdiction to cancel, see Equity, §§ 15, 
 15a. 
 
 Running of limitations on, see Limitation 
 OF Actions, II. b; III. b. 
 
 Liability of public officer on contract made 
 for public, see Officer, § 39. 
 
 Right of third person to enforce, see Par- 
 ties, II. b, 2. 
 
 Liability of principal on contract negotiated 
 by agent, see/ Principal and Agent, IV. 
 
 Liability of agent on contract, see Princi- 
 pal and Agent, § 41. 
 
 Counterclaim based on contract, see Set- 
 off and Counterclaim. 
 
 Specific performance of contract, see Spe- 
 cific Performance. 
 
 Question for jury as to contractual mat- 
 ters, see Trial, § 51. 
 
 Liability of receiver on contracts of former 
 receiver. L.R.A.1916C, 520. 
 
 Right' to open default judgment to let in 
 defense that contract was against pub- 
 lic policy. L.R.A.1916F, 860. 
 
 What misrepresentations as to the contents 
 of an instrument will render it void in 
 law. 4 B. R. C. 663. 
 
 Till. Puhlio contracts. 
 
 g 158. Generally. 
 
 Validity and effect of contract with, public 
 officer, see supra, §§ 99-lOOa. 
 
 Right of subcontractors, laborers, and ma- 
 terialmen on bond of contractor for 
 public work, see Bonds, §§ 9, 10. 
 
 Impairment of obligation of public contract, 
 see Constitutional Law. 
 
 Estoppel tof public corporation by contract, 
 see Estoppel, § 2a. 
 
 Municipal contracts generally. Munici- 
 pal COBPORATIONS, V. d. 
 
 Liability of officer on contract made by 
 public, see Officers, § 39. 
 
 Right of citizen to enforce contract made 
 for benefit of public, see Parties, § 13. 
 
 Contracts for public improvements, see Pub- 
 lic Improvements, § 9. 
 
 Contracts for municipal water supply, see 
 Waters, § 111. 
 
 Liability of municipality or other public 
 corporation on implied contract. 46 
 L.R.A.(N.S.) 921. 
 
 Adoption of resolution by public corpora- 
 tion as initiating or consummating a 
 contract. 49 L.R.A.(N.S.) 380. 
 
 Rights and remedies where contracts of a 
 public corporation are invalid. L.R.A. 
 1915A, 904. 
 
 Suits compelling or enjoining the carrying 
 out of contracts, as actions against the 
 state. 44 L.R.A. (N.S.) 202. 
 
 Validity of contract fixing minimum wajje 
 for person employed on public work. 51 
 L.R.A. (N.S.) 686. 
 
 Prohibiting or restricting employment of 
 aliens on public work. L.R.A. in]CD, 
 569. 
 
 Begin with this boolc on every law question. 
 
 MM ii ^ -M 
 
INDEX TO NOTES. 
 
 125 
 
 CONTRACTS, VIII.— cont'd. 
 § 159. Letting generally. 
 
 Accepting bid with Itnowledge of raistalce 
 aa to subject-matter. 43 L.E.A. (N.S.) 
 S54. 
 
 § 160. Rights and remedies of lowest 
 bidders. 
 
 Validity of contract for material patented 
 or held in monopoly where a letting to 
 the lowest bidder is required. 46 L.R.A. 
 (N.S.) 990. 
 
 § 160a. AVithdrawal of bid. 
 
 Right to withdraw bid for public contract 
 and recover deposit. L.R.A. 191 5 A, 225. 
 
 § 162. Stipulation tbat alterations or 
 extras mnst be ordered in \rriting. 
 
 Effect of stipulation in building contract 
 that alterations or extras must be 
 ordered in writing. 48 L.R.A. 
 (N.S.) 595. 
 
 When provision applies. 48 L.R.A. 
 (N.S.) 595. 
 
 Mere doing of extra work. 48 L.R.A. 
 (N.S.) 59fi. 
 
 Acceptance of work. 48 L.R.A. (N.S.) 
 590. 
 
 Work ordered by governmental repre- 
 sentative. 48 L.R.A. (N.S.) 597. 
 
 Work ordered bv engineer or architect. 
 48 L.R.A. (N.S.) 598. 
 
 § 163. Ratification. 
 
 Ratification of invalid contract. 
 1915A, 1023. 
 
 L.R.A. 
 
 CONTRACTS NOT TO BE PER- 
 FORMED VriTHIN A TEAR. 
 
 See Contracts, II. g, 4. 
 
 CONTRIBUTION. 
 
 § 1. Generally. 
 
 Indemnity, see Indemnity. 
 Between insurance companies, see Insur- 
 ance, § 199. 
 Subrogation, see Stjbkogation. 
 
 Eight of client to recover from third person 
 for services rendered by attorney which 
 benefit both. L.R.A.1915B, 856. 
 
 Eight of one who gives his personal obliga- 
 tion for a debt on which he was jointly 
 liable with other to enforce indemnity 
 or contribution from latter. L.R.A. 
 1915A, 898. 
 
 § 2. Between nrrongdoers. 
 
 Eight of municipality to recover indemnity 
 or contribution from one for whose tort 
 it has been held liable- L.R.A.1916F, 
 86. 
 Consult also L.R.A. Digests to date. 
 
 CONTRIBUTION— coni'd. 
 § 5. Betw^een cotenants. 
 
 Right of successor to share of cotenant to 
 latter's claim to allowance for im- 
 provements to common property. 45 
 L.R.A. (N.S.) 738. 
 Repudiating cotenancy as affecting coten- 
 ant's right to contribution. L.R.A. 
 1915B, 961. 
 Improvements. L.R.A.1915B, 961. 
 
 Alloting to improver the part con- 
 taining his improvements. 
 L.R.A.1915B, 962. 
 Compensation for improvements. 
 L.R.A.1915B, 962. 
 Improver supposing he owns 
 exclusively. L.R.A.1915B, 
 962. 
 Improvements by disseisor. 
 
 L.E.A.1915B, 966. 
 New York cases. L.R.A. 
 
 1915B, 967. 
 The question of notice. L.R.A. 
 1915B, 969. 
 Taxes. L.R.A.1915B, 971. 
 Repairs, expenses, and services. L.R.A. 
 
 1915B, 972. 
 Encumbrances, etc. L.E.A.1915B, 973. 
 Cases arising under statutes. L.R.A. 
 
 1915B, 974. 
 Limitations. L.R.A.1915B, 975. 
 Miscellaneous. L.R.A. 1915B, 975. 
 
 § 6. Between cosureties. 
 
 Judgment in favor of one or more sureties 
 and against others in action by obligee 
 as res judicata between sureties. 51 
 L.E.A.(N.S.) 797. 
 
 Right of surety who gives his personal obli- 
 gation for a debt to enforce contribu- 
 tion from cosurety. L.R.A.1915A, 890. 
 
 Riglit of reimbursement or contribution as 
 between sureties of official for different 
 terms. L.R.A.1915D, 481. 
 
 CONTRIBUTORY NEGLIGENCE. 
 
 See Negligence, II. 
 
 ♦ ♦» 
 
 CONVERSION. 
 
 Tortious, see Tboveb and Conversion. 
 
 ♦ « » 
 
 CONVEYANCE. 
 
 See also Deeds; Featjdulbnt Conveyances. 
 For support, see Stjppoet. 
 
 CONVICTION. 
 
 Proof of conviction to impeach credibility 
 of witnesses, see Witnesses, § 42. 
 
126 
 
 INDEX TO NOTES. 
 
 CONVICTS. 
 
 § 1. Generally. 
 
 Civil death of, see Civii. Death. 
 
 As to punishment for crime, generally, see 
 
 Ceiminal Law, VI. 
 Pardon of, see Ceiminal Law, VI. b. 
 Escape of, see Escape. 
 Competency of, as witness, see Witnesses, 
 
 §10. 
 
 Admissibility of declarations of convict as 
 affected by incompetency as a witness. 
 L.E.A.1915E, 205. 
 
 Unknown disqualification of juror because 
 of conviction of crime as ground for 
 new trial. 50 L.E.A. ( N.S. ) 976. 
 
 Liability of public for services of physicians 
 or surgeons rendered prisoners. 50 
 L.R.A.(N.S.) 1223. 
 
 Right to a speedy trial of one under con- 
 finement for another offense. L.R.A. 
 1915E, 363. 
 
 § Z. Convict labor. 
 
 Constitutional qbjections to convict labor 
 contracts. L.R.A.1916D, 660. 
 
 » » » 
 
 CO-OWNERS. 
 
 Liability of co-owners 
 L.R.A.1916E, 1301. 
 
 of automobile. 
 
 COPYHOtD LANDS. 
 
 Owner's right to compensation for improve- 
 ments made by railroad company enter- 
 ing with consent of tenant but without 
 owner's consent. L.R.A.1916F, 991. 
 
 COPYRIGHT. 
 
 g 1. Generally. 
 
 Suits against officers relating to patents, as 
 suits against the state. 44 L.E.A. 
 (N.S.) 217. 
 
 Is owner of original production, or owner 
 of composition represented thereby, the 
 proprietor within the meaning of the 
 copyright law. 3 B. R. 0. 672. 
 
 § 2. Coiumon-lan- rights of authors 
 and others in intellectual prodnc- 
 tious. 
 
 What constitutes publication. 43 L.R.A. 
 
 (N.S.) 641. 
 Copyright as superseding common-law 
 
 rights. 43 L.R.A.(N.S.) 642. 
 Miscellaneous. 43 L.R.A. (N.S.) 643. 
 
 CORNER. 
 
 CORNER I.OT. 
 
 Assessment of, for public improvement. 50 
 L.R.A.(N.S.) 922. 
 
 CORONERS. 
 
 § 1. Generally. 
 
 Liability of, for acts at inquest. 44 L.R.A. 
 (N.S.) 177. 
 
 § 3. Admissibility of finding or evi- 
 dence at inquest. 
 
 Admissibility of findings of, to show cause 
 of death. 45 L.R.A. (N.S.) 404. 
 
 CORPORATION COMMISSIONS. 
 
 Action against, as action against the state. 
 44 L.R.A.(N.S.) 198. 
 
 CORPORATIONS. 
 
 Corner as violation of anti-trust or moil' 
 opoly act. 44 L.R.A. (N.S.) 325. 
 Begin with this book on every law question. 
 
 I. In general, §§ 1, 2. 
 II. Natttre; creation; existence; fran. 
 chises; governmental control, 
 §§ 3-13. 
 III. Consolidation; merger: reorgani- 
 zation, §§ 13—17. 
 IV. Charters; by-laws, §§ 18-22. 
 T. Rights, powers, duties, and lia- 
 bility; contracts, §§ 23—39. 
 
 a. Rights and powers generally, 
 
 §§ 23-27. 
 
 b. Contracts, generally; ultra 
 
 vires, §§ 28—34. 
 
 c. Liability of corporation, §§ 
 
 35— CO. 
 TI. Officers and agents, §§ 40-61. 
 a. In general, §§ 40—42. 
 h. Rights and powers of, §^ 
 43-48. 
 1. In general, §§ 43-46. 
 
 c. Compensation, § 49. 
 
 d. Fiduciary relation, §§ 50, 
 
 51. 
 
 e. Duties and personal liabili- 
 
 ties of, §§ 52-59. 
 
 1. In general, §§ 52—56. 
 
 2. Directors, §§ 57-59. 
 
 f. Meetings; elections, § 60. 
 VII. Promoters and incorporators, §§ 
 
 62-65. 
 Till- Capital; stoclc and stocKliolders, 
 §§ 66-126. 
 a. In general, §§ 66—76. 
 Subscriptions, §§ 77— S la. 
 Transfer; sale, §§ 82—95. 
 Rights of shareholders, §§ 
 
 96-102. 
 Liabilities of shareholders, 
 §§ 103-131. 
 In general, §§ 103—108. 
 Effect of transfer, §§ 
 112, 113. 
 4. Proceedings to enforce, 
 §§ 114-121. 
 Stockholders' meetings; vot- 
 ing, §§ 122-136. 
 
 ft. 
 c. 
 
 a. 
 
 1. 
 
 3. 
 
INDEX TO NOTES. 
 
 127 
 
 CORPORATIONS— confd. 
 
 IX. Dissolution; winding up; forfei- 
 ture, §§ 127-133. . 
 X. Insolvency; rights and preferen- 
 ces of creditors, §§ 134:— 137. 
 XI. Foreign corporations, §§ 13S— 
 151. 
 a. In general, §§ 138—14:4:. 
 ft. Doing business within state, 
 
 §§ 145-148. 
 c. Actions fti/ or against, §§ 
 149-151. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Banks, see Banks. 
 
 Building and loan associations, see BtJiLD- 
 ING AND Loan Associations. 
 
 Railroad companies, see Cabbiers; Rail- 
 roads. 
 
 Clubs, see CLtms. 
 
 Insurance companies, see Insurance, II. 
 
 Municipal corporations, see Municipal Cor- 
 porations. 
 
 Public service corporations, see Public 
 Service Corporations. 
 
 Bonds of, see Bonds, III. 
 
 Compelling production of books and papers 
 of, see DiscovBBr and Inspection. 
 
 Equity jurisdiction over, see Equity, § 19. 
 
 Mandamus against corporation, see Manda- 
 mus, II. c. 
 
 As parties defendant, see Parties, § 28. 
 
 Receivers of, see Receivers. 
 
 Quo warranto to, see Quo Warranto, § 4. 
 
 Removal of suits against corporations, see 
 Removal of Causes, § 8. 
 
 Taxation of, see Taxes, II. e, 3. 
 
 Service of process on, see Writ and Proc- 
 ess, II. c. 
 
 Status of corporation as alien enemy. 5 B. 
 R. C. 333. 
 
 Right of agent to transfer his authority or 
 contract to a corporation organized by 
 him. L.R.A.1916F, 89. 
 
 Mistake in name or description of corpora- 
 tion as affecting judgment by default 
 against it. L.R.A.1916F, 728. 
 
 Coiporation as peddler or hawker within 
 statutory or municipal regulations. 
 L.R.A.1916B, 1206. 
 
 Suit against corporation of which state is 
 a member, as suit against the state. 
 44 L.R.A.(N.S.) 226. 
 
 Action against state officer to reach prop- 
 erty deposited by corporation as se- 
 curity, as action against the state. 44 
 L.R.A.{N.S.) 201. 
 
 Seizure of property of individual under 
 judgment purporting to be against a 
 corporation upon theory that there was 
 no such corporation. 45 L.R.A. (N.S.) 
 189. 
 
 Parol evidence to establish identity of cor- 
 poration named as legatee or devisee in 
 will. 47 L.R.A.(N.S.) 523, 528. 
 
 § 2. Decisions of tribunals of. 
 
 See Courts, § 11. 
 
 Consult also L.R.A. Digests to date. 
 
 CORPORATIONE— coni'd. 
 
 //. Nature; creation; existence; fran- 
 chises; governmental control. 
 
 § 5. Creation. 
 
 Effect of illegality of organization on sub- 
 scriptions, see infra, § 78a. 
 
 § 7. Franchise. 
 
 Railroad franchise, see Railroads, § 3. 
 
 Suit to restrain revocation of corporation's 
 license, as suit against the state. 44 
 L.R.A.(N.S.) 219. 
 
 Lack of or invalidity of franchise as a de- 
 fense to an action by a public service 
 corporation for service rentals. 52 
 L.R.A.(N.S.) 713. 
 
 § 8. De facto corporations. 
 
 Right of de facto corporation to exercise 
 power of eminent domain. 50 L.R.A. 
 (N.S.) 236. 
 
 §11. Domicil; residence. 
 
 Corporation as "resident" within public im- 
 provement statutes. 43 L.R.A. (N.S.) 
 272. 
 
 § 12. Governmental control and regu- 
 lation. 
 
 Dissolution of corporation by government, 
 see infra, IX. 
 
 Of foreign corporation, see infra, XI. 
 
 Governmental control of carriers, see Car- 
 riers, V. 
 
 Regulation of rates of public service corpo- 
 ration, see Rates, § 2. 
 
 Power and duty of public authorities to 
 control the issuance of securities by 
 public service corporations. 47 L.R.A. 
 (N.S.) 1167. 
 
 III. Consolidation; merger; reorganisa- 
 tion. 
 
 § 13. Generally. 
 
 Monopolistic combinations, see Monopoly 
 and Combinations. 
 
 Liability for incorporation tax upon exten- 
 sion, consolidation, or merger, see 
 Taxes, § 34. 
 
 Loss of privilege of exemption from regula- 
 tion of rates of public service corpora- 
 tion by consolidation. L.R.A. 1915C, 
 279. 
 
 § 15. Effect of; debts of old corpora- 
 tions. 
 
 Effect of consolidation, merger, or absorp- 
 tion of corporation on its un- 
 secured liabilities, in the absence 
 of statutory or contract provision 
 relative thereto. 47 L.R.A. (N.S.) 
 1058. 
 Liability of corporation into which an- 
 other is merged. 47 L.R.A. (N.S.) 
 1058. 
 Liability of successor corporation for 
 claims against predecessor. 47 
 L.R.A.(N.S.) 1058. 
 
128 
 
 INDEX TO NOTES. 
 
 CORPORATIONS, XIJ— cont'd. 
 
 Liability of corporation purchasing 
 assets and business of another. 47 
 L.R.A.(N.S.) 1059. 
 
 Lien of holders of bonds of one of two or 
 more consolidating corporations on 
 property of corporation which issued 
 the bonds where the new corporation 
 had agreed to protect them. 47 L.R.A. 
 (N.S.) 190. 
 
 IV. Charters; 'by-laws. 
 
 § 18. Charter. 
 
 Forfeiture of, see infra, IX. 
 
 Riglit to question power of corporation to 
 take by will property in excess of its 
 charter authority. 44 L.R.A. (N.S.) 
 544. 
 
 § 19. — amendment or repeal. 
 
 Regulation of rates of public service corpo- 
 ration fixed by franchise or charter as 
 exercise of reserved power to alter 
 charter. L.R.A.1915C, 277. 
 
 § 20. By-laws. 
 
 Of benevolent society, see Benevolent So- 
 cieties, § 4. 
 Of insurance company, see Insukance, V. d. 
 
 Y. Rights, powers, duties, and liabil- 
 ity; contracts. 
 
 a. Bights and powers generally. 
 
 § 23. Generally. 
 
 Of de facto corporation, see supra, § 8. 
 
 Of consolidated corporation, see supra, § 15. 
 
 Insurance on life of officer for benefit of 
 corporation. L.R.A.1915F, 979. 
 
 g 24. I'oiver to deal in its ovra stock. 
 
 Right of corporation to purchase its own 
 shares of stock. 44 L.R.A. (N.S.) 
 156; L.R.A.1916F, 286. 
 Agreement at time of sale to re- 
 purchase. 44 L.R.A.(N.S.) 156. 
 Effect of statutes. 44 L.R.A. (N.S.) 
 158. 
 
 § 25. Foiver to deal in stock of other 
 corporations. 
 
 Power of national bank to acquire and hold 
 stock of other corporations. L.R.A. 
 1916A, 584. 
 
 § 26. Property rights; charitable 
 gifts to. 
 
 Eight of de facto corporation to exercise 
 power of eminent domain. 50 L.R.A. 
 (N.S.) 236. 
 
 § 26a. — who may contest power of 
 corporation to take or hold prop- 
 erty. 
 
 Right of private persons to contest the' 
 power of a corporation to take or 
 hold property. 46 L.R.A. (N.S.) 
 72. 
 
 Begin ivith this hooTe on every law question 
 
 CORPORATIONS, V. a.— cont'd. 
 
 In general. 46 L.R.A.(N.S.) 72. 
 > Where corporation has power to 
 
 hold for some purposes. 46 
 L.R.A.(N.S.) 75. 
 Power to hold to a certain extent. 
 
 46 L.R.A.(N.S.) 77. 
 Power to hold a certain time. 46 
 
 L.R.A.(N.S.) 77. 
 No power to hold. 46 L.R.A. (N.S.) 
 78. 
 Who is seeking to question. 46 L.R.A. 
 
 (N.S.) 79. 
 Persons sustaining contract relation. 
 46 L.R.A.(N.S.) 79. 
 Persons sustaining no contract re- 
 lation. 46 L.R.A.(N.S.) 80. 
 Form of action. 46 L.R.A.(N.S.) 81. 
 Corporation on defensive merely, 
 
 46 L.R.A.(N.S.) 81. 
 Corporation seeking affirmative re- 
 lief. 46 L.R.A.(N.S.) 82. 
 Suit for specific performance. 46 
 L.R.A.(N.S.) 84. 
 Right to question power of corporation to 
 take by will property in excess of its 
 charter authority. 44 L.R.A. (N.S.) 
 544. 
 
 b. Contracts, generally ; ultra vires. 
 
 §28. Generally. 
 
 Rights and powers of corporate officers as 
 
 to, see infra, §§ 44, 45. 
 Validity of contract, see Contracts, §§ 93- 
 
 95. 
 
 Power of corporation to contract to defray 
 medical expenses of their injured em- 
 ployees. L.R.A.1915C, /793. 
 
 Power of brewing corporation to purchase 
 or lease property to be used by re- 
 tailers of its products. 47 L.R.A. (N.S.) 
 898. 
 
 Liability of corporation on contracts of pro- 
 moters. 50 L.R.A.(N.S.) 979. 
 
 Secret dealings between vendor and one who 
 promoted the organization of a corpo- 
 rate purchaser as a ground for rescis- 
 sion of contract. L.R.A.1916C, 1000. 
 
 Effect of statutes forbidding corporate offi- 
 cers, directors, or stockholders to be 
 interested directly or indirectly in 
 dealings with the corporation. L.R.A. 
 1916A, 783. 
 
 § 30. As to negotiable paper. 
 
 Rights and powers of officers as to, see 
 infra, § 45. 
 
 Circumstances sufficient to put one taking 
 corporation paper on inquiry. 44 
 L.R.A.(N.S.) 404. 
 Purchase of corporate paper at discount as 
 
 usury. 43 L.R.A.(N.S.) 218. 
 Ownership of paper payable to directors or 
 officers of a corporation. 50 L.E.A. 
 (N.S.) 1115. 
 General principles. 50 L.R.A. (N.S.) 
 1116. 
 Intention of parties. 50 L'.R.A. 
 (N.S.) 1116. 
 
INDEX TO NOTES. 
 
 129 
 
 CORPORATIONS, V. h—oont'd. 
 
 Effect of adding descriptive words. 
 50 L.Il.A.(N.S.) 1117. 
 Form of designation. 50 L.R.A. (N.S.) 
 1117. 
 Payable to officer without designa- 
 tion. 50 L.R.A.(N.S.) in7. 
 Payable to officer with mere title 
 of his office added. 50 
 , L.R.A.(N.S.) 1118. 
 President. 50 L.R.A. (N.S.) 
 
 1118. 
 Treasurer. 50 L.R.A.(N.S.) 
 
 1118. 
 Cashier. 50 L.R.A. (N.S.) 
 1119. 
 Payable to officer with title of of- 
 fice added, followed by 
 name of company. 50 
 L.R.A.(N.S.) 1121. 
 President. 50 L.R.A. (N.S.) 
 
 1121. 
 Trustees. 50 L.R.A. (N.S.) 
 
 1122. 
 Superintendent. 50 L.R.A. 
 
 (N.S.) 1122. 
 Treasurer. 50 L.R.A. (N.S.) 
 
 1122. 
 Cashier. 50 L.R.A. (N.S.) 
 1123. 
 Payable to one as officer of a 
 named company. 50 L.R.A. 
 (N.S.) 1123. 
 Payable to officer of a certain com- 
 pany without naming any in- 
 dividual. 50 L.R.A. (N.S.) 
 1123. 
 
 § 34. Ratification. 
 
 Ratification of contracts of promoters. 50 
 
 L.R.A.(N.S.) 980. 
 Implied ratification of unauthorized loan 
 
 eflfected by agent. 52 L.R.A. (N.S.) 
 
 571. 
 
 c. Liability o/ corporation. 
 
 § 35. Generally. 
 
 Of consolidated corporation, see supra, § 15. 
 
 Liability on contracts, see supra, V. b. 
 
 Power of officers and agents to bind corpo- 
 ration, see infra, VI. b. 
 
 For unauthorized transfer of stock on 
 books, see infra, § 89. 
 
 Of carrier, see Caheiees. 
 
 Of railroad, see RaileoadS, VTI. a. 
 
 Of street railways, see Steebt Railways, 
 IV. 
 
 To employees, see Mastee and Seevant, III. 
 a. 
 
 Taxation of corporations, see Taxes, II. e, 3. 
 
 Discretion of court as to penalty to be 
 imposed upon a corporation for viola- 
 tion of law. L.R.A.1915A, 892. 
 
 1. In general. 
 
 § 36. For wliat liable. 
 
 May a corporation be convicted of homicide. 
 
 45 L.R.A.(N.S.) 344. 
 Liability of corporation for services ren- 
 dered before its organization, of which 
 
 it has had the benefit. 4 B. R. C. 757. Officers of bank, see Banks, § 8. 
 Consult also L.R.A. Digests to date. 
 
 43— '16F. 9 
 
 CORPORATIONS, V. <i— cont'd. 
 § 36a. —torts. 
 
 Liability for libel or slander, see Libel and 
 Slandeb. 
 
 Liability for tort committed by partner or 
 agent with the object of procuiing 
 business. 5 B. E. C. 88. 
 
 § 37. For whose acts liable. 
 
 § 38. — for acts of ofBcers or agents. 
 
 Liability for acts of special police officer 
 appointed by public authority. 43 
 L.R.A.(N.S.) 1164; L.R.A.1915C, 1183. 
 
 Liability for libel of officer or agent. L.R.A. 
 1915D, 867. 
 
 § 39. Criminal liability; contempt. 
 
 Criminal responsibility of corporation for 
 acts of servant or agent. 43 L.R.A. 
 (N.S.) 40. 
 
 Criminal responsibility of railroad company 
 for blocking street or highway cross- 
 ing. L.R.A.1915B, 329. 
 
 May corporation be convicted of homicide. 
 45 L.R.A.(N.S.) 344. 
 
 TI. Officers and agents, 
 a. In general. 
 
 § 40. Generally. 
 
 Liability of corporation for acts of officers 
 and agents, see supra, § 38. 
 
 Of banks, see Banks, IV. 
 
 Imputing to officer or employee knowledge 
 of corporation, see Notice, § 15. 
 
 Service of prqcess on, see Weit and Pboc- 
 Ess, § 26. 
 
 Competency as an attesting witness of offi- 
 cer of corporation named as executor 
 or trustee. L.R.A.1916D, 185. 
 
 Power of public to determine capacity or 
 suitableness of particular officer, agent 
 or employee of private corporation. 
 L.R.A.1915E^ 708. 
 
 Quo warranto or information in nature of 
 quo warranto to test title to office in 
 private corporation. 51 L.R.A. (N.S. ) 
 1126. 
 
 Insurance on life of officer of corporation 
 for benefit of the corporation. L.R.A. 
 1915F, 979. 
 
 Validity of contract or option by director 
 for purchase of stock of employee of 
 corporation upon discontinuance of 
 employment. L.R.A.1916D, 1117. 
 
 Inherent jurisdiction of equity independent- 
 ly of statute at the instance of stock- 
 holders to appoint a receiver or wind 
 up a corporation because of misman- 
 agement or fraud of its officers. L.R.A. 
 1915A, 606. 
 
 6. Bights and powers of. 
 
 § 43. Generally. 
 
130 
 
 INDEX TO NOTES. 
 
 COBPORATIONS, VI. b, 1— cont'd. 
 Insurance on life of officer for benefit of 
 
 corporation. L.R.A.1915F, 979. 
 Right of receiver to compel officers of corpo- 
 ration to deliver to recaiver property of 
 corporation claimed by them adversely. 
 47 L.R.A.{N.S.) 751. 
 Effect of statutes forbidding corporate offi- 
 cers or directors to be interested di- 
 rectly or indirectly in dealings vrith the 
 corporation. L.K.A.1916A, 783. 
 Right of directors to vote bonus to officers 
 as compensation for services. 
 L.E.A.1915D, 632. 
 Gratuitous back pay. L.R.A.1915D, 
 633. 
 Statements of the rule. L.R.A. 
 
 1915D, 635. 
 Compromise. L.R.A.1915D, 636. 
 De minimds. L.R.A.1915D, 637. 
 Estoppel. L.R.A.1915D, 637. 
 Miscellaneous. L.R.A.1915D, 637. 
 Salaries of officers varying with profits. 
 L.R.A.1915D, 638. 
 
 § 44. As to contracts. 
 
 Implied power of employee of corporation 
 to employ physician to attend injured 
 employee. L.R.A.1915C, 809. 
 
 § 45. — as to negotiable paper. 
 
 Liability on, see infra, § 55. 
 
 Ownership of paper payable to director or 
 officers of a corporation.* 50 L.R.A. 
 (N.S.) 1115. 
 
 Is officer or employee of corporation charge- 
 able with its knowledge of iniirinities 
 in commercial paper purchased from it. 
 L.R.A.1915D, 1099. 
 
 Check drawn by corporate officer payable to 
 his own order as imparting notice to 
 drawee bank of an intended misappro- 
 priation. L.R.A.1915B, 715. 
 
 c. Compensation. 
 
 § 49. Generally. 
 
 Treatment of salaries paid officers in esti- 
 mating the return of a public service 
 corporation for rate-making purposes. 
 52 L.R.A.(N.S.) 53, 69. 
 
 Right of directors to vote bonus to officers 
 as compensation for services. L.R.A. 
 1915D, 632. 
 
 d. Fiduciary relation. 
 
 § 50. Generally. 
 
 Effect of statutes forbidding corporate offi- 
 cers or directors to be interested direct- 
 ly or indirectly in dealings with the 
 corporation. L.R.A.1916A, 783. 
 Duty of director toward one from whom 
 he purchases stock. L.R.A.1916B, 
 708. 
 General rule. L.R.A.1916B, 708. 
 Minority rule. L.R.A.1916B, 71]. 
 Special circumstances creating fiduci- 
 ary relations. L.R.A.1916B, 713. 
 Fraud, conspiracy, or concealment. 
 L.R.A.1916B, 714. 
 
 Begin with this 'booU on every law question. 
 
 CORPORATIONS, VI. d..— cont'd. 
 
 Are directors under any obligation to dis- 
 close matters which may make shares 
 more valuable, before purchasing shares 
 from individual stockholders. 4 B. R. 
 C. 792. 
 
 e. Duties anA personal liabilities of. 
 1. In general. 
 
 § 52. Generally. 
 
 Duty of corporate officers to produce books 
 or papers pursuant to subpoena duces 
 tecum or order of court. L.R.A. iyi5B, 
 981. 
 
 Failure of foreign corporation to comply 
 with conditions of doing business in 
 the state as a defense to action by it 
 against officer or agent. L.R.A.1916A, 
 646. 
 
 § 53. To purchasers of stock. 
 
 Fraud iii sale of corporate stock by one 
 officer or director to another. L.R.A. 
 1916B, 703. 
 
 § 54. To creditors of corporation. 
 
 Liability of directors, see infra, § 58. 
 
 § 55. On negotiable paper. 
 
 Extension of time to corporation as af- 
 fecting liability of officers who sign as 
 sureties or indorsers. 47 L.R.A. (N.S.) 
 274. 
 
 § 56. For torts, frand, or negligence. 
 
 Joinder of stockholders in suit against of- 
 ficer or director based upon transac- 
 tions mter se. 46 L.R.A.(N.S.) 137. 
 
 Failure of foreign corporation to comply 
 with conditions of doing business in 
 the state as defense of action by it 
 against officer or agent for embezzle- 
 ment. L.R.A.1916A, 650. 
 
 Personal liability of officer or director of 
 corporation for personal injuries from 
 torts in connection with its business. 
 L.R.A.1915C, 874. 
 
 3. Of directors. 
 
 § 57. Generally. 
 
 Liability of bank directors, see Ban-ks, § 7. 
 
 Duty of director toward one from whom he 
 purchases stock. L.R.A.1916B, 708. 
 
 § 57a. — for torts and frand. 
 
 Personal liability of directors for personal 
 injuries resulting from tort. L.R.A. 
 1915C, 874. 
 
 § 58. To creditors of corporation. 
 
 Liability of directors directly to creditors, 
 of the corporation, suing in tlieir 
 own right, for negligence or other 
 breach of duty owed primarily to 
 the corporation. 45 L.R.A. (N.S.) 
 421. 
 
 Suits in equity. 45 L.R.A. (N.S.) 422. 
 
 Actions at law. 45 L.R.A. (N.S.) 424. 
 
 ^ytfi)^ 
 
INDEX TO NOTES. 
 
 13 J 
 
 CORPORATIONS, VI. e, Z— cont'd. 
 Liability of directors under statutes pur- 
 porting to make them liable for 
 contracting debts in excess of a 
 fixed limit. L.R.A.1915D, 1028. 
 Forms of statute. L.R.A.1915D, 1030. 
 General rules of construction. L.R.A. 
 
 1915I>, 1031. 
 Nature of liability. L.R.A.1915D, 
 1031. 
 Whether joint or several. L.R.A. 
 1915D, 1033. 
 What directors are liable. L.R.A. 
 1915D, 1033. 
 Necessity that directors be such, 
 when excess occurs. L.R.A. 
 1915D, 1033. 
 Necessity of assent. L.R.A.1915D, 
 1034. 
 What constitutes assent. 
 L.R.A.1915D, 1036. 
 When liability arises. L.R.A.1915D, 
 1037. 
 Determination of amount of paid- 
 in capital stock, subscribed 
 capital stock, etc. L.R.A. 
 1915D, 1037. 
 Determination of amount of debts. 
 L.R.A.1915D, 1039. 
 What debts included. L.R.A. 
 1915D, 1039. 
 Ordinary debts. L.R.A. 
 
 1915D, 1040. 
 Bonded indebtedness. 
 
 L.R.A.1915D, 1040. 
 Mortgage indebtedness. 
 
 L.R.A.1915D, 1040. 
 Debts due a director. 
 
 L.R.A.1915D, 1040. 
 Debt due a stockholder. 
 
 L.R.A.1915D, 1041. 
 Advances made by factors. 
 
 L.R.A.1915D, 1041. 
 Certificates of deposit. 
 
 L.R.A.1915D, 1042. 
 Torts. L.R.A.1915D, 1042. 
 Evidence as to debts. L.R.A. 
 1915D, 1043. 
 EflTect of waste or destruction of 
 assets by assignee. L.R.A. 
 1915D, 1043. 
 Effect of reduction of debts. L.R.A. 
 1915D, 1043. ' 
 To whom liability extends. L.R.A. 
 1915D, 1044. 
 To what creditors. L.R.A.1915D, 
 1045. 
 Doctrine that liability extends 
 only to creditors whose 
 debts are contracted in 
 excess of fixed limit. 
 L.R.A.1915D, 1045. 
 Enforcement of the liability. L.R.A. 
 1915D, 1046. 
 Who may enforce. L.R.A.1915D, 
 
 , 1046. 
 Where liability may be enforced. 
 
 L.R.A.] 915D, 1047. 
 
 When liabilitv may be enforced. 
 
 L.R.A.1915D, 1048. 
 
 Applicability of statute of limitations. 
 
 L.R.A.1915D, 1050. 
 
 Consult also L.R.A. Digests to date. 
 
 CORPORATIONS, VI. e, 2r-oont'&. 
 
 When statute begins to run. L.R.A. 
 1915D, 1051. 
 Effect of expiration of corporate life. 
 L.R.A.1915D, 1052. 
 
 § 59. To the corporation. 
 
 Under statutes purporting to make direct- 
 ors liable for contracting debts in ex- 
 cess of a fixed limit. L.R.A.1915D, 
 1028. 
 
 Right of holding corporation to maintain 
 action against its own director for an 
 injury to the subsidiary corporation. 
 L.R.A.1915F, 617. 
 
 /. Meetings; elections. 
 
 § 60. Generally. 
 
 Mandamus to compel calling of meeting. 
 L.R.A.1915E, 774. 
 
 yil. Promioters and incorporators, 
 
 § eZ. Generally. 
 
 Secret dealings between vendor and one who 
 promoted the organization of a corpo- 
 rate purchaser as a ground for rescis- 
 sion of contract. L.R.A.1916C, 1000. 
 
 § 63. Liability of corporation on con- 
 tracts of. 
 
 Liability in general. 50 L.R.A. (N.S.) 980. 
 Adoption and ratification. 50 L.R.A.(N.S.) 
 
 980. 
 / English rule. 50 L.R.A. (N.S.) 980. 
 
 Adoption and ratification in gen- 
 eral. 50 L.R.A. (N.S.) 980. 
 Adoption and ratification by ex- 
 press act. 50 L.R.A.(N.S.) 
 981. 
 Adoption and ratification by ac- 
 ceptance of benefits. 50 L.R.A. 
 (N.S.) 981. 
 American rule. 50 L.R.A. (N.S.) 981. 
 Adoption and ratification in gen- 
 eral. 50 L.R.A.(N.S.) 981. 
 Adoption and ratification by ex- 
 press act. 50 L.R.A.(N.S.) 
 982. 
 Adoption and ratification by im- 
 plication. 50 L.R.A. (N.S.) 
 983. 
 Adoption and ratification by ac- 
 ceptance of benefits. 50 
 L.R.A.(N.S.) 984. 
 Elements. 50 L.R.A. (N.S.) 
 987. 
 Fraud. 50 L.R.A. (N.S.) 987. 
 Ultra vires contracts. 50 L.R.A. (N.S.) 987. 
 
 § 64. Duties and liability. 
 
 Partnership liability of stockholders in case 
 of defective or illegal organization. 
 L.R.A.1916C, 196. 
 
 VIII. Capital; stock and stockholders, 
 a. In general. 
 
 § 66. Generally. 
 
 Right of corporation to purchase its own 
 stock, see supra, § 24. 
 
132 
 
 INDEX TO NOTES. 
 
 CORPORATIONS, VIII. a,— cont'd. 
 
 Stock in foreign corporation, see infra, XI. 
 
 Of banica, see Banks, III. 
 
 Bonds of, see Bonds, III. 
 
 Eights of life tenant as to stock, see Life 
 
 Tenant, § 6. 
 Tax on corporate stock and stockholders, 
 
 see Taxes, §§ 36, 45. 
 Investments by trustee in corporate stock 
 
 or acceptance of corporate stock as 
 
 security, see Tkttsts, § 26a. 
 
 Competency as an attesting witness of 
 stockholder of corporation named as 
 executor or trustee. L.E.A.1916I>, 185. 
 
 Effect of statutes forbidding stockholders 
 to be interested directly or indirectly 
 in dealings with the corporation. 
 L.E.A.1916A, 783. 
 
 Liability of agent to true owner for selling 
 or disposing of shares of stock intrust- 
 ed to him by his principal. 50 L.E.A. 
 (N.S.) 58. 
 
 Agreement of shareholder to become respon- 
 sible for amount of company's debt as 
 a "promise to answer for the debt of 
 another." 3 B. E. C. 611. 
 
 Validity of contract or option by director 
 for purchase of stock of employee of 
 corporation upon discontinuance of 
 employment. L.E.A.lOieD, 1117. 
 
 Eight of stockholders of corporation inter- 
 ested in eminent domain proceedings 
 to serve as commissioners or jurors. 
 47 L.R.A.(N.S.) 169. 
 
 Does agreement for, payment contingent on 
 price of shares constitute insurance. 
 47 L.E.A.(N.S.) 300. 
 
 § 70. Increase of capital stock. 
 
 Assets of corporation as consideration for 
 increase of stock. 50 L.R.A.(N.S.) 68. 
 
 § 74, Preferred, guaranteed, and in- 
 terest-bearing stock. 
 
 Validity of guaranty of dividends. 46 
 L.R.A.(N.S.) 637. 
 
 6. Subscriptions. 
 
 § 77. Generally. 
 
 As to liability upon, see infra, VIII. e. 
 Effect of transfer on liability of stock- 
 holders, see infra, VIII. e, 3. 
 
 Assignability of a subscription to stock or 
 contract to purchase stock from the 
 corporation. 43 L.R.A.(N.S.) 790. 
 
 § 78. Release from. 
 
 g 78a. — on ground that corporation 
 is not legally organized. 
 
 Eight to defeat stock subscription or stock- 
 holders' liability on the ground 
 that corporation is not legally or- 
 ganized. L.R.A.1915A, 475. 
 
 In general, L.R.A.IOISA, 475. 
 
 Theories. L.R.A.1915A, 478. 
 
 Subscriber taking some part. L.E.A. 
 1915A, 479. 
 
 Actions by or on behalf of creditors. 
 L.E.A.1915A, 481. 
 
 Begin with this booTc on every law question. 
 
 COEPOEATIONS, VIII. h— cont'd. 
 
 What amounts to an estoppel. L.E.A. 
 
 1915A, 482. 
 Limitations of the general rule. L.E.A. 
 1915A, 484. 
 to de facto corporations. L.E.A. 
 
 1915A, 484. 
 Under particular statutes. L.R.A. 
 1915A, 485. 
 Subscriptions before organization. 
 
 L.E.A.1915A, 485. 
 Execution of note. L.E.A.1915A, 487. 
 Note in hands of bona fide holder. 
 L.E.A.1915A, 487. 
 Nature of the illegality. L.R.A.1915A, 
 
 487. 
 Conclusion. L.E.A.1915A, 490. 
 
 § 78b. — on abandonment of business 
 by corporation. 
 
 The effect upon a stock subscription con- 
 tract of the voluntary cessation or 
 abandonment of business by the 
 , corporation. L.R.A.1915A, 390. 
 
 In general. L.E.A.1915A, 391. 
 Effect of existence or nonexistence of 
 
 debts. L.E.A.1915A, 392. 
 Partial abandonment. L.R.A.1915A, 
 
 • 393. 
 Temporary abandonment. L.E.A.1915A, 
 393. 
 
 § 79. — rescission for fraud and mis- 
 representation. 
 
 Fraud as a ground of release from subscrip- 
 tion to stoclt after insolvency of cor- 
 poration. L.R.A.1915D, 792. 
 
 § 81. Payment of. 
 
 Validity of issuance of stock for a note of 
 the subscriber, under a provision 
 against issuing stock except for money, 
 labor done, or money or property ac- 
 tually received. 52 L.R.A. (N.S.) 454. 
 
 May a corporation issue stock in payment 
 of or as security for its antecedent 
 debts under statute prohibiting the 
 issue except for money, labor done, or 
 property actually received. L.K.A. 
 1916E, 570. 
 
 § 81a. — with property. 
 
 Note given in payment of stock as property 
 under a provision against issuing stock 
 except for money, labor done, or money 
 or property actually received. 52 
 L.R.A.(N.S.) 454. 
 
 c. Transfer; sale. 
 
 g 82. Generally. 
 
 Effect of transfer on liability of stock- 
 holders, see infra, § 112. 
 
 Specific performance of contract for, see 
 Specitio Perfobmance, § 14. 
 
 Tax on transfers, see Taxes, § 107. 
 
 Duty of director toward one from whom he 
 
 purchases stock. L.R.A.1916B, 708. 
 Contract for the sale of corporate stock 
 as one for the sale of "goods,'' etc., 
 within statute of frauds. 51 L.R.A. 
 (N.S.) 398. 
 
INDEX TO NOTES. 
 
 333 
 
 CORPORATIONS, VIII. c—ccmt'd. 
 
 Measure of dam'ages for breach of contract 
 to sell or buy corporate stock. 43 
 L.R.A.(N.S.) 368. 
 
 Measure of damages for misrepresenting 
 value of corporate stock sold. 43 
 L.E.A.(N.S.) 373. 
 
 Priority as between true owner and exe- 
 cution or attachment creditors of one 
 in whose name he has placed stock on 
 the books of the corporation. 49 L.R.A. 
 (N.S.) 1159. 
 
 § 83. Liability for fraud or misrepre- 
 sentations inducing purchase. 
 
 Fraud of director toward one from whom he 
 purchases stock. L.R.A.1916B, 714. 
 
 Fraud in sale of corporate stock by one 
 officer or director to another. L.R.A. 
 1916B, 703. 
 
 § 84. Gift of. 
 
 Delivery of certificate of stock without in- 
 dorsement or transfer on books. L.R.A. 
 1915D, 733. 
 
 § 86. Rights of transferee. 
 
 Liability of corporation to assignee of true 
 owner for unauthorized transfer of 
 stock on its books. 45 L.R.A. (N.S.) 
 1080. 
 
 Right of purchaser of stock from one with 
 whom it was pledged or deposited by 
 the owner without signing a transfer 
 or power of attorney. L.R.A.1916F, 
 491. 
 
 § 88. Necessity of irriting; statute of 
 frauds. 
 
 Contract for sale of corporate stock as one 
 for the sale of "goods," etc. within the 
 statute of frauds. 51 L.R.A. (N.S.) 
 398. 
 
 § 89. Transfer on books. 
 
 Mandamus to compel transfer of corporate 
 
 stock. 48 L.R.A.(N.S.) 847. 
 Situs of corporate stock for purpose of 
 transfer on books of corporation. 
 LJI.A.1915C, 471. 
 At branch registration offices. L.R.A. 
 
 1915C, 471. 
 As aflfected by owner's residence L.R.A. 
 1915C, 473. 
 Duty of transferer of shares of stock not 
 to prevent or delay registration on cor- 
 porate books. 5 B. E. C. 166. 
 Delivery of certificate of stock without in- 
 dorsement of transfer on books. L.R.A. 
 1915D, 733. 
 Liability of corporation to true owner for 
 unauthorized transfer of stock on 
 its books. 45 L.R.A. (N.S.) 1076. 
 General rule. 45 L.R.A.(N.S.) 1076. 
 Application of rule. 45 L.R.A. (N.S.) 
 1077. 
 Where owner's name is forged. 
 
 45 L.R.A.(N.S.) 1077. 
 Where transfer is at the request 
 of a trustee. 45 L.R.A. (N.S.) 
 1078. 
 Consult also L.R.A. Vif/ests to date. 
 
 CORPORATIONS, VIII. e— cont'd. 
 
 Where at request of agent. 45 
 
 L.R.A.(N.S.) 1079. 
 Where at request of executor or 
 administrator. 45 L.R.A. 
 (N.S.) 1079. 
 Where at request of guardian. 45 
 
 L.R.A.(N.S.) 1080. 
 Liability to assignee of stock. 45 
 
 L.R.A.(N.S.) 1080. 
 Miscellaneous cases. 45 L.R.A. 
 1080. 
 Remedy of injured party. 45 L.R.A. 
 (N.S.) 1080. 
 Equitable actipn. 45 L.R.A. (N.S.) 
 
 1080. 
 Action at law. 45 L.R.A. (N.S.) 
 1081. 
 Nature of relief. 45 L.R.A. (N.S.) 1082. 
 Parties. 45 L.R.A.(N.S.) 1082. 
 
 Action against corporation. 45 
 
 L.R.A.(N.S.) 1082. 
 Joinder of corporation and sub- 
 sequent purchaser. 45 
 L.R.A.(N.S.) 1083. 
 Action by corporation. 45 L.R.A. (N.S.) 
 1083. 
 Failure to register transfer, due to fault 
 of corporation, as affecting continued 
 liability of assignor of stock. 46 
 L.R.A.(N.S.) 668. 
 Laches of assignee in having stock trans- 
 ferred on the books of corporation as 
 affecting the liability of the corpora- 
 tion, which subsequently makes un- 
 authorized transfer thereof. 45 L.R.A. 
 (N.S.) 1090. 
 
 § 92. Pledge. 
 
 Power of national bank to take stock of 
 other corporation as collateral security. 
 L.R.A.1916A, 586. 
 
 § 93. — rights of pledgee. 
 
 Right of pledgee of stock from one with 
 whom it was pledged or deposited by 
 the owner without signing a transfer or 
 power of attorney. L.R.A. 1916F, 491. 
 
 § 95. Tax on transfers. 
 
 See Taxes, § 107. 
 
 d. Bights of ahareliolders. 
 
 § 96. Generally. 
 
 Rights of transferees, see supra, § 86. 
 
 § 97. Rights of minority stochhold- 
 ers. 
 
 Right of minority stockholders to prevent 
 compromise of claim. 43 L.R.A. (N.S.) 
 498. 
 
 Right of minority stockholder to compel 
 corporation to take into its own name 
 stock in another corporation which it 
 is carrying in the names of others. 
 L.R.A.1915D, 1128. 
 
134 
 
 INDEX TO NOTES. 
 
 CORPORATIONS, VIII. d— cont'd. 
 § 98. Action by stockholders. 
 
 Inherent jurisdiction of equity independent- 
 ly of statute at the instance of stock- 
 holders to appoint a receiver or wind 
 up a corporation because of misman- 
 agement or fraud of its officers. L.R.A. 
 1915A, 606. 
 
 Mandamus to compel calling of stockhold- 
 ers' or directors' meeting. L.R.A. 
 1915E, 774. 
 
 Right of holding corporation to maintain 
 action against its own director for an 
 injury to the subsidiary corporation. 
 L.R.A.1915F, 617. 
 
 Right of stockholder in mutual irrigation 
 company to maintain action against 
 the company for negligent failure to 
 furnish water. Ii.R.A.1915D, 292. 
 
 Necessity of applying to board of direc- 
 tors as a condition of right of 
 stockholder to sue on behalf of the 
 corporation. 51 L.R.A.(N.S.) 99. 
 Pleadings. 51 L.R.A.(N.S.) 107. 
 
 Necessity of applying to body of stockhold- 
 ers as a condition of right of stoclv- 
 holder to sue on behalf of the corpo- 
 ration. 51 L.R.A.(N.S.) 112. 
 
 Necessity of making corporation a party to 
 suit by stockholder in its behalf. 51 
 L.R.A.(N.S.) 123. 
 
 § 99a. Bight to inspect corporate 
 property. 
 
 Right of stockholder to inspect property of 
 corporation. 43 L.R.A. (N.S.) 1112. 
 
 § 100. Dividends; stock rights; pre- 
 ferred stock. 
 
 On preferred, guaranteed, and interest bear- 
 ing stocks, see supra, § 74. 
 
 Accretions in value of corporate assets as 
 
 basis of dividends. L.R.A.1915D, 
 
 1052. 
 Accretions to principal in general. 
 
 L.R.A.1915D, 1053. 
 Windfalls. L.R.A.1915D, 1054. 
 Contributed surplus, and premiums. 
 
 L.R.A.1915D, 1055. 
 Forfeitures and penalties. L.R.A.1915D, 
 
 1055. 
 Restoring money taken from income. 
 
 L.R.A.1915D, 1055. 
 Excess above amount to which capital 
 
 stock has been reduced. L.R.A. 
 
 1915D, 1056. 
 Wasting character of the property. 
 
 L.R.A.1915D, 1056. 
 Miscellaneous. L.R.A.1915D, 1057. 
 
 § 102. — as betiipeen onrner of capi- 
 tal and income. 
 
 See Life Tenants, § 6. 
 
 e. Liabilities of shareholders. 
 1. In general. 
 
 § 103. Generally. 
 
 In foreign corporation, see infra, § 144. 
 Alteration of stockholder's liability as im- 
 pairment of obligation of contract, see 
 
 CONSTITUTIONAl. LAW, § 31a, 
 
 CORPORATIONS, VIIL e, 1— cont'd. 
 
 Right of nominal owner of shares of stock 
 to indemnity against consequences of 
 such ownership. 3 B. R. C. 365. 
 Extension of time to corporation as affect- 
 ing liability of stockholders who sign 
 as sureties or indorsers. 47 L.R.A. 
 (N.S.) 274. 
 Right to defeat stockholder's liability on 
 the ground that corporation is not le- 
 gally organized. L.R.A.1915A, 475. 
 Necessity of issuance or tender of stock 
 certificate to render subscriber lia- 
 ble as a stockholder. L.R.A.] 915A, 
 465. 
 In general. L.R.A.1915A, 465. 
 
 Doctrine making a distinction be- 
 tween a subscription and sale, 
 L.R.A.1915A, 468. 
 As affected by terms of instrument. 
 
 L.R.A.1915A, 469. 
 Effect of inability of corporation to de- 
 liver stock. L.R.A.1915A, 470. 
 Actions by or on behalf of creditors. 
 L.R.A.1915A, 470. 
 
 § 105. Stock issued at discount. 
 
 Issuance of stoclc at discount as affecting 
 stockholder's liability for debts. 51 
 L.R.A. (N.S.) 56. 
 
 § 107. Partnership liability in case 
 of defective or illegal incorpora- 
 tion. 
 
 Rule that no partnership liability exists. 
 L.R.A.1916C, 200. 
 EflTect of fraud. L.R.A.1916C, 202. 
 Reasons for rule, 203. 
 Knowledge of corporate character. 
 
 L.R.A.1916C, 205. 
 Defects in corporate organization. 
 
 L.R.A.1916C, 206. 
 Exceptions. L.R.A.1916C, 208. 
 Rule that a partnership liability exists. 
 L.R.A.1916C, 209. 
 What persons are liable. L.R.A.1916C, 
 
 212. 
 Estoppel. L.R.A.1916C, 212. 
 Liability under statutes. L.R.A.1916C, 213. 
 Estoppel by subsequent acts. L.R.A.1916C, 
 
 214. 
 Corporations not authorized by law. L.R.A. 
 
 1916C, 216. 
 Foreign corporations. L.R.A.1916C, 217. 
 
 3. Effect of transfer. 
 
 § 112. Generally. 
 
 Right of nominal owner of shares of stock 
 to indemnity against consequences of 
 such ownership. 3 B. R. C. 365. 
 Failure to register transfer, due to fault 
 of corporation, as affecting con- 
 tinued liability of assignor of 
 stock. 46 L.R.A.(N.S.) 668. 
 Added liability. 46 L.R.A. (N.S.) 669. 
 Other liability. 46 L.R.A. (N.S.) 670. 
 Liability of former stockholder for debts 
 of corporation as affected by renewal, 
 after transfer of stock. L.R.A.1915B, 
 168. 
 
 Begin with this booU on every law question. 
 
 j^j£i:-.^-u .. .^ 
 
INDEX TO NOTES. 
 
 135 
 
 COEPOEATIONS, VIII. e— cont'd. 
 4:. Proceedings to enforce. 
 
 % 114:. Generally. 
 
 Impairment of contract obligation as to, 
 see Constitutional Law, § 37. 
 
 § 115. Prerequisites to. 
 
 Necessity of exhausting legal remedies 
 against corporation before invoking 
 jurisdiction of equity to enforce un- 
 paid subscriptions to stock. 46 L.R.A. 
 (N.S.) 446. 
 
 § 116. Wbo may enforce. 
 
 § 116a. — receiver, assignee, or 
 
 trustee. 
 
 When may local venue be disregarded upon 
 the ground that the action or proceed- 
 ings is ancillary or incidental. L.R.A. 
 ini6D, 1134. 
 
 Suit in equity by receiver, assignee, or 
 trustee to enforce liability on unpaid 
 subscriptions to stock. 46 L.R.A.(N.S.) 
 452. 
 
 § 117. Nature of remedy. 
 
 Jurisdiction of equity to enforce liability on 
 
 unpaid subscriptions to stoclc of a 
 
 corporation. 46 L.R.A. (N.S.) 440. 
 General rule. 46 L.R.A.(N.S.) 440. 
 EfTect of statutes giving other remedy. 
 
 46 L.R.A.{N.S.) 442. 
 Grounds of equity jurisdiction. 46 
 
 L.R.A.(N.S.) 443. 
 Necessity of assessment. 46 L.R.A. 
 
 (N.S.) 445. 
 Necessity of exhausting legal remedies 
 against corporation. 46 L.R.A. 
 (N.S.) 446. 
 
 Domestic corporation. 46 L.R.A. 
 (N.S.) 446. 
 
 Foreign corporations. 46 L.R.A. 
 (N.S.) 447. 
 Nature of action and character of re- 
 lief granted. 46 L.R.A. (N.S.) 
 448. 
 
 Action by creditor or creditors in 
 behalf of all the creditors. 46 
 L.R.A.(N.S.) 448. 
 
 Action by creditor or creditors for 
 individual benefit. 46 L.R.A. 
 (N.S.) 450. 
 
 Action by receiver. 46 L.R.A. 
 (N.S.) 452. 
 
 Action by assignee or trustee. 46 
 L.R.A.(N.S.) 452. 
 
 Joinder of stockholder and credi- 
 tor as complainants. 46 
 L.R.A.(N.S.) 453. 
 
 Joinder of stockholders as defend- 
 ants. 46 L.R.A.(N.S.) 453. 
 
 /. Stockholders' meetings; voting. 
 
 § 122. Generally. 
 
 Mandamus to compel calling of meeting. 
 L.R.A.1915E, 774. 
 Consult also L.B.A. Digests to date. 
 
 I CORPORATIONS, VIII. i— cont'd. 
 ' § 124. Voting trusts. 
 
 Specific performance of stock pooling agree- 
 ment. 51 L.R.A.(N.S.) 785. 
 
 § 125. Proxies. 
 
 Right to use corporate funds in obtaining 
 proxies. 3 B. R. C. 137. 
 
 IX. Dissolution; winding up; forfei- 
 ture. 
 § 127. Generally. 
 
 Discretion of court as to penalty to be im- 
 posed upon a corporation for violation 
 of law. L.R.A.1915A, 892. 
 Under general law. L.E.A.1916A, 893. 
 Under statute defining duty of corporation. 
 L.R.A.1915A, 894. 
 Forfeiture not expressly made a pen- 
 alty. L.R.A.1915A, 895. 
 Under statute prescribing forfeiture as pen- 
 alty. L.R.A.1915A, 896. 
 Inherent jurisdiction of equity, independ- 
 ently of statute, at the instance of 
 stockholders, to appoint a receiver 
 or wind up a corporation because 
 of mismanagement or fraud of its 
 oflScers. L.R.A.1915A, 606. 
 Where fraud or mismanagement is 
 charged. L.R.A.1915A, 608. 
 Dissolution of corporation. L.R.A. 
 1915A, 608. 
 Appointment of receiver. L.R.A.1915A, 
 608. 
 Receiver pendente lite. L.R.A. 
 1H15A, 610. 
 Where corporation is no longer a going 
 concern. L.E.A.1915A, 610. 
 
 § 128. What works, a dissolution. 
 
 Insolvency or appointment of receiver to 
 work dissolution which will aifect right 
 of corporation to sue. 50 L.R.A. (N.S.) 
 383. 
 
 g 130. Effect of. 
 
 Abatement of action by, see Abatement 
 ATSTD Revival, § 4. 
 
 Effect upon lease of dissolution of lessee 
 corporation. 3 B. R. C. 627. 
 
 Effect on liability of directors under stat- 
 utes purporting to make them liable for 
 contracting debts in excess of a fixed 
 limit. L.R.A.1015D, 1052. 
 
 X. Insolvency; rights and preferences 
 of creditors. 
 
 § 134. Generally. 
 
 Liability of stockholders of insolvent cor- 
 poration, see supra, VII. e. 
 Insolvency of bank, see Banks, VI. 
 Receivers for insolvent corporation, see Re- 
 
 CEIVEKS. 
 
 Right of receiver to compel officers of cor- 
 poration to deliver to receiver property 
 of corporation claimed by them ad- 
 versely. 47 L.R.A.(N.S.) 751. 
 
136 
 
 INDEX TO NOTES. 
 
 CORPORATIONS, X.— cowi'd. 
 § 135. Bights as to stock and sub- 
 scriptions. 
 
 Fraud as a ground for release from subscrip- 
 tion to stock after insolvency of cor- 
 poration. L.R.A.I9I0D, 792. 
 
 § 136. Effect of insolvency. 
 
 Insolvency of corporation or appointment 
 of receiver as affecting its right to 
 sue. 50 L.R.A.(N.S.) 383. 
 Mere insolvency or discontinuing busi- 
 ness. 50 L.R.A.(N.S.) 384. 
 Appointment of receiver. 50 L.R.A. 
 (N.S.) 384. 
 New action. 50 L.R.A. (N.S.) 384. 
 Abatement of pending actions. 50 
 L.R.A.(N.S.) 386. 
 
 XI. Foreign corporations, 
 a. In general. 
 
 § 138. Generally. 
 
 Foreign insurance companies, see Instjb- 
 
 ANCB, II. b. 
 Taxation of, see Taxes, II. e. 3. 
 
 Conflict of laws as to usury in contract of 
 
 foreign loan association. L.R.A.1916D, 
 
 757. 
 Sufficiency of notice to foreign corporation 
 
 of cancelation of fire insurance policy. 
 
 50 L.R.A.(N.S.) 40. 
 Right of foreign corporation to avail itself 
 
 of statute of limitations. L.R.A.1915C, 
 
 544. 
 
 §§ 139, 140. Recognition or exclu- 
 sion of. 
 
 Of foreign insurance company, see Insue- 
 ANCE, II. b. 
 
 § 141. Revocation of license. 
 
 Suit to restrain revocation of corporation's 
 license, as suit against the state. 44 
 L.R.A.(N.S.) 219. 
 
 On account of removal of action to. Federal 
 court. L.R.A.1915F, 1187. 
 
 § 142. Right of, to own real estate. 
 
 Law governing right to take title to real 
 property in another state. L.R.A. 
 1916A, 1039. 
 
 § 144. Liability of stockholders. 
 
 Necessity of exhausting legal remedies 
 against corporation before invoking ju- 
 risdiction of equity to enforce liability 
 on unpaid subscriptions to stock. 46 
 L.R.A.(N.S.) 447. 
 
 Partnership liability of stockholders of for- 
 eign corporation defectively or illegal- 
 ly incorporated. L.R.A.1916C, 217. 
 
 ft. Doing business within state. 
 
 § 145. Generally. 
 
 Right of foreign corporation to discontinue 
 business within the state. 46 L.R.A. 
 (N.S.) 955. 
 
 Begin with, this ftooTc on every law question. 
 
 CORPORATIONS, XI. b— cont'd. 
 
 Withdrawal or attempted withdrawal of for- 
 eign corporation as affecting power of 
 state to exact a privilege tax. L.R.A. 
 1916C, 577. 
 
 §.146. What constitutes. 
 
 When may a foreign corporation which has 
 entered into a contract for the local 
 handling of its product be considered as 
 doing business within the state within 
 the meaning of a statute prescribing the 
 conditions upon which foreign corpora- 
 tions may transact business therein. 
 L.R.A.1916F, 334. 
 Transactions pursuant to agreement with 
 local dealer to sell product of for- 
 eign corporation within state as 
 doing business therein. 44 L.R.A. 
 (N.S.) 1094. 
 Within operation of prohibitory stat- 
 utes. 44 L.R.A.(N.S.) 1095. 
 Whether a question for the jury. 44 
 
 L.R;A.(N.S.) 1096. 
 Service of process. 44 L.R.A.(N.S.) 
 1097. 
 Soliciting trade as doing business within th& 
 state. L.R.A.1916E, 236. 
 
 § 147. Effect of noncompliance with 
 statutory conditions. 
 
 Failure to comply with conditions of doing 
 business in the state as a defense to ac- 
 tion by corporation against officer or 
 agent. L.R.A.1916A, 646. 
 Action on agent's note for uncollected 
 
 premiums. L.R.A.1916A, 648. 
 Actions on agent's bond. L.R.A.1916A, 
 
 649. 
 Embezzlement cases. L.R.A.1916A, 650. 
 
 c. Actions by or against. 
 
 § 149. Generally. 
 
 Jurisdiction over, see Cotjbts, § 11. 
 
 Removal of causes by or against, see Remov- 
 al OF Causes, § 8. 
 
 Service of process on, see Writ and Peg- 
 cess, §§ 24^29. 
 
 Suit to restrain revocation of corporation's 
 license, as suit against the state. 44 
 L.R.A.(N.S.) 219. 
 
 Right of foreign corporation to avail itself 
 of statute of limitations. L.R.A.1915C, 
 .544. 
 
 Failure to comply with conditions of doing 
 business in the state as a defense to ac- 
 tion by corporation against officer or 
 agent. L.R.A.191fiA, 646. 
 
 § 150. Attachment or garnishment 
 against. 
 
 Liability of foreign corporation which has 
 complied with conditions of doing busi- 
 ness in state to attachment as nonresi- 
 dent. L.R.A.1915D, 116. 
 
 Garnishment of debt due from foreign cor- 
 poration in state where it is engaged in 
 business. L.R.A. 1915F, 884. 
 
INDEX TO NOTES. 
 
 137 
 
 CORPSE. 
 
 § 1. Generally. 
 
 Oremation of, see CKBaiATiON. 
 
 Allowance for mental anguish in respect to, 
 
 see Damages, § 98. • 
 See also Oembtabies. 
 
 § 3. Mutilation. 
 
 Who may maintain action for. 
 1915B, 519. 
 
 L.II.A. 
 
 « « » 
 
 CORFTJS DELICTI. 
 
 In prosecution for arson, see Aesojst, § 5. 
 
 ♦-•-• 
 
 CORRECTNESS. 
 
 Of photograph, proof of, as requisite to use 
 in evidence. 51 L.K.A.(N.S.) 843. 
 
 ^ «» 
 
 CORRELATIVE RIGHTS. 
 
 In percolating waters. L.R.A.1915A, 369. 
 
 4 «» 
 
 CORROBORATION. 
 
 Necessity of, see Evidekce, §§ 320, 321. 
 
 ♦« » 
 
 COST. 
 
 Of public utility plants, as element in 
 estimating their value, see Public 
 Service Coepobations, § 5. 
 
 COSTS AND FEES. 
 
 J. In general, § 1. 
 
 II. Right to recover; liability for, §§ 
 2-5. 
 
 III. Amount; items; priority, §§ 6—8. 
 
 IV. Practice concerning; collection, §§ 
 
 9, lO. 
 
 I. In general. 
 
 § 1. Generally. 
 
 On appeal, see Appeal and Eekoe, § 42. 
 
 Effect of pardon on, see Criminal Law, § 
 89. 
 
 In action on insurance policy, see Insur- 
 ance, § 206. 
 
 Fees of public officers, see Officers, III. b. 
 
 Right of officer conducting judicial sale to 
 his fee where property is bid in by per- 
 son at whose instance sale wa^ made. 
 48 L.R.A.(N.S.) 542. 
 
 Right of purchaser to indemnity for expense 
 of defending suit or proceeding based on 
 bulk sales act. L.R.A.1916F, 551. 
 Consult also L.B.A. Digests to date. 
 
 COSTS AND FEES, I.— cont'd. 
 
 Liability under policy indemnifying against 
 liability for injuries to compensate in- 
 sured for expenses incurred in success- 
 ful defense or compromise of action. 
 44 L.K.A.(N.S.) 609. 
 
 Expenses of litigation as included within 
 indemnity policy against liability for 
 injuries to, employees and others. 43 
 L.R.A.(N.S.) 1128. 
 
 Payment of, as consideration for agreement 
 extending time of payment of obliga- 
 tion. 52 L.R.A.(N.S.) 339. 
 
 II. Bight to recover; liability for. 
 
 § 2. Generally. 
 
 Under the Torrens Law. L.R.A.191GD, 48. 
 
 Provision for, in workmen's compensation 
 act. L.R.A.1916A, 181. 
 
 Pardon as aflfecting liability for. 43 L.R.A. 
 (N.S.) 207. 
 
 Recovery of, as element of damages to be 
 paid public utility company upon tak- 
 ing its plant. 47 L.R.A. (N.S.) 791. 
 
 III. Amount; items; priority. 
 
 § 7. Attorneys' fees. 
 
 Attorney's right to fees from his own client, 
 
 see Attorneys, §§ 18, 20. 
 Stipulation in contract for, see Attoenets' 
 
 FteES. 
 
 Validity of statutory provision for attor- 
 neys' fees. L.R.A.1915E, 943. 
 
 IV. Practice concerning; collection. 
 
 g 9. Generally. 
 
 Motion for security for costs as extending 
 time to plead. 47 L.R.A. (N.S.) 854. 
 
 § 10. Compelling payment of. 
 
 Imprisonment for nonpayment of. L.R.A. 
 
 1915B, 648. 
 Gruel punishment for failure to pay. L.R.A. 
 
 1915C, 563. 
 
 COSURETIES. 
 
 Remedies between, see Principal and Sure- 
 ty, § 29. 
 
 COTENANCY. 
 
 /. In general, §§ 1, 3. 
 III. Rights, remedies, and liabilities as 
 
 to each, other, §§ 4—10. 
 IT. Transfer of interests, §§ 11, 13. 
 
 I. In general. 
 
 I § 1. Generally. 
 As to tenancy by entireties, see Husband 
 
 AND Wife, § 27. 
 As to partition, see Paetition. 
 Taxation of property of cotenant, see Taxes, 
 § 53a. 
 
13S 
 
 INDEX TO NOTES. 
 
 COTENANCY, 1.— cont'd. 
 
 Succession tax upon death of one joint ten- 
 ant. L.R.A.1916C, 682. 
 
 Eight of cotenant to compensation for im- 
 provements made before condemnation 
 by one entering with consent of other 
 cotenant. L.R.A.1916F, 991. 
 
 Extent of recovery in ejectment by tenants 
 in common against stranger. 51 L.R.A. 
 (N.S.) 50. 
 
 May jurisdiction of suit to determine in- 
 terests of cotenants in real property 
 within state rest upon constructive 
 service upon nonresident. 52 L.R.A. 
 (N.S.) 1061. 
 
 III. Bights, remedies, and liabilities as 
 to each other. 
 
 § 4» Generally. 
 
 Contribution between cotenants, see CoN- 
 
 TBIBTITIONS, § 5. 
 
 Right of one cotenant of mortgaged prop- 
 erty to maintain action for money 
 had and received for surplus received 
 by mortgagee on sale of property. 44 
 L.R.A.(N.S.) 1044. 
 
 § 9. liiability for improvemieiits and 
 repairs. 
 
 Repudiating cotenancy as affecting coten- 
 ant's right to contribution for cost of 
 improvements and repairs. L.R.A. 
 1915B, 9G1, 972. 
 
 Right of successor to share of cotenant to 
 latter's claim to allowance for im- 
 provements to common property. 45 
 L.R.A.(N.S.) 738. 
 
 IV. Transfer of interests. 
 
 § 11. Generally. 
 
 Estoppel of cotenant to assert title as 
 against purchaser from other cotenant 
 by concealing same. 48 L.R.A. (N.S.) 
 757. 
 Validity and effect of a deed by one co- 
 tenant, purporting to convey a 
 parcel in severalty to a third per- 
 son. 47 L.R.A.(N.S.) 573. 
 Validity and effect of conveyance, in 
 general, as against cotenants 
 of grantor. 47 L.R.A. (N.S.) 
 574. 
 Conveyance held void. 47 L.R.A. 
 
 (N.S.) 574. 
 Rule that deed will be given effect 
 so far as not prejudicial. 47 
 L.R.A.(N.S.) 574. 
 Conveyance held valid. 47 L.R.A. 
 
 (N.S.) 576. 
 Effect of cotenants' ratification. 
 47 L.R.A.(N.S.) 577. 
 Grantee as cotenant in whole estate, 
 
 47 L.R.A.(N.S.) 577. 
 Grantee as cotenant in parcel con- 
 veyed. 47 L.R.A.(N.S.) 577. 
 Eight of grantee, upon partition, to 
 have parcel conveyed assigned to 
 him. 47 L.R.A. (N.S.) 578. 
 
 COTENANCY, lY.— cont'd. 
 
 Estoppel of cotenants to dispute 
 grantee's title. 47 L.R.A.(N.S.> 
 580. 
 
 COTJNSi:!.. 
 
 See Attoenets. 
 
 4 « » 
 
 COUNSEL FEES. 
 
 In general, see Attoknets' Fees. 
 
 In divorce suit, see Divobce and Sepaea- 
 
 TION, V. 
 
 < ■ > 
 
 Begin with this boolc on every law question. 
 
 COUNTERCLAIM. 
 
 See Set-Off and Countebclaim. 
 
 •-»-♦ ■ 
 
 COUNTIES. 
 
 I. In general, § 1. 
 II. Nature; organisation; boundaries; 
 
 alteration, §§ 2, 3. 
 IV. Bights and powers; contracts, §§ 
 5, 6. 
 V, Duties and liabilities; indebted- 
 ness, §§ 7-11. 
 VI. Officers; county board, § 12. 
 VII. Actions affecting, § 13. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Estoppel of, see Estoppel, I. 
 
 Right of state to authorize or direct diver- 
 sion of county funds to purpose other 
 than that for which collected. L.R.A. 
 1915D, 274. 
 
 II. Nature; organisation; boundaries; 
 alteration. 
 
 § 2. Generally. 
 
 Extrinsic evidence to show unconstitution- 
 ality of statute incorporating county. 
 L.R.A.1915D, 461. 
 
 IV. Bights and powers ; contracts. 
 
 g 5. Generally. 
 
 Applicability as against county of presump- 
 tion of payment from lapse of time. 
 L.R.A.1916B, 739. 
 
 § 6. Contracts. 
 
 Estoppel of county by contract, see Estop- 
 pel, § 2 a. 
 
 Liability of county upon implied contract. 
 
 46 L.R.A.(N.S.) 921. 
 Power of board to make contract for tern 
 
 extending beyond its own term. L.R.A. 
 
 1915E, 581. 
 
INDEX TO NOTES. 
 
 139 
 
 COUNTIES, ly.— cont'd. 
 
 Eights and remedies where contracts are 
 
 invalid. L.R.A.iQlSA, 904. 
 Katification of invalid contract. L.R.A. 
 
 1915A, 1023. 
 
 T. Duties and lidbilities; itidebteclmess. 
 
 § 7. Generally. 
 
 Liability to garnishment, ' see Gaknish- 
 METTT, § 9. 
 
 Duty and liability in respect to poor per- 
 sons, see Poor and Poob Laws. 
 
 Duty to contribute to maintenance of boun- 
 dary bridge. L.R.A.1916F, 511. 
 
 § 8. For torts and negligence. 
 
 Liability for Injury by defects in bridge, 
 see Bridges, § 5. 
 
 Liability for property destroyed by mob. 
 44 L.R.A.(N.S.) 358. 
 
 Liability of county for personal injury due 
 to negligence of officer or agent at coun- 
 ty institution. L.R.A.1916B, 1263. 
 
 Liability for damage to vessel by bridge. 
 L.R.A.1915F, 1062. 
 
 § 9. VTarrants; indebtedness; claims 
 against. 
 
 Bonds of, see Bonds, III. 
 For what purpose public money may be used 
 by county, see Public Monet, § 4. 
 
 Liability of public for services of physicians 
 or surgeons rendered prisoners. 50 
 L.R.A.(N.S.) 1223. 
 
 VI. Officers; county hoard. 
 
 § 12. Generally. 
 
 Parol evidence to vary or supplement min- 
 utes of. 50 L.R.A.(N.S.) 99. 
 
 Statutes conferring powers upon municipal- 
 ities or counties In respect to their ofl5- 
 cers as a delegation of legislative pow- 
 er. L.R.A.1916D, 921. 
 
 Power of board to appoint oflScer or to make 
 contract for term extending beyond its 
 own term. L.R.A.1915E, 581. 
 
 Liability of county for personal Injury due 
 to negligence of officer at county insti- 
 tution. L.R.A.1916B, 1263. 
 
 VII. Actions affecting. 
 
 § 13. Generally. 
 
 Garnishment of, L.R.A.1916E, 1163. 
 Applicability of statute of limitations to 
 actions by. L.R.A.1916E, 97. 
 
 #« » 
 
 COTJWTS. 
 
 Election between, see Tbiai, § 10. 
 
 ♦-»-♦ ■ 
 
 COUNTY Cr£RK. 
 
 See Clerks, II. 
 
 Consult also L.B.A. Digests to date. 
 
 COUNTY TREASURER. 
 
 Bond of, see Bonds, II. d. 
 
 . 4 » » 
 
 COUPLING. 
 
 Matters as to safety appliance acts, see 
 Master and Servant, § 96. 
 
 ♦ « » 
 
 COUPONS. 
 
 On bonds, see Bonds, § 27. 
 
 ♦ » » 
 
 COURT ROOM. 
 
 Right of court to exclude public from court 
 room during criminal trial. 44 L.R.A. 
 (NjS.) 583. 
 
 §§ 
 
 COURTS. 
 
 /. In general, § 1. 
 II. Jurisdiction and powers in gener- 
 al, §§ 3-13. 
 a. In general, §§ 3—4:. 
 6. As to what matters, §§ 5—9. 
 
 c. Over what persons or hodies, 
 
 §§ 10-13. 
 
 d. Legislative power as to, § 13. 
 III. Relation to other departments of 
 
 govemtnent, §§ 14—18. 
 IV. Jurisdiction a^ affected by resi- 
 dence, citisenship, or territorial 
 limitations, §§ 19—36. 
 V. Jurisdiction as affected 
 am,ount involved, §§ 37—39. 
 VII. Various particular tribunals, 
 33-45. 
 
 a. In general, § 33. 
 
 b. State courts, §§ S3, 34. 
 
 d. Federal courts, §§ 36—44. 
 
 1. In general, §§ 36, 36a. 
 
 2. Jurisdiction, §§ 37—44. 
 
 e. Court of claims, § 45. 
 
 IX. Concurring and conflicting juris- 
 diction; relation of state to 
 Federal, §§ 48—54. 
 a. In general, §§ 48—51. 
 6. State and Federal courts, 
 §§ 53-54. 
 X. Rules of decision, §§ 55—59. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Abatement of action by pendency of ac- 
 tion In other court, see Abatement and 
 Revival, § 5. 
 
 Relation of attorneys to, see Attorneys, II. 
 
 Clerks of, see Clerks, II. 
 
 Contempt of, see Contempt. 
 
 Courts-martial, see Courts-Martial. 
 
 Property in custody of, see Custody of Law. 
 
 Evidence In, see Evidence. 
 
 Judicial notice by, esee Evidence, II. 
 
140 
 
 INDEX TO NOTES. 
 
 COURTS, 1.— cont'd. 
 
 Courts of equity, see Equity. 
 
 As to judges, see Jttdges. 
 
 Judgment of, see Judgment. 
 
 Orders of, see Motions and Orders. 
 
 Records of, see Records and Recording 
 
 Laws, III. 
 Questions for, see Trial, III. 
 
 Necessity of consent of court to entry of 
 nolle prosequi in a criminal case. 45 
 L.R.A.(N.S.)'1120. 
 
 Does privilege as to communication to or 
 information acquired by physician ex- 
 tend to physician employed by court. 
 L.R.A.1915F, 892. 
 
 //. Jurisdiction and powers in general, 
 a. In general. 
 
 § 2. Generally. 
 
 As affected by territorial limitations, see 
 ■ infra, IV. 
 
 In probate matters, see infra, § 34. 
 
 Of Federal courts, see infra, VII. d, 2. 
 
 Appellate jurisdiction, see Appeal and Er- 
 ror. 
 
 Of equity, see Equitt, I. 
 
 Of action of trover, see Trover and Con- 
 version, § 5. 
 
 Power to punish for contempt, see Con- 
 tempt. 
 
 Delegation of power to court or judge, see 
 Constitutional Law, § 16, 
 
 Removal of causes to Federal courts, see 
 Removal of Causes. 
 
 Power to call and examine witnesses, see 
 Witnesses, § 29. 
 
 As affected by mode of serving process, see 
 Writ and Process, II. 
 
 Validity of provision in contract as to place 
 where action may be brought. L.R.A. 
 1916D, 69^. 
 
 Taking steps to contest the cause on the 
 merits after a special appearance, as 
 waiver of objections to jurisdiction 
 over person. L.R.A.1916E, 1082. 
 
 § 3. Ouster of jurisdiction. 
 
 Constitutionality of statute forbidding con 
 tracts ousting jurisdiction of court, 
 48 L.R.A.{N.S.) 855. 
 Ouster of jurisdiction of courts by arbi 
 
 tration agreement. 47 .L.R.A 
 
 (N.S.) 348. 
 Surrenders of right to sue. 47 L.R.A, 
 
 (N.S.) 348. 
 Discriminations among courts. 47 
 
 L.R.A.(N.S.) 351. 
 Direct ousters. 47 L.R.A. ( N.S. ) 352. 
 All-embracing agreements. 47 L.R.A. 
 
 (N.S.) 354. 
 Independent executory agreements. 47 
 
 L.R.A. (N.S.) 358. 
 The applications of the doctrines. 47 
 
 L.R.A.(N.S.) 360. 
 
 6. As to what matters. 
 
 § 7. In cases of trust. 
 
 In enforcement of charitable trust, see 
 Charities, §§ 10, 11. 
 Begin with this hooU on every law question 
 
 COURTS, II. h— cont'd. 
 
 § 8. In annulment cases. 
 
 In divorce case, see Divorce and Separa- 
 tion, II. 
 
 § 9. Criminal cases. 
 
 As affected by territorial limitations, see 
 
 infra, § 25. 
 Power in criminal matters generally, see 
 
 Criminai. Law, IV., VI. 
 Right of court to exclude public from court 
 
 room during criminal trial. 44 L.R.A. 
 
 (N.S.) 583. 
 Power of court to suspend sentence or stay 
 
 execution of sentence. L.B,.A.1915C, 
 
 1169. 
 Jurisdiction to punish crimes committed by 
 
 or against Indians. L.R.A.1915F, 587. 
 
 c. Over what persons or 'bodies. 
 §11, Over corporations and associa- 
 tions. 
 
 Relief of member of labor union from un- 
 lawful fine or suspension. 45 L.R.A. 
 (N.S.) 353. 
 Conclusiveness of decision of tribunal of 
 mutual benefit society expelling or 
 suspending a member. 52 L.R.A. 
 (N.S.) 806. 
 In general; on the merits. 52 L.R.A. 
 
 (N.S.) 807. 
 Exceeding jurisdiction ; unauthorized 
 cause; disqualification of members 
 of tribunal. 52 L.R.A.(N.S.) 809. 
 Notice and opportunity to be heard; 
 
 charges. 52 L.R.A. (N.S.) 811. 
 Procedure; trial; evidence; form of de- 
 cision; record. 52 L.R.A. (N.S.) 813. 
 Conclusiveness of decisions of tribunals of 
 mutual benefit associations directly 
 upon claims for benefits; and duty 
 to exhaust remedies within associa- 
 tion. 52 L.R.A.(N.S.) 823. 
 Conclusiveness in general. 52 L.R.A. 
 (N.S.) 824. 
 Determination of particular fact; 
 where contract imports no lia- 
 bility apart from determina- 
 tion. 52 L.R.A.(N.S.) 830. 
 As affected by irregularities. 52 
 
 L.R.A. (N.S.) 835. 
 Where no express provision as to 
 conclusiveness ; construction. 
 52 L.R.A.(N.S.) 836. 
 English cases. 52 L.R.A. (N.S.) 839. 
 Duty to exhaust remedies within order. 
 52 L.R.A.(N.S.) 840. _ 
 Where provision permissive. 52 
 
 L.R.A. (N.S.) 841. 
 Unreasonable provisions. 52 
 
 L.R.A.(N.S.) 842. 
 When right to remedy lost or de- 
 feated; waiver. 52 L.R.A. 
 (N.S.) 843. 
 Construction of provision; appli- 
 cability to beneficiaries. 52 
 L.R.A.(N.S.) 844. 
 Necessity of exhausting remedies within or- 
 der, against decision expelling or 
 suspending a member from a mu- 
 tual benefit association. 52 L.R.A. 
 (N.S.) 817. 
 
INDEX TO NOTES. 
 
 141 
 
 COUETS, II. o—confd. 
 
 As ocmdition of restoration to member- 
 ship. 52 L.R.A.(N.S.) 818. 
 
 As a condition of action for damages. 
 52 L.E.A.(N.S.) 820. 
 
 As a condition of action for benefits.. 
 52 L.R.A.(N.S.) 821. 
 
 Where provisions for appeal within the 
 order are unreasonable or inade- 
 quate. 52 L.fe.A.(N.S.) 822. 
 
 d. Legislative, power as to. 
 
 § 13. Generally. 
 
 Delegation of power to courts by legisla- 
 ture, see Constitutional Law, § 16. 
 
 Validity of statutes establishing juvenile 
 courts. 45 L.R.A.(N.S.) 908. 
 
 Power of legislature to permit appeal to 
 court for purpose of reviewing the 
 amount of a tax assessment. L.E.A. 
 1915B, 878. 
 
 ///. Belation to other departments of 
 government. 
 
 g 14. Generally. 
 
 Del^ation of power to courts, see Consti- 
 tutional Law, § 16. 
 
 Power of legislature as to courts, see supra, 
 § 13. 
 
 Delegation of judicial power, see Constitu- 
 tional Law, V. 
 
 Appeal to court from tax assessment, see 
 Taxes, § 59c. 
 
 Eight to appeal to court from decision of 
 
 railroad commission. 49 L.E.A. 
 
 (N.S.) 565. 
 Effect of lack of provision for appeal. 
 
 49 L.E.A.(N.S.) 565. 
 Statutory provision for appeal. 49 
 
 L.E.A.(N.S.) 566. 
 Constitutional provision for appeal. 49 
 
 L.R.A.(N.S.) 568. 
 Validity of provision for appeal. 49 
 
 L.E.A.(N.S.) 570. 
 Power of courts on appeal. 49 L.E.A. 
 
 (N.S.) 572. 
 Eeview of findings of workmen's compensa- 
 tion commission. L.E.A.1916A, 178, 
 266. 
 Provision in workmen's compensation act 
 as to appeals in Scotland, where an ac- 
 tion is raised independently of the act. 
 L.E.A.1916A, 127. 
 
 §17. Execntive department. 
 
 Power of courts to enforce ministerial duties 
 of heads of departments. 52 
 L.E.A.(N.S,) 415. 
 General rules. 52 L.E.A. (N.S.) 416. 
 Cases in which power to control official 
 action is directly decided or 
 discussed. 52 L.E.A. (N.S.) 
 419. ' 
 
 In general. 52 L.E.A. (N.S.) 419. 
 Mandamus. 52 L.E.A. (N.S.) 
 
 419. 
 Injunction. 52 L.E.A. (N.S.) 
 433. 
 Consult also L.B.A. Digests to date. 
 
 COUETS, III.— cont'd. 
 
 Power of Federal courts over state 
 officers. 52 L.E.A. (N.S.) 434. 
 Cases in which power to enforce minis- 
 terial duties is assumed. 52 
 L.E.A. (N.S.) 435. 
 Introduction. 52 L.E.A. (N.S.) 435. 
 Federal heads of departments. 52 
 L.E.A.(N.S.) 435. 
 Secretary of State. 52 L.E.A. 
 
 (N.S.) 438. 
 Secretary of the Interior. 52 
 
 L.E.A.(N.S.) 435. 
 Postmaster General. 52 
 
 L.E.A.(N.S.) 436. 
 Secretary of the Treasury. 82 
 
 L.E.A.(N.S.) 436. 
 Secretary of War. 52 L.E.A. 
 
 (N.S.) 436. 
 Secretary of the Navy. 52 
 L.E.A.(N.S.) 436. 
 State heads of departments, 52 
 L.R.A.(N.S.) 436. 
 Secretary of state. 52 L.E.A. 
 
 (N.S.) 436. 
 Comptroller. 52 L.E.A. (N.S.) 
 
 438. 
 Auditor. 52 L.E.A. (N.S.) 439. 
 Treasurer. 52 L.E.A. (N.S.) 
 
 441. 
 Attorney general. 52 L.E.A. 
 
 (N.S.) 442. 
 Engineer. 82 L.E.A. (N.S.) 
 
 443. 
 Surveyor general. 52 L.E.A. 
 (N.S.) 443. 
 Power of court to inquire into the motives 
 of the governor in exercising the par- 
 doning power. 52 L.E.A. (N.S.) 113. 
 
 IT. Jurisdiction as affected 'by resi- 
 dence, citizenship, or territorial 
 limitations. 
 
 § 19. Generally. 
 
 Eight of courts of one state to enforce laws 
 or causes of action arising in another 
 state, see Conflict of Laws. 
 
 Where debt is garnishable, see Garnish- 
 ment, § 12. 
 
 Judgments of courts of sister state, see 
 Judgment, V. 
 
 Extraterritorial effect of statute limiting 
 jurisdiction in which action may be 
 brought. L.E.A.1916D, 688. 
 
 Liability of soldiers' home to process of 
 garnishment in state courts. 46 L.E.A. 
 (N.S.) 301. 
 
 Liability of municipal corporation to suit 
 outside of state in which it is situated. 
 L.E.A.1915F, 1025. 
 
 Where suit against heir by creditor of es- 
 tate which has been distributed before 
 claim accrued should be brought. L.E.A. 
 1916A, 1189. 
 
 Absence from jurisdiction of person to 
 whom writ of habeas corpus is directed 
 as affecting court's authority to issue 
 writ. 4 B. E. C. 810. 
 
142 
 
 [NDEX TO NOTES. 
 
 COURTS, IV.— cont'd. 
 
 § 21. Matters as to real property. 
 
 Jurisdiction of action at law for damages 
 for breach of contract or for tort 
 concerning real property in anotlier 
 state or country. 44 L.E.A.(N.S.) 
 267. 
 Action for breach of contract. 44 
 
 L.E.A.(N.S.) 267. 
 Action based on tort against real 
 property. 44 L.R.A.{N.S.) 
 268. 
 Actions for conversions of timber, 
 etc. 44 L.E.A.(N.S.) 268. 
 May jurisdiction of suit to determine the 
 interests of partners or cotenants in 
 real property within state, rest upon 
 constructive service upon nonresident. 
 52 L.K.A.(N.S.) 1061. 
 
 § 23. Over foreign corporation. 
 
 Jurisdiction of Federal court, see infra, VII. 
 d, 2. 
 
 § 25. Over crimes. 
 
 Offense of desertion or failure to provide 
 for wife or family as affected by resi- 
 dence of parties. 47 L.E.A.(]Sr.S.) 220. 
 
 Jurisdiction to piuiish crimes committed by 
 or against Indians. L.E.A.1915F, 587. 
 
 V. Jurisdiction as affected by amount 
 invoVved. 
 
 § 27. Generally. 
 
 Is amount of attorneys' fee expressly stipu- 
 lated for to be included in computing 
 amount involved, for purpose of ascer- 
 taining jurisdiction. 49 L.E.A. (N.S.) 
 600. 
 
 Til. Various particular tribunals, 
 a. In general, 
 
 % 32. Generally. 
 
 Conclusiveness of decisions of tribunals of 
 corporations and associations, see su- 
 pra, § 11. 
 
 As to juvenile court, see 'Juvenile Courts. 
 
 6. State courts. 
 
 § 33. Generally. 
 
 Jurisdiction generally, see supra, II. 
 
 Jurisdiction as affected by residence, 
 citizenship, or territorial limitations, 
 see supra, IV. 
 
 Jurisdiction as affected by amount involved, 
 see supra, V. 
 
 Concurring jurisdiction of state and Fed- 
 eral courts, see infra, IX. 
 
 Federal courts following state decisions, see 
 infra, § 58. 
 
 Eemoval of causes from, see Removal op 
 Causes. 
 
 JurisdiStion of state court of action by car- 
 rier to recover difference between rate 
 charged on interstate shipment and 
 proper rate. 49 L.E.A.{N.S.) 99. 
 
 Begin with this booTc on every law question. 
 
 COUETS, VII. h—con^d 
 
 § 34. Courts of probate jurisdiction. 
 
 Power to elect against will on behalf of 
 insane widow. 49 L.R.A.(N.S.) 1108. 
 
 Power to authorize lease of infant's lands 
 beyond his minority or the guardian- 
 ship. L.R.A.1916F, 500. ^ 
 
 d. Federal courts. 
 
 1. In general. 
 
 « 
 
 § 36. Generally. 
 
 Conflict of authority between state and 
 Federal courts, see infra, IX. 
 
 Federal court following state decisions, see 
 infra, § 58. 
 
 Eemoval of action to, see Eemoval of 
 Causes. 
 
 Power of Federal courts to enforce minis- 
 terial duties of state officers. 52 L.E.A. 
 (N.S.) 434. 
 
 S. Jurisdiction, 
 
 § 37. Generally. 
 
 Concurring and conflicting jurisdiction of 
 state and Federal courts, see infra, 
 IX. 
 
 Jurisdiction of actions under Federal em- 
 ployers' liabilitv act. 47 L.E.A. (N.S.) 
 67; L.E.A.1915C, 75. 
 
 Jurisdiction of Federal court of action by 
 interstate carrier to recover under- 
 charges. 49 L.E.A.(N.S.) 99. 
 
 § 44. Over crimes by or against In- 
 dians. 
 
 See Indlans, § 2. 
 
 e. Court of claims. 
 
 § 45. Generally. 
 
 Locality of offense of criminal libel. 49 
 L.R.A.(N.S.) 941. 
 
 IX. Concurring and conflicting juris- 
 diction; relation of state to Fed- 
 eral. 
 
 a. In general. 
 
 § 49. Exclusiveness of jurisdiction 
 first acquired. 
 
 What court has jurisdiction to fix attor- 
 neys' fees for services in suit by or 
 against receiver. L.E.A.1915F, 1219. 
 
 ft. State and Federal courts. 
 
 § 52. Generally. 
 
 Jurisdiction of Federal courts generally, see 
 supra, VII. d, 2. 
 
 Eight of state courts to enforce Federal emv 
 ployers' liability act. 47 L.E.A. (N.S.) 
 72; L.E.A.1915C, 75. 
 
INDEX TO NOTES. 
 
 143 
 
 COURTS, IV. h— cont'd. 
 
 § 54. Power and jurisdiction of state 
 
 court with respect to Federal 
 
 matters. 
 
 Jurisdiction to punish crimes committed by 
 or against Indians. L.R.A.lOloF, 587. 
 
 X. Rules of decision. 
 
 § 55. Generally. 
 
 Effect and conclusiveness of decision on ap- 
 peal, see Appeal and Error, IX. c. 
 
 § 58. Federal courts following state 
 decisions. 
 
 Force of state decisions as to validity of 
 contract exempting railroad company 
 from liability for burning of building 
 upon its right of way. 44 L.R.A.{N.S.) 
 1129. 
 
 Controlling effect of decisions of state court 
 affecting validity of bonds of public 
 corporation where estoppel to deny va- 
 lidity is set up. L.R.A.1915A, 981. 
 
 ♦ »» 
 
 COURTS-MARTIAIi. 
 
 Civil responsibility of members of. L.R.A. 
 
 1915A, 1170. 
 Continuance of constitutional guaranties 
 
 during war or insurrection. 45 L.R.A. 
 
 (N. S.) 996. 
 
 COVENANTS, 
 
 I. In general, § 1. 
 II. Construction; validity; effect, §§ 
 2-13. 
 III. Performance; breach; enforce- 
 ment; who liable, §§ 16—33. 
 
 a. In general, §§ 16—20. 
 
 b. Restrictive covenants and con- 
 
 ditions, §§ 21—25. 
 
 c. Covenants of seisin and of 
 
 right to convey, §§ 26, 27. 
 d.. Covenants against encutn- 
 
 brances, §§ 28—30. 
 e. Covenants of warranty and 
 
 for quiet enjoyment, §§ 31— 
 
 33. 
 
 I. In general. 
 
 % 1. Generally. 
 
 As to reservations and exceptions, see 
 
 Deeds, III. a, 2. 
 In lease, see Landlord and Tenant, III. b. 
 
 Registration of covenant under the Torrens 
 Law. L.R.A.1916D, 79. 
 
 Jurisdiction of action of covenant concern- 
 ing real property in another state or 
 county. 44 L.R.A.(N.S.) 267. 
 
 //. Construction; validity; effect. 
 
 § 2. Generally. 
 
 Against engaging in rival business, see Con- 
 tracts, IV. d. 
 Estoppel by, see Estoppel, II. 
 
 Consult also L.R.A. Digests to date. 
 
 COVENANTS, U.— cont'd. 
 
 Law governing covenant in deed or mort- 
 gage of real property. L.R.A.1916A, 
 1027. 
 
 Admissibility of parol evidence to affect 
 scope of. L.R.A.1916E, 221. 
 
 § 3. Implied covenants. 
 
 In lease, see Landlord and Tenant, § 21. 
 
 Implied building restrictions as to parcels 
 retained by the grantor. 45 L.R.A. 
 (N.S.) 962. 
 
 § 5. Restricting use of property. 
 
 Enforcement, breach and its effect, see 
 infra. III. b. 
 
 Oral or implied building restrictions as to 
 parcels retained by the grantor. 
 45 L.R.A. (N.S.) 962. 
 Introductory. 45 L.R.A. (N.S.) 963. 
 Oral agreements. 45 L.R.A. (N.S.) 963. 
 Building schemes. 45 L.R.A. (N.S.) 9^4. 
 What constitutes. 45 L.R.A. (N.S.) 
 966. 
 Sale of lots out of a tract. 45 
 
 L.R.A.(N.S.) 967. 
 Sales at auction. ' 45 L.R.A. 
 (N.S.) 969. 
 
 § 6. —validity. 
 
 Validity of restriction in a deed as to use of 
 property, inserted for purpose of secur- 
 ing a monopoly to the grantor. L.R.A. 
 1915A, 679. 
 
 ^^alidity and enforceability of covenant 
 which discriminates against persons be- 
 cause of race, color or religion. L.R.A. 
 1916B, 1208. 
 
 § 7. — construction and effect. 
 
 Effect of unrecorded agreement, not incor- 
 porated in a conveyance, restrict- 
 ing use of property, upon successor 
 to title. 49 L.R.A. (N.S.) 357. 
 
 Agreements not reported as having been 
 recorded. 49 L.R.A. (N.S.) 359. 
 
 Constructive notice of deeds of adjoin- 
 ing lots. 49 L.R.A.(N.S.) 359. 
 
 Actual knowledge of building schemes. 
 49 L.R.A.(N.S.) 359. 
 
 Miscellaneous. 49 L.R.A. (N.S.) 360. 
 
 § 7a. Restricting disposition of prop- 
 erty. 
 
 Validity and effect of provision in deed that 
 the grantee shall not sell in the lifetime 
 of the grantor. L.R.A.1916D, 930. 
 
 § 8. Of seisin. 
 
 Breach of, see infra, § 27. 
 
 Parol evidence to affect scope of. L.R.A. 
 1916E, 221. 
 
 Scope and defect of covenant of seisin where 
 the granting clause merely purports to 
 convey the interest of the grantor in 
 the property. L.R.A.1916E, 905. 
 
 § 10. Against encumbrances. 
 
 Performance and breach, see infra. III. d. 
 
 Parol evidence to affect scope of. L.R.A. 
 1916E, 221. 
 
144 
 
 INDEX TO NOTES. 
 
 COVENANTS, 11.— cont'd. 
 
 § 12. For quiet enjoyment. 
 
 Enforcement and breach, see infra. III. e. 
 
 § 13. Of warranty. 
 
 Enforcement and breach, see infra. III. e. 
 Of warranty on sale of personalty, see Sale, 
 X. XI. c. 
 
 Parol evidence to affect scope of. L.E.A. 
 1916E, 221. 
 
 Scope and effect of covenants of title, where 
 the granting clause merely purports to 
 convey the interest of the grantor in 
 the property. L.R.A.1916E, 905. 
 
 ///. Performance; 'breach; 
 ment; who liable. 
 
 a. In general. 
 
 enforce- 
 
 § 16. Generally. 
 
 Measure of damages for breach, see Dam- 
 ages, § 32. 
 
 Jurisdieljion of action for breach of covenant 
 concerning real property in another 
 state or county. 44 L.E.A. (N.S.) 267. 
 
 § 18. W^ho liable. 
 
 Personal liability of executor, adminis- 
 trator, or trustee on covenant in deed 
 executed by him. 43 L.E.A. (N.S.) 377. 
 
 g id. Wlio may enforce. 
 
 Eight of remote grantee to sue for breach 
 of covenant when covenantor had nei- 
 ther title nor possession. L.E.A.1916D, 
 613. 
 
 b. Restrictive covenants and condi- 
 tions. 
 
 § 21. Generally. 
 
 Construction, validity, 
 supra, §§ 5-7. 
 
 and effect, see 
 
 § 22, What constitutes a, breach. 
 
 Multiple residence structures as violation 
 of restrictive covenants. 45 
 L.E.A.(N.S.) 726. 
 Scope and general prmciples. 45 L.E.A. 
 
 (N.S.) 727. 
 Construction of particular forms of 
 
 covenants. 45 L.E.A. (N.S.) 
 
 728. 
 Residence purposes only. 45 L.E.A. 
 
 (N.S.) 728. 
 Dwelling house or houses. 45 
 
 L.R.A.(N.S.) 729. 
 One dwelling or a single dwelling. 
 
 45 L.E.A.(N.S.) 730. 
 One house. 45 L.E.A. (N.S.) 730. 
 One building. 45 L.E.A. (N.S.) 
 
 731. 
 Detached dwelling house. 45 
 
 L.E.A.(N.S.) 731. 
 Family residence. 45 L.E.A. (N.S.) 
 
 732. 
 Private residence or dwelling. 45 
 
 L.E.A.(N.S.) 732. 
 Tenement house. 45 L.E.A. (N.S.) 
 
 733. 
 
 COVENANTS, III. h— cont'd. 
 
 Flat or tenement house. 45 L.R.A. 
 
 (N.S.) 734. 
 Miscellaneous. 45 L.E.A.(N.S.) 
 735. 
 Application of covenants to particular 
 kinds of buildings. 45 L.E.A> 
 (N.S.) 735. 
 . Double house. 45 L.E.A. (N.S.) 
 735. 
 Divided horizontally. 45 
 
 L.E.A.(N.S.) 735. 
 Divided vertically. 45 L.E.A. 
 
 (N.S.) 736. 
 Generally. 45 L.E.A.(N.S.) 
 736. 
 Flat house. 45 L.E.A. (N.S.) 736. 
 Apartment house. 45 L.E.A. ( N.S. )■ 
 
 737. 
 Tenement house. 45 L.E.A.(N.S.) 
 737. 
 What part of a structure must be beyond 
 the line to constitute a violation of 
 a building restriction. 52 L.E.A. 
 (N.S.) 1044. 
 General restrictions. 52 L.E.A. (N.S.) 
 1044. 
 Bay windows. 52 L.E.A.(N.S.) 
 
 1044. 
 Porches and porticos. 52 L.E.A. 
 
 (N.S.) 1047. 
 Steps. 52 L.R.A.(N.S.) 1050. 
 Ornamental columns. 52 L.E.A. 
 
 (N.S.) 1050. 
 Projected story. 52 L.E.A. (N.S.) 
 
 1051. 
 Eaves. 52 L.E.A.(N.S.) 1051. 
 Awnings. 52 L.E.A. (N.S.) 1052. 
 Cellar door. 52 L.E.A. (N.S.) 1052. 
 Construction of express exceptions. 
 52 L.E.A.(N.S.) 1052. 
 Bay windows. 52 L.E.A. (N.S.) 
 
 1052. 
 Porches and porticos. 52 L.E.A. 
 
 (N.S.) 1054. 
 "Usual projections." 52 L.E.A. 
 (N.S.) 1054. 
 
 c. Covenants of seisin and of right tc 
 convey. 
 
 § 27. What constitutes a breach. 
 
 Existence of public highway, private way,, 
 or railroad right of way across 
 land at time of conveyance as 
 breach of covenants. 48 L.E.A. 
 (N.S.) 619. 
 
 Public highways. 48 L.E.A. (N.S.) 619. 
 
 Private rights of way. 48 L.E.A. (N.S.) 
 619. 
 
 Eailroad rights of way. 48 L.E.A. 
 (N.S.) 619. 
 Existence of water iig\t on land at time 
 
 of conveyance as breach. 51 L.E.A. 
 
 (N.S.) 428. 
 
 d. Covenants against encurnbrances. 
 
 § 29. What constitutes a breach. 
 
 Existence of public highway, private way, 
 -or railroad right of way across land 
 at time of conveyance as breach of 
 
 Begin with this ItooU on every law question. 
 
 covenants. 48 L.E.A. (N.S.) 619. 
 
INDEX TO NOTES. 
 
 145 
 
 COVENANTS, III. d.— cont'd. 
 
 Existence of water right on land at time 
 
 of conveyance as breach of covenant. 
 
 51 L.R.A.(N.S.) 428. 
 
 e. Covenants of warranty and for quiet 
 enjoyment. 
 
 § 32. What constitutes a breach. 
 
 Existence of public highway, private way, 
 or railroad right of way across land at 
 time of conveyance as breach of cove- 
 nants. 48 L.R.A. (N.S.) 619. 
 
 Existence of water right on land at time 
 of conveyance as breach of covenant. 
 51 L.R.A.(N.S.) 428. 
 
 ■ *—^ 
 
 COVERTUKB. 
 
 See Husband and Wife. 
 
 CREDIBILITY. 
 
 Of witness, see Witnesses, § 47. 
 « » » 
 CREDIT. 
 
 Fraud in obtaining, see Fraud and De- 
 ceit, § 11. 
 
 Guaranty, see Guaranty. 
 
 Constitution provision as to lending, see 
 Public Monet, § 4. 
 
 Contract to secure against loss by giving 
 credit as contract of insurance. 47 
 L.E.A.(N.S.) 293. 
 
 Recommendation of another as proper sub- 
 ject for credit as ground of liability. 
 L.R.A.1915A, 100. 
 
 Extension of credit on faith of apparent 
 ownership of real property by person 
 in whose name title stands as estop- 
 pel of real owner to assert title as 
 against creditors. '46 L.R.A. (N.S.) 
 1097. 
 
 Liability of one who sells business for sup- 
 plies subsequently furnished therefor on 
 credit while it is being conducted under 
 the same name. L.R.A.1915F, 711. 
 
 Discrimination in taxation between credits 
 secured by lien and those not so secured. 
 L.R.A.1915A, 185. 
 
 CREDITORS. 
 
 See Debtor and Cebditoe. 
 
 CREDITORS' BILL. 
 
 § X. Generally. 
 
 May original petition or complaint which 
 
 states no cause of action be aided by 
 
 supplemental pleading. L.R.A.1916D, 
 
 676. 
 
 Consult also L.R.A. Digests to date. 
 
 43— '16F. 10 
 
 CREMATION. 
 
 Regulation concerning cremation of human 
 bodies. 52 L.R.A. (N.S.) 408. 
 
 ♦ « > 
 
 CRIME AGAINST NATURE. 
 
 See Sodomy. 
 
 ♦ «» 
 
 CRIMES. 
 
 In general, see Criminal Law. 
 Jurisdiction over, see Courts, §§ 9, 25. 
 Various particular crimes, see Criminal 
 
 hAMf, § 4. 
 Charge of, as libel or slander, see Libel and 
 
 Slander, § 11. 
 
 4 « » 
 
 CRIMINAL CONSPIRACY. 
 
 See Conspiracy. 
 
 ■♦«» 
 
 CRIMINAL CONTEMPT. 
 
 See Contempt. 
 
 CRIMINAL CONVERSATION. 
 
 See Husband and Wife, § 68. 
 
 See 
 
 I. 
 
 II. 
 
 III. 
 
 IV. 
 
 ri. 
 
 rii. 
 
 » »» 
 
 CRIMINAL INTENT. 
 
 Criminal Law, § 6. 
 
 « ■ > 
 
 CRIMINAL LAW. 
 
 In general, §§ 1—3. 
 Various -particular crimes, § 4L. 
 Criminal liability; excuses; de- 
 fenses, §§ 5-30. 
 
 a. In general, §§ 3—33. 
 
 h. Parties to offenses, §§ 24— 89. 
 
 c. Criminal negligence, § 30. 
 Procedure, §§ 31—68. 
 
 a. In general, §§ 31—4:2. 
 
 l>. Protection and rights of ac- 
 cused generally, §§ 43-54:. 
 
 c. Arraignment; plea; motions, 
 
 §§ 55-58. 
 
 d. Former jeopardy, §§ 59—64. 
 
 e. Proof of corpus delicti, §§ 65— 
 
 68. 
 Sentence and imprisonment, §§ 
 
 71-89. 
 a. In general, §§ 71—84. 
 h. Parole; pardon, §§ 85-89. 
 Record; validity of conviction, § 
 90. 
 
J46 
 
 INDEX TO NOTES. 
 
 CRIMINAL LAW— coB.f d. 
 
 /. In general, 
 
 § 1. Generally. 
 
 As to arrest, see Akeest. 
 
 As to bail, see Bail and Recognizance. 
 
 Constitutionality of criminal statutes, see 
 
 Constitutional Law, §§ 160, 161. 
 Demand in criminal matters, see Demand, 
 
 § 6. 
 Extradition of fugitives, see Extradition. 
 As to forfeiture of property by conviction, 
 
 see EORFEITUBE. 
 
 As to habeas corpus, see Habeas Cokpus. 
 Injunction against crime, see Injunction, 
 
 § 18. 
 Injunction against criminal prosecution, see 
 
 Injunction, § 46. 
 Juvenile courts, see Juvenile Coubts. 
 Reward for arrest of criminal, see Reward. 
 As to search, see Seabch and Seizube. 
 
 Removal of officer for failure to enforce 
 criminal or penal law. 50 L.R.A. 
 (N.S.) 841. 
 
 Right of ofBcer executing criminal process 
 to take possession of evidentiary ar- 
 ticles. L.R.A.1916C, 1017. 
 
 Right to take or retain in rogues' gallery 
 picture of one accused of crime. L.R.A. 
 1916A, 743. 
 
 //. Various 'particular crimes. 
 
 % 4. Generally. 
 
 Various particular crimes, see Aboktion; 
 Abduction and Kidnapping; Adul- 
 TEET; Arson; Bastardy; Bigamy; 
 Beeach of the Peace; Bribery; Bur- 
 QLAET; Conspiracy; Defilement; 
 Disorderly Houses ; Drugs and Drug- 
 gists, § 5; Embezzlement; Enticing; 
 Extortion; False Pretenses; Foe- 
 GBBY; Fornication; Gaming; Homi- 
 cide; Husband and Wipe, § 71; Illic- 
 it Cohabitation; Incest; Infants, § 
 13; Intoxicating Liquors; Larceny; 
 Libel and Slander, § 45; Mayhem; 
 Nuisances, II. e; Perjury; Postof- 
 FioE; Rape; Receiving Stolen Prop- 
 eett; Robbery; Seduction; Sunday. 
 
 Criminal responsibility of a municipal 
 corporation, see Municipal Coepoea- 
 tions, § 101a. 
 
 Criminal liability for "shadowing"' person. 
 
 43L.R.A.(N.S.) 520. 
 Violation of municipal ordinance as a pub- 
 lic offense or crime. 48 L.R.A. 
 (N.S.) 156. 
 Introductory. 48 L.R.A. (N.S.) 156. 
 Oflfenses as "public" or "local." 48 
 
 L.R.A.(N.S.) 357. 
 Character of prosecution as civil or 
 criminal. 48 L.R.A. (N.S.) 161. 
 State decisions. 48 L.R.A. (N.S. ) 
 162. 
 Criminal liability for violation of statute 
 limiting hours of labor. 51 L.R.A. 
 (N.S.) 361. 
 Statutes prohibiting interference with tele- 
 phone lines. 50 L.R.A.(N.S.) 1216. 
 
 Begin with this took on every law question. 
 
 CRIMINAL LAW, 11.— cont'd. 
 
 Criminal responsibility for blocking street 
 or highway railroad crossing. L.R.A. 
 1915B, 329. 
 
 Indictment of woman transported in viola- 
 tion of white slave traffic act for con- 
 spiracy to violate the laws of the United 
 States. L.R.A.1915D, 281. 
 
 III. Criminal liability ; excuses; de- 
 fenses. 
 
 a. In general, 
 
 % 5. Generally. 
 
 Defense to prosecution for bribery, see Bei- 
 BERY, § 3. 
 
 Defense to prosecution for burglary, see 
 Burglary, § 4. 
 
 Defense in prosecution for assault and bat- 
 tery, see Assault and Battery, §§ 3-5. 
 
 Defense to prosecution for homicide, see 
 Homicide, IV. 
 
 Defense in prosecuton for larceny, see Lar- 
 ceny, § 8. 
 
 Defense in prosecution for libel or slander, 
 see Libel and Slander, IV. c. 
 
 Defense to prosecution for rape, see Rape, 
 
 §1. 
 
 As to self-defense, see Assault and Bat- 
 tery, § 4a; Homicide, IV. b. 
 
 ion of defense in indictment, see In- 
 dictment, etc. § 8. 
 
 Criminal responsibility of corporations, see 
 
 COEPOEATIONS, § 39. 
 
 Criminal liability for nuisance, see Nui- 
 sances, § 30. 
 
 Criminal liability for failure to provide 
 physician, see Physicians and Sur- 
 geons, § 3. 
 
 Order or decree of court requiring the do- 
 ing or omission of an act as a defense 
 to a criminal prosecution. L.R.A. 
 1916B, 767. 
 
 Criminal liability of soldiers and militia- 
 men. L.R.A.1915A, 1173. • 
 
 § 6. Criminal intent. 
 
 Effect of ignoranfce, mistake, or belief, see 
 infra, § 13. 
 
 Intent as element of homicide, see Homi- 
 cide, § 5. 
 
 Intent to return property as affecting one 
 of embezzlement or larceny. 52 L.R.A. 
 (N.S.) 1013. 
 
 Necessity of intent to defraud a, particular 
 person to constitute crime of false -pre- 
 tenses. L.R.A.1916D, '271. 
 
 Effect of intent on misbranding prohibited 
 by pure food and drugs law. L.R.A. 
 1916D, 170. 
 
 Good motive as affecting criminal charge 
 involving obscene, indecent, or pro- 
 fane language or literature. L.R.A. 
 1916B, 1121. 
 
 Prohibiting the keeping of intoxicating li- 
 quor irrespective of any intention to 
 sell it in violation of law. L.R.A, 
 , 1915D, 172. 
 
 § 7. Criminal liability of cliildren. 
 
 Juvenile courta, see Jutenile Offenders. 
 
INDEX TO NOTES. 
 
 147 
 
 CRIMINAL LAW, III. a.-—oont'd. 
 Criminal responsibility of minor for fail- 
 ure to support wife. L.R.A.1916E, 762. 
 
 § 8. Mental condition as affecting 
 criminal responsibility. 
 
 Presumption and burden of proof as to 
 sanity, see Evidence, §§ 38-40. 
 
 Sufficiency of evidence as to sanify, see Evi- 
 dence, § 316. 
 
 Knowledge that one's act is contrary to law 
 as affecting defense of insanity. L.R.A. 
 1916D, 527. 
 
 Kleptomania, as a defense to burglary or 
 larceny, 43 L.R.A. (N.S.) 150. 
 
 S 10. What intoxication will excuse 
 crime. 
 
 Intoxication as to defense to homicide, see 
 Homicide, § 22. 
 
 Giving liquor or drugs to female with view 
 to having sexual intercourse with her 
 as constructive rape or assault with 
 intent to commit rape. 46 L.R.A. 
 (N.S.) 422. 
 
 § 13. Effect of ignorance, mistake, or 
 belief. 
 
 Effect of ignorance of mental condition in 
 prosecution for rape of female of un- 
 sound mind. L.R.A.lOieF, 746. 
 
 Mistake in beverage as defense to charge of 
 illegal sale of liquor. L.R.A.1916D, 
 266. 
 
 § 16. Attempt. 
 
 Former jeopardy in retrial for substantive 
 offense after setting aside verdict for 
 attempt. 44 L.R.A. (N.S.) 1047. 
 
 § 17. — w^hat constitutes. 
 
 What constitutes attempt to discharge fire- 
 arms. 3 B. R. C. 243. 
 
 § 19. Instigation to crime; facilitat- 
 ing crime. 
 
 Instigation to crime for the purpose of de- 
 tecting criminal as a defense to prose- 
 cution. 51 L.R.A.(N.S.) 825. 
 
 § 20. Consent to crime. 
 
 Of woman to abortion as justification or ex- 
 cuse for "homicide in commission of. 
 49 L.R.A. (N.S.) 582. 
 
 For purpose of detecting criminal as a de- 
 fense to prosecution. 51 L.R.A. (N.S.) 
 825. 
 
 6. Parties to offenses. 
 
 § 24. Generally. 
 
 In sale of intoxicating liquor, see Intoxi- 
 cating Liquors, § 23. 
 
 § 25. Aiding and abetting crime. 
 
 What connection with, or participation in, 
 forgery is sufficient to render one guilty 
 of forgery. L.R.A.1916F, 1254. 
 Consult also L.R.A. Digests to date. 
 
 CRIMINAL LAW, III. h— cont'd. 
 § 26. Accessories. 
 
 Abortionist as accessory before the fact in 
 case of death. 49 L.R.A. (N.S.) 582. 
 
 § 28. Who are accomplices. 
 
 Within rule requiring corroboration of tes- 
 timony, see Evidence, § 321. 
 
 § 29. Criminal and penal liability for 
 act of copartner, servant, or 
 agent. 
 
 See also Intoxicating Liquors, § 23. 
 
 Criminal liability of master for acts of 
 
 servant. 43 L.R.A. (N.S.) 2. 
 Acts done with the master's express or 
 implied authority or with his 
 knowledge or consent. 43 
 L.R.A.(N.S.) 4. 
 
 Proof of complicity — in general. 
 43 L.R.A.(N.S.) 8. 
 
 Scope of authority. 43 L.R.A. 
 (N.S.) 10. 
 Acts done without master's knowledge 
 or authority and against his 
 orders. 43 L.R.A. (N.S.) 11. 
 
 Master's lack of knowledge of of- 
 fense. 43 L.R.A. (N.S.) 12. 
 
 Lack of master's authority or con- 
 sent. 43 L.R.A.(N.S.) 16. 
 
 Disobedience of master's orders. 
 43 L.R.A.(N.S.) 17. 
 
 Criminal intent. 43 L.R.A. (N.S.) 
 21. 
 
 Statutory provisions. 43 L.R.A. 
 (N.S.) 25. 
 
 Scope of authority. 43 L.R.A. 
 (N.S.) 30. 
 
 Constitutionality and unreason- 
 ableness. 43 L.R.A.(N.S.) 36. 
 
 Libel. 43 L.R.A.(N.S.) 37. 
 
 Criminal responsibility of corpo- 
 rations. 43 L.R.A.(N.S.) 40. 
 
 c. Criminal negligence. 
 
 § 30. Generally. 
 
 Negligent homicide, see Homicide, § 15. 
 
 IT. Procedure, 
 a. In general. 
 
 § 31. Generally. 
 
 Nature of proceeding as civil or criminal, 
 see Action or Sijit, § 6. 
 
 Right of appeal in criminal case, see Ap- 
 peal AND Error, §§ 2, 7a. 
 
 Review, on appeal, of decisions in criminal 
 cases, see Appeal and Error, VIII. 
 
 Review of facts on appeal in criminal case, 
 see Appeal and Error, § 33. 
 
 Arguments on conduct of counsel, see Ap- 
 peal AND Error, § 37; Trial, II. e. 
 
 Error as to jury or conduct of trial, see Ap- 
 peal AND Error, § 39. 
 
 Jurisdiction in criminal cases, see Courts, 
 §§ 9, 25, 44. 
 
 Dismissal of criminal prosecution, see Dis- 
 missal AND Discontinuance, § 4. 
 
 As to prosecuting attorney, see District 
 AND Prosecuting Attorney. 
 
148 
 
 INDEX TO NOTES. 
 
 CRIMINAL LAW, W. a.—confd. 
 
 Judicial notice as to criminal matters, see 
 Evidence, II. 
 
 Presumptions and burden of proof as to 
 criminal matters, generally, see Evi- 
 dence, III. 
 
 Best and secondary evidence in criminal 
 case, see Evidence, IV. 
 
 Documentary evidence in criminal case, see 
 Evidence, V. 
 
 Demonstrative evidence in criminal case, 
 see Evidence, VI. 
 
 Comparison of typewriting and finger 
 prints, see Evidence, VIII. h. 
 
 Admissibility of opinion evidence in crimi- 
 nal prosecution, see Evidence, VIII. 
 
 Admissibility of confessions, see Evidence, 
 .IX. 
 
 Admissibility of declarations of third per- 
 sons in criminal prosecution, see Evi- 
 dence, XI. 
 
 Evidence as to character or reputation, see 
 Evidence, XII. c. 
 
 Evidence of other crimes, see Evidence, § 
 275. 
 
 Relevancy of evidence in criminal cases 
 generally, see Evidence, XII. o. 
 
 Weight of evidence in criminal cases, see 
 Evidence, XIII. i. 
 
 Necessity of corroboration of accomplice, 
 see Evidence, § 321. 
 
 Matters as to grand jury, see Geand Jubt. 
 
 Termination of prosecution for purpose of 
 action for malicious prosecution, see 
 Maiicious Pbosecution, § 9. 
 
 Motion for new trial in criminal cases, see 
 New Teial. 
 
 Nolle prosequi, see Nolle Peosequi. 
 
 Instruction in criminal case, see Tbial, V. 
 
 Verdict in criminal prosecution, see Trial, 
 VIII. 
 
 Venue of criminal proseouton, see Venue. 
 
 Witnesses generally in criminal cases, see 
 Witnesses. 
 
 Impeachment of witness in criminal case, 
 see Witnesses, § 42. 
 
 Competency of husband or wife as witness, 
 see Witnesses, § 18. 
 
 Consolidated trials upon several indict- 
 ments against the same defendant. 47 
 L.R.A.(N.S.) 955. 
 
 § 35. Necessity for indictment or pre- 
 sentment. 
 
 As to requisites and sufficiency of indict- 
 ment, see Indictment, Infoemation, 
 AND Complaint. 
 
 § 36. Matters as to jury. 
 
 Discharge of jury as bar to further prosecu- 
 tion, see infra, § 63. 
 
 Selection of jury in criminal case, see JuEY, 
 III. 
 
 Denial or infringement of right to jury 
 trial, see Juey, § 6a. 
 
 Nimiber and agreement of jurors in crimi- 
 nal case, see Jury, § 15. 
 
 As to grand jury, see Geand Juey. 
 
 Effect of consent of defendant in criminal 
 case to proceeding with less than twelve 
 jurors. 46 L.R.A.(N.S.) 38. 
 
 CRIMINAL LAW, IV. a— cont'd. 
 Unauthorized view by juror or jury as 
 
 ground for new trial or reversal. 
 
 L.R.A.1915B, 705. 
 
 § 39. Matters as to judges. 
 
 Disqualification of judge, see Judges, § 3. 
 
 § 40. Poirer of public prosecutor to 
 dismiss prosecution. 
 
 Necessity of the consent of court to entry 
 of nolle prosequi in a criminal case. 
 45 L.R.A.(N.S.) 1123. 
 
 § 41. Effect of conviction or acquittal 
 generally. 
 
 Former jconviction as a, bar, see infra, 
 
 IV. d. 
 Civil death resulting from conviction, see 
 
 Civil Death. 
 
 Protection and rights 
 generally. 
 
 of accused 
 
 g 43. Generally. 
 
 Number and agreement of jurors necessary 
 to verdict, see Juey, § 15. 
 
 Right of prisoner to opportunity to con- 
 sult with his attorney. 44 L.R.A. 
 (N.S.) 1083. 
 Consultation in court. 44 L.R.A. 
 (N.S.) 1085. 
 Right of accused to complain because prose- 
 cution is conducted or assisted by an 
 unofScial member of the bar. 47 L.R.A. 
 (N.S.) 1106. 
 Right to taJse or retain in rogues' gallery 
 picture of one accused of crime. L.R.A. 
 1916A, 743. 
 
 § 44. Public trial; misconduct of 
 spectator. 
 
 Right of court to exclude public from court 
 room during criminal trial. 44 L.R.A. 
 (N.S.) 583. 
 
 § 45, Delay of prosecution as ground 
 of discharge. 
 
 Right to a speedy trial of one under con- 
 finement for another offense. L.R.A. 
 1915E, 363. 
 
 Failure to demand trial as waiver of right 
 to speedy trial in criminal case. 44 
 L.R.A.(N.S.) 871. 
 
 § 46. Presence of accused. 
 
 Waiver of presence of accused at time of re- 
 ceiving verdict upon trial for felony. 
 L.R.A.1915D, 817. 
 
 § 47. Right to meet witnesses. 
 
 Statute establishing prima facie rule of 
 • evidence as denial of right to be con- 
 fronted with witnesses. L.R.A.1915C, 
 
 725. 
 
 § 49. Self-crimination. 
 
 Admissibility of confession, see Evidencb, 
 IX. 
 
 Begin with this l)OoTc on every law question. 
 
INDEX TO NOTES. 
 
 149 
 
 CRIMINAL LAW, IV. "b— cont'd. ' I 
 
 Use in criminal proceedings of books which 
 one has been required to produce in an- 1 
 other proceeding as violation of his ' 
 right against self-crimination. 47 
 L.E.A.(N.S.) 263. 
 Conclusiveness of witness's statement that 
 answer to question against which he 
 pleads his privilege would tend to in- 
 criminate him. 49 L.R.A.(N.S.) 826. 
 
 § 52. — admissibility against accused 
 of documents or things taken 
 from him. 
 
 Effect of illegality of taking. L.R.A,1915B, 
 
 834; L.R.A.1916E, 716. 
 Compelling evidence against self. L.R.A. 
 
 1916E, 717. 
 Prosecution for carrying concealed weapons. 
 
 L.R.A.1915B, 837. 
 Shoes taken to compare with tracks. L.R.A. 
 
 1915B, 837. 
 Miscellaneous. L.R.A.1915B, 838. 
 
 c. Arraignment; plea; motions. 
 
 % 56. Pleas. 
 
 Plea of former jeopardy, see infra, IV, d. 
 
 In prosecution under statute enhancing 
 penalty for crime by habitual criminals 
 or prior offenders. 48 L.R.A. (N.S.) 
 206. 
 
 Admissibility in evidence of former plea of 
 guilty. L.R.A.1916E, 640. 
 
 Conclusiveness of plea of guilty in subse- 
 quent civil action. L.R.A.1915A, 203. 
 
 § 57. — effect of failure to give op- 
 portunity to plead. 
 
 Effect upon conviction of failure to give 
 
 accused an opportunity to plead. 
 
 45 L.R.A.(N.S.) 664. 
 Necessity of pleading in person. 45 
 
 L.R.A.(N.S.) 666. 
 After amendment to indictment or 
 
 information. 45 L.R.A. (N.S.) 667. 
 After motion to quash or demurrer. 
 
 45 L.R.A. {N.S.) 667. 
 
 ^ 58. Motion in arrest. 
 
 Mistake as to name of juror in criminal 
 case as ground for arrest of judgment. 
 47 L.R.A.(N.S.) 7*14. 
 
 liaiaing objection of duplicity in indict- 
 ment by motion in arrest of judgment. 
 49 L.R.A.(N.S.) 456. 
 
 d. Former jeopardy. 
 
 f 59. Generally. 
 
 Enhancing penalty for crimes when com- 
 mitted by habitual criminals or prior 
 offenders. 48 L.R.A. (N.S.) 204. 
 Former jeopardy in retrial for substantive 
 offense after setting aside verdict for 
 attempt. 44 L.R.A. (N.S.) 1047. 
 Defective or void sentence or judgment as 
 basis of plea of former jeopardy. 
 L.R.A.1915A, 526. 
 Consult also L.JR.A. Digests to date. 
 
 CRIMINAL LAW, IV. i— cont'd. 
 
 Decisions holding that resentence or 
 new trial is not double jeopardy. 
 L.R.A.1915A, 527. 
 Decisions holding that resentence or 
 new trial is double jeopardy. 
 L.R.A.1915A, 529. 
 Former jeopardy in case of sexual offenses. 
 L.R.A.1915A, 256. 
 
 § 60. Different offenses in same 
 transaction. 
 
 When trial is stopped for purpose of prose- 
 cution of higher or different offense. 
 44 L.R.A.(N.S.) 617. 
 Conviction or acquittal of sale of liquor as 
 a bar to a prosecution for sales made 
 prior to the first indictment. 45 L.R.A, 
 (N.S.) 977. 
 Acquittal or conviction upon a charge of 
 burglary or feloniously entering with 
 intent to steal goods of a certain per- 
 son, as a bar to a subsequent prosecu- 
 tion based on the same entry, but 
 charging intent to steal the property 
 of another person. L.R.A.1915C, 627. 
 Former jeopardy in cases of sexual offenses.- 
 L.R.A.1915A, 256. 
 Promotion or encouragement of im- 
 morality. L.R.A.1915A, 256. 
 Rape and seduction. L.R.A.1915A, 257. 
 Adultery and seduction. L.R.A.1915A, 
 
 257. 
 Rape and incest. L.R.A.1915A, 257. 
 Bigamy and adultery. L.R.A. 1915A, 
 
 259. 
 Adultery and unlawful cohabitation. 
 
 L.R.A.1915A, 259. 
 Fornication and other offenses. L.R.A 
 
 1915A, 260. 
 Miscellaneous. L.R.A.1915A, 261. 
 Assault or attempt and substantive 
 offense. L.R.A.1915A, 261. 
 
 § 63. Discharge of jury. 
 
 Effect of discharge of jury upon discovery 
 of prejudice, disqualification, or mis- 
 conduct of one or more of their num- 
 ber, to sustain a plea ot former 
 jeopardy. L.R.A.1916E, 1273. 
 
 e. Proof of corpus delicti. 
 
 § 66. What constitutes. 
 
 Arson. L.RA.1916D, 1299. 
 Larceny. L.R.A.1916B, 846. 
 
 § 67. Necessity. 
 
 Arson. L.R.A.1916D, 1299. 
 Larceny. L.R.A.1916B, 846. 
 Rape. L.R.A.1916B, 748. 
 
 § 68. Character and sufiBciency. 
 
 Arson. L.E.A.1916D, 1299. 
 Larceny. L.R.A.1916B, 846. 
 
 To corroborate confession. L.R.A. 
 1916B, 848. 
 Rape. L.R.A.1916B, 748. 
 
 In connection with confession. L.R.A. 
 1916B, 748. 
 
150 
 
 INDEX TO NOTES. 
 
 CRIMINAL -LAm— cont'd. 
 
 VI. Sentence and imprisonment, 
 a. In general. 
 
 § 71. Generally. 
 
 Constitutionality of statute as to, see Con- 
 stitutional Law, § 161. 
 
 Punishment for contempt, see Contempt, 
 § 13. 
 
 Punishment for offenses as to intoxicating 
 liquors, see Intoxicating Liquoks, § 
 35. 
 
 Habeas corpus to procure release of one im- 
 properly confined, see Habeas Corpus. 
 
 Escape from prison, see Jails and Pbisons, 
 § 6. 
 
 Defective or void sentence as basis of plea 
 of former jeopardy. L.R.A.1915A, 526. 
 
 Eight of accused to show unchastity of 
 prosecutrix in statutory rape in miti- 
 gation of punishment. 48 L.R.A. (N.S.) 
 278. 
 
 Voluntariness of confession induced by hope 
 of mitijcation of punishment. 50 L.R.A. 
 (N.S.) 1086. 
 
 § 72. Of insane person. 
 
 Imprisonment of insane person on acquittal 
 as cruel and unusual punishment, 
 L.R.A.1915C, 565. 
 
 § 77. Right to compel prisoner to 
 labor. 
 
 As cruel punishment. L.R.A.1915C, 562. 
 
 § 78. Cruel and nnusual pnnisbment. 
 
 General principles governing punishments. 
 
 L.R.A.1915C, 558. 
 Cruel and unusual. L.E.A.1915C, 558. 
 Legislsitive control. L.R.A.1915C, 559. 
 Discretion of court. L.R.A.1915C, 560. 
 Nature of punishments. L.R.A.1915C, 560. 
 Penitentiary. L.E.A.1915C, 560. 
 Transfer from reformatory to state 
 
 prison. L.R.A.1915C, 560. 
 Indeterminate sentence. L.R.A.1915C, 
 
 560. 
 Capital punishment ; electrocution. 
 L.R.A.1915C, 561. 
 
 Crimes committed by convicts. 
 L.R.A.1915C, 561. 
 Convict labor. L.E.A.1915C, 562. 
 Hard labor. L.R.A.1915C, 562. 
 House of correction; training school. 
 
 L.E.A.1915C, 563. 
 Imprisonment for costs. L.R.A.1915C, 
 
 563. 
 Fines. L.R.A.1916C, 563. 
 Statute fixing no maximum punish- 
 ment. L.R.A.1915C, 565. 
 Bread and water. L.R.A.1915C, 565. 
 Imprisonment of insane person on 
 
 acquittal. L.R.A.1915C, 565. 
 Disbarment of attorney. L.R.A.1915C, 
 
 565. 
 Forfeiture. L.R.A.1915C, 565. 
 Punishment for particular crimes. L.R.A. 
 
 1915C, 565. 
 Abortion. L.R.A.1915C, 565. 
 Assault and battery. L.R.A.1915C, 565. 
 
 L.R.A.1915C, 570. 
 concealed weapons. 
 
 L.R.A. 
 
 nonsupport. L.R.A. 
 
 L.E.A. 
 
 Begin with this hooTc on every laic question. 
 
 CRIMINAL LAW, VI. a— cont'd. 
 Bribery. L.E.A.1915C, 566. 
 Burglary. L.R.A.1915C, 566. 
 Conspiracy; blackmail. L.R.A.1915C, 
 
 566. 
 Disorderly houses and persons. L.R.A. 
 
 1915C, 566. 
 Fishery and game law offenses. L.R.A. 
 
 1915C, 566. 
 Larceny. L.R.A.1915C, 567. 
 Lottery. L.R.A.1915C, 567. 
 Liquor law offenses. L.R.A.1915C, 567. 
 Murder and manslaughter. L.R.A. 
 
 1915C, 569. 
 Rape. L.R.A.1915C, 569. 
 Robbery. L.R.A.1915C, 569. 
 Unlawful publications. L.R.A.1915C, 
 
 569. 
 Unlawful use of mails. L.R.A.1915C, 
 
 569. 
 Violation of ordinances. L.R.A.1915C, 
 
 569. 
 Contempt. 
 Carrying 
 
 1915C, 570. 
 Desertion and 
 
 1915C, 570. 
 Gambling. L.R.A.1915C, 570. 
 Libel. L.R.A.1915C, 570. 
 Disturbing religious meeting. 
 
 1915C, 570. 
 Embezzlement. L.R.A.1915C, 570. 
 Malicious mischief. L.R.A.1915C, 570. 
 Usury. L.R.A.1915C, 570. 
 Miscellaneous. L.R.A.1915C, 570. 
 Extent of United States Constitution. 
 L.R.A.1915C, 570. 
 
 § 79. Effect of escessive sentence. 
 
 General rule. 51 L.R.A. (N.S.) 373. 
 Effect of application for habeas corpus. 51 
 L.R.A.(N.S.) 374. 
 
 Sentence void, prisoner discharged or 
 remanded for proper sentence. 51 
 L.RA.(N.S.) 375. 
 
 Discharge refused. 51 L.R.A. (N.S.) 
 376. 
 
 Until legal sentence is served. 51 
 L.R.A.(N.S.) 377. 
 
 Discharged, proper sentence having 
 been served. 51 L.R.A. (N.S.) 379. 
 Effect on appeal or on writ of error. 51 
 L.R.A.(N.S.) 381. 
 
 In general. 51 L.R.A. (N.S.) 381. 
 
 Sentence reversed, prisoner discharged. 
 51 L.R.A.(N.S.) 381. 
 
 Prisoner discharged, legal sentence hav- 
 ing been served. 51 L.R.A. (N.S.)' 
 382. 
 
 Sentence corrected or modified. 51 
 L.R.A.(N.S.) 382. 
 
 Judgment modified, with directions to- 
 lower court to resentence. 51 
 L.R.A.(N.S.) 386. 
 
 Case remanded for proper judgment. 
 51 L.R.A.(N.S.) 386. 
 
 Judgment reversed and new trial grant- 
 ed. 51 L.R.A.(N.S.) 388. 
 
 Judgment reversed, but case not re- 
 manded. 51 L.R.A.(N.S.) 388. 
 
 Miscellaneous. 51 L.R.A. (N.S.) 388. 
 On certiorari. 51 L.R.A. (N.S.) 388. 
 
INDEX TO NOTES. 
 
 15) 
 
 CRIMINAL LAW, VI. a— cont'd. 
 English, Canadian, and Philippine decisions. 
 51 L.R.A.{N.S.) 389. 
 
 § 80a. Indeterminate sentence. 
 
 As cruel and unusual punishment. L.E.A. 
 1915C, 560. 
 
 § 81. Kedaction of term for good be- 
 havior. 
 
 Time allowance to prisoner whose sentence 
 lias been commuted from life to a, 
 term of years. L.R.A.1915B, 95. 
 
 § 83. Enhancing penalty nrhen crime 
 committed by habitual criminals 
 or prior offenders. 
 
 Validity of statutes. 48 L.R.A.(N.S.) 204. 
 Identity of offenses. 48 L.R.A.(N.S.) 205. 
 Necessity of alleging former conviction. 48 
 
 L.E.A.(N.S.) 205. 
 Pleas. 48 L.R.A.(N.S.) 206. 
 Time of conviction of first offense. 48 
 
 L.R.A.(N.S.) 206. 
 Proof. 48 L.R.A.(N.S.) 206. 
 
 Information developed by "examination 
 
 before sentence" under New York 
 
 Penal Code. 48 L.R.A.(N.S.) 206. 
 
 Availability of same convictions for different 
 
 prosecutions. 48 L.E.A.(N.S.) 207. 
 Verdict and judgment. 48 L.R.A.(N.S.) 
 
 207. 
 Miscellaneous. 48 L.R.A.(N.S.) 207. 
 
 § 84. Suspension of sentence. 
 
 Power of court to suspend sentence or stay 
 execution of sentence. L.R.A. 
 1915C, 1169. 
 
 Power to suspend sentence. L.R.A. 
 1915C, 1169. 
 Temporarily. L.R.A.1915C, 1169. 
 Indefinitely. L.R.A.1915C, 1170. 
 Statutes regulating suspension. 
 L.E.A.1915C, 1170. 
 
 Power to sentence after suspension. 
 L.R.A.1915C, 1172. 
 
 Power to stay execution of sentence. 
 L.R.A.19a5C, 1173. 
 
 Power to enforce after stay of execu- 
 tion. L.R.A.1915C, 1174. 
 
 ft. Parole; pardon. 
 
 § 85. Generally. 
 
 Validity of contract to procure pardon, 
 parole or commutation of sentence. 
 L.R.A.1916D, 580. 
 
 Constitutionality of restrictions upon gov- 
 ernor's pardoning power. L.R.A.1915F, 
 519. 
 
 Power of court to inquire into the motives 
 of the governor in exercising the par- 
 doning power. 52 L.R.A. (N.S.) 113. 
 
 Pardon by lieutenant governor or governor 
 pro tem. 47 L.R.A. (N.S.) 1036. 
 
 § 86. Parole; conditional pardon. 
 
 Prisoner under parole as fugitive subject to 
 extradition. 51 L.R.A.(N.S.) 672. 
 
 Constitutionality of statutes establishing 
 parole system. L.R.A.1915F, 531. 
 Consult also L.B.A.. Digests to date. 
 
 CRIMINAL LAW, VI. h— cont'd. 
 Revocation for condition broken, of condi- 
 tional pardon or parole, without 
 notice or hearing. L.R.A.1915F, 
 541. 
 The general rule. L.R.A.1915F, 542. 
 After a second conviction. L.R.A 
 
 1915F, 543. 
 Practice. L.R.A.1915F, 543. 
 Where breach of condition is a statu- 
 tory offense. L.R.A.1915F, 545. 
 Where power to revoke is reserved in 
 
 the grant. L.R.A.1915F, 545. 
 Where statute provides for prisoner's 
 return without hearing. 
 L.R.A.1915F, 546. 
 Conditional pardons. L.R.A. 1915F, 
 
 546. 
 Paroles. L.R.A.1915F, 547. 
 
 § 88. Effect of pardon. 
 
 Pardon as affecting liability for costs. 43 
 L.R.A.(N.S.) 207. 
 
 Pardon or commutation of sentence as af- 
 fecting competency of witness convicted 
 of crime. 47 L.R.A. (N.S.) 206. 
 
 Pardon or commutation as affecting proof 
 of conviction to impeach credibility of 
 witness. 47 L.R.A.(N.S.) 215. 
 
 § 89. — on fine, forfeiture, or costs. 
 
 Effect of pardon on liability for costs. 43 
 L.R.A.(N.S.) 207. 
 
 VII. Record,; validity of conviction. 
 
 § 90. Generally. 
 
 Failure of record to show that grand jury 
 was sworn. 49 L.R.A. (N.S.) 1215. 
 
 Sufficiency of showing. 49 L.R.A. 
 (N.S.) 1217. 
 
 Waiver of objection. 49 L.R.A. (N.S.) 
 1217. 
 
 CKIMINAL lilABIIilTY. 
 
 See Chimin AL Law, III. 
 
 CBIMINAI. NEGLIGENCE. 
 
 See Cbiminal Law, § 30; Homicide, § 15. 
 
 CBIMINALS. 
 
 In general, see Criminal Law. 
 Competency of, as witnesses, see Witnesses, 
 § 10. 
 
 CRIMINATION OF SELF. 
 
 See Criminal Law, § 49. 
 
152 
 
 INDEX TO NOTES. 
 CRIPPLE. CROSS-EXAMINATION. 
 
 Of witnesses, see Witnesses. 
 
 Duty of carrier to accept, as passenger 
 L.E.A.1915E, 789. 
 
 ■« » » 
 
 CRITICISM. 
 
 As libel, see Ijbel and Slakdeb, § 15. 
 
 CROPPERS. 
 
 Cropper's abandonment of crop as affecting 
 rights and interests therein. 46 
 L.E.A.(N.S.) 53. 
 
 CROPS. 
 
 § 1. Generally. 
 
 Measure of damages for injury to, or de- 
 struction of, see Damages, § 74. 
 
 Does guaranty of value of crops grown 
 constitute insurance. 47 L.E.A. (N.S.) 
 296. 
 
 Validity and construction of statutory 
 regulations as to infected crops. 43 
 L.R.A.(N.S.) 1080; L.E.A.1915r, 894. 
 
 As subject of larceny. 49 L.K.A. (N.S.) 
 966, 969. 
 
 § Z. Right or title to. 
 
 Tenant's rights as to, see Landlord and 
 Tenant, § 52. 
 
 § 2a. Abandonment of. 
 
 Tenant's or cropper's abandonment of crop 
 as affecting righte and interests 
 therein. 46 L.E.A.(N.S.) 53. 
 Introduction. 46 L.E.A.(N.S.) 53. 
 Voluntary abandonment, 46 L.E.A. 
 (N.S.) 53. 
 Croppers. 46 L.E.A. (N.S.) 53. 
 Tenants. 46 L.E.A. (N.S.) 55. 
 Eights of landlord or tenant 
 in general. 46 L.E.A. 
 ' (N.S.) 55. 
 Eights as against purchaser, 
 creditor, or lienor. 46 
 L.R.A.(N.S.) 56. 
 Miscellaneous. 46 L.E.A. (N.S.) 
 58. 
 Involuntary abandonment. 46 L.E.A. 
 (N.S.) 59. 
 
 § 6. Replevin or trover for. 
 
 Jurisdiction of action for conversion of, 
 from land in another state or country. 
 44 L.E.A.(N.S.) 268. 
 
 CROSS BILLS. 
 
 See Plbadincs, § 39. 
 
 <« » 
 
 CROSSING. 
 
 As to railroad crossing, see Eailboads, 
 31, 33, 62, 81-84. 
 
 CROSSWALKS. 
 
 Liability of municipality for injuries from 
 unevenness in. 43 L.E.A. (N.S.) 1158. 
 
 CROWD. 
 
 Carrier's liability for overcrowded cars, see 
 
 Caebiees, § 74. 
 See also Cetjsh. 
 
 CRUDE OIL. 
 
 Effect on rights of innocent mortgagee of 
 seizure of oil under internal revenue 
 laws. L.E.A.1916E, 352. 
 
 CRUEL AND UNUSUAL PUNISH- 
 MENT. 
 
 See Criminal Law, § 78. 
 
 *-•-• 
 
 CRUELTY. 
 
 As ground of divorce, see Divorce and Sep- 
 aration, § 25. 
 
 CRUSH. 
 
 See also Crowd. 
 
 Injury by crush in entering car at elevated 
 or subway station. 51 L.E.A. (N.S.) 
 ' 1152. 
 
 CULM. 
 
 Burning culm, as a nuisance. 
 (N.S.) 244. 
 
 48 L.E.A. 
 
 CULVERTS. 
 
 Duty of railroad to fence as requiring bar- 
 rier across culvert or under bridge. 
 6 B. R. C. 182. 
 
 Begin with this hoojc on every larv question. 
 
INDEX TO NOTES. 
 
 153 
 
 CULVERTS— oo»t'd. 
 
 Duty of railroad company to maintain safe- 
 guards to prevent employees from fall- 
 ing off or through culverts. 50 L.K.A. 
 (N.S.) 549. 
 
 CUMULATIVE EVIDENCE. 
 
 As ground for new trial, see New Teial, 
 §11. 
 
 CURATIVE ACT. 
 
 In general, see Constitutional Law, § 9. 
 
 CURTESY. 
 
 § 1. Generally. 
 
 Succession tax upon. L.R.A.1916C, 675. 
 
 Husband's insurable interest in wife's prop- 
 erty as tenant by the curtesy. 45 
 L.K.A.(N.S.) 1131. 
 
 Bar of curtesy by adverse possession. 52 
 L.R.A.(N.'S.) 535. 
 
 g 3. Rights of tenant by. 
 
 Rights of husband as tenant by the curtesy 
 initiate. L.R.A.1915D, 996. 
 In general. L.R.A.1915D, 997. 
 To occupy land and receive 
 
 L.R.A.1915D, 999. 
 To sell estate. L.R.A.1915D, 9! 
 In general. L.R.A.1915D, 
 By voluntary transfer. 
 
 1915D, 1000. 
 For husband's debts. L.R.A.1915D, 
 1000. 
 To maintain action for possession. 
 
 L.R.A.1915D, 1001. 
 Effect of "married women's acts." 
 L.R.A.1915D, 1004. 
 To abolish the estate. L.R.A.1915D, 
 
 1004. 
 To limit husband's rights. L.R.A. 
 
 1915D, 1007. 
 To abolish all estates by the cur- 
 tesy. L.R.A.1915D, 1009. 
 
 profits. 
 
 999. 
 L.R.A. 
 
 CURTILAGE. 
 
 Constitutional or statutory exemption of 
 dwelling house from condemnation pro- 
 ceedings as including the curtilage. 
 L.R.A.1916A, 1102. 
 
 CURVES. 
 
 Discharging street car passenger on. L.R.A. 
 
 1915C, 609. 
 Presumption of negligence from injury to 
 
 passenger while passing over. L.R.A. 
 
 1916C, 376. 
 Consult also L.B.A. Digests to date. 
 
 CUSTODIAN. 
 
 Tender of railroad fare by. L.R.A.1915E, 
 313. 
 
 CUSTODY. 
 
 Of children of divorced persons, see Divoece 
 
 AND SBaPAKATION, Vll. 
 
 Of infant, generally, see Intants, II. a. 
 
 CUSTODY OF LAW. 
 
 § 2. Seizure or sale of property in. 
 
 Claiming, or taking possession of, property 
 from officer who has seized it under a 
 writ. 47 L.R.A.(N.S.) 1146. 
 
 § 3. — judicial seizure or sale. 
 
 Right to garnish or attach proceeds of 
 execution sale in the hands of the sher- 
 iff. 43 L.R.A.(N.S.) 571. 
 
 » » » 
 
 CUSTOM AND USAGE. 
 
 § 1. Generally. 
 
 Admissibility of evidence as to, see Evi- 
 dence, § 247. 
 
 Effect of, on question of right of way as 
 between street car and vehicle at point 
 where streets bisect or intersect. 49 
 L.R.A.(N.S.) 512. 
 
 § 2. As to negligence. 
 
 Of servant, see infra, § 4. 
 
 Right of one on railroad track to rely on 
 custom to move trains on certain track 
 only in one direction. L.R.A.1916D, 
 706. 
 
 Of person injured, as affecting recovery 
 from one negligently causing the in- 
 jury. 48 L.R.A.(N.S.) 119. 
 
 Admissibility of evidence as to habits or 
 custom of one injured or killed on the 
 question of his own negligence or free- 
 dom from negligence. L.R.A.1916B,^ 
 827. 
 
 g 3. Of master or servant. 
 
 § 4. — as to negligence. 
 
 Contributory negligence as affected by il- 
 legal or negligent custom of servants. 
 47 L.R.A.(N.S.) 909. 
 
 § 7. Of banks. 
 
 Rule or custom of clearing-house relating 
 to time for presentation of checks as 
 affecting liability of collecting bank. 
 50 L.R.A.(N.S.) 542. 
 
 Effect of banking customs and usages on 
 liability of collecting bank for default 
 of correspondent. 52 L.R.A. (N.S.) 637. 
 
 Validity of custom to send paper directly 
 to drawee for collection. 52 L.R.A. 
 (N.S.) 649. 
 
154 
 
 INDEX TO NOTES. 
 
 CUSTOM AND VSAGIK— cont'd. 
 § 8. Of carriers. 
 
 As affecting liability of baggage transfer 
 company. L.E.A.1916D, 1205. 
 
 § 12. Insurance cases. 
 
 As affecting waiver by officer of subordinate 
 lodge of forfeiture for nonpayment of 
 assessments. L.R.A.1915E, 154. 
 
 •-•-♦ ■ 
 
 CUSTOMERS. 
 
 Conspiracy to divert, see Conspieacy, II. 
 
 Liability of individual in the absence of 
 any element of conspiracy for driving 
 away another's customers. L.R.A. 
 1915B, 1180. 
 
 Liability for injury to clothing worn by. 
 43 L.R.A.(N.S.) 328. 
 
 CUSTOM OF rONDON. 
 
 As to actionability in charging woman with 
 unchastity. 48 L.R.A.(N.S.) 615. 
 
 CYCLONE. 
 
 Causes of loss covered by cyclone insurance. 
 L.R.A.1915B, 1094. 
 
 CY FBES. 
 
 Doctrine of, see Chaeities, § 11. 
 
 DAMAGES. 
 
 /. In general; nominal damages; 
 mitigation or aggravation, 
 §§ 1-12. 
 a. In general, §§ 1, S. 
 6. Mitigation ; reduction; Tceeping 
 down damages, §§ 3—11. 
 II. Punitive or exemplary, §§ 13—19. 
 III. Measure of compensation, §§ 80— 
 119. 
 a. In general, § 30. 
 6. On contracts, §§ 21—40. 
 
 1. In general, §§ 21—26. 
 
 2. Bonds, §§ 27—29. 
 
 3. As to real property, §§ 
 
 30-34:. 
 
 4. Sales of personalty; war- 
 
 ranty, §§ 35-37. 
 B. Penalty; liquidated dam- 
 ages, §§ 38-4:0. 
 e. Telegraph ca^es, § 41. 
 
 d. Against carrier, §§ 42—47. 
 
 e. Torts generally, § 48. 
 
 f. Fraud, § 49. 
 
 g. Sexual offenses; hreach of 
 
 prom-ise; sedimtion; criminal 
 conversation ; alienation of 
 affections, §§ SO-SOb 
 
 DAMAGES) III.— cont'd. 
 
 i. Assault; false imprisonment; 
 malicious prosecution; abuse 
 of process, §§ 52—55. 
 
 j. Libel or slander, § 56. 
 
 fc. Personal injuries, §§ 57—64. 
 
 I. Death, §§ 65-67. 
 
 m. Injury to or detention of per- 
 sonal property; conversion, 
 §§ 68-70. 
 
 n. Injury to, or detention of, real 
 property, §§ 71—79. 
 
 1. In general, §§ 71-73. 
 
 2. Injxiry to, or destruction 
 
 of, crops or trees, §§ 74, 
 75. 
 
 3. Injury to water rights; 
 
 overflow; pollution, §§ 
 76-79. 
 o. Nuisance, § 80. 
 q. Condem.<nation or depreciation 
 in value by em,inent do- 
 main, §§ 82—93. 
 1. In general, §§ 82—86. 
 3. Consequential injuries, 
 
 §§ 87, 88. 
 3. As to abutting owners, §§ 
 89, 90. 
 t. Mental anguish, §§ 96—106. 
 
 1. In general, §§ 96—101. 
 
 2. As to telegrams, §§ 102, 
 
 103. 
 8. Carriers' cases, §§ 104- 
 106. 
 u. Loss of profits, §§ 107—118. 
 
 1. In general, §§ 107—113. 
 
 2. For breach of contract, 
 
 §§ 114-118. 
 V. Prospective, § 119. 
 
 I. In general; nominal damages; miti- 
 gation or aggravation. 
 
 a. In general. 
 
 § 1. Generally. 
 
 Opinion evidence as to, see Evidence, § 194. 
 Relevancy and materiality of evidence as to, 
 
 see Evidence, XII. 1. 
 Interest on sum allowed as damages, see In- 
 
 TEEEST, § 6. 
 Excessiveness of damages as ground for 
 
 new trial, see New TBial, § 5. 
 Proximate cause of, see Peoximate Cause. 
 Power to limit the issues to question of 
 
 damages in granting new trial. L.E.A. 
 
 1915E, 250, 260. 
 
 § 2. Nominal damages. 
 
 Right to recover nominal damages in statu- 
 tory action for death where pecuniary 
 loss is not shown. L.R.A.1916E, 139, 
 177, 192. 
 
 6. Mitigation; reduction; Tceeping down 
 damages. 
 
 g 3. Generally. 
 
 Of damages for abduction of child. ' 45 
 
 L:fe.A.(N.S.) 874. 
 
 Reasonable and probable cause of suspicion 
 
 as mitigating damages for false 
 
 imprisonment. 45 L.R.A. (N.S.) 65. 
 
 Of punitive damages. 45 L.E.A. (N.S.) 
 
 65. 
 
 Begin with this boole. on every law question. 
 
INDEX TO NOTES. 
 
 155 
 
 BAMAGES, I. b— cont'd. 
 
 Of compensatory damages. 45 L.R.A. 
 (N.S.) 65. 
 
 May benefits from nuisance be set off 
 against damages. 45 L.E.A.(N.S.) 773. 
 
 Showing in mitigation of damages that po- 
 lice oiEcer committing wrongful act is 
 acting under orders of superior. 50 
 L.R.A.(N.S.) 989. 
 
 Right of defendant to prove, in mitigation 
 of damages, facts which he is estopped 
 to set up in bar of the action. 52 
 L.R.A.(N.S.) 1192. 
 
 :§ 7. For personal injury. 
 
 Effect of intervening act or neglect on re- 
 covery for personal injury. 48 L.R.A. 
 (N.S.) 105. 
 Duty of injured person to follow advice or 
 instructions of physician or sur- 
 geon. 48 L.R.A.(N.S.) 110. 
 Duty to submit to operation. 48 L.R.A. 
 (N.S.) 111. 
 Xiiability of one causing personal injury as 
 affected by negligence or unskilfulness 
 of attending physician or surgeon. 48 
 L.R.A.(N.S.) 116. 
 Pre-existing disease or condition of persan 
 injured as affecting recovery from 
 one negligently causing the injury. 
 48 L.R.A.(K.S.) 119. 
 Specific disease or condition. 48 L.R.A. 
 (N.S.) 121. 
 Alcoholism or other discreditable 
 condition. 48 L.R.A. (N.S.) 121. 
 Previous injuries. 48 L.R.A. 
 
 (N.S.) 122. 
 Latent disease or weakness. 48 
 
 L.R.A.(N.S.) 123. 
 Existing disease or weakness. 48 
 
 L.R.A.(N.S.) 124. 
 Where death ensues. 48 L.R.A. 
 (N.S.) 126. 
 
 ;§ 9. For libel or slander. 
 
 For libel or slander reflecting on integrity 
 
 or responsibility of merchant. 44 
 
 L.R.A.(N.S.) 354. 
 Intoxication of defendant as mitigating 
 
 damages for libel or slander. 51 L.R.A. 
 
 (N.S.) 1198. 
 
 § 9a. For conversion. 
 
 Return of property as mitigating damages 
 for conversion. 49 L.R.A.(N.S.) 931. 
 Unaccepted tender; duty to accept ten- 
 der. 49 L.R.A.(N.S.) 932. 
 Power of the court to order a return. 
 49 L.R.A.(N.S.) 935. 
 
 ^ 10. For injnry to real property. 
 
 Duty of property owner to minimize dam- 
 ■ ages from change of grade. 44 L.R.A. 
 (N.S.) 301. 
 Hitigation of damages for property de- 
 stroyed by mob. 44 L.R.A. (N.S.) 361. 
 
 "% lOa. — by Tirater. 
 
 "Tlie duty of owner Or tenant to protect 
 crops from backwater. 49 L.R.A. 
 (N.S.) 760. 
 ■Consult also L.B.A. Digests to date. 
 
 DAMAGES— oo»t'<l. 
 
 II. Punitive or exenvplary, 
 
 § 13. Generally. 
 
 Reasonable and probable cause of suspicion 
 as mitigating punitive damages for 
 false imprisonment. 45 L.R.A. (N.S.) 65. 
 
 For breach of contract of partnership. 51 
 L.R.A.(N.S.) 81. 
 
 Exemplary damages in action to recover 
 for mental anguish in telegraph case. 
 49 L.R.A. (N.S.) 291. 
 
 Right to recover exemplary or punitive 
 damages for breach of contract, other 
 than contract to marry and actions on 
 statutory-bonds. 3 B. R. C. 115. 
 
 § 14. For act of servant. 
 
 Master's liability to exemplary damages 
 for act of servant. 48 L.R.A. 
 (N.S.) 35. 
 
 The rule of absolute nonliability. 48 
 L.R.A.(N.S.) 35. 
 
 The rule of general liability. 48 L.R.A. 
 (N.S.) 38. 
 
 Application of rule of general lia- 
 bility. 48 L.R.A.(N.S.) 42. 
 
 The rule of exceptional liability. 48 
 L.R.A.(N.S.) 45. 
 
 Application of rule of exceptional lia- 
 bility. 48 L.R.A.(N.S.) 47. 
 
 Master's participation in, or authoriza- 
 tion or direction of servant's act. 
 48 L.R.A.(N.S.) 50. 
 
 Master's vicious instruction or system. 
 48 L.R.A.(N.S.) 52. 
 
 Liability by knowingly employing un- 
 fit servant. 48 L.R.A.(N.S.) 53. 
 
 Liability by ratification — in general. 
 48 L.R.A. (N.S.) 54. 
 
 Ratification by failure to discharge of- 
 fending servant. 48 L.R.A. (N.S.) 
 57. 
 
 Exemplary damages in libel cases. 48 
 L.R.A.(N.S.) 62. 
 
 § 15. Against carrier. 
 
 Carrier's liability to exemplary damages 
 
 for act of servant. 48 L.R.A. (N.S.) 35. 
 
 For assault by servant on passenger. 
 
 L.R.A.1915E, 671. 
 For wrongful ejection of sick or intoxicated 
 
 passenger. L.R.A.1915C, 146. 
 Right of passenger to recover punitive dam- 
 ages for default or delay in running 
 railroad train. 49 L.R.A. (N.S.) 434. 
 Liability of carrier for punitive or exem- 
 plary damages for refusal or fail- 
 ure to transport passengers. 
 L.R.A.1915C, 477. 
 Failure to stop for passenger. L.R.A. 
 
 1915C, 477. 
 Refusal to admit passenger to car. 
 
 L.R.A.1915C, 479. 
 Causing passenger to alight short of 
 
 destination. L.R.A.1915C, 480. 
 Not giving time to board car. L.R.A. 
 
 1915C, 481. 
 Failure to run trains. L.R.A. 1915C, 
 482. 
 
156 
 
 INDEX TO NOTES. 
 
 DAMAGES, n.—oonfd. 
 
 Delay after commencement of journey. 
 
 L.RA.1915C, 482. 
 Miscellaneous cases. I(.E.A.1915C, 
 
 483. 
 
 § 16. For torts generally. 
 
 For delaying person by blocking railroad 
 crossing. 44 L.R.A.(N.S.) 1071; L.R.A. 
 1915E, 336. 
 
 For abductment or enticement of child. 45 
 L.R.A.(N.S.) 874. 
 
 For unlawful seizure of mortgaged chattels 
 by mortgagee assuming to act under 
 mortgage. L.R.A.1915B, 199. 
 
 For acts of live stock inspectors. L.R.A. 
 1915B, 1015. 
 
 § 16b. For lil>e! or slander. 
 
 For libel or slander reflecting on integ- 
 rity or responsibility of merchant. 44 
 L.R.A.(N.S.) 354. 
 
 Master's liability for exemplary damages 
 for libel by servant. 48 L.R.A.(N.S.) 
 62. 
 
 ///. Measure of compensation. 
 
 a. In general. 
 
 g 20. Generally. 
 
 Agreement that amount of, shall be deter- 
 mined by arbitration or appraisal. 47 
 L.R.A.(N.S.) 385. 
 
 Measure of compensation to mortgagee in 
 possession for repairs or improvements. 
 49 L.R.A.(N.S.) 129. 
 
 b. On contracts. 
 
 1. In general. 
 
 § 21. Generally. 
 
 With telegraph company, see infra, §§ 41, 
 
 102, 103. 
 With carrier, see infra, III. d; III. t, 3. 
 Loss of profits as element of damages for, 
 
 see infra, III. u, 2. 
 
 Right to recover exemplary or punitive dam- 
 ages for breach of contract, other than 
 contract to marry and actions on stat- 
 utory bonds. 3 B. R. C. 115. 
 
 § 22. Miscellaneous contracts. 
 
 Breach of agreement to arbitrate. 47 
 L.R.A.(N.S.) 409. 
 
 Damages for breach of automobile distribu- 
 tion contract. L.R.A.1915B, 114. 
 
 Damages recoverable for breach of contract 
 to lend money. L.R.A.1916F, 506. 
 
 For breach of covenant in lease as to pay- 
 ment of taxes and assessments. L.R.A. 
 1915A, 363. 
 
 § 23. Insurance contracts. 
 
 Extent of recovery on insurance policy, see 
 
 INSTTEANCE, VIII. d. 
 
 § 23a. Partnership contracts. 
 
 Measure of damages for breach of contract 
 of partnership. 51 L.R.A. (N.S.) 
 81, 
 
 DAMAGES, III. b, 1— cont'd. 
 
 Introductory. 51 L.R.A. (N.S.) 81. 
 
 Breach in failure to contribute. 
 51 L.R.A.(N.S.) 83. 
 Profits as the measure of damages. 51 
 L.R.A.(N.S.) 84. 
 Where term is completed before 
 
 ti;ial. 51 L.R.A. (N.S.) 84. 
 Prospective profits. 51 L.R.A. 
 (N.S.) 86. 
 Where prospective profits are 
 not allowed. 51 L.R.A. 
 (N.S.) 88. 
 Other bases of recovery where 
 profits are speculative. 
 51 L.R.A.(N.S.) 89. 
 Iioss of time or earnings. 51 L.R.A. 
 
 (N.S.) 90. 
 Expenses. 51 L.R.A. (N.S.) 92. 
 Services. 51 L.R.A. (N.S.) 93. 
 Fraud — ^misappropriation. 51 L.R.A. 
 
 (N.S.) 94. 
 Particular contracts — illustrations. 51 
 
 L.R.A.(N.S.) 94. 
 Miscellaneous. 51 L.R.A. (N.S.) 95. 
 
 § 24. Measure of employers' recovery 
 for breach of contract. 
 
 Effect upon character of sum agreed upon 
 for breach as penalty or liquidated 
 damages of single or multiple stipula- 
 tions in contract. L.R.A.1915E, 386, 
 393. 
 
 g 25. Measure of employee's recov- 
 ery for breach of contract. 
 
 Contract of permanent employment. 50 
 L.R.A.(N.S.) 456. 
 
 Effect upon character of sum agreed upon 
 for breach as penalty or liquidated dam- 
 ages of single or multiple stipulations 
 in contract. L.R.A.1915E, 386, 393. 
 
 g 25a. — wrongful discharge. 
 
 Right of one employed on commission to 
 recover for loss of profits where em- 
 ployment is unlawfully terminated. 
 L.R.A.1916B, 872. 
 
 2. Bonds. 
 
 % 28. Elements of damages recover- 
 able in action on replevin bond. 
 
 Do damages on replevin bond include value 
 added by the transportation of the 
 goods by wrongdoer after conversion. 
 52 L.R.A.(N.S.) 396. 
 
 3. As to real 'property. 
 
 g 30. Generally. 
 
 Measure of damages for failure to comply 
 with provision as to crossing in deed 
 to railroad of right of way. 48 L.R.A. 
 (N.S.) 390. 
 
 g 31. Contract to sell. 
 
 Effect upon character of sum agreed upon 
 for breach as penalty or liquidated 
 damages of single or multiple stipula- 
 tions in contract. L.R.A.1915E, 384, 
 390. 
 
 Begin with this iooJc on every law question. 
 
INDEX TO NOTES. 
 
 157 
 
 DAMAGES, III. b, 3— cont'd. 
 § 32. Breach of covenant. 
 
 For vendor's failure to furnish abstract of 
 title. 43 L.R.A.(N.S.) 50. 
 
 4. ScUes of personalty; warranty. 
 
 § 35. Generally. 
 
 Loss of profits from breach, see infra, S 
 115. 
 
 Effect upon character of sum agreed upon 
 for breach as penalty or liquidated 
 damages of single or multiple stipula- 
 tions in contract. L.R.A.1915E, 381, 
 390. 
 Against vendor of seeds, L.R.A.1916C, 1011. 
 Measure of damages for breach of contract 
 to sell or buy corporate stock. 43 
 L.E.A.(N.S.) 368. 
 Breach by vendee. 43 L.R.A.(N.S.) 
 
 368. 
 Breach by vendor. 43 L.E.A.(N.S.) 
 369. 
 
 § 37. Breach of warranty. 
 
 For breach of Vfarranty on sale of trees, 
 shrubs, plants, or vines. 49 L.R.A. 
 (N.S.) 1155. 
 
 For breach of warranty on sale of seeds. 
 L.R.A.1916C, 1011. 
 
 5. Penalty; liquidated damages. 
 
 § 38. Generally. 
 
 Effect of agreement for stipulated damages 
 on remedy by injunction to restrain 
 violation of agreement not to practice 
 medicine or surgery vpithin a certain 
 territory, L.R.A.1915B, 206. 
 Validity and defect of provision in contract 
 for increased rate of interest upon de- 
 fault. L.R.A.1916E, 726. 
 Effect of provision for remission of part 
 of the principal or interest if pay- 
 ment is made at maturity. 46 
 L.R.A.(N.S.) 897. 
 The question of form. 46 L.R.A. (N.S.) 
 
 898. 
 The question of actual debt. 46 L.R.A. 
 
 f N S ) 899 
 Discounts. 46 L.R.A. (N.S.) 900. 
 Liquidated damages for breach of provision 
 as to crossing in deed to railroad of 
 right of vifay. 48 L.R.A. (N.S.) 390. 
 Specific performance of land contract as af- 
 fected by provision for liquidated dam- 
 ages. 45 L.R.A.(N.S.) 52. 
 Effect of the use of the word "forfeiture" 
 upon penalty or liquidated dam- 
 ages. 50 L.R.A.(N.S.) 890. 
 Penalty. 50 L.R.A. (N.S.) 890. 
 Intent. 50 L.R.A. (N.S.) 891. 
 Inclination of courts. 50 L.R.A. 
 
 (N.S.) 893. 
 Disconnected stipulations of vary- 
 ing degree. 50 L.R.A. (N.S.) 
 894. 
 Damages easily ascertained. 50 
 L.R.A.(N.S.) 895. 
 Consult also L.R.A. Digests to date. 
 
 DAMGES, III. b, 5— cont'd. 
 
 Unreasonable amount. 50 L.R.A. 
 
 (N.S.) 896. 
 Estoppel. 50 L.R.A.(N.S.) 897. 
 Security. 50 L.R.A. (N.S.) 900. 
 Statutory provisions. 50 L.R.A. 
 
 ■ (N.S.) 901. 
 Contract, stipulation, or proceed- 
 ing defective. 50 L.R.A. 
 (N.S.) 902. 
 Miscellaneous. 50 L.R.A.(N.S.) 902. 
 Liquidated damages. 50 L.R.A. (N.S.) 
 903. 
 Intention. 50 L.R.A. (N.S.) 903. 
 Where it would be difficult to prove 
 damages. 50 L.R.A. (N.S.) 
 905. 
 Reasonable contract. 60 L.R.A. 
 
 (N.S.) 908. 
 As a limitation on the amount. 
 
 50 L.R.A.(N.S.) 908. 
 Statutory provision. 50 L.R.A. 
 
 (N.S.) 909. 
 Contracts for building and work. 
 
 50 L.R.A.(N.S.) 910. 
 Contracts of purchase and sale. 50 
 
 L.R.A.(N.S.) 910. 
 Other agreements. 50 L.R.A. 
 (N.S.) 912. 
 Applicability of provision for stipulated 
 damages or penalty for delay in the 
 completion of a contract, where the 
 entire contract is abandoned or repudi- 
 ated. L.R.A.1916E, 1179. 
 
 § 38a. Effect of single or multiple 
 stipulations in contract. 
 
 Effect upon character of sum agreed upon 
 for breach, as penalty or liqui- 
 dated damages, of single or multi- 
 ple stipulations in contract. L.R.A. 
 1915E, 373. 
 Penalty. L.R.A.1915E, 374. 
 
 Not to resume business. L.R.A. 
 
 1915E, 376. 
 To build. L.R.A.1915E, 378. 
 Landlord and tenant. L.R.A. 
 
 1915E, 380. 
 Carriers. L.R.A.1915E, 380. 
 Surety. L.R.A.1915E, 380. 
 Sale. L.R.A.1915E, 381. 
 To furnish machinery. L.R.A. 
 
 1915E, 382. 
 Work to be completed. L.R.A. 
 
 1915E, 383. 
 Sale of land. L.R.A.1915E, 384. 
 Employment. L.R.A.1915E, 386. 
 Award. L.R.A.1915E, 388. 
 Liquidated damages. L.R.A. 1915E, 
 
 389. 
 Not to resume business. L.R.A. 
 
 1915E, 389. 
 Sale. L.R.A.1915E, 390. 
 Vendor and purchaser. L.R.A. 
 
 1915E, 390. 
 Landlord and tenant. L.R.A. 
 
 1915E, 392. 
 Employment. L.R.A.1915E, 393. 
 Work and labor. L.R.A.1915E, 
 
 393. 
 Miscellaneous. L.R.A.1915E, 394. 
 
158 
 
 INDEX TO NOTES. 
 
 DAMAGES, in. b, 5— cont'd. 
 § 39. Building and constrnction con- 
 tracts. 
 
 Effect of the use of the word "forfeiture" 
 upon penalty or liquidated damages. 
 50 L.R.A.(N.S.) 890. 
 
 Applicability of provision for stipulated 
 damages or penalty for delay in com- 
 pletion of a contract where, the entire 
 contract is abandoned or repudiated. 
 L.R.A.1916E, 1179. 
 
 § 40. Iiand contracts. 
 
 Specific performance of land contract as 
 affected by provision for liquidated 
 damages. 45 L.R.A.(N.S.) 52. 
 
 Effect upon character of sum agreed upon 
 for breach as penalty or liquidated 
 damages of single or multiple stipula- 
 tions in contract. L.E.A.191SE, 384, 
 390. 
 
 c. Telegraph cases. 
 
 § 41. Generally. 
 
 Liability for mental anguish, see infra, §§ 
 102, 103. 
 
 Measure of damages where one purchases 
 goods in reliance upon a misquotation 
 of price in telegram. 46 L.K.A. (N.S.) 
 4]2. 
 
 Expense of trip or loss of time as element 
 of damages in action against telegraph 
 company. 52 L.R.A.(N-S.) 1180. 
 
 Loss of profits as element of damages for 
 breach of contract to transmit tele- 
 gram. 49 L.E.A.(N.S.) 927. 
 
 d. Against carrier. 
 
 § 43. Failure of duty to passenger. 
 
 Punitive damages for, see supra, § 15. 
 Liability for mental anguish, see infra, 
 § 104. 
 
 Damages recoverable by passenger for de- 
 fault or delay in running railroad 
 train. 49 L.R.A.(N.S.) 432. 
 
 For delay. 49 L.R.A.(N.S.) 432. 
 
 For failure to stop train. 49 L.R.A. 
 (N.S.) 433. 
 
 Speculative damages. 49 L.R.A. (N.S.) 
 435. 
 
 Special elements of damages. 49 L.R.A. 
 (N.S.) 436. 
 
 Amount of damages. 49 L.R.A. (N.S.) 
 437. 
 Measure of carrier's liability for prevent- 
 ing exhibition or show by breach of 
 
 contract of carriage. 49 L.R.A. (N.S.) 
 
 491. 
 Amount of damages that may be awarded 
 
 for insulting language. 44 L.R.A. 
 
 (N.S.) 1139. 
 
 § 45. Ejection of passenger. 
 
 For ejection of sick or intoxicated 
 senger. L.R.A.1915C, 146. 
 
 pas- 
 
 § 46. In respect to baggage. 
 
 Measure of recovery against baggage trans- 
 fer company. L.R.A.1916D, 1203. 
 
 DAMAGES, III. A—cmt'd. 
 Right to recover expenses or damages inci- 
 dental to loss of or delay in delivering 
 L.E.A.1916A, 549. 
 
 Begin with, this took on every law question. 
 
 § 47. In respect to freight. 
 
 Loss of profits as element of damages, see 
 infra, §■ 118. 
 
 For carrier's failure to furnish cars. 44 
 L.R.A.(N.S.) 655. 
 
 Measure of carrier's liability for preventing 
 exhibition or show of contract of car- 
 riage. 49 L.R.A.(N.S.) 491. 
 
 Effect of misrepresentation as to character, 
 quality or value of goods by shipper on 
 his right to recover for loss. L.R.A. 
 1915A, 502. 
 
 e. Torts generally. 
 
 § 48. Generally. 
 
 Allowance of punitive or exemplary dam- 
 ages, see supra, § 16. 
 
 Against passenger, see supra, § 43. 
 
 Loss of profits as element of damages, see 
 infra, § 108. 
 
 Liabilty for mental anguish, see infra, §§ 
 97-99. 
 
 Measure of damages in civil action for ab- 
 duction of child. 45 L.R.A.(N.S.) 873. 
 Damages recoverable for delaying person by 
 blocking railroad crossing. 44 
 L.R.A.(N.S.) 1069; L.R.A.1915E, 
 336. 
 Sickness. 44 L.R.A. (N.S.) 1070. 
 Exemplary or punitive damages. 44 
 L.R.A.(N.S.) 1071. 
 Measure of damages for loss caused by neg- 
 ligence or wrong of notary or other of- 
 ficer certifying to acknowledgment or 
 affidavit. 49 L.R.A. (N.S.) 55. 
 Damages recoverable for wrongful search. 
 50 L.R.A.(N.S.) 1151. 
 
 /. Fraud. 
 
 § 49. Generally. 
 
 Measure of damages for misrepresenting 
 value of corporate stock sold. 43 L.R.A, 
 (N.S.) 373. 
 
 g. Sexual o flenses; breach of promise; 
 seduction; criminal conversation; 
 alienation of affections. 
 
 I 50a. Breach of promise; seduction. 
 
 Pregnancy or birth of child as an element 
 of damages for breach of promise. 43 
 L.R.A.(N.S.) 972. 
 Amount of damages recoverable for seduc- 
 tion. 52 L.R.A.(N.S.) 85. 
 Action by party directly injured. 52 
 
 L.R.A.(N.S.) 86. 
 Action by party indirectly injured. 52 
 L.R.A. (N.S.) 87. 
 Parent. 52 L.R.A. (N.S.) 87. 
 Husband or master. 52 L.R.A. 
 (N.S.) 89. 
 
INDEX TO NOTES. 
 
 16» 
 
 BAMAGES, Ul.:^oont'd. 
 i. Assault; false imprisonment; ma- 
 licious prosecution; abuse of process. 
 
 § 52. Assault. 
 
 Punitive damages for assault by carrier's 
 servant on passenger. L.R.A.1915E, 671. 
 
 § 53. False imprisonment. 
 
 Reasonable and probable cause of suspicion 
 as mitigating damages for false im- 
 prisonment. 45 L.R.A.(N.S.) 64. 
 
 Condition of place of imprisonment and 
 treatment while in custody as elements 
 of damages. L.R.A.1915D, 622. 
 
 § 54. Malicious prosecution. 
 
 Condition of place of imprisonment and 
 treatment while in custody as elements 
 of damages. L.R.A.1915D, 621. 
 
 § 55. Abuse of process. 
 
 Loss of profits as element of damages for 
 wrongful attachment. 46 L.R.A. (N.S.) 
 470. 
 
 j. Libel or slander, 
 
 § 56. Generally. 
 
 Jlitigation of damages for, see supra, § 9. 
 Punitive damages for, see supra, § 16b. 
 
 Special damages which will sustain an ac- 
 tion for libel or slander in charging 
 woman with unchastity. 48 L.R.A. 
 (N.S.) 615. 
 Measure of damages for libel or slander 
 reflecting on integrity or responsi- 
 bility of merchant. 44 L.RA. 
 (N.S.) 351. 
 Elements or matters to be considered. 
 44 L.R.A.(N.S.) 352. 
 Diminution of business. 44 L.R.A. 
 
 (N.S.) 352. 
 Suspension of business. 44 L.R.A. 
 
 (N.S.) 353. 
 Prospective damages. 44 L.R.A. 
 
 (N.S.) 353. 
 Injury to credit. 44 L.R.A.(N.S.) 
 
 353. 
 Injury to feelings. 44 L.R.A. 
 (N.S.) 354. 
 Malice; exemplary damages; mitiga- 
 tion of damages. 44 L.R.A. 
 (N.S.) 354. 
 Pinancial ability of defendant. 44 
 
 L.R.A.(N.S.) 355. 
 Miscellaneous. 44 L.R.A. (N.S.) 
 355. 
 Amount of damages. 44 L.R.A. (N.S.) 
 355. 
 Question for jury. 44 L.R.A. 
 
 (N.S.) 355. 
 Not excessive. 44 L.R.A. (N.S.) 
 
 356. 
 Excessive. 44 L.R.A. (N.S.) 358. 
 
 fc. Personal injuries, 
 
 S 57. Generally. 
 
 Mitigation or reduction of damages, see 
 
 supra, § 7. 
 To passenger, see supra, § 43. 
 
 Consult also L.R.A, Digests to date. 
 
 DAMAGES, III. k— cont'd. 
 
 Liability for mental anguish, see infra, 
 
 § 100. 
 Relevancy and materiality of evidence as 
 
 to, see Evidence, § 264. 
 
 Admissibility of opinion of party or wit- 
 ness as to extent of monetary damages 
 sustained in consequences of personal 
 injury. 52 L.R.A. (N.S.) 167. 
 Receipt of proceeds of insurance as aflfect- 
 ing measure of damages for injury, 
 L.R.A.1915E, 1201. 
 Wife's right to recover for loss of con- 
 sortium resulting from negligent in- 
 jury to husband. L.R.A.1916E, 703. 
 Elements in measure of damages in action 
 under Federal employers liabilitv act. 
 47 L.R.A.(N.S.) 80; L.R.A.1915C, 87. 
 Extent and character of developments fol- 
 lowing personal injury for which 
 person inflicting the injury is lia- 
 ble. 48 L.R.A.(N.S.) 93. 
 Scope. 48 L.R.A.(N.S.) 93. 
 In absence of intervening act or neg- 
 lect. 48 L.R.A.(N.S.) 94. 
 Specific diseases or developments. 
 48 L.R.A.(N.S.) 95. 
 Miscellaneous. 48 L.R.A. 
 
 (N.S.) 95. 
 Peritonitis and appendicitis. 
 
 48 L.R.A.(N.S.) 97. 
 Blood poisoning. 48 L.R.A. 
 
 (N.S.) 98. 
 Impairment of eyesight. 48 
 
 L.R.A.(N.S.) 98. 
 Erysipelas. 48 L.R.A. (N.S.) 
 
 99. 
 Female troubles. 48 L.R.A. 
 
 (N.S.) 99. 
 Gastritis. 48 L.R.A. (N.S.) 
 
 100. 
 Heart disease. 48 L.R.A. 
 
 (N.S.) 101. 
 Paralysis. 48 L.R.A. (N.S.) 
 
 101. 
 Pneumonia. 48 L.R.A. (N.S.) 
 
 101. 
 Rheumatism. 48 L.R.A. (N.S.) 
 
 102. 
 Spinal afSictions. 48 L.R.A. 
 
 (N.S.) 102. 
 Tuberculosis and consumption. 
 
 48 L.R.A. (N.S.) 102. 
 Death. 48 L.R.A. (N.S.) 103. 
 Effect of intervening act or neglect. ,48 
 L.R.A.(N.S.) 105. 
 
 § 59. Estent of recoTery by husband 
 for injuries to wife. 
 
 Right of husband to recovery for loss of 
 consortium through personal injury to 
 wife. L.R.A.1915D, 524. 
 
 Excessiveness of verdict in action by hus- 
 band for services of injured wife. 
 L.R.A.1915F, 489. 
 
 § 59a. Extent of recovery generally 
 by married woman for injuries to 
 her. 
 
 Excessiveness of verdict in action for per- 
 sonal injury to married woman. L.R.A. 
 1915F, 188. 
 
160 
 
 INDEX TO NOTES. 
 
 DAMAGES, III. k—oonfd. 
 Marriage of woman after personal injury as 
 aflfeeting damages. L.R.A.1916C, 592. 
 
 § 60. Damages for miscarriage. 
 
 Escessiveness of verdict for injuries indu- 
 cing. L.E,.A.1915F, 426. 
 
 Right to recover for miscarriage resulting 
 from fright caused by wrongful act. 
 L.E.A.1915D, 830. 
 
 § 64. Zizcessive or inadequate re- 
 covery. 
 
 Excessiveness of verdicts in actions for per- 
 sonal injuries other than death. 
 L.R.A.1915F, 30. 
 Action by person injured. L.E.A. 
 1915F, 36. 
 Abdomen. L.II.A.1915F, 36. 
 
 External injuries. L.R.A. 
 
 1915F, 36. 
 Internal injuries. L.R.A. 
 
 1915F, 36. 
 Miscellaneous. L.II.A.1915F, 
 37. 
 Anemia. L.E.A.1915F, 37. 
 Ankles. L.R.A.1915F, 37. 
 
 Both fractured. L.R.A.1915F, 
 
 37. 
 Both sprained. L.R.A.1915F, 
 
 37. 
 One fractured and other 
 sprained. L.R.A.1915F, 
 38. 
 One fractured and other dis- 
 located. L.R.A.1915F, 38. 
 Miscellaneous injuries to both. 
 
 L.R.A.1915F, 38. 
 One fractured. L.E.A.1915F, 
 
 '38. 
 One fractured and impaired or 
 otherwise injured. L.R.A. 
 1915F, 39. 
 One sprained. L.E.A.1915F, 
 
 41. 
 One sprained and impaired or 
 otherwise injured. L.R.A. 
 1915F, 43. 
 One dislocated. L.R.A.1915F, 
 
 44. 
 One dislocated and impaired 
 or otherwise injured. 
 L.R.A.1915F, 45. 
 Miscellaneous injuries |0r im- 
 pairments. L.R.A.1915F, 
 46. 
 General cases. L.R.A.1915F, 
 49. 
 Appendicitis ; Appendix. L.R.A. 
 
 1915F, 49. 
 Asthma. L.R.A.1915F, 50. 
 Arms. L.R.A.1915F, 50. 
 
 Both lost. L.R.A.1915F, 50. 
 One lost and other injured. 
 
 L.R.A.1915F, 50. 
 Both fractured. L.R.A.1915F, 
 
 51. 
 One fractured and other in- 
 jured. L.R.A.1915F, 51. 
 Both burned. L.R.A.1915F, 
 51. 
 Begin with this hooTc on every law question. 
 
 DAMAGES, III. k— comf d. 
 
 Both wounded. L.R.A.1915F, 
 
 52. 
 Miscellaneous injuries to both. 
 
 L.R.A.1915F, 52. 
 One lost. L.R.A.1915F, 53. 
 One fractured. L.R.A.1915F, 
 
 57. 
 One fractured and impaired or 
 
 otherwise injured. L.R.A. 
 
 1915F, 60. 
 On sprained. L.R.A.1915F, 64. 
 One sprained and impaired. 
 
 L.R.A.1915F, 64. 
 One dislocated. L.R.A.1915F, 
 
 64. 
 One dislocated and impaired. 
 
 L.R.A.1915r, 65. 
 One paralyzed. L.R.A.1915F, 
 
 65; 
 
 One burned or scalded. L.R.A. 
 
 1915F, 67. 
 One burned or scalded and Im- 
 paired. L.R.A.1915F, 68. 
 One bruised or wounded. 
 
 L.R.A.1915F, 68. 
 One bruised or wounded and 
 impaired. L.R.A.1915F, 69. 
 Miscellaneous injuries or im- 
 pairments. L.R.A.1915F, 
 69. 
 General cases. L.R.A. 1915F, 
 74. 
 Assault. L.R.A.1915F, 75. 
 Back. L.R.A.1915F, 81. 
 
 Sprains or wrenches. L.R.A. 
 
 1915F, 81. 
 Bruises or wounds. L.R.A. 
 
 1915F, S3. 
 Burns. L.R.A.1915F, 85. 
 Miscellaneous injuries or im- 
 pairments. L.R.A.1915F, 
 85. 
 General eases. L.R.A.1915r, 
 88. 
 Bladder — see Bowels, etc. L.R.A. 
 
 1915F, 92. 
 Blood poisoning; Septicemia. 
 
 L.R.A.1915F,' 92. 
 Bowels and Urinary Organs. L.R.A. 
 1915F, 93. 
 Bowels. L.R.A.1915F, 93. 
 Inflammation. L.R.A. 
 
 1915F, 93. 
 Piles; hemorrhoids. L.R.A. 
 
 1915F, 93. 
 Control of bowels. L.R.A. 
 
 1915F, 93. 
 General cases. L.R.A. 
 1915F, 94. 
 Bladder. L.R.A.1915F, 95. 
 Inflammation, catarrh. 
 
 L.R.A.1!)15F, 95. 
 General cases. L.R.A. 
 ■ 1915F, 95. 
 Kidneys. 
 
 One lost. L.R.A.1915F, 96. 
 Dislocated or floating. 
 
 L.R.A.1916F, 96. 
 Diseased. L.R.A.1915F, 
 97. 
 
INDEX TO NOTES. 
 
 161 
 
 DAMAGES, III. k— cont'd. 
 
 General cases. L.B.A. 
 1915F, 98. 
 Control and quantity of urine. 
 L.E.A.1915F, 100. 
 Diabetes. L.R.A.1915F, 
 
 100. 
 Control. L.R.A.1915F, 101. 
 General injuries to urinary 
 organs. L.R.A.1915F, 102. 
 Injuries common to bowels 
 and urinary organs. 
 L.R.A.1915F, 103. 
 Brain; Skull. L.R.A.1915F, 105. 
 Brain. L.R.A.1915F, 105. 
 
 Concussion. L.R.A.1915F, 
 
 105. 
 Sclerosis. L.E.A.1915F, 
 
 106. 
 General Injuries. L.R.A. 
 1915F, 106. 
 Skull. L.R.A.1915F, 107. 
 
 Skull fractured and brain 
 injured. L.R.A.1915F, 
 107. 
 Skull fractured and por- 
 tion removed. L.R.A. 
 1915F, 108. 
 Fracture. L.R.A.1915F, 
 
 109. 
 Depression. L.R.A.1915F, 
 112. 
 General injuries. L.R.A.1915F, 
 112. 
 Breast; Chest. L.R.A.1915F, 113. 
 Breast bone. L.R.A.1915F, 
 
 113. 
 Depression. L.R.A.1915F, 113. 
 Bruises and wounds. L.R.A. 
 
 1915F, 114. 
 Miscellaneous injuries. L.R.A. 
 
 1915F, 114. 
 General cases. L.R.A. 1915F, 
 115. 
 Bronchitis. L.R.A.1915F, 115. 
 Bruises, cuts and wounds. L.R.A. 
 1915F, 115. 
 Bruises. L.E.A.1915F, 116. 
 Cuts and wounds. L.R.A. 
 1915F, 123. 
 Dog bites. L.R.A.1915F, 
 
 123. 
 Gunshot. L.R.A.1915F, 
 
 124. 
 General cases. L.R.A. 
 1915F, 125. 
 Bruises and wounds. L.R.A. 
 1915F, 126. 
 Burns and scalds. L.R.A. 1915F, 
 132 
 Electric. L.R.A.1915F, 132. 
 Water and steam. L.R.A. 
 
 1915F, 134. 
 Molten metal. L.E.A.1915F, 
 
 136. 
 Exploding gas. L.R.A.1915F, 
 
 137. 
 Miscellaneous agencies. L.R.A. 
 
 1915F, 137. 
 General cases. L.R.A.1915F, 
 138. 
 Cancer. L.R.A.1915F, 139. 
 •Consult also L.R.A. Digests to date. 
 
 43— '16F. 11 
 
 DAMAGES, III. k— cont'd. 
 
 Catarrh of respiratory tract. 
 
 L.E.A.1915F, 139. 
 Chest — -see Breast, etc. 
 Colds — see Catarrli, etc. 
 Collar bone — see Shoulder. 
 Convulsions, fainting attacks, fits, 
 and spasms. L.R.A.1915F, 
 140. 
 Cuts- — see Bruises, etc. 
 Diabetes — see Bowels, etc. 
 Dizziness — see Headaches, etc. 
 Dog bite — see Bruises, etc. 
 Dropsy. L.R.A.1915F, 141. 
 Ears — see titles "Head" and 
 
 "Hearing." 
 Earning capacity; Physical abil- 
 ity. L.R.A.1915F, 141. 
 Boarding and rooming-housu' 
 
 keepers. L.R.A.1915F, 141. 
 Business men. L.R.A. 1915F, 
 
 142. 
 Carpenters. L.R.A.1915F, 143. 
 Commercial travelers and 
 
 salesmen. L.R.A. 1915F, 
 
 145. 
 Common laborers. L.R.A. 
 
 1915F, 145. 
 Dressmakers and seamstresses. 
 
 L.R.A.1915F, 149. 
 Electricians. L.R.A.1915F, 149. 
 Farmers and stockmen. L.R.A. 
 
 1915F, 150. 
 Housekeepers and domestic 
 
 servants. L.R.A.1915F, 
 
 152. 
 Masons. L.R.A.1915F, 153. 
 Mechanics and machinists. 
 
 L.R.A.1915F, 154. 
 Miners. L.R.A.1915F, 155. 
 Nurses. L.R.A.1915F, 157. 
 Painters and paperhangers. 
 
 L.R.A.1915F, 157. 
 Plumbers and tinsmiths. 
 
 L.R.A.1915F, 157. 
 Professional men. L.R.A. 
 
 1915F, 158. 
 Railroad brakemen and switcli- 
 
 men. L.R.A.1915F, 160. 
 Railroad car repairers. L.R.A. 
 
 1915F, 164. 
 Railroad conductors. L.R.A. 
 
 1915F, 165. 
 Railroad engineers. L.R.A. 
 
 1915F, 165. 
 Railroad firemen. L.R.A. 
 
 1915F, 167. 
 Railroad flagman. L.R.A. 
 
 1915F, 168. 
 Railroad section hands. L.R.A. 
 
 1915F, 169. 
 Railroad yardmasters. L.R.A. 
 
 1915F, 170. 
 Railway mail clerks. L.R..^. 
 
 1915F, 170. 
 Sailors and seamen. L.R.A 
 
 1915F, 171. 
 Sawyers, turners and lumber- 
 men. L.R.A.1915F, 171. 
 Stationary engineers. L.R.A. 
 
 1915F, 172. 
 
162 
 
 INDEX TO NOTES. 
 
 DAMAGES, III. k—oonfd. 
 
 Stenographers. L.E.A.1915F, 
 
 172. 
 Stevedores and longshoremen. 
 
 L.R.A.1915F, 172. 
 Street car employees. L.R.A. 
 
 1915F, 173. 
 Structural iron workers. 
 
 L.R.A.1915F, 173. 
 Teachers. L.R.A.191.5F, 174. 
 Teamsters. L.R.A.1915F, 175. 
 Telegraph, telephone and elec- 
 tric linemen. L.R.A. 
 
 1915F, 176. 
 Washerwomen and laun- 
 dresses. L.R.A. 1915F, 176. 
 Miscellaneous vocations. 
 
 L.R.A.1915F, 177. 
 Men generally. L.R.A.1915F, 
 
 182. 
 Boys generally. L.R.A.1915F, 
 
 187. 
 Women generally. L.R.A. 
 
 1915F, 188. 
 Girls generally. L.R.A.1915F, 
 
 190. 
 Elbows. L.R.A.1915F, 190. 
 
 Fracture. L.R.A.1915F, 190. 
 Sprain. L.R.A.1915F, 191. 
 Dislocation. L.R.A.1915F, 191. 
 Miscellaneous injuries. L.R.A. 
 
 1915F, 191. 
 Epilepsy. L.R.A.1915F, 192. 
 
 Present epilepsy. L.R.A.1915F, 
 
 192. 
 Possible future epilepsy. 
 
 L.R.A.1915F, 193. 
 Erysipelas. L.R.A.1915F, 193. 
 Eyesight. L.R.A.1915F, 194. 
 
 Both lost. L.R.A.1915F, 194. 
 One lost and other impaired. 
 
 L.R.A.1915F, 195. 
 One lost. L.R.A.1915F, 196. 
 Deranged focus, distorted vi- 
 sion. L.R.A.1915F, 198. 
 Impairment generally. L.R.A. 
 
 1915F, 199. 
 Face. L.R.A.1915F, 205. 
 
 Burns. L.R.A.1915F, 205. 
 Bruises, cuts and wounds. 
 
 L.R.A.1915F, 207. 
 Disfigurement. L.R.A.1915F, 
 
 210. 
 Fractured cheek bone. L.R.A. 
 
 1915F, 212. 
 General cases. L.R!A.1915F, 
 
 213. 
 Fainting attacks — see Convulsions. 
 
 Feet. L.R.A.1915F, 213. 
 
 Both lost. L.R.A.1915F, 213. 
 One lost and other injured. 
 
 L.R.A.1'915P, 214. 
 Part of one lost and other 
 
 injured. L.R.A.19a5F, 
 
 214. 
 Both injured. L.R.A.19J5P, 
 
 214. 
 One lost. L.R.A.1915F, 214. 
 Part of one lost. L.R.A. 
 
 191SF, 216. 
 Begin with this hook, on every law question, 
 
 DAMAGES, III. k— cont'd. 
 
 One fractured, crushed or 
 smashed. L.R.A.1915F, 
 218. 
 One sprained or dislocat- 
 ed. L.R.A.1915F, 220. 
 One flattened or otherwise de- 
 formed. L.R.A.1915F, 
 221. 
 One burned. L.R.A.1915F, 
 
 222. 
 One bruised or wounded. 
 
 L.R.A.1915F, 223. 
 Miscellaneous. L.R.A.1915F, 
 223. 
 Fever. L.R.A.1915F, 225. 
 Fingers. L.R.A.1915F, 225. 
 
 One or more lost. L.R.A. 
 
 1915F, 225. 
 Fractured, crushed or smashed. 
 
 L.R.A.1915F, 232. 
 Sprained or dislocated. L.R.A. 
 
 1915F, 233. 
 Stiffened, deformed or other- 
 wise impaired. L.R.A. 
 1915F, 233. 
 Miscellaneous minor injuries. 
 L.R.A.1915F, 235. 
 Fits — see Convulsions, etc. 
 Gas poisoning — see Poisoning. 
 Goiter. L.R.A.1915F, 236. 
 Hair. 
 
 Loss of. L.R.A.1915F, 236. 
 Change of color. L.R.A.1915F,, 
 236. 
 Hands. L.R.A.1915F, 236. 
 
 Both lost. L.R.A.1915F, 237. 
 One lost and other injured. 
 
 L.R.A.1915F, 237. 
 Both burned and impaired. 
 
 L.R.A.1915F, 237. 
 General impairment of both. 
 
 L.R.A.1915F, 238. 
 One lost. L.R.A.1915F, 238. 
 Part of one lost. L.R.A. 
 
 1915F, 240. 
 One stiffened, deformed or oth- 
 erwise impaired. L.R.A. 
 1915F, 241. 
 Miscellaneous minor injuries. 
 
 L.R.A.1915F, 245. ^ 
 General cases. L.R.A.1915F, 
 246. 
 Head. L.R.A.1915F, 247. 
 
 Bruises. L.R.A.1915F, 247. 
 Cuts and wounds. L.R.A. 
 
 1915F, 248. 
 Bruises and wounds. L.R.A. 
 
 1915F, 253. 
 Miscellaneous injuries. L.R.A. 
 
 1915F, 253. 
 Disfi,gurement. L.R.A.1915F, 
 
 254. 
 General cases. L.R.A.1915F, 
 255. 
 Headaches, dizziness. L.R.A. 
 1915F, 257. 
 Headaches. L.R.A.1915F, 257. 
 Dizziness. L.R.A.1915F, 261. 
 Headaches and dizziness. 
 L.R.A.1915F, 261. 
 
INDEX TO NOTES. 
 
 103 
 
 DAMAGES, III. k—etmt'cl. 
 
 Health. L.E.A.1915F, 262. 
 
 Permajient invalidism. L.R.A. 
 
 1915F, 202. 
 Permanent impairment. L.R.A. 
 
 1915F, 264. 
 Impairment generally. L.K.A. 
 
 1915F, 266. 
 Hearing. L.R.A.1915F, 270. 
 
 Both lost. L.R.A.1915F, 270. 
 One lost and other impaired. 
 
 L.R.A.1915F, 271. 
 One lost. L.R.A.1915F, 271. 
 Impairment. L.R.A.1915F, 273. 
 Heart. L.R.A.1915F, 277. 
 
 Displacement. L.R.A. 1915F, 
 
 277. 
 Impairment. L.R.A.1915F, 277. 
 Hemorrhoids — see Bowels, etc. 
 Hernia; Rupture. L.E.A.1915F, 
 
 279. 
 Inguinal. L.R.A.i915F, 279. 
 Femoral. L.R.A.1915F, 280. 
 General cases. L.R.A.1915F, 
 
 281. 
 Aggravation of existing her- 
 nia. L.R.A. 1915F, 283. 
 Hips. L.R.A. 1915F, 283. 
 
 Firacture. L.R.A.1915F, 283. 
 Sprain or wrench. L.R.A. 
 
 1915F, 285. 
 Dislocation. L.R.A.1915F, 285. 
 Bruises and wounds. L.R.A. 
 
 1915F, 286. 
 Miacelianeous injuries. L.R.A. 
 
 1915F, 287. 
 General cases. L.R.A. 1915F, 
 
 288. 
 Idiocy and imbecility — see Mind. 
 Insanity — see Mind. 
 Insomnia; Sleeplessness. L.R.A. 
 
 1915F, 291. 
 Internal injuries. L.E.A.1915F, 
 
 293. 
 Jaws. L.R.A.1915F, 297. 
 
 Both fractured. L.E.A.1915F, 
 
 297. 
 One fractured. L.E.A.1915F, 
 
 297. 
 One dislocated. L.R.A. inioF, 
 
 298. 
 General cases. L.R.A.1915F, 
 
 299. 
 Kidneys — see Bowels, etc. 
 Knees. L.R.A.1915F, 299. 
 
 Injuries to both. L.R.A.1915F, 
 
 299. 
 One fractured. L.R.A.1915F, 
 
 299. 
 One fractured and impaired or 
 
 otherwise injured. L.R.A. 
 
 1915F, 300. 
 One sprained. L.R.A.1915F, 
 
 301. 
 One sprained and impaired or 
 
 otherwise injured. L.R.A. 
 
 1915F, 302. 
 One dislocated. L.E.A.1915F, 
 
 303. 
 One dislocated and impaired. 
 
 L.R.A.1915F, 303. 
 Consult also L.B.A. Digests to date. 
 
 DAMAGES, III. k— cont'd. 
 
 Miscellaneous injuries or im- 
 pairments. L.R.A.1915F, 
 
 303. 
 General cases. L.R.A.1915F, 
 
 307. 
 Legs. L.R.A.1915F, 308. 
 
 Both lost. L.R.A.lOl.iF, 308. 
 One lost and other injured. 
 
 L.R.A.1915F, 310. 
 Both fractured. L.R.A.1915F, 
 
 312. 
 One fractured and other in- 
 jured. L.R.A.1915F, 313. 
 Botli paralyzed. L.R.A.1915F, 
 
 314. 
 Both burned or scalded. 
 
 L.R.A.1915F, 317. 
 Miscellaneous injuries to both. 
 
 L.R.A.1915F, 318. 
 One lost. L.R.A.1915F, 320. 
 One fractured. L.R.A.1915F, 
 
 329. 
 One fractured and impaired 
 
 or otherwise injured. 
 
 L.R.A.1915F, 333. 
 One sprained or dislocated. 
 
 L.R.A.1915F, 345. 
 One paralyzed. L.R.A.1915F, 
 
 345. 
 One burned or scalded. L.R.A. 
 
 191oF, 347. 
 One bruised or wounded. 
 
 L.R.A.1915F, 348. 
 One bruised or wounded and 
 
 impaired. L.R.A.1915F, 
 
 350. 
 Miscellaneous injuries to or 
 
 impairments. L.R.A. 
 
 1915F, 352. 
 General cases. L.R.A. 1915F, 
 
 357. 
 Liver. L.R.A.1915F, 358. 
 Lockjaw — see Tetanus. 
 Lumbago — see Back. 
 Lungs. L.R.A.1915F, 359. 
 Mind. L.R.A.1915F, 362. 
 
 Insanity, idiocy or imbecility. 
 
 L.R.A.1915F, 362. 
 Impairment or loss of mem- 
 ory. L.R.A.1915F, 363. 
 Absent mindedness. L.R.A. 
 
 1915F, 365. 
 Arrested development. L.R.A, 
 
 1915F, 365. 
 General cases. L.R.A.1915F, 
 
 366. 
 Neck. L.R.A.1915F, 369. 
 
 Stiffness. L.R.A.1915F, 369. 
 Miscellaneous injuries. L.R.A. 
 
 1915F, 369. 
 General cases. L.R.A.1915F, 
 
 370. 
 Nervous system. L.R.A.] 915F, 370. 
 Neurasthenia and hysteria. 
 
 L.R.A.1915F, 370. 
 Neuritis. L.R.A.1915F, 374. 
 Neurosis. L.R.A.1915F, 375. 
 Neuralgia. L.R.A.1915F, 375. 
 Nervous prostration. L.R.A. 
 
 1915F, 376. 
 Shock. L.R.A.1915F, 377. 
 
164 
 
 INDEX TO NOTES. 
 
 DAMAGES, III. k— cont'd. 
 
 Impairment generally. L.R.A. 
 1915F, 379. 
 Neuralgia — see Nervous system. 
 Neurasthenia-^see Nervous system. 
 Neuritis — see Nervous system. 
 Neurosis — see Nervous system. 
 Nose. L.R.A.1915F, 389. 
 
 Fracture. L.R.A.igiSF, 389. 
 Fracture and impairment or 
 disfigurement. L.R.A. 
 
 1915F, 390. 
 Miscellaneous injuries. L.R.A. 
 1915F 391 
 Paralysis. L.R.A.1915F, 391. 
 
 Complete. L.R.A.1915F, 391. 
 Progressive. L.R.A.1915F, 
 
 395. 
 * Partial. L.R.A.1915F, 396. 
 
 Temporary. L.R.A.1915F, 400. 
 Impending. L.R.A.1915F, 400. 
 Miscellaneous. L.R.A.1915F, 
 401. 
 Pelvis. L.R.A.1915F, 401. 
 
 Fractures, sprains or disloca- 
 tions. L.R.A.1915F, 401. 
 Miscellaneous injuries. L.R.A. 
 1915F, 402. 
 Peritonitis. L.R.A.1915F, 403. 
 Phlebitis. L.R.A.1915F, 404. 
 Piles — see Bowels, etc. 
 Pleura. L.R.A.1915F, 404. 
 
 Pleurisy; pleuritis. L.R.A. 
 
 1915F, 404. 
 Miscellaneous injuries. L.R.A. 
 1915F, 405. 
 Pneumonia. L.R.A.1915F, 406. 
 Poisoning. L.R.A.1915F, 406. 
 Rheumatism. L.R.A.1915F, 406. 
 Ribs. L.R.A.1915F, 407. 
 
 One or more fractured. L.R.A. 
 
 1915F, 407. 
 Loosened or dislocated. L.R.A. 
 
 1915F, 415. 
 Miscellaneous. L.R.A.1915F, 
 416. 
 Rupture — see Hernia. 
 Sacroiliac joint. L.R.A.1915F, 416. 
 Scalds — see Burns, etc. 
 Sciatic nerve. L.R.A.1915F, 416. 
 Sciatica. L.R.A.1915F, 416. 
 Miscellaneous injuries. L.R.A. 
 1915F, 417. 
 Septicemia — see Blood poisoning. 
 Sexual organs and powers. L.R.A. 
 1915F, 417. 
 Men. L.R.A.1915F, 417. 
 
 Impairment of sexual 
 powers. L.R.A.1915F, 
 417. 
 Other injuries. L.K.A. 
 1915F, 419. 
 Women. L.R.A.19]5F, 420. 
 Loss of organ. L.R.A. 
 
 1915F, 420. 
 Displacement of organ. 
 
 L.R.A.1915F, 420. 
 Diseased conditions. 
 
 L.R.A.1915F, 424. 
 Menstruation. L.R.A. 
 
 1915F, 425 
 
 Begin with this book on every law question. 
 
 DAMAGES, III. k— cont'd. 
 
 Miscarriage. L.R.A. 
 
 1915F, 426. 
 Ability to bear children. 
 
 L.R.A.1915F, 429. 
 General cases. L.R.A. 
 1915F, 430. 
 Shoulders. L.R.A.1915F, 430. 
 Fracture. L.R.A.1915F, 430. 
 Fracture and impairment. 
 
 L.R.A.1915F, 432. 
 Sprain, strain or wrench. 
 
 L.R.A.1915F, 434. 
 Sprain and impairment. L.R.A. 
 
 1915F, 434. 
 Dislocation. L.R.A.1915F, 435. 
 Dislocation and impairment. 
 
 ■L.R.A.1915F, 436. 
 Bruises, wounds. L.R.A. 
 
 1915F, 437. 
 Bruises or wounds and im- 
 pairment. L.R.A.1915F, 
 437. • 
 Miscellaneous injuries and 
 impairments. L.R.A. 
 
 1915F, 438. 
 General cases. L.R.A.1915F, 
 440. 
 Side. L.R.A.1915F, 441. 
 
 Paralysis. L.R.A.1915F, 441. 
 Bruises, wounds. L.R.A.191.")1", 
 
 441. 
 Miscellaneous injuries. L.R.A. 
 
 1915F, 442. 
 General cases. L.R.A. 1915F, 
 443. 
 Skull — see Brain, etc. 
 Smell. L.R.A.1915F, 444. 
 Spasms — see Convulsions, etc. 
 Speech. L.K.A.1915F, 445. 
 Spine. L.R.A.1915F, 446. 
 
 Fracture. L..R.A.1915F, 44U. 
 Dislocation. L.R.A.1915F, 44S. 
 Sprain. L.R.A.1915F, 448. 
 Concussion. L.R.A.1915F, 449. 
 Diseased cord. L.R.A.1915F. 
 
 450. 
 Curvature. L.R.A.1915F, 452. 
 Miscellaneous injuries. L.R.A. 
 
 1915F, 453. 
 General cases. L.R.A.1915F, 
 454. 
 Spleen. L.R.A.1915F, 461. 
 Stomach. L.R.A.1915F, 461. 
 
 Indigestion. L.R.A.1915F, 461. 
 Miscellaneous injuries. L.R.A. 
 
 1915F, 462. 
 General cases. L.R.A.1915F, 
 463. 
 Taste. L.R.A.1915F, 463. 
 Teeth. L.R.A.1915F, 463. 
 
 One or more lost. L.R.A. 
 
 1915F, 463. 
 One or more broken. L.R.A. 
 
 1915F, 465. 
 One or more loosened. L.R.A. 
 
 1915F, 466. 
 Miscellaneous. L.R.A. 1915F, 
 466. 
 Tetanus. L.R.A.191oF, 466. 
 
INDEX TO NOTES. 
 
 165 
 
 DAMAGES, III. k— cont'd. 
 
 Toes. L.R.A.1915F, 467. 
 
 One or more lost. L.R.A. 
 
 1915F, 467. 
 Miscellaneous injuries. L.R.A. 
 1915F, 469. 
 Toueli. L.R.A.1915F, 469. 
 Tumors. L.R.A.1915F, 469. 
 Urinary organs — see Bowels, etc. 
 Varicocele. L.R.A.1915F, 470. 
 Varicose veins. L.R.A.1915F, 470. 
 Voice — see Speech. 
 Women — see Sexual organs, etc. 
 Wounds — see Bruises, etc. 
 Wrists. L.R.A.1915F, 471. 
 
 Both injured. L.R.A.1915F, 
 
 471. 
 One fractured. L.R.A.1915F, 
 
 472. 
 One fractured and impaired. 
 
 L.R.A.1915F, 472. 
 One sprained or dislocated. 
 
 L.R.A,1915F, 473. 
 One sprained and impaired. 
 
 L.R.A.1915F, 474. 
 Miscellaneous injuries or im- 
 pairments. L.R.A.1915F, 
 474. 
 General cases. L.R.A.1915F, 
 475. 
 Injuries not definitely described. 
 L.R.A.1915F, "475. 
 Permanent injuries. L.R.A. 
 
 1915r, 475. 
 Serious or severe injuries. 
 
 L.R.A.1915F, 475. 
 Serious or severe and perma- 
 nent injuries. L.R.A. 
 1915F, 478. 
 Temporary injuries. L.R.A. 
 
 1915F, 480. 
 Miscellaneous. L.R.A. 1915F, 
 
 482. 
 General cases. L.R.A.1915F, 
 483. 
 Father for services of child. L.R.A. 
 
 1915F, 487. 
 Mother for services of child. L.R.A. 
 
 1915F, 489. 
 Husband for services of wife. L.R.A. 
 
 1915F, 489. 
 Wife for services of husband. L.R.A. 
 
 1915F, 491. 
 Master for injuries to slave. L.R.A. 
 1915F, 491. 
 Inadequacy of verdicts in actions for per- 
 sonal injuries other than death. 
 L.R.A.1915F, 491. 
 Action by person injured. L.R.A. 1915F, 
 492. 
 In general. L.E.A.1915F, 492. 
 Anldes. L.E.A.1915F, 492. 
 Arms. L.R.A.1915F, 493. 
 Assault. L.R.A.1915F, 495. 
 Back. L.R.A.1915F, 496. 
 Bowels and urinary organs. 
 
 L,R.A.1915F, 496. 
 Brain, skull. L.R.A.1915F, 
 
 496. 
 Breast. L.R.A.1915F, 497. 
 Bruises, cuts and wounds. 
 L.R.A.1915F, 497. 
 Consult also L.B.A. Digests to date. 
 
 DAMAGES, III. k— cont'd. 
 
 I Burns. L.R.A.1915F, 498. 
 
 Convulsions. L.R.A.1915F, 499. 
 Earning capacity; Physical 
 
 ability. L.E.A.1915F, 499. 
 Epilepsy. L.R.A.1915F, 500. 
 Eyes. L.R.A.1915F, 500. 
 Face. L.R.A.1915F, 500. 
 Feet. L.R.A.1915F, 501. 
 Fingers. L.R.A.1915F, 501. 
 Hands. L.R.A.1915F, 502. 
 Head. L.R.A.1915F, 502. 
 Headaches, dizziness. L.R.A. 
 
 1915F, 503. 
 Health. L.R.A.1915F, 503. 
 Hearing. L.R.A.1915F, 504. 
 Heart. L.R.A.1915F, 504. 
 Hips. L.R.A.1915F, 505. 
 Insomnia. L.R.A.1915F, 505. 
 Internal injuries. L.R.A. 
 
 1915F, 505. 
 Jaws. L.R.A.1915F, 505. 
 Kidneys — see Bowels, etc. 
 Knees. L.R.A.1915F, 505. 
 Legs. L.R.A.1915F, 506. 
 Lungs. L.R.A.1915F, 508. 
 Mind. L.R.A.1915F, 508. 
 Neck. L.R.A.1915F, 508. 
 Nervous system. L.R.A.1915F, 
 
 508. 
 Nose. L.R.A.1915F, 509. 
 Paralysis. L.R.A.1915F, 509. 
 Pelvis. L.R.A.1915F, 509. 
 Pneumonia. L.R.A.1915F, 509. 
 Poisoning. L.R.A.1915F, 510. 
 Ribs. L.R.A.1915F, 510. 
 Sexual organs and powers. 
 
 L.R.A.1915F, 510. 
 Shoulders. L.R.A.1915F, 511. 
 Side. L.R.A.1915F, 511. 
 Skull — see Brains, etc. 
 Spine. L.R.A.1915F, 511. 
 Teeth. L.R.A.1915F, 512. 
 Toes. L.R.A.1915F, 512. 
 Urinary organs — see Bowels, 
 
 etc. 
 Wounds — see Bruises, etc. 
 Wrists. L.R.A.1915F, 513. 
 Injuries not definitely de- 
 scribed. L.R.A.1915'F, 513. 
 Under statute. L.R.A.1915F, 514. 
 Action by third person. L.R.A.1915F, 
 616. 
 
 1. Death, 
 
 § 65. Generally. 
 
 Mitigation or reduction of damages, see 
 supra, § 7. 
 
 Receipt by beneficiary of property from 
 estate of decedent as affecting damages 
 recoveraWe for decedent's death. L.R.A. 
 1915E, 1205. • 
 
 Receipt of proceeds of insurance as affecting 
 measure of damages for death. L.R.A. 
 1915E, 1201. 
 
 Instantaneous death as test of amount of 
 recovery. L.R.A.1916C, 973. 
 
 In action under Federal employers' lia- 
 bility act. 47 L.R.A. (N.S.) 80; L.R.A. 
 1915C, 87. 
 
166 
 
 INDfiX TO NOTES. 
 
 DAMAGES, III. I— cont'd. 
 May parent's recovery for death of minor 
 child extend beyond his minority. 
 48 L.R.A.(N.S.) 687. 
 Recovery extending beyond minority. 
 
 48 L.R.A.(N.S.) 687. 
 Recovery limited to the period of mi- 
 nority. 48 L.R.A.(N.S.) 691. 
 
 or inadequate re- 
 
 § 65a. Excessive 
 covery. 
 
 Excessive or inadequate damages for per- 
 sonal injuries resulting in death. 
 
 L.R.A.1916C, 820. 
 Business men. L.R.A.1916C, 821. 
 Professional men. L.R.A.1916C, 824. 
 Engineers. L.R.A.1916C, 825. 
 
 Locomotive. L.R.A.1916C, 825. 
 
 Hostler. L.R.A.1916C, 828. 
 
 Miscellaneous. L.R.A.1916C, 828. 
 Firemen. L.R.A.19160, 829. 
 
 Locomotive. L.R.A.1916C, 829. 
 
 Miscellaneous. L.R.A.1916C, 831. 
 Conductors. L.R.A.1916C, 8.31. 
 Brakemen. L.R.A.1916C, 832. 
 Switchmen or yardmen. L.R.A.1916C, 
 
 836. ' 
 
 Section hands and trackmen. L.R.A. 
 
 1916C, 839. 
 Repair men, car inspectors, etc. L.R.A. 
 
 1916C, 840. 
 Seamen, stevedores, etc. L.R.A.1910C, 
 
 840. 
 Draymen, drivers, teamsters, etc. 
 
 L.R.A.1916C, 842. 
 Mail clerks and carriers. L.R.A.191CC, 
 
 843. 
 Miners. L.R.A. 1916C, 843. 
 Linemen. L.R.A.1916C, 844. 
 Farmers. L.R.A.1916C, 845. 
 Building and construction workers. 
 
 L.R.A.1916C, 846. 
 Unskilled laborers. L.R.A.lUieC, 848. 
 Miscellaneous occupations. L.R.A. 
 
 1916C, 854. 
 Unclassified as to occupation. L.R.A. 
 
 19160, 858. 
 Women. L.R.A.1916C, 864. 
 Minora. L.R.A.1916C, 870. 
 Pain and suffering. L.R.A.1916C, 884. 
 Rules guiding the courts on appeal in de- 
 termining excessiveness or inadequacy 
 of verdicts for personal injuries result- 
 ing in death. L.R.A.1916C, 810. 
 Excessive damages under civil damage act 
 
 for death through intoxication. 
 
 L.R.A.1916D, 943. 
 Not excessive. L.R.A.1916D, 943. 
 Excessive and reduced. L.R.A.1916D, 
 
 944. 
 Excessive. L.R.A.1916D, 944. 
 
 § 66. Of hnsband or wife. 
 
 Instances of excessive or inadequate amount. | 
 L.R.A.1916C, 864. ' 
 
 loss of consortium as element of damage ' 
 for wrongful death. L.R.A.1916D, 
 187. 
 Elements of loss of intangible character. 
 L.R.A.1916D, 188. 
 
 DAMAGES, III. 1— cont'd. 
 
 Marriage of injured person after his injury 
 as aflfecting damages recoverable for his 
 death from such injury. L.R.A.1915E, 
 1199. 
 
 niA. Injury to or detention of personal 
 property; conversion. 
 
 § 68. Injury or destruction. 
 
 Injury to growing crops, see infra, § 74. 
 
 Injury to trees, see infra, § 75. 
 
 Injury to personalty as element of damages 
 
 from condemnation of realty, see infra, 
 
 III. q. 
 
 In action by bailee for damages to bailed 
 property. 3 B. R. C. 393. 
 
 Measure of damages for damage to automo- 
 bile used for pleasure. L.R.A.1915C, 
 319. 
 
 Measure of damages in case of unlawful 
 seizure of mortgaged chattels by mort- 
 gagee assuming to act under mortgage. 
 L.R.A.1915E, 199. 
 
 § 69. Replevin. 
 
 Measure of recovery on replevin bond, see 
 supra, § 28. 
 
 Do damages in replevin for property con- 
 verted include value added by the 
 transportation of the goods of the 
 wrongdoer after conversion. 52 L.R.A. 
 (N.S.) 396. 
 
 § 70. Conversion. 
 
 Mitigation of, see supra, § 9a. 
 
 In action by bailee for conversion of bailed 
 
 property. 3 B. R. C. 393. 
 Loss of profits as element of damages for 
 conversion of logs or timber. 52 L.R.A. 
 (N.S.) 97. 
 Measure of damages in trover for injury 
 to, or destruction of, standing timber. 
 52 L.R.A.(N.S.) 93. 
 Do damages for conversion include value 
 added by the transportation of the 
 goods by wrongdoer after conver- 
 sion. 52 L.R.A.(N.S.) 392. 
 Introduction. 52 L.R.A. (N.S.) 392. 
 Actions of trover. 52 L.R.A. (N.S.) 393. 
 Wilful conversion. 52 L.R.A. 
 
 (N.S.) 393. 
 Inadvertent conversion. 52 L.R.A. 
 
 (N.S.) 394. 
 Vendee of original trespasser. 52 
 L.R.A.(N.S.) 395. 
 Actions of replevin. 52 L.R.A. (N.S.) 
 396. 
 Value of use of property as element or 
 measure of damages in action for con- 
 version of personal property. L.R.A. 
 1915B, 291. 
 
 Benin ivith this book on every law question. 
 
 n. Injury to, or detention 
 property. 
 
 1. In general, 
 
 § 71. Generally. 
 
 In condemnation proceedings, 
 III. q. 
 
 of, real 
 
 see infra. 
 
INDEX TO NOTES. 
 
 167 
 
 DAMAGES, III. u, 1— cont'd. 
 
 Duty of property owner to minimize dam- 
 ages from change of grade. 44 L.R.A. 
 (N.S.) 301. 
 
 3. Injury to, or destruction of, crops 
 or trees. 
 
 § 72. Removal of lateral or sub- 
 jacent support. 
 
 Measure and elements of damages recover- 
 able for non-negligent interference 
 with right of support. 5 B. R. C. 
 923. 
 
 Measure of damages generally. 5 B. R. 
 C. 925. 
 
 Prospective damages. 5 B. R. C. 930. 
 
 Recovery for collateral injuries. 5 B. 
 R. C. 934. 
 
 § 74. Crops. 
 
 By overflow, see infra, § 77. 
 
 Measure of damages for injury to or de- 
 struction of growing crops. 49 
 L.R.A. (N.S.) 415. 
 Perennial crops. 49 L.R.A. (N.S.) 416. 
 
 § 75. Trees and timber. 
 
 Loss of profits as element of damages for 
 wrongful destruction or conversion of 
 logs or timber. 52 L.R.A. (N.S.) 97. 
 Measure of damages for wrongful cutting 
 
 or destruction of stai.ding timber. 
 
 52 L.R.A. (N.S.) 9L 
 Destruction of timber by fire or gases. 
 
 52 L.R.A. (N.S.) 92. 
 Actions in nature of trover. 52 L.R.A. 
 
 (N.S.) 93. 
 
 3. Injury to water rights; overflow; 
 pollution. 
 
 § 76. Generally. 
 
 Loss of profits as elements of damages for 
 interference with water power of mill. 
 52 L.R.A.(N.S.) 1004. 
 
 § 77. Flooding; obstruction; surface 
 water. 
 
 Mitigation of damages, see supra, § 10a. 
 
 Measure of damages for injury to, or de- 
 struction of, growing crop by overflow. 
 49 L.R.A. (N.S.) 415. 
 
 o. Nuisance. 
 
 § SO. Generally. 
 
 Alay benefits from nuisance be set off 
 against damages. 45 L.R.A. (N.S.) 773. 
 
 q. Condemnation or depreciation in 
 value by eminent domain. 
 
 1. In general. 
 
 § 82. Generally. 
 
 Loss of profits as elements, see infra, § 
 
 113. 
 Right to compensation generally, see Emi- 
 nent Domain. IV. c. 
 Consult also L.R.A. Digests to date. 
 
 DAMAGES, III. q, I— cont'd. 
 
 Valuation of property of public utility com- 
 pany for condemnation purposes, see 
 also Public Service Cokpokations, § 5. 
 
 Right to interest on award. L.R.A. 1916C, 
 
 1109. 
 Constitutionality of statute empowering 
 public servie^e commission or other gen- 
 eral board to determine amount of com- 
 pensation in eminent domain proceed- 
 ings. 52 L.R.A.(N.S.) 850. 
 What damage or loss is within provision 
 for payment of damages upon discon- 
 tinuance of proceedings in eminent do- 
 main. 52 L.R.A.(N.S.) 262. 
 Evidence as to price paid for other prop- 
 erty by party seelcing to condemn prop- 
 erty for public use. 43 L.R.A. (N.S.) 
 985. 
 Compensation to be paid a public utility 
 company upon taking its plant. 47 
 L.R.A.(N.S.) 770. See also Pub- 
 lic Service Corpobations, § 5. 
 Water and light companies. 47 L.R.A. 
 (N.S.) 772. 
 Property that must be taken. 47 
 
 L.R.A.(N.S.) 773. 
 Property for which compensation 
 must be made. 47 L.R.A. 
 (N.S.) 773. 
 Methods of determining compen- 
 sation. 47 L.R.A.(N.S.) 
 774. 
 Valuation of material plant, 
 rights, and fran- 
 chises. 47 L.R.A. 
 (N.S.) 774. 
 Valuation not confined to 
 material plant. 47 
 L.R.A.(N.S.) 774. 
 Method of determining 
 material value. 47 
 L.R.A. (N.S.) 777. 
 Condition of plant. 47 
 
 L.R.A.(N.S.) 778. 
 Water and water rights. 
 47 L.R.A. (N.S.) 778. 
 Fact that utility com- 
 pany is a going con- 
 cern or has an estab- 
 lished business. 47 
 L.R.A.(N.S.) 779. 
 Good will. 47 L.R.A. 
 
 (N.S.) 781. 
 Franchise. 47 L.R.A. 
 
 (N.S.) 781. 
 Right to lay pipes in 
 streets. 47 L.R.A. 
 (X.S.) 784. 
 Right to take additional 
 land. 47 L.R.A. 
 
 (N.S.) 78.-,. 
 Policy of state in dealing 
 • with public service 
 
 corporations. 47 
 
 L.R.A. (N.S.) 785. 
 Value as dependent upon earn- 
 ing power. 47 L.R.A. 
 (N.S.) 785. 
 
 Rates. 47 L.R.A. (N.S.) 
 787. 
 
168 
 
 INDEX TO NOTES. 
 
 DAMAGES, III. q, I— cont'd. 
 
 Capitalization of income. 47 
 
 L.E.A.(N.S.) 787. 
 Selling price of capital stock. 
 
 47 L.R.A.(N.S.) 787. 
 Prior arbitration. 47 L.R.A. 
 
 (N.S.) 788. 
 Statute providing for pay- 
 ment of costs and interest. 
 47 L.KA.(N.S.) 788. 
 Severance of plants. 47 L.R.A. 
 
 (N.S.) 788. 
 Plant more expensive than neces- 
 
 ary. 47 L.R.A. (N.S.) 789. 
 Property not directly connected 
 with plant. 47 L.R.A. (N.S.) 
 789. 
 Limitation upon compensation. 
 
 47 L.R.A.(N.S.) 789. 
 Deduction on account of unreason- 
 able rates previously received. 
 47 L.R.A.(N.S.) 789. 
 As to vfhat time rights are deter- 
 mined. 47 L.R.A.(N.S.) 790. 
 Adjustment of mortgage indebted- 
 ness. 47 L.EA.(N.S.) 790. 
 Interest. 47 L.R.A.(N.S.) 790. 
 Costs. 47 L.R.A.(N.S.) 791. 
 Penalty. 47 L.R.A. (N.S.) 791. 
 Street railways. 47 L.R.A. (N.S.) 791. 
 Statutes.' '7 L.R.A.(N.S.) 791. 
 What \, i-ty is included. 47 
 
 L.R.A. (X.S.) 791. 
 Physical property as a basis. 47 
 L.E.A.(N.S.) 792. 
 Freedom from burdens imposed sub- 
 sequent to organization of 
 company. 47 L.R.A. (N.S.) 793. 
 Sun;is expended in obtaining fran- 
 chise. 47 L.R.A.(N.S.) 793. 
 Franchise. 47 L.R.A. (N.S.) 793. 
 Fact that francliise is not per- 
 petual. 47 L.R.A.(N.S.) 
 795. 
 Capitalization of rental value. 47 
 
 L.R.A.(N.S.) 795. 
 Penalty. 47 L.R.A. (N.S.) 795. 
 Toll roads, bridges, and veatervpays. 47 
 L.R.A.(N.S.) 795. 
 In general. 47 L.R.A. (N.S.) 795. 
 For what compensation must be 
 made. "47 L.R.A. (N.S.) 795. 
 Physical plant. 47 L.R.A. (N.S.) 
 
 79/. 
 
 Cost 
 
 47 
 
 of construction. 
 L.R.A.(N.S.) 797. 
 Statutory rule. 47 L.R.A. 
 (N.S.) 797. 
 Cost of reproduction. 
 
 L.R.A.(N.S.) 797. 
 Condition of structure. 
 
 L.R.A.(N.S.) 798. 
 Charges after award. 
 
 L.R.A.(N.S.) 798. 
 Liability to destruction. 
 
 L.R.A.(N.S.) 798. 
 Tollhouses. 47 L.R.A. (N.S.) 
 798. 
 Franchise. 47 L.R.A. (N.S.) 799. 
 Value of capital stock. 47 L.R.A. 
 (N.S.) 799. 
 
 47 
 
 47 
 
 47 
 
 47 
 
 DAMAGES, III. q, l—oont'd. 
 
 Earning power. 47 L.R.A. ( (N.S. > 
 
 799. 
 Competition. 47 L.R.A. ( N.S. ) 
 
 800. 
 True measure is value to owner. 
 47 L.R.A.(N.S.) 800. 
 Eight to compensation for fixtures in build- 
 ing taken. L.R.A.1915D, 492. 
 Rule same as between vendor and ven- 
 dee. L.R.A.1915D, 493. 
 Leaseholds. L.R.A.1915D, 494. 
 Coinpensation for depreciation in fix- 
 tures not taken. L.R.A.1915D, 495. 
 Miscellaneous. L.R.A.1915D, 496. 
 
 § 83. Value for special use. 
 
 Special value of property for the purpose of 
 which it is taken, as an element of com- 
 pensation in condemnation proceedings. 
 46 L.R.A.(N.S.) 392. 
 
 § 84. ImproTements made by one 
 taking property as element of 
 damages. 
 
 Owner's ■ right to compensation for improve- 
 ments made by taker before con- 
 demnation and without owner's 
 consent. L.R.A.1916F, 980. 
 Trespasser. L.R.A.1916F, 981. 
 
 Doctrine that owner does not profit 
 by trespasser's improvements. 
 L.R.A.1916F, 981. 
 Doctrine that a wilful trespasser 
 must pay for his improve- 
 ments. L.R.A.1916F, 985. 
 Entry under claim of title. L.R.A. 
 
 1916F, 987. 
 Unknown owners. L.R.A.1916F, 980. 
 Entry by leave of mortgagor, life ten- 
 ant, etc. L.R.A.1916F, 989. 
 Miscellaneous. L.R.A.1916F, 992. 
 
 § 86. For telephone or telegraph 
 right of tray. 
 
 Line on railway right of way. L.R.A.1916E, 
 
 582. 
 When private property is taken. L.R.A. 
 
 1916E, 583. 
 Line in street or highway. L.R.A. 1916E, 
 
 583. 
 
 S. Consequential injuries, 
 
 § 87. Generally. 
 
 Compensation for depreciation of land not 
 taken on condemnation of land for 
 school purposes. 48 L.R.A. (N.S.) 488. 
 
 Right to compensation for interference with 
 switch connections or other shipping 
 facilities. 52 L.R.A. (N.S.) 192. 
 
 Injury to, or expense of removing, per- 
 sonalty, as an element of damage for 
 taking real estate. L.R.A. 1916D, 719. 
 
 g 87a. By smoke. 
 
 Right to compensation in condemnation pro- 
 ceedings for damages to part of tract 
 not taken from smoke incidental to 
 operation of railroad. L.R.A.1916E, 
 
 445. 
 
 Begin ivitJi this boolc on every law question. 
 
INDEX TO NOTES. 
 
 169 
 
 DAMAGES, III. q, 2— cont'd. 
 § 87b. By noise. 
 
 Allowance for noise in proceedings to con- 
 demn railroad right of way. L.R.A. 
 1916E, 445. 
 
 3. As to abutting owners. 
 
 § 89. Generally. 
 
 Heasure of damages for right of way for 
 telegraph or telephone line in street or 
 highway. L.E.A.1916E, 583. 
 
 t. mental anguish. 
 
 1. In general. 
 
 % 96. Generally. 
 
 See also Fbight, §§ 2, 3. 
 
 Mental suffering as element of damages in 
 action against physician or surgeon. 
 51 L.R.A. (N.S.) 36. 
 
 ^ 97. For miscellaneous torts. 
 
 Mental anguish as basis of action for loss 
 of photograph. 47 L.K.A.(N.S.) 1120. 
 
 Humiliation as element of damages for ex- 
 clusion from place of amusement. 
 L.R.A.1915B, 1119. 
 
 § 98. Matters as to corpse. 
 
 Mental anguish resulting from failure to he 
 met at station when traveling with 
 corpse because of negligence in trans- 
 mission of telegram. 49 L.R.A. (N.S.) 
 234, 334. 
 
 Presumption of notice of urgency of tele- 
 gram relating to corpse in action to re- 
 cover for mental anguish. 49 L.R.A. 
 (N.S.) 319. 
 
 Right to recover for mental anguish con- 
 sequent on failure of telegraph com- 
 pany to transmit money for disposition 
 of corpse. 49 L.R.A. (N.S.) 335. 
 
 § 99. Sexual offenses. 
 
 As element of damages for enticement or 
 abduction of child. 45 L.R.A.(N.S.) 
 874. 
 
 § 100. From personal injuries gen- 
 erally. 
 
 Mental suffering as element of damages in 
 action against physician or surgeon. 
 51 L.R.A.(N.S.) 36. 
 
 Mental anguish over collateral consequences 
 of injury as element of damages for 
 personal injury. L.R.A.1916D, 1038. 
 
 Mental suffering arising from contemplation 
 of disfigurement or mutilation as ele- 
 ment of damages for personal injuries. 
 L.R.A.1916E, 898. 
 
 3. As to telegrams. 
 
 § 102. Generally. 
 
 As to measure of damages against telegraph 
 companies generally, see supra, § 41. 
 
 Jurisdictional extent of doctrine, as to re- 
 recovery of damages for mental an- 
 guish. 49 L.R.A. (N.S.) 211. 
 Consult also L.B.A. Digests to date. 
 
 DAMAGES, III. t, 2— cont'd. 
 Arguments for and against the doctrine. 
 49 L.R.A.(N.S.) 213. 
 Arguments in favor of doctrine. 49 
 L.R.A.(N.S.) 215. 
 Arguments against plea of dam- 
 num absque mjuria. 49 L.R.A. 
 (NjS.) 215. 
 Arguments that public policy sup- 
 ports the doctrine. 49 L.R.A. 
 (N.S.) 216. 
 Objections to the doctrine. 49 L.R.A. 
 (N.S.) 217. 
 Doctrine unknown to common law. 
 
 49 L.R.A.(N.S.) 217. 
 Difficulty of measuring damages. 
 
 49 L.R.A.(N.S.) 218. 
 No analogy to actions for breach 
 of promise, seduction, etc. 49 
 L.R.A.(N.S.) 222. 
 Danger of intolerable litigation. 
 
 49 L.R.A.(N.S.) 224. 
 Difliculty of applying doctrine 
 consistently. 49 L.R.A. (N.S.I 
 220. 
 Difficulty of securing evidence of 
 mental anguish. 49 L.R.A. 
 (N.S.) 226. 
 Discrimination against telegraph 
 companies. 49 L.R.A. (N.S.) 
 227. 
 Statutory liability of telegraph company. 
 49 L.R.A.(N.S.) 228. 
 Statutes general in character. 49 
 
 L.R.A.(N.S.) 228. 
 Statutes expressly providing for re- 
 covery of damages for mental an- 
 guish. 49 L.R.A.(N.S.) 229. 
 Constitutionality of statutes permit- 
 ting recovery for mental anguisli. 
 49 L.R.A. (N.S.) 337. 
 Character of mental suffering necessary 
 to sustain action for mental an- 
 guish. 49 L.R.A.(N.S.) 296. 
 Sources of mental anguish. 49 L.R.A. (N.S.) 
 231. 
 Absence from deathbed. 49 L.R.A. 
 
 (N.S.) 231. 
 Absence from funeral. 49 L.R.A. (N.S.) 
 
 232. 
 Inability to see remains before decora- 
 position set in. 49 L.R.A. (N.S.) 
 232. 
 Mistaken belief that relative was dead. 
 
 49 L.R.A.(N.S.) 233. 
 
 Failure to be met at station when 
 
 traveling with corpse. 49 L.R.A. 
 
 (N.S.) 234. 
 
 Burial delayed or in Unsuitable place 
 
 or manner. 49 L.R.A. (N.S.) 234. 
 
 Absence from sick bed. 49 L.R.A. 
 
 (N.S.) 235. 
 Absence of minister from sick bed. 49 
 
 L.R.A. (N.S.) 235. 
 Failure to secure services of physician. 
 
 49 L.R.A.(N.S.) 236. 
 Mental anguish because of another's 
 mental or physical suffering. 49 
 L.R.A.(N.S.) 236. 
 Being deprived of receiving or giving 
 consolation or advice. 49 L.R.A. 
 (N.S.) 300. 
 
170 
 
 INDEX TO NOTES. 
 
 DAMAGES, III. t, 2— cont'd. 
 
 Exposure to disease. 49 L.R.A. (N.S.) 
 
 238. 
 Inability to attend insane brother. 49 
 
 L.R.A.(N.S.) 238. 
 Failure to prevent unsuitable marriage. 
 
 49 L.R.A. (N.S.) 238. 
 Social and business telegrams. 49 
 L.R.A.{N.S.) 238. 
 Mental anguish that would have been re- 
 lieved by a telegram. 49 L.R.A. (N.S.) 
 305. 
 Mental anguish for delay in receiving bene- 
 fit of telegram. 49 L.R.A. (N.S.) 241. 
 Postponement of funeral as contingency 
 affecting recovery. 49 L.R.A. 
 (N.S.) 242. 
 Recovery on theory that funeral might 
 have been postponed. 49 L.R.A. 
 (N.S.) 242. 
 Duty of beneficiary to seek postpone- 
 ment. 49 L.R.A.(N.S.) 244. 
 Failure of those in charge of funeral 
 to postpone it. 49 L.R.A. (N.S.) 
 245. 
 Necessity of shovring other injury. 49 
 
 L.R.A.(N.S.) 246. 
 Necessity of distinguishing between mental 
 anguish caused by . the sickness or 
 death, and that caused by the defend- 
 ant's negligence. 49 L.R.A. (N.S.) 
 249. 
 Necessity and sufficiency of notice to the 
 telegraph company that negligence 
 in respect to the telegram might 
 cause raentaS anguish. 49 L.R.A. 
 (N.S.) 308. 
 Necessity of notice in general. 49 
 
 L.R.A.(N.S.) 309. 
 Sufficiency of notice of plaintiff's in- 
 terest in telegram. 49 L.R.A. 
 (N.S.) 311. 
 Mental anguish in respect to persons 
 not mentioned in the telegram. 
 49 L.R.A.(N.S.) 312. 
 Means of notice. 49 L.R.A. ( N.S. ). 313. 
 Social conversations of agent. 49 
 
 L.R.A. (N.S.) 314. 
 Notice afforded by other telegrams. 
 
 49 L.R.A.(N.S.) 314. 
 Duty of telegraph company to seek 
 information. 49 L.R.A. (N.S.) 
 315. 
 Presumption of notice of urgency from 
 nature or wording of telegram. 
 49 L.R.A.(N.S.) 315. 
 General nature of telegram. 49 
 
 L.R.A.(N.S.) 315. 
 Telegram relating, to sickness or 
 death. 49 L.R.A. (N.S.) 
 316. 
 Illustrative cases. 49 L.R.A. 
 (N.S.) 317. 
 Telegram not relating to serious 
 illness or death. 49 L.R.A. 
 (N.S.) 318. 
 Telegram relating to corpse. 49 
 L.R.A. (N.S.) 319. 
 Character of information imparted by 
 telegram. 49 L.R.A. (N.S.) 
 319. 
 
 Begin with this Jtoole on every law question. 
 
 DAMAGES, III. t, 2— cont'd. 
 
 Notice of relationship. 49 L.R.A. 
 (X.S.) 320. 
 
 Illustrative cases. 49 L.R.A. 
 (N.S.) 321. 
 Of probable action to be taken up- 
 on receipt of telegram. 49 
 
 L.R.A. (N.S.) 322. 
 Of burial at place other than that 
 
 from which telegram was sent. 
 
 49 L.R.A. (N.S.) 323. 
 Of possible burial in unsuitable 
 
 place or manner. 49 L.R.A. 
 
 (N.S.) 323. 
 Of possible death of sick person. 
 
 49 L.R.A.(N.S.) 324. 
 That interested party might be 
 
 denied consolation of presence 
 
 of relative. 49 L.R.A. (N.S.) 
 
 324. 
 That mental anguish might result 
 
 from a failure to be met. 49 
 
 L.R.A.(N.S.) 325. 
 Necessity of relationship and degree essen- 
 tial to recover for mental anguish 
 for failure to deliver telegram an- 
 nouncing death or illness. 49 
 L.R.A.(N.S.) 250. 
 Necessity of close relationship. 49 
 
 L.R.A.(N.S.) 251. 
 Presumption of .mental anguish arising 
 from close relationship. 49 L.R.A. 
 (N.S.) 253. 
 
 Necessity of proof of mental anguish 
 where relationship is not close. 49 
 L.R.A.(N.S.) 255. 
 
 Sufficiency of proof of affection where 
 relationship is not close. 49 L.R.A. 
 (N.S.) 256. 
 
 Rule that notice must be given to tele- 
 graph company of affection between 
 distant relations. 49 L.R.A. (N.S.) 
 256. 
 Necessity of allegation and proof that tele- 
 gram would have accomplished its 
 purpose. 49 L.R.A. (N.S.) 258. 
 
 Complaint. 49 L.R.A. (N.S.) 259. 
 
 Admissibility of evidence. 49 L.R.A. 
 (N.S.) 261. 
 
 Sufficiency of proof. 49 L.R.A. (N.S.) 
 262. 
 
 Independent act of third person. 49 
 L.R.A.(N.S.) 264. 
 
 Presumption that a train ran on the 
 scheduled time. 49 L.R.A. (N.S.) 
 265. 
 Effect of stipulations requiring notice of 
 
 loss to be given within specified time 
 
 49 L.R.A.(N.S.) 265. 
 Legality of contract for the transmissioB 
 
 of death messages on Sunday. 49 
 
 L.R.A.(N.S.) 266. 
 Degree of care required in respect to death 
 
 messages. 49 L.R.A. (N.S.) 266. 
 Proximate cause. 49 L.R.A. (N.S.) 266. 
 
 Delay in train as intervening cause 
 49 L.R.A. (N.S.) 268. 
 
 Where prompt delivery would not havs 
 prevented the mental anguish. 4£ 
 L.R.A. (N.S.) 268. 
 
INDEX TO NOTES. 
 
 171 
 
 DAMAGES, III. t, 2— cont'd. 
 Contributory negligence as a defense to an 
 action for mental anguish. 49 
 ' L.E.A.(N.S.) 270. 
 Where injury occurs because of plain- 
 titl's deliberate act. 49 L.R.A. 
 (N.S.) 271. 
 Duty to act promptly upon receipt of 
 information by delayed telegram 
 or otherwise. 49 L.R.A. (N.S.) 271. 
 Failure to act upon first information 
 of sickness. 49 L.R.A. (N.S.) 272. 
 Duty to seek other means of communi- 
 cation. 49 L.R.A.(N.S.) 273. 
 Duty to take other means of convey- 
 ance. 49 L.R.A.(N.S.) 273. 
 Duty to make attempt to secure post- 
 ponement of funeral. 49 L.K.A. 
 (N.S.) 274. 
 Effect of ignorance of ability to attend 
 funeral. 49 L.R.A. (N.S.) 275. 
 Parties. 49 L.R.A. (N.S.) 275. 
 
 Parties plaintiff. 49 L.R.A. (N.S.) 275. 
 Addressee or beneficiary. 49 
 L.R.A.(N.S.) 275. 
 Rule in Alabama. 49 L.Rjl. 
 (N.S.) 277. ■ 
 Right to recover of person who 
 is not mentioned in tele- 
 gram and whose interest 
 is not communicated to 
 the company. 49 L.R.A. 
 (N.S.) 277. 
 Wife of addressee. 49 L.R.A. 
 
 (N.S.) 278. 
 Rule in Alabama. 49 L.R.A. 
 (N.S.) 279. 
 Effect of payment of toll. 49 
 L.R.A.(N.S.) 279. 
 Parties defendant. 49 L.R.A. (N.S.) 
 279. 
 Pleading. 49 L.R.A. (N.S.) 279. 
 Procedure and practice generally. 49 L.R.A. 
 (N.S.) 281. 
 Propriety of instructions. 49 L.R.A. 
 
 (N.S.) 281. 
 Form of action. 49 L.R.A. (N.S.) 281. 
 Evidence of mental anguish. 49 L.R.A. 
 (N.S.) 283. 
 Presumptions and direct proof as to 
 mental anguish. 49 L.R.A. 
 (N.S.) 283. 
 Alabama. 49 L.R.A. (N.S.) 283. 
 Arkansas. 49 L.R.A. (N.S.) 283. 
 Iowa. 49 L.R.A. (N.S.) 283. 
 Kentucky. 49 L.R.A. (N.S.) 284. 
 North Carolina. 49 L.R.A. (N.S.) 
 
 284. 
 South Carolina. 49 L.R.A. (N.S.) 
 
 284. 
 Texas. 49 L.R.A. (N.S.) 285. 
 Competency and sufficiency of evidence, 
 generally. 49 L.R.A. (N.S.) 
 285. 
 Evidence of special affection. 49 
 
 L.R.A.(N.S.) 287. 
 Statements of sick persons before 
 death. 49 L.R.A. (N.S.) 287. 
 Presumption as to consciousness. 
 
 49 L.R.A.(N.S.) 289. 
 Evidence disproving mental an- 
 guish. 49 L.R.A.(N.S.) 289. 
 Consult also L.B.A. Digests to date. 
 
 DAMAGES, III. t, 2— cont'd. 
 Special defenses. 49 L.R.A. (N.S.) 289. 
 Exemplary damages. 49 L.R.A. (N.S.) 291. 
 Alabama. 49 L.R.A. (N.S.) 291. 
 Arkansas. 49 L.R.A. (N.S.) 291. 
 Kansas. 49- L.R.A. (N.S.) 291. 
 Mississippi. 49 L.R.A. (N.S.) 291. 
 Oklahoma. 49 L.R.A. (N.S.) 292. 
 South Carolina. 49 L.R.A. (N.S.) 292. 
 Tennessee. 49 L.R.A. (N.S.) 292. 
 Texas. 49 L.R.A. (N.S.) 292. 
 Amount of damages. 49 L.R.A. (N.S.) 327. 
 Being kept from bedside or funeral of 
 relative. 49 L.R.A. (N.S.) 329. 
 
 Of husband or wife. 49 L.R.A. 
 (N.S.) 329. 
 
 Of child. 49 L.R.A. (N.S.) 330. 
 
 Of grandchild. 49 L.R.A. (N.S.) 
 331. 
 
 Of parent. 49 L.R.A. (N.S.) 331. 
 
 Of brother or sister. 49 L.R.A. 
 (N.S.) 334. 
 Being deprived of privilege of attend- 
 ing insane brother. 49 L.R.A. 
 
 (N.S.) 334. 
 Failure to be met when traveling with 
 
 corpse. 49 L.R.A. (N.S.) 334. 
 Failure to receive money for disposi- 
 tion of corpse. 49 L.R.A. (N.S.) 
 
 335. 
 Being deprived of consolation of an- 
 other's presence at funeral. 49 
 
 L.R.A.(N.S.) 335. 
 Being deprived of presence of minister 
 
 at deathbed of child. 49 L.R.A. 
 
 (N.S.) 335. 
 Being deprived of presence of physician 
 
 to attend member of family. 49 
 
 L.R.A. (N.S.) 336. 
 Mistaken belief that relative was dead 
 
 or seriously ill. 49 L.R.A. (N.S.) 
 - 336. 
 Failure to receive railroad ticket. 49 
 
 L.R.A.(N.S.) 336. 
 Failure to be met at station. 49 L.R.A. 
 
 (N.S.) 336. 
 Physical suffering due to mental anguish as 
 basis of action where no recovery is 
 allowed for mental anguish alone. 49 
 L.R.A.(N.S.) 343. 
 
 § 103. As to illness or death. 
 
 Recovery of damages for mental anguish in 
 case of telegrams announcing illness or 
 death. 49 L.R.A. (N.S.) 211. 
 
 3. Carriers' cases. 
 
 § 104. Generally. 
 
 As to measure of damages against carrier, 
 
 generally, see supra. III. d. 
 See also Fright. 
 
 § 105. Ejection. 
 
 Ejection of sick or intoxicated passenger 
 L.R.A.1915C, 146. 
 
 u. Loss of 'profits. 
 1. In general. 
 
 % 107. Generally. 
 
 As element of damages for carrier's failure 
 to furnish cars in absence of contract. 
 44 L.R.A.(N.S.) 655. 
 
172 
 
 INDEX TO NOTES. 
 
 DAMAGES, III. u, 1—confd. 
 
 Loss of profits as element of damages for 
 
 wrongful attachment. 46 L.E.A.(N.S.) 
 
 470. 
 
 § 108. For tort. 
 
 Loss of profits as element of damages for 
 interference with water power of 
 mill. 52 L.R.A.(N.S.) 1004. 
 Cases holding profits recoverable. S2 
 
 L.R.A.(N.S.) 1005. 
 Cases holding profits not recoverable. 
 52 L.R.A.(N.S.) 1007. 
 Loss of profits as , element of damages for 
 wrongful destruction or conversion of 
 logs or timber. 52 L.E.A.(N.S.) 97. 
 
 § 109. For conversion. 
 
 Loss of profits as element of damages for 
 wrongful destruction or conversion of 
 logs or timber. 52 L.R.A.(N.S.) 97. 
 
 § 113. In eminent domain cases. 
 
 General rules. L.R.A.1916C, 1094. 
 
 Where property is taken, in whole or in 
 
 part, for railway purposes. L.E.A. 
 
 1916C, 1095. 
 Where tangible property is taken for other 
 
 than railway purposes. L.R.A.1916C, 
 
 1096. 
 Where property taken consists of a fran- 
 chise or privilege. L.R.A.1916C, 1097 
 Where property is injured, but not taken. 
 
 L.E.A.1916C, 1097. 
 Loss of profits from suspension of business 
 
 while moving. L.E.A.1916C, 1097. 
 Loss of profits as elements of damages for 
 
 interference with water power of mill 
 
 in condemnation proceedings. 52 
 
 L.R.A.(N.S.) 1008. 
 
 2. For Itreach of contract. 
 
 § 114. Generally. 
 
 For breach of contract of partnership. 51 
 L.R.A.(N.S.) 84. 
 
 For breach of automobile distribution con- 
 tract. L.R.A.1915B, 114. 
 
 Right of one employed on commission to 
 recover for loss of profits where em- 
 ployment is unlawfully terminated. 
 L.R.A.1916B, 872. 
 
 § 115. Of sale or purchase generally. 
 
 § 116. — breach of warranty. 
 
 Loss of profits from inability to use horses 
 as element of damages for breach of 
 warranty. 43 L.R.A.(N.S.) 153. 
 
 § 117. As to telegram. 
 
 Loss of profits as element of damages for 
 breach of contract to transmit tele- 
 gram. 49 L.R.A.(N.S.) 927. 
 
 § 118. Liability of carrier. 
 
 Liability of carrier preventing exhibition of 
 show by breach of contract of carriage 
 for loss of profits. 49 L.R.A.{N.S.) 
 491. 
 
 DAMAGES, III.— cont'd. 
 
 V. Prospective. 
 
 § 119. Generally. 
 
 Prospective damages for non-negligent in' 
 terference with lateral support. 5 B. 
 E. C. 923. 
 
 DAMS. 
 
 § 1. Generally. 
 
 Ownership of dam as giving exclusive right 
 to water impounded. 3 B. R. C. 56ti. 
 
 # « » 
 
 DANCE HAIiL. 
 
 License of, see License, § 23. 
 « « > • 
 
 DANCING. 
 
 License of, see License, § 23. 
 
 DANGER. 
 
 Voluntary exposure to unnecessary danger, 
 see IxsuEANOE, § 164. 
 
 DANGEROUS AGENCIES. 
 
 Electricity, see Electricity. 
 
 Firearms, see Fireabms. 
 
 Master's liability for injury to servant by, 
 
 see llASTEE AND Seevant, III. a, 6. 
 Master's liability for injury by servant to 
 
 third person by, see Masteb and Sebv- 
 
 a^:t, § 177. 
 In general, see Negligence, I. b, 2. 
 
 < » » 
 
 DANGEROUS ANIMALS: 
 
 See Animals. 
 
 <«» 
 
 DANGEROUS ARTICLES. 
 
 In general, see Negligence, §§ 13-15. 
 
 DANGEROUS ATTRACTIONS. 
 
 See Negligence, § 23. 
 
 Begin ivith this hoolc on every law question. 
 
 DANGEROUS PREMISES. 
 
 See Negligence, I. b, 3. 
 
INDEX TO NOTES. 
 
 173 
 
 DANGEROUS WEAPONS. 
 
 Sw; Caerying Weapons; Fibearms; Weap- 
 ons. 
 
 DATE. 
 
 § 1. Generally. 
 
 Dating will. L.R.A.1916E, 499. 
 Antedating lease as affecting priority of 
 
 landlord's lien. L.R.A.1916F, 450. 
 Sufficiency of recital as to, in certificate of 
 
 married woman's acknowledgment. 
 
 45 L.E.A.(N.S.) 1123. 
 
 § Z. Of negotiable instruments. 
 
 Of negotiable paper as putting purchaser 
 
 on inquiry. 44 L.R.A.(N.S.) 395. 
 Alteration of date of note. 51 L.E.A. 
 
 (N.S.) 346. 
 Implied or apparent authority to insert or 
 
 complete date of commercial paper. 
 
 L.R.A.1916, 1266. 
 
 *--*■ 
 
 DATS OF GRACE. 
 
 Applicability to premium notes of provi- 
 sions in policy for days of grace for 
 payment of premium. 5 B. R. C. 434. 
 
 •-•-♦ 
 
 DEAD ANIMALS. 
 
 Ordinances with respect to disposal of. 48 
 L.R.A.(N.S.) 979. 
 
 < « » 
 
 DEAD BODIES. 
 
 See CoBPSE. 
 
 < « » 
 
 DEADLY WEAPON. 
 
 In general, see Cabbting Weapons; Fibe- 
 arms ; Weapons. 
 Homicide while using, see Homicide, § 16. 
 
 *-•-• 
 
 DEAFNESS. 
 
 Unknown deafness of juror as ground for 
 new trial. 50 L.R.A.(N.S.) 977. 
 
 ♦» > 
 
 DEALERS. 
 
 Monopolistic combinations of, see Monopolt 
 
 AND Combination, II. 
 Liability of, for injury by article sold, see 
 
 Negligence, § 15. 
 
 Mistake in beverage as defense to charge of 
 illegal sale of liquor by. L.R.A.1916D, 
 266. 
 Consult also L.R.A. Digests to date. 
 
 DEATH. 
 
 7. In general, §§ l-2a. 
 II. Bight of action for, §§ 3—10. 
 
 a. In general, §§ 3—6. 
 
 b. Who may maintain action, and 
 
 for whom, §§ 7—10. 
 
 III. Who liahle for causing, §11. 
 
 IV. Defenses, §§ 13, 13. 
 
 T. Compromise of claim for; release, 
 
 § 14:. 
 
 YI. Effect of, §§ 15-33. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Civil death, see Civil Death. 
 
 Revival of action abated by, see Abate- 
 ment AND Revival, § 8. 
 
 Measure of damages for, see Damages, § 7; 
 III. 1. 
 
 Allowance for mental anguish from failure 
 to deliver telegram announcing, see 
 Damages, § 102. 
 
 Descent and distribution of property after, 
 see Descent and Distribution. 
 
 Attack on decree in divorce suit after death 
 of one or both of the parties, see Di- 
 vorce AND Separation, § 19. 
 
 Presumption of, see Evidence, § 30. 
 
 Admissibility of acts and declarations of 
 deceased person, see Evidence, §§ 229- 
 231. 
 
 As to dying declarations, see Evidence, § 
 242. 
 
 Transmission of homestead in case of, see 
 Homestead, V. 
 
 Physician's private records or memoranda 
 as evidence of. L.R.A.1915F, 803. 
 
 Liability of infant for legal services in ac- 
 tion for death. 44 L.R.A. (N.S.) 412. 
 
 Do loan contracts canceled upon death con- 
 stitute insurance. 47 L.R.A.(N.S.) 298. 
 
 Voluntariness of confession induced by fear 
 of death. 50 L.R.A. (N.S.) 1087. 
 
 § 2a. Cause of. 
 
 Opinion evidence as to cause of, see Evi- 
 dence, § 187b. 
 Of insured, see Insurance, VIII. c, 2. 
 Proximate cause of, see Pboximate Cause. 
 
 Admissibility of finding of coroner to show 
 cause of. 45 L.R.A. (N.S.) 404. 
 
 II. Right of action for. 
 a. In general. 
 
 § 3. Generally. 
 
 Survival of cause of action for death, see 
 Abatement and Revival, § 3. 
 
 Conflict of laws as to, see Conflict of 
 Lavts, § 22. 
 
 Claim for detlth as within statute or ordi- 
 nance requiring notice or presentation 
 as a condition of municipal liability. 
 50 L.R.A. (N.S.) 185. 
 
 Pendency of action for personal injury as 
 abatement of action for death. L.R.A. 
 1915E, 1132. 
 
174 
 
 INDEX TO NOTES. 
 
 DEATH, II. a.— cont'd. 
 
 Jurisdiction of, and law governing, action 
 for death on waters. L.R.A.1916A, 
 1157. 
 Judgment in one state in an ^.ction for 
 death as affecting action in another 
 ■ state for the same death. L.R.A.1915F, 
 737. 
 Instantaneous death as test of right of ac- 
 tion or amount of recovery. L.R.A. 
 1916C, 973. 
 As affecting applicability of statutes. 
 L.K.A.1916C, 974. 
 Lord Campbell's act. L.R.A.1916C, 
 
 974. 
 General survival statutes. L.R.A. 
 
 1916C, 976. 
 Punitive statutes. L.R.A.1916C, 
 
 978. 
 Miscellaneous. L.R.A.1916C, 979. 
 As affecting damages recoverable. 
 
 L.R.A.1916C, 980. 
 What constitutes instantaneous death. 
 L.R.A.1916C, 981. 
 Doctrine of continuing injury. 
 L.R.A.1916C, 983. 
 Death by drowning. L.R.A. 
 1916C, 983. 
 Distinction between instantaneous 
 and immediate 'death. L.R.A. 
 1916C, 984. 
 Proof of time of death. L.R.A.1916C, 
 
 984. 
 Conscious suffering. L.R.A.] 916C, 985. 
 Matters of pleading. L.R.A.1916C, 
 986. 
 Assignability of cause of action for. 45 
 
 L.R.A.(N.S.) 1098. * 
 
 Right to recover for intentional killing of 
 
 person. 46 L.R.A. (N.S.) 930. 
 Right of action in the absence of a civil 
 damage act for death following unlaw- 
 ful sale of liquor. 44 L.R.A. (N.S.) 
 299. 
 Right of action for death resulting from 
 prenatal injury. 45 L.R.A. (N.S.) 625. 
 Nature of right of action in favor of in- 
 jured person, which will satisfy the 
 condition of the death statute in the 
 event of his death. 51 L.R.A. (N.S.) 
 711. 
 
 § 4. Action under foreign statute; 
 conflict of lavrs. 
 
 See OoxFLicT of Laws, § 22. 
 
 § 6. Distinct causes of action. 
 
 Several actions for death, or injury causing 
 
 death. L.R.A.1915E, 1095. 
 Judgment in action for personal injury as 
 
 abatement of action for death or vice 
 
 versa. L.R.A.1915E, 1152. 
 
 6. Who may maintain action, and for 
 whom. 
 
 § 7. Generally. 
 
 Defense to action, see infra, IV. 
 Right of action for death of infant, see In- 
 fants, § 39 
 
 DEATH, II. h— cont'd. 
 
 Beneficiaries and parties plaintiff to statu- 
 tory action for death including 
 necessity of pecuniary loss or de- 
 pendency. L.R.A.1916E, 118. 
 Statutoiy construction as to benefici- 
 aries. L.R.A.1916E, 120. 
 In general; term "heirs" and "next 
 
 of kin." L.R.A.1916E, 120. 
 Parents. L.R.A.1916E, 120. 
 
 As affected by age or status 
 of child. L.R.A.1916E, 
 
 122. 
 Adult child. L.R.A.1916E, 
 
 122. 
 Child of tender years or 
 unborn. L.R.A.1916E, 
 122. 
 Emancipated or aban- 
 doned child. L.R.A. 
 1916E, 122. 
 As between the parents. L.R.A. 
 1916E, 123. 
 Father. L.R.A.1916E, 124. 
 Mother. L.R.A.1916E, 124. 
 Adoptive parents. L.R.A. 
 
 1916E, 126. 
 Persons in loco parentis. 
 L.R.A.1916E, 126. 
 Husband. L.R.A.1916E, 126. 
 Widow. L.R.A.1916E, 128. 
 
 Abandonment of husband or 
 
 commission of adultery. 
 
 L.R.A.1916E, 129. 
 
 Minor children. L.R.A.1916E, 129. 
 
 Posthumous child. L.R.A. 
 
 1916E, 130. 
 Grandchildren or stepchildren. 
 L.R.A.1916E, 130. 
 Brothers and sisters. L.R.A. 1916E, 
 131. 
 In general; after-born. L.R.A. 
 
 1916E, 131. 
 By adoption. L.R.A.1916E, 
 
 132. 
 
 Illegitimate. L.R.A.1916E, 132. 
 
 Nonrelatives. L.R.A.1916E, 132. 
 
 Order of preference. L.R.A.1916E, 132 
 
 As between widow and children or 
 
 other heirs. L.R.A.1916E, 133. 
 
 As between husband and otlier 
 
 heirs. L.R.A.1916E, 134. 
 As between husband and wife. 
 
 L.R.A.1916E, 134. 
 Miscellaneous preferences. L.R.A. 
 
 1916E, 135. 
 Effect of disqualification or failure 
 of preferred beneficiary to sue. 
 L.R.A.1916E, 135. 
 Necessity of existence of beneficiarv. 
 L.R.A.1916E, 136. 
 In general ; recovery by or for bene- 
 fit of beneficiary. L.R.A. 
 1916E, 136. 
 Recovery for estate. L.R.A.] 916E, 
 
 138. 
 Recovery to be distributed accord- 
 ing to law. L.R.A.1916E, 139. 
 Necessity and sufficiency of pecuniary 
 loss to beneficiaries. 
 Meaning of term. L.R.A. 1916E, 
 142. 
 
 Begin with this hooTc on every law question. 
 
INDEX TO NOTES. 
 
 175 
 
 DEATH, II. \>— cont'd. 
 
 Sufficiency of pecuniary loss. 
 L.R.A.1916E, 143. 
 As affected by relationship be- 
 tween deceased and bene- 
 ficiary. L.E.A.1916E, 143. 
 Presumption as to pecuniary 
 loss. L.R.A.1916E, 144. 
 Character and sufficiency of evi- 
 dence to establish pecuni- 
 ary loss. L.R.A.1916E, 
 145. 
 Necessity of legal claim on de- 
 ceased for support or aid. 
 L.R.A.1916E, 148. 
 As to direct kindred. L.R.A. 
 
 1916E, 149. 
 Collateral kindred. L.R.A. 
 
 1916E, 151. 
 Particular evidence. L.R.A. 
 1916E, 152. 
 Necessity of dependency upon deceased. 
 L.R.A.1916E, 155. 
 In general; wholly or partially. 
 
 L.R.A.1916E, 155. 
 Sufficiency of dependency. L.R.A. 
 1916E, 157. 
 Statutory construction as to party 
 plaintiff. L.R.A.1916E, 160. 
 Personal representative. L.R.A. 
 1916E, 160. 
 As between representative and 
 beneficiary. L.R.A.1916E, 
 163. 
 Where action is for benefit of 
 decedent's estate. L.R.A. 
 1916E, 163. 
 Where Instantaneous death is 
 made the test. L.R.A. 
 1916E, 165. 
 Action by personal representative 
 or beneficiary. L.R.A.1916E, 
 165. 
 Joinder of personal representative 
 and beneficiary. L.R.A.1916E, 
 166. 
 Who may sue as personal repre- 
 sentative. L.R.A.1916E, 
 166. 
 Executor or administrator. 
 
 L.R.A.1916E, 166. 
 Special or ancillary adminis- 
 trator. L.R.A.1916E, 166. 
 Foreign or local administrator. 
 L.R.A.1916E, 166. 
 Guardian. L.R.A.1916E, 166. 
 Beneficiaries. L.R.A.1916E, 166. 
 Action by widow. L.R.A. 
 
 1916E, 166. 
 Action by husband. L.R.A. 
 
 1916E, 168. 
 Action by children. L.R.A. 
 
 191GE, 168. 
 Action by parents. L.R.A. 
 
 1916E, 169. 
 Joinder of beneficiaries. L.R.A. 
 1916E, 170. 
 Amendment as to plaintiff. L.R.A. 
 1916E, 172. 
 ^Jonsult also L.B.A. Digests to date. 
 
 DEATH, II. h— cont'd. 
 Necessity of Interest or estate In premises 
 affected by nuisance to sustain action 
 for death from the nuisance. 43 L.R.A. 
 (N.S.) 871. 
 Right of husband to recover in action for 
 breach of warranty, for loss of services 
 of wife, occasioned by her Injury or 
 death in consequence of such breach. 3 
 B. R. C. 197. 
 Statutory right of adult child to recover 
 for death of parent. L.R.A.1916E, 
 176. 
 As affected by terms of statute. L.R.A. 
 
 1916E, 177. 
 Necessity of pecuniary loss. L.R.A. 
 1916E, 177. 
 Nominal damages. L.R.A.1916E, 
 
 177. 
 Substantial damages. L.R.A. 
 1916E, 178. 
 Evidence showing pecuniary 
 loss. L.R.A.1916E, 
 180. 
 Support. L.R.A.1916E, 
 
 181. 
 Contributions or gifts. 
 
 L.R.A.1916E, 181. 
 Existence of family rela- 
 tion. L.R.A.1916E, 
 182. 
 Service of parent. L.R.A. 
 
 1916E, 183. 
 Accumulations by parent. 
 L.R.A.1916E, 184. 
 Punitive statutes. .L.R.A.1916E, 184. 
 Who may maintain action under Federal 
 employers' liability act. 47 L.R.A. 
 (N.S.) 73; L.R.A.1915C, 76. 
 
 § 8. For death or benefit of illegiti- 
 mate. 
 
 Mother's statutory right of action for death 
 of illegitimate child. L.R.A.1916E, 125. 
 
 Statutory right of action for death of illegit- 
 imate where mother is dead. L.R.A. 
 1916E, 132. 
 
 § 9. Parents. 
 
 Parent's right of action for death of illegiti- 
 mate child, see supra, § 8. 
 
 Parent's statutory right of action for deatli 
 of child. L.R.A.1916E, 120. 
 As affected by age or status of child. 
 L.R.A.1916E, 122. 
 Adult child. L.R.A.1916E, 190. 
 In general — different forms of 
 statutes. L.R.A.1916E, 
 
 190. 
 Necessity of pecuniary loss. 
 L.E.A.1916E, 192. 
 Nominal damages. L.R.A. 
 
 1916E, 192. 
 Substantial damages. 
 
 L.R.A.1916E, 194. 
 Facts showing loss. L.R.A., 
 1916E, 197. 
 Child of tender years or unborn. 
 
 L.R.A.1916E, 122. 
 Emancipated or abandoned child. 
 L.R.A.1916E, 122. 
 
176 
 
 INDEX TO .NOTES. 
 
 DEATH, II. h— cont'd. 
 
 As between the parents. L.E.A.1916E, 
 123. 
 Father. L.R.A.1916E, 124. 
 Mother. L.R.A.1916E, 124. 
 Adoptive parents. L.R.A.1916E, 126. 
 Persons in loco parentis. L.E.A.1916E, 
 126. 
 
 § 10. Fersonal representative. 
 
 Personal representative as proper party to 
 
 maintain statutory action for death. 
 
 L.R.A.1916E, 160. 
 Right of personal representative, to revive 
 
 action for personal injury. L.R.A. 
 
 1915E, 1129. 
 
 III. Who liable for causing. 
 
 § 11. Generally. 
 
 Liability for causing generally, see Negli- 
 
 , GEIfCB, T. 
 Carrier's liability, see Caemees, III. 
 Criminal responsibility, see Homicide. 
 Master's liability, see Mastee and Servant, 
 
 III. a. 
 Liability of railroad companies generally 
 
 for causing, see Railroads, VII. 
 
 Civil liability for killing one person while 
 acting in self-defense against a third 
 person. 50 L.R.A. (N.S.) 1069. 
 
 Liability of peace officer or his bond for 
 shooting a person while attempting to 
 arrest him. 51 L.R.A. (N.S.) 1179. 
 
 IT. Defenses. 
 
 § 12. Generally. 
 
 Necessity of alleging that action for death 
 is within the statutory period. L.R.A. 
 1915E, 1192. 
 Eight of action by administrator when ac- 
 tion to recover for personal injuries 
 was barred at the time of the injured 
 person's death. L.E.A.1915E, 1178. 
 Abandonment of wife or child as affecting 
 their right to recover damages for 
 the negligent killing of the husband 
 or father. L.E.A.1916C, 806. 
 Widow. L.E.A.1916C, 806. 
 Children. L.E.A.1916C, 807. 
 
 V. Com/promise of claim, for; release. 
 
 § 14. Generally. 
 
 Furnishing medical attention as a consider- 
 ation for release of liability for death. 
 46 L.R.A.(N.S.) 419. 
 Release of all claim for injury before receiv- 
 ing injury resulting in death, as affect- 
 ing right of statutory beneficiaries. 
 L.R.A.1915E, 1170. 
 Does settlement by injured person of his 
 claim against tort feasor preclude 
 an action for his death resulting 
 from the injury. L.R.A. 1915E, 
 1163. 
 Where right or beneiiciaries is based 
 upon a punitive statute. L.E.A. 
 1915E, 1167. 
 
 Begin with this hooTe on every law question. 
 
 > DEATH— comt'd. 
 
 ri. Effect of. 
 
 § 15. Generally. 
 
 Abatement of action by, see Abatement 
 AND EevivAl, §§ 2, 3. 
 
 Effect of civil death, see Civil Death. 
 
 Effect of, on admissibility of entries, mem- 
 oranda, and declarations, see Evidence. 
 
 Dissolution of partnership by, see -Part- 
 nership, VII. b. 
 
 Eevocation of agency by, see Principal ani> 
 Agent, § 7. 
 
 Effect on competency of witness, see Wit- 
 nesses, II. c. 
 
 Divorce as equivalent of death for purpose 
 of terminating a trust. L.R.A. 1915E, 
 762. 
 
 Disposition of appeal or motion for new 
 trial where because of death of official 
 stenographer the record is lost or in- 
 complete. L.E.A.1915B, 356. 
 
 Effect of death of father, mother surviving, 
 on domicil of child. 49 L.E.A. (N.S.) 
 866. 
 
 Domicil of infant after death of both par- 
 ents. 49 L.E.A.(N.S.) 875. 
 
 Effect of death of landlord who had only 
 a life estate to transfer the reversion. 
 L.R.A.1915C, 207. 
 
 Death of wife as affecting alimony. L.E.A. 
 1916B, 854. 
 
 Does obligation for support of child under 
 provision in decree of divorce or sep- 
 aration survive the death of the obligor. 
 48 L.E.A.(N.S.) 429. 
 
 Effect of death of person elected before tak- 
 ing office or of his failure to qualify. 
 50 L.E.A.(N.S.) 374. 
 
 Eight of candidate receiving next highest 
 number of votes where person receiving 
 highest number died before election. 61 
 L.R.A.(N.S.) 226. 
 
 § 16. Upon judgment or execution. 
 
 Right to contest the validity of a divorce 
 decree after the death of one or both 
 of the parties. 44 L.R.A.(N.S.) 505. 
 
 § 17. On contract generally. 
 
 As excuse for nonperformance of contract, 
 see Contracts, § 125. 
 
 Effect on contract of death of party thereto. 
 45 L.R.A.(N.S.) 349. 
 
 Contracts in general. 45 L.R.A. (N.S.) 
 349. 
 
 Guaranty. 45 L.R.A.(N.S.) 360. 
 Effect of death of drawer of check as a. 
 
 revocation thereof. 43 L.R.A.(N.S.) 
 
 109. 
 Effect of death of subscriber as revolting 
 
 subscription to charity. 48 L.E.A. 
 
 (N.S.) 801. 
 Does contractual obligation for support of 
 
 a child survive the death of the obligor. 
 
 48 L.E.A.(N.S.) 429. 
 Substitute conveyance after grantor's death. 
 
 44 L.R.A.(N.S.) 851. 
 Effect of death of drawer of cheek as a 
 
 revocation thereof. L.E.A.1916A, 717. 
 
INDEX TO NOTES. 
 
 in 
 
 DEATH, VI.— cont'd. 
 
 Assignment of policy of life insurance as 
 affected by death of assignee before in- 
 sured. L.R.A.19J6F, 785. 
 
 § 18. Of one employing attorney. 
 
 Death of attorney employed on a contin- 
 gent fee, before final adjudication or 
 settlement, as affecting compensation. 
 52 L.E.A.(N.S.) 381. 
 
 § 19. Of insured. 
 
 Kffect of refusal to deliver policy containing 
 stipiilation that it shall not become 
 binding unless delivered to assured 
 while in good health, because of death 
 of assured. L.R.A.1916F, 174. 
 
 Effect of death of assured before contemplat- 
 ed change of beneficiary is complete. 
 L.R.A.1915A, 580. 
 
 § 21. Of guarantor or surety. 
 
 Of guarantor, see Gtjaeakty, § 10. 
 
 * » » 
 
 DEATH DUTIES. 
 
 See Taxes, VI. 
 
 4 « » 
 
 DEBATES. 
 
 Power of school authorities to require par- 
 ticipation by pupils in debates. 47 
 L.R.A.(X.S.) 202. 
 
 DEBAVCHMENT. 
 
 See Sedtjctio;«. 
 
 DEBT. 
 
 § 1. Generally. 
 
 Assumption of, see Assumption of Debt; 
 
 ilOETGAGE, IV. 
 
 Application of deposit to payment of deposi- 
 tor's debt, see Banks, § 17. 
 
 Promise to answer for the debt of another, 
 see CoNTBACTS, § 37; Gtjabantt. 
 
 Liability of consolidated corporation for 
 debts of predecessor, see Coepokations, 
 § lo. 
 
 Debt limit, see Counties, § 3. 
 
 Debts due from decedent's estate, see ExEC- 
 UTOES and Administeatoes, IV. a. 
 
 Promise to pay debt of another, see Guar- 
 anty. 
 
 Imprisonment for, see Impeisonment foe 
 Debt. 
 
 Liability of partnership, see Paetnebship, 
 IV. 
 
 Payment of, see Payment. 
 
 Right to set off debts, see Set-Off and 
 
 COUNTEECI.AIMS. 
 
 Subrogation of person discharging, see Sub- 
 rogation. 
 Consult also L.R.A. Digests to date. 
 
 Ji'EBT— cont'd. 
 
 Of county, see Counties, § 9. 
 
 See also Debtor and Ckeditob. 
 
 Charging one with refusal to pay, as libel' 
 or slander. L.R.A.1915E, 455. 
 
 Eight to apply indebtedness owed by cred- 
 itor to debtor for purpose of tolling 
 statute of limitations. L.R.A.1915E, 
 794. 
 
 Debts to be considered in determining exis- 
 tence of amount of indebtedness neces- 
 sary to adjudge one an involuntary 
 bankrupt. L.R.A.1916E, 631. 
 
 Presumption of satisfaction of debt by leg- 
 acy or devise to creditor. L.R.A.1915B, 
 1156. 
 
 General direction in will to pay debts as- 
 charging homestead. 44 L.R.A. (N.S.) 
 1177. 
 
 Necessity of pleading statute of frauds in 
 action on promise to pay debt of an- 
 other. 49 L.R.A.(N.S.) 32. 
 
 § 2. Payment of, as consideration. 
 
 See Contracts, § 11. 
 
 § 3. Collection of. 
 
 Authority of agent to collect, see Pei>;cipal 
 a:sd Agent, § 19. 
 
 Efforts to collect debt as extortion. L.R.A. 
 1915B, 1140. 
 
 Deduction of indebtedness owing to remote 
 ancestor by predeceased immediate' 
 ancestors. 47 L.R.A.(N.S.) 1026. 
 
 g 4. Situs of. 
 
 Where debt is garnishable, see Garnish- 
 ment, § 12. 
 
 DEBTOR AND CREDITOR. 
 
 g 1. Generally. 
 
 Insolvent debtors, see Assignment for 
 Cbeditoes; Bakkbuptcy; Banks, VI.; 
 
 COEPOEATIONS, X.; INSOLVENCY; RE- 
 CEIVERS. 
 
 Remedies of creditor, see Attachment; 
 Cbeditoes' Bill; Execution; Gae- 
 nishment; Levy and Seizuee. 
 
 Liability of corporate ofBcers to creditors of 
 corporation, see Corporations, § 58. 
 
 Corporate creditor's right as against stock- 
 holder, see Corporations, VIII. e. 
 
 Execution against debtor's property, see 
 Execution. 
 
 Right of creditor to letters of administra- 
 tion, see Executors and Administea- 
 toes. 
 
 As to exemptions, see Exemptions; Home- 
 stead. 
 
 As to conveyances in fraud of creditors, see 
 Fraudulent Conveyances. 
 
 Rights of husband's creditors, see Husband 
 AND Wife, § 44. 
 
 Eights of creditors of insured, see Insur- 
 ance, § 185. 
 
 Joint creditors and debtors, see Joint 
 Creditoes and Debtoes. 
 
 43— '16F. 
 
 12 
 
178 
 
 INDEX TO NOTES. 
 
 DEBTOR AND CREDITOR— cowfrf. 
 
 Marshaling assets as between creditors, see 
 Marshaling Assets and Securities. 
 
 Preference of creditors of insolvent, see 
 Preferences; Pbiobitt. 
 
 Creditors of partnership, see Pabtnebship, 
 §§ 10-14, 37. 
 
 Rights and remedies of sureties as to cred- 
 itors, see Principal and Surety, § 26. 
 
 See also Debt. 
 
 Estoppel of one who permits title of real 
 property to stand in another's name to 
 assert title as against the latter's cred- 
 itors. 46 L.R.A.(N.S.) 1097. 
 
 Tenant's or cropper's abandonment of crop 
 as aflfecting rights of creditors there- 
 in. 46 L.R.A.(N.S.) 56. 
 
 Right of purchaser of, or creditors levying 
 on goods sold for cash but delivered 
 without payment. 47 L.R.A.(N.S.) 173. 
 
 Right of creditor of vendor to benefit of 
 vendor's lien. 47 L.R.A.(N.S.) 186. 
 
 Debtor's rigtit of action against his credi- 
 tor for collecting debt in another ju- 
 risdiction in evasion of exemption laws 
 of their domicil. 47 L.R.A.(N.S.) 689. 
 
 Right of creditors to complain of purchase 
 by corporation of its own shares of 
 stock. 44 L.R.A.(N.S.) 156; L.R.A. 
 1916F, 286. 
 
 Right of creditors to avoid debtor's con- 
 tracts or conveyances upon the ground 
 of the statute of fraud. L.R.A.1916D, 
 1213. 
 
 Right of creditors to set up usury in their 
 debtor's contract with others. L.R.A. 
 1015C, 634. 
 
 Liability of master for assault by servant 
 or agent in collecting debts. 51 L.R.A. 
 (N.S.) 920. 
 
 Competency of creditor of insured to serve 
 as appraiser to ascertain amount of 
 loss. 52 L.R.A.(N.S.) 502. 
 
 Right of dower, as against creditors and 
 heirs, in lands subject to purchase 
 money mortgage or vendor's lien. 52 
 L.R.A. (N.S.) 547, 557. 
 
 DEBTS FROVABI^E. 
 
 Against bankrupt, see Bankkuptct, § 25. 
 
 DECEASED PERSONS. 
 
 Estates of, see Descent and Distbibution ; 
 Executors and Administrators ; 
 Taxes, VI. 
 
 Admissibility of declarations of, see Evi- 
 dence, §§ 229-231. 
 
 DECEASED VTIFE'S SISTER. 
 
 Validity of marriage with. L.R.A.1916C, 
 756. 
 
 DECEDENT'S ESTATES. 
 
 In general, see Descent and Distribution; 
 
 Executors and Administeatobs. 
 Assessment of property of, see Taxes, § 54. 
 
 Form of allegation of ownership of proper- 
 ty of a decedent's estate, in an indict- 
 ment or information for larceny. 
 L.R.A.1916E, 785. 
 
 <«» 
 
 DECEIT. 
 
 See Fraud and Deceit. 
 
 ♦ «» 
 
 DECLARATIONS. 
 
 Admissibility of, see Evidence, XI. 
 Plaintiff's declarations, see Pleading, II. 
 
 May proof of delivery essential to gift rest 
 upon subsequent declarations of donor 
 alone. L.R.A.1916E, 288. 
 
 DECLINE. 
 
 Permitting articles to roll down hillside or 
 decline. L.R.A.1915B, 426. 
 
 DECOY. 
 
 For purpose of detecting crime in connec- 
 tion with mail matter, see Postoffioe, 
 
 §12. 
 
 Use of decoy for purpose detecting criminal 
 as a defense to prosecution. 25 L.R.A. 
 341; 30 L.R.A.(N.S.) 946; 51 L.R.A. 
 
 (N.S.) 825. 
 
 DECREE. 
 
 See Judgment. 
 
 DEDICATION. 
 
 Begin with this hooTc on every law question. 
 
 § 1. Generally. 
 
 Permissive user which will constitute a 
 dedication of a wharf or landing place. 
 48 L.R.A.(N.S.) 469. 
 Dedication of property to public for pur- 
 poses of view or recreation. 4 B. R. 
 C. 892. 
 Assessment or nonassessment of property as 
 affecting its dedication for public 
 use. L.R.A.1916B, 1175. 
 In general ; admissibility of evidence of 
 assessment or nonassessment. 
 L.R.A.1916B, 1175. 
 
INDEX TO NOTES. 
 
 170 
 
 BEDICATION—confd. 
 
 Weight and sufficiency of evidence of 
 
 assessment or nonassessment. 
 
 L:e.A.1916B, 1177. 
 Estoppel. L.E.A.1916B, 1179. 
 
 § 6. By map, plat, or call in deed. 
 
 Eflfeet of plat as to which purchaser of 
 property affected thereby has no notice. 
 44 L.R.A.(N.S.) 231. 
 
 § 7. Acceptance. 
 
 Assessment or nonassessment of property as 
 affecting acceptance. L.R.A.1916B, 
 1175. 
 
 § 8. DiTcrsion. 
 
 What use of squares, parks, or commons 
 amounts to diversion from the use 
 for which they were dedicated. 50 
 L.E.A.(N.S.) 465. 
 
 Use for railroad purposes. 50 L.E.A. 
 (N.S.) 465. 
 
 Use for highways. 50 L.E.A. (N.S.) 
 465. 
 
 Use for buildings. 50 L.E.A. (N.S.) 
 466. 
 
 § 9. Reverter. 
 
 Reverter of land conveyed for school pur- 
 poses. 44 L.E.A.(N.S.) 1220. 
 
 DEDUCTION. 
 
 Of debts, in assessment of taxes, see Taxes, 
 §§ 57, 103. 
 
 DEEDS. 
 
 7. In general, § 1. 
 II. Form and requisites, §§ 2—9. 
 
 a. In general, § 2. 
 
 b. Execution, §§ 3—5. 
 
 c. Delivery and acceptance, §§ 
 
 0-9. 
 III. Cantitruction ; effect; validity, §g 
 10-36. 
 a. In general, §§ 10—12. 
 h. Consideration, §§ 13, 14:. 
 
 c. Parties, §§ 15-19. 
 
 d. Description of property, § 20. 
 
 e. What property passes, §§ 21— 
 
 27. 
 1. In general, §§ 21-23. 
 3. Reservations and excep- 
 tions, §^ 24^27. 
 /. Estates and interests created, 
 
 §§ 2S-31. 
 g. Redelivery; destruction; re- 
 version; revocation; relief 
 from, §§ 32-35. 
 
 I. In general, 
 
 % 1. Generally. 
 
 Boundary by, see Boundaries, II. 
 Conditions in, see Conditions. 
 
 Consult also L.R.A. Digests to date. 
 
 DEEDS, 1.— cont'd. 
 
 Covenants in, see Covenants. 
 
 Dedication by reference to map, plat, or 
 
 call in, see Dedication, § 6. 
 Presumption and burden of proof as to, see 
 
 Evidence, §§ 100, 101. 
 Of homestead, see Homestead, IV. 
 Of infants, see Infants. 
 On judicial sale, see Judicial Sale, § 10. 
 Conveyance of mortgaged premises, see 
 
 MOKTOAGE, IV. 
 
 Eecording of, see Eecoeds and Eecobdixo 
 Laws, IV. 
 
 Conveyance for support of grantor, see Sup- 
 port, § 4. 
 
 Tax deeds, see Taxes, § 81. 
 
 Grant of water rights, see Waters, II. p. 
 
 Competency to testify to possession of deed 
 at one time in possession of the dece- 
 dent, where witness would be incompe- 
 tent to testify directly to a transaction 
 by which it is claimed decedent parted 
 with his possession. 45 L.R.A. (N.S.) 
 583. 
 
 As subject of larceny. 49 L.R.A. (N.S.) 969, 
 971. 
 
 § la. Substitute conveyances. 
 
 Requisites and effect generally. 44 L.E.A. 
 
 (N.S.) 849. 
 Effect as against party or privy. 44 L.E.A. 
 (N.S.) 850. 
 Where first deed misnamed grantee. 44 
 
 L.E.A.(N.S.) 850. ■ 
 After grantor's death. 44 L.E.A. 
 (N.S.) 851. 
 As against innocent third persons. 44 
 
 L.R.A.(N.S.) 851. 
 Substitute conveyances pendente lite. 44 
 L.E.A.(N.S.) 859. 
 
 //. Form and requisites, 
 a. In general. 
 
 § 2. Generally. 
 
 Conflict of laws as to, see Conflict of 
 Laws, § 28. 
 
 Substitute conveyances; requisites general- 
 ly. 44 L.E.A.(N.S.) 849. 
 
 6. Execution. 
 
 § 3. Generally. 
 
 Acknowledgment of, see Acknowledghext. 
 
 Conflict of laws as to. L.E.A. 1916A, 1020. 
 
 § 3a. By attorney in fact or agent. 
 
 Law governing power of attorney to convov. 
 L.R.A.1916A, 1043. 
 
 § 5. Signing. 
 
 Signature made by hand of unconscious por- 
 son. L.R.A.1915B, 678. 
 
 c. Delivery and acceptance. 
 
 § 6. Generally. 
 
 Redelivery, see infra. III. g. 
 Presumption and burden of proof as to, 
 see Evidence, § 101. 
 
180 
 
 INDEX TO NOTES. 
 
 DEEDS, II. c— cont'd. 
 
 § 8. To third person, or for record, 
 or record of. 
 
 Delivery in escrow, see Escrow. 
 
 III. Construction; effect; validitti. 
 a. In general. 
 
 § 10. Generally. 
 
 Conflict of laws as to, see Conflict of 
 
 Laws, § 28. 
 Dedication by conveyance with reference to 
 
 street or alley, see Dedication, § 6. 
 Parol evidence as to construction of, see 
 
 Evidence, VII. 
 Absolute deed as a mortgage, see Mobtgage, 
 
 § 15. 
 Effect of tax deed, see Taxes, § 81. 
 Creation of trusts by, see Trusts, II. 
 Rights of purchaser generally, see Vendor 
 
 AND Purchaser, II. 
 
 Construction and validity of restraints on 
 
 marriage. 4 B. R. C. 64. 
 Recital in deed as evidence of heirship. 45 
 L.R.A.(N.S.) 93. 
 Effect of substitute conveyances. 44 
 L.R.A.(N.S.) 849. , 
 As against party or privy. 44 
 L.R.A.(N.S.) 850. 
 Where first deed misnamed 
 grantee. 44 L.R.A.(N.S.) 
 850. 
 After grantor's death. 44 
 L.R.A.(N.S.) 851. 
 As against innocent third persons. 
 44 L.R.A.(N.S.) 851. 
 What misrepresentations as to the contents 
 of an instrument will render it void in 
 law. 4 B. R. C. 663. 
 
 6. Consideration. 
 
 § 13. Generally. 
 
 As to consideration for contracts generally, 
 see Contracts, II. c. 
 
 Effect of inadequacy of consideration on 
 question of undue influence in convey- 
 ance of property in consideration of 
 support of the grantor or a third per- 
 son. 52 L.R.A.{N.S.) 480. 
 
 c. Parties. 
 
 § 15. Generally. 
 
 Validity of deed by insane person, see In- 
 competent Persons, § 10. 
 
 Effect of deed or mortgage on one who signs, 
 but is not named in it. L.R.A.1915D, 
 196. 
 
 § 16. Capacity of. 
 
 Signature made by hand of unconscious per- 
 son. L.R.A.1915B, 678. 
 
 d. Description of property. 
 
 § 20. Generally. 
 
 What law governs 
 
 L.R.A.1916A, 1045. 
 
 Begin with this Tioolc on every law question. 
 
 DEEDS, III.— cont'd. 
 
 e. Wliat property passes. 
 1, In general. 
 
 § 21. Generally. 
 
 Boundaries of land conveyed, see Bounda- 
 ries, II. 
 
 Fixtures as between vendor and pureliaser, 
 see Fixtures, § 4. 
 
 What property passes under will, see Wills, 
 § 74. 
 
 Conflict of laws as character or quantum of 
 estate. L.R.A.1916A, 1045. 
 
 2. Reservations and exceptions. 
 
 § 24. Generally. ' 
 
 Conditions in, see Conditions, II. 
 
 Covenants in, see Covenants. 
 
 Covenants restricting use of property, see 
 
 Covenants, §§ 5-7, 21, 22. 
 Creation of easements by, see Easements, 
 
 § 8. 
 
 Implied reservation on severance of tract 
 of land with apparent benefit existing. 
 L.R.A.1915C, 346. 
 
 § 25. As to water rights. 
 
 Reservation of water power without defi- 
 nite reservation of- necessary ground 
 to utilize it. L.R.A.1916A, 508. 
 
 f. Estates and interests created. 
 
 g 28. Generally. 
 
 Extent of rights under grant of easement, 
 see Easements, § 22. 
 
 Restraints on alienation, generally, see Per- 
 petuities. 
 
 Estates and interests created by will, see 
 Wills, V. j. 
 
 Provision in restraint of marriage in deed 
 as a condition or a, limitation. 49' 
 L.R.A.(N.S.) 615. 
 
 Meaning and efi'ect of term "lend" or "loan" 
 employed in deed. L.R.A.1915D, 497. 
 
 gr. Redelivery; destruction; reversion; 
 revocation; relief from. 
 
 § 33. Destruction; redelivery; can- 
 celation; rescission. 
 
 Cancelation of deed for inadequacy of con- 
 sideration. L.R.A.1916D, 382. 
 
 § 33a. — for fraud. 
 
 Undue influence as ground for setting aside- 
 conveyance or transfer of property in 
 consideration of support of the grantor 
 or a third person. 52 L.R.A.(N.S.) 
 476. 
 
 g 35. Reversion. 
 
 Reverter of dedicated propei'ty, see Dedica- 
 tion, § 9. 
 
 Reverter of land conveyed for scliool pur- 
 poses. 44 L.R.A.(N.S.) 1220. 
 
INDEX TO NOTES. 
 
 181 
 
 DEEDS, III. g—confd. 
 
 Construction against forfeiture. 44 
 
 L.E.A.(N.S.) 1221. 
 Language merely specifying or re- 
 stricting use. 44 L.R.A.(N.S.) 
 1222. 
 Consideration as negativing a 
 resulting trust. 44 L.R.A. 
 (N.S.) 1223. 
 Various expressions. 44 L.R.A. (N.S.) 
 
 1224. 
 Dedication. 44 L.R.A. (N.S.) 1225. 
 Condition once performed. 44 L.R.A. 
 
 (N.S.) 1225. 
 The question of breach or termina- 
 tion. 44 L.R.A.(N.S.) 1226. 
 Dissolution or extinction. 44 L.R.A. 
 
 (N.S.) 1229. 
 Eminent domain. 44 L.R.A.{N.S.) 
 
 1229. 
 Miscellaneous. 44 L.R.A. (N.S.) 1229. 
 Effect of attempted conveyance to extin- 
 guish a possibility of reverter upon 
 breach of condition subsequent. L.R.A. 
 1016F, 311. 
 
 DEFECTS. 
 
 < ■ » 
 
 DEEDS OF TRUST. 
 
 See Mortgage. 
 
 DE FACTO. 
 
 Corporation, see Corporations, § 8. 
 Officers, see Officers, IV. 
 
 DEFALCATION. 
 
 Embezzlement, see Embezzlement. 
 
 » « » 
 
 DEFAMATION. 
 
 See Libel and Slander. 
 
 DEFAULT. 
 
 Oral contract to ansvirer for default of an- 
 other, see Contracts, II. g, 3. 
 
 Promise to answer for default of another 
 generally, see Guaranty. 
 
 Default in payment of interest, see Inter- 
 est, § 3. 
 
 Judgment by, see Judgment, §§ 4, 90, 97. 
 
 In payment of mortgage, see Mortgage, VII. 
 b. 
 
 Of principal as affecting commissions of real 
 estate broker. L.R.A.1915E, 714. 
 
 DEFECTIVES. 
 
 In general, see Incompetent Persons. 
 Consult also L.R.A. Digests to date. 
 
 Liability for injury by defect in highway, 
 see Highways, IV. 
 
 Landlord's liability for injury caused by, 
 see Landlord and Tenant, IV. d. 
 
 Liability of master for injury by, see Mas- 
 ter AND Servant, III. 
 
 Liability of seller or manufacturer for in- 
 jury by defects in article sold, see Neg- 
 ligence, § 15. 
 
 Latent defects, see Latent Defects. 
 
 What conditions or defects are covered by 
 provisions in paving contract requiring 
 contractor to keep pavement in repair. 
 49 L.R.A.(N.S.) 922. 
 
 ♦ «» 
 
 DEFENDANTS. 
 
 Parties defendant, see Parties, III. 
 
 » » » 
 
 DEFENSES. 
 
 In civil action, see Action ok Suit, IV. 
 In criminal prosecution, see Burglary, § 4; 
 
 Criminal Law, III.; Homicide, §§ 19- 
 
 30; Larceny, § 8. 
 In suit for libel or slander, see Libel and 
 
 Slander, §' 37. 
 Violation of Sunday law as, see Sunday. 
 
 To criminal or penal responsibility for 
 blocking street or highway railroad 
 crossing. L.R.A.1915B, 335. 
 
 Statutory limitation of time for relief 
 against tax deed as affecting right to 
 set up invalidity of tax title as defense. 
 46 L.R.A.(N.S.) 1065. 
 
 DEFICIENCY. 
 
 § 1. Generally. 
 
 On foreclosure of mortgage, see Mortgage, 
 
 § 84. 
 Abatement of purchase price for deflciency, 
 
 see Vendor and Purchaser, § 21. 
 
 Liability of property redeemed by judgment 
 debtor or his grantee to safety de- 
 ficiency on indebtedness for which it 
 was originally sold. 47 L.R.A. (N.S.) 
 1048. 
 
 § 2. Judgment for. 
 
 On foreclosure of mortgage, see Mortgage, 
 § 84. 
 
 *—* 
 
 DEFILEMENT. 
 
 Evidence of specific instances of unchaslity 
 of alleged victim in prosecution for 
 defiling female child. L.R.A.1910B, 967. 
 
182 
 
 INDEX TO NOTES. 
 
 DEFINITENESS. 
 
 Of charitable gift, see Chabities, §§ 6-9. 
 Of contract, see Contbaots, II. e; Specific 
 Perfokmance, § 23. 
 
 DEFINITIONS. 
 
 Abandonment. 43 L.R.A.(N.S.) 261; 44 
 
 L.R.A.(N.S.) 1226. 
 Abstract of title. 43 L.R.A,.(N.S.) 44. 
 Accident. L.R.A.1916A, 29, 227, 482. 
 Accidental. L.R.A.1916A, 482. 
 Accidental means. L.R-A.1915E, 127; 
 
 L.R.A.1916B, 1021. 
 Adopted children. L.R.A.1916B, 907. 
 Adultery. L.R.A.1915D, 438. 
 Assistant. 43 L.R.A.(N.S.) 179. 
 Average weekly eafnings. L.R.A.1916A, 
 
 149, 373. 
 Beer. 48 L.R.A.(N.S.) 308. 
 Bottle washing works. L.R.A.1916A, 202. 
 Buildings. L.R.A.1916A, 196, 1099. 
 Business establishment. 44 L.R.A. (N.S.) 
 
 1185. 
 Casual employee. • L.R.A.1916A, 120, 247, 
 
 365. 
 Church. 43 L.R.A.(N.S.) 1142. 
 Citizens. 43 L.R.A. (NS.) 294. 
 Construction. L.R.A.1916A, 197. 
 Corpus delicti. L.R.A.lflieB, 846. 
 Cruelty. 43 L.R.A. (N.S.) 260. 
 Damage. L.R.A.1915A, 382. 
 Debt. L.R.A.1915B, 646. 
 Del credere agency. L.R.A. 1916E, 1211. 
 Dependent. 51 L.R.A. (N.S.) 726; L.R.A. 
 
 1916A, 121, 248; L.R.A.1916B, 906. 
 Depreciation. 52 L.R.A. (N.S.) 18. 
 Desertion. 43 L.R.A.(N.S.) 261. . 
 Disposing of. 45 L.R.A.(N.S.) 960. 
 Dwelling house. 45 L.R.A. (N.S, 
 
 L.R.A.1916A, 1100. 
 Elector. 43 L.R.A. (N.S.) 294. 
 Emergency. 52 L.R.A. (N.S.) 676. 
 Employee.' L.R.A.1916A, 246. 
 Employers. L.R.A.1916A, 113, 245. 
 Engineering work. L.R.A.1916A, 208. 
 Factory. L.R.A.1916A, 200. 
 Eerry. L.R.A.1916D, 832. 
 Fixtures and erections. L.R.A.1916A, 1099. 
 Food. L.R.A.1916B, 788. 
 Furnishing. 45 L.R.A.(N.S.) 959. 
 Giving. 45 L.R.A.(N.S.) 958. 
 Going value. 48 L.R.A. (N.S.) 1093. 
 Goods. 51 L.R.A.(N.S.) 398. 
 Gooc will. 48 L.R.A.(N.S.) 1146.. 
 Grade. L.R.A.1916A, 150. 
 Hawker, see Peddlers. 
 Hazard. 47 L.R.A.(N.S.) 113. 
 Head of family. 51 L.R.A. (N.S.) 1121. 
 Indignity. 43 L.R.A.(N.S.) 260. 
 Injury by accident. L.R.A.1916A, 29, 227. 
 Intangible value. 48 L.R.A. (N.S.) 1039. 
 Iron mill. L.R.A.1916A, 201. 
 Kidnapping. L.R.A.1915B, 189. 
 Labor. 43 L.R.A. (N.S.) 162; L.R.A.1915F, 
 
 951. 
 Legal voters. 43 L.R.A. (N.S.) 294. 
 Lend. L.R.A.1915D, 496. 
 Loan. L.R.A.1915D, 496. 
 '^Mailing." 49 L.R.A. (N.S.) 462. 
 
 729; 
 
 410. 
 
 DEFINITIONS— co»t'd. 
 
 Manufacturing establishment. 44 L.R.A. 
 
 (N.S.) 1186. 
 Martial law. 45 L.R.A. (N.S.) 999. 
 Materials. 43 L.R.A. (N.S.) 162. 
 Mechanics. 44 L.R.A. (N.S.) 151. 
 Member of family. L.R.A.1916B, 905. 
 Mercantile institution. 44 L.R.A. (X.S.) 
 
 1185. 
 Merchandise. 45 L.R.A. (N.S.) 495. 
 Mine. L.R.A.1916A, 209. 
 Mulatto. L.R.A.1915A, 828. 
 Natural heirs. 45 L.R.A. (N.S.) 1163. 
 Negleot of duty. 43 L.R.A. (N.S.) 260. 
 Negro. L.R.A.1915A, 828. 
 Nephews. 47 L.R.A.(N.S.) 533. 
 Net earnings. 52 L.R.A. (N.S.) 16. 
 Next of kin. L.R.A.1916B, 907. 
 Nieces. 47 L.R.A. (N.S.) 533. 
 On or in or about. L.R.A.1916A, 193. 
 Orchard. L.R.A.1916A, 1104. 
 Orphans. L.R.A.1916B, 907. 
 Party to be charged. 43 L.R.A. (N.S.) 
 Peddlers. L.R.A.1916B, 1293. 
 Persons of color. L.R.A.1915A. 828. 
 Procuring. 45 L.R.A.(N.S.) 959. 
 Profession. L.R.A.1915F, 910. 
 Provisions. L.R.A.1916B, 788. 
 Publication. 43 L.R.A. (N.S.) 641. 
 Public conveyance. L.R.A.1915C, 456. 
 Pupils. 43 L.R.A.(N.S.) 172. 
 Railroad. L.R.A.1916A, 200. 
 Railroad hazard. 45 L.R.A. (N.S.) 
 Ratification. L.R.A.1915A, 1024. 
 Reasonable cause. 52 L.R.A. (N.S.) 
 Relatives. L.R.A.1916B, 907. 
 Remuneration. L.R.A.1916A, 121. 
 Repair. L.R.A.1916A, 197. 
 Resident. 43 L.R.A.(N.S.) 272. 
 Residue. 44 L.R.A. (N.S.) 805. 
 Retail. L.R.A.1915B, 389. 
 Sale of intoxicating liquors. 52 L.R.A. 
 
 (N.S.) 722; L.R.A.1915C, 648. 
 Seaflfolding. L.R.A.1916A, 198. 
 School. 43 L.R.A.(N.S.) 1142. 
 School children. 43 L.R.A.(N.S.) 172. 
 "Sending." 49 L.R.A. (N.S.) 463. 
 Serious or wilful misconduct. L.R.A. 1916A, 
 
 75, 243, 355. 
 Ship building yards, L.R.A.1916A, 202. 
 Shop. 44 L.R.A.(N.S.) 1186. 
 Switching service. L.R.A.1916D, 455. 
 Testamentary capacity. L.R.A.1915A, 444. 
 Trade. L.R.A.1915F, 916. 
 Treating. 49 L.R.A. (N.S.) 889. 
 Undertakers. L.R.A.1916A, 209. 
 Volunteers. 43 L.R.A. (N.S.) 179, 187; 
 
 L.R.A.1915F, 1125. 
 Warehouse. L.R.A.1916A, 206. 
 Ways. L.R.A.1915F, 1036. 
 Wharf. L.R.A.1916A, 203. 
 Wilful act. L.R.A.1916A, 224. 
 Withdrawal. 49 L.R.A. (N.S.) 1130. 
 Workman. L.R.A.1916A, 112, 115, 246. 
 Works. L.R.A.1915F, 1036. 
 Workshop. 44 L.R.A. (N.S.) 1186. 
 
 840. 
 
 749. 
 
 As 
 
 ground 
 282. 
 
 DEGENEKACY. 
 
 for divorce. 51 L.R.A. (N.S.) 
 
 Begin with this hoolc on every law question. 
 
INDEX TO NOTES. 
 
 183 
 
 DEGREES OF HOMICIDjE. 
 
 See Homicide, IV. c. 
 
 DELAY. 
 
 Of carrier in transportation of goods, see 
 Cakriers, § 121. 
 
 In unloading cars, see Carriers, § 141. 
 
 As ground for discharge of accused, see 
 Criminal Law, § 49. 
 
 Estoppel by, see Estoppel, III. f. 
 
 In serving notice of insurance loss, see In- 
 surance, § 146. 
 
 Bar of action by, see Limitation of Ac- 
 tions, I. b. 
 
 Penalty for delay in payment, see Payment, 
 § 3. 
 
 In procuring order for publication of sum- 
 mons after making of affidavit. 47 
 L.R.A.(N.S.) 499. 
 
 In giving notice of claim under employers' 
 indemnity policy. 47 L.R.A.(N.S.) 
 1214. 
 
 Who is entitled to penalties for delay in 
 paying improvement assessments. 47 
 L.R.A.(N.S.) 704. 
 
 Damages recoverable for delaying person 
 by blocking railroad crossing. 44 
 L.R.A.(N.S.) 1069; L.R.A.1915E, 336. 
 
 Right of public service corporation to im- 
 pose penalty or added amount for fail- 
 ure to pay service bills promptly. 43 
 L.R.A.(N.S.) 63. 
 
 Liability to passenger for delay in running 
 railroad train. 49 L.R.A.(N.S.) 429. 
 
 Effect of delay in passing upon application 
 for insurance. 51 L.R.A.(N.S.) 873. 
 
 Effect of failure to apply for paid-up in- 
 surance within time stipulated. 51 
 L.R.A.{N.S.) 1044. 
 
 Delay in attempting to regain property ob- 
 tained under agreement to pay therefor 
 on delivery as waiver of that condition. 
 L.R.A.1915D, 355. 
 
 What constitutes unreasonable delay of 
 lessee to develop premises under mining 
 lease reserving a royalty on product 
 but containing no provision for pay- 
 ment of minimum royalties or forfeiture 
 for delay. L.R.A.1915B, 565. 
 
 DEI, CREDERE AGENCY. 
 
 Distinction between del credere agency and 
 contract of sale or return. L.R.A.1916E, 
 1209. 
 
 DELEGATION OF AUTHORITY. 
 
 Power of real estate broker to delegate au- 
 thority. 43 L.R.A.(N.S.) 796. 
 Consult also L.R.A. Digests to date. 
 
 DELEGATION OF POWER. 
 
 See Constitutional Law, §§ 11-17. 
 
 DELINQUENT CHILDREN. 
 
 Validity of statute establishing juvenile 
 courts, see Juvenile Courts. 
 
 * ' » 
 
 DELIRIUM. 
 
 As affecting testamentary capacity. L.R.A. 
 
 1915A, 458. 
 Liability under accident policy for dcatli 
 
 during delirium. 46 L.R.A.(N.S.) 543. 
 
 DELIVERY. 
 
 Of goods to carrier, see Carriers, § 112. 
 Of goods by carrier, see Carriers, IV. f. 
 Of deed, see Deeds, §§ 6-8. 
 Of gift, see Gift, § 13. 
 Of insurance policy, see Insurance, § 38. 
 Of pledged property, see Pledge and Col- 
 lateral Security, § 5. 
 Of goods sold, see Sale, §§ 10, 11, 14. 
 
 What constitutes delivery by baggage trans- 
 fer company. L.R.A.1916D, 1203. 
 
 DEMAND. 
 
 § 1, Generally. 
 
 As condition precedent to action, see Ac- 
 tion OK Suit, § 9. 
 
 Necessity of demand by vendee for abstract 
 of title. 43 L.R.A.(N.S.) 48. 
 
 Demand for support as necessary to relief 
 of grantor in conveyance in considera- 
 tion of agreement to support, which is 
 broken by grantee. 43 L.R.A. (N.S.) 
 927. 
 
 § 2. For payment. 
 
 Necessity of demand by lessor upon lessee 
 for payment of taxes before taking ad- 
 vantage of covenant in lease to pay 
 taxes and assessments. L.R.A. 1915A, 
 354. 
 
 § 6. Criminal matters. 
 
 Failure to demand trial as waiver of right 
 to speedy trial in criminal case. 44 
 
 L.R.A.(N.S.) 871. 
 
 DEMENTIA. 
 
 As affecting testamentary capacity. L.R.A. 
 1915A, 458. 
 
184 INDEX TO NOTES. 
 
 DEMONSTRATIVE EVIDENCE. 1 
 
 See Evidence, VI. 
 
 DEPOSITION. 
 
 DEMURRAGE. 
 
 In general, see Caeeiers, § 141. 
 
 DEMURRER. 
 
 In general, see Pleading, § 41. 
 «-«-»^ — — — 
 
 DENIAI.S. 
 
 In pleading, see Pleading, § 38. 
 
 ♦-•-• 
 
 DENTISTS. 
 
 Validity of restrictive agreement or sale of 
 practice as affected by territorial scope. 
 L.R.A.1916C, 630. 
 
 Validity of statute or refculations affecting 
 right to practise dentistry of one who 
 has practised in another state. L.E.A. 
 1915D, 538. 
 
 DEPARTMENTS. 
 
 Relations between departments of govern- 
 ment, see OONSTITTJTIDNAL LAW, VI.; 
 COTJETS, III. 
 
 Power of courts to enforce ministerial du- 
 ties of heads of departments. 52 L.R.A. 
 (N.S.) 415. 
 
 DEPARTMENT STORES. 
 
 Duty toward customer as to condition of 
 premises. L.R.A.1915F, 572. 
 
 DEPENDENTS. 
 
 Who are, within provisions of benefit certifi- 
 cates, see Insubance, § 33. 
 
 Who are, within meaning of workman's 
 compensation act. L.R.A.1916A, 121, 
 248. 
 
 DEPOSIT. 
 
 In bank, see Banks, V. a. 
 
 § 1. Generally. 
 
 Necessity of procuring depositions of at- 
 testing witnesses to will who are be- 
 yond the jurisdiction of the court. 47 
 L.R.A.(N.S.) 722. 
 
 § 3. Use of as evidence. 
 
 See Evidence, § 134. 
 
 DEPOT. 
 
 Duty of carrier as to, see Caeeiebs, § 70. 
 Governmental regulations concerning, see 
 
 Caekiees, §§ 161, 162. 
 Contracts in relation to, see Railroads, § 
 
 27. 
 
 DEPRECIATION. 
 
 Treatment of accrued depreciation in valua- 
 tion of public service property. L.R.A. 
 1916r, 761. 
 
 Treatment of depreciation in estimating the 
 return of a public service corporation 
 for rate-making purposes. 52 L.R.A. 
 (N.S.) 18. 
 
 DEPUTY. 
 
 § 3. Deputy sheriffs, marshals, con- 
 stables, etc. 
 
 Right of sheriff or constable to appoint 
 nonresident deputy. L.R.A.1916B, 900. 
 
 Liability of sheriff, marshall or constable 
 for his deputy's tort in making an ar- 
 rest. L.R.A.1915E, 172. 
 
 DERAILMENT. 
 
 Injury to passenger by, see Cabbiebs, § 50. 
 
 DERRICKS. 
 
 Injury to trainman by derrick over track. 
 ■47 L.R.A.(N.S.) 498. 
 
 DESCENT AND DISTRIBUTION. 
 
 I. In general, § 1. 
 II. Right to inherit, §§ 2—8. 
 III. Property subject to, § 9. 
 lY . Nature and incidents of interest 
 of heir or distribtitee, §§ 10—13. 
 
 I. In general. 
 
 g 1. Generally. 
 
 As to advancements, see Advancements. 
 
 Begin with this boolc on every law question. 
 
INDEX TO NOTES. 
 
 185 
 
 DESCENT AND DISTRIBUTION, I.— 
 
 cont'd. 
 Conversion of realty into personalty and 
 
 vice versa, see Equitable Conversion: 
 
 Wills, § 117. 
 Disqualification of witness by interest in 
 
 controversy over estate, see Witnesses, 
 
 § 23. 
 As to distribution of decedent's estate, gen- 
 erally, see Executors and Adminis- 
 
 TEATOBS, IV. b. 
 As to inheritance taxes, see Taxes, VI. 
 As to devise or bequest of propertv, ace 
 
 Wills, V. i- f i> 
 
 Disinheriting heir, see Wills, § 168. 
 
 Transfer of reversion of leased premises by 
 devolution upon landlord's dcatli. 
 L.R.A.1915C, 206. 
 
 //. Right to inherit. 
 
 § 2. Generally. 
 
 Rights as to . homestead, see Homestead, V. 
 
 Admissibility of declarations of relatives of 
 claimant on issue of his relationship 
 or heirship to decedent. L.R.A.1915D, 
 215. 
 Descent of ancestral estates. L.R.A.1916C, 
 902. 
 What is ancestral estate. L.E.A.1916C, 
 905. 
 Devises. L.R.A.1916C, 905. 
 Deeds. L.R.A.1916C, 907. 
 
 Ancestor paying considera- 
 tion to grantor. L.R.A. 
 1916C, 908. 
 Descent of legal or equitable title. 
 
 L.R.A.1916C, 909. 
 Wliat will destroy the ancestral char- 
 acter of the property. L.R.A. 
 1916C, 910. 
 Sales of lands of infants or luna- 
 tics. L.R.A.191CC, 910. 
 Partition. L.R.A.1916C, 912. 
 Miscellaneous. L.R.A.1916G, 913. 
 Theory of blood of first purchaser. 
 
 L.R.A.1916C, 914. 
 Theory of blood of immediate ancestor. 
 
 • L.R.A.1916C, 915. 
 What ancestors are vpithin the statutes. 
 
 L.R.A.1916C, 917. 
 Abrogations or omissions of the doc- 
 
 'trine. L.R.A.1916C, 920. 
 Effect as to heirs of the half blood. 
 L.E.A.1916C, 923. 
 > Heirs of double blood. L.R.A.1916C, 
 924. 
 Statutes relating to infants. L.R.A. 
 1916C, 926. 
 Only child. L.R.A.1916C, 927. 
 Subshares on successive deaths of 
 
 infants. L.R.A.1916C, 928. 
 Half blood. L.R.A.1916C, 929. 
 Miscellaneous. L.R.A.1916C, 929. 
 The statute of William IV. L.R.A. 
 1916C, 930. 
 Peculiar local questions. L.R.A. 1916, 
 
 931. 
 Reversion of gifts to donorv L.R.A. 
 
 1916C, 933. 
 Shifting descents. L.R.A.1916C, 935. 
 Consult also L.R.A. Digests to date. 
 
 DESCENT AND DISTRIBUTION, II.— 
 cont'd. 
 
 Personal property. L.R.A.1916C, 935. 
 Miscellaneous. L.R.A.1916C, 937. 
 
 § '3. Among kindred of half blood. 
 
 Descent of ancestral estate to heirs of the 
 half blood. L.R.A.1916C, 923, 929. 
 
 § 4. By, through, or from, alien. 
 
 Effect of treaties upon alien's right to in- 
 herit. L.E.A.1915E, 327. 
 Genera,l doctrines. L.R.A.1915E, 327. 
 Great Britain. L.R.A.1915E, 328. 
 France. L.R.A.1915E, 329. 
 Germany. L.R.A.1915E, 329. 
 Bavaria. L.R.A.1915E, 330. 
 Hanover. L.R.A.1915E, 330. ' 
 Prussia. L.R.A.1915E, 330. 
 Saxony. L.R.A.1915E, 330. 
 Sweden. L.R.A.1915E, 331. 
 Switzerland. L.R.A.1915E, 331. 
 Waldeck. L.R.A.1915E, 332. 
 Wiirttemberg. L,R.A.1915E, 332. 
 
 § 6. Effect of adoption. 
 
 Descent and distribution of property of 
 adopted child. 43 L.R.A. (N.S.) 1056. 
 
 Right of child adopted in another state to 
 take under local statute of descent or 
 distribution. L.R.A.1916A, 666. 
 
 Right of adopting parent to disinherit 
 adopted child. L.R.A.1916D, 424. 
 
 § 7. Rights of husband and wife. 
 
 Statutory allowance to widow, see Execu- 
 tors and Administeatobs, § 55. 
 
 Time as of which valuation of decedent's 
 estate is to be taken for assignment of 
 share of surviving spouse. 3 B. R. C. 
 973. 
 
 A])plicability of disqualification statute to 
 testimony of alleged spouse to establish 
 marriage in order to succeed to share 
 of the decedent's property. 51 L.R.A. 
 (N.S.) 183. 
 
 Applicability of rule excluding testimony of 
 interested person in controversy with 
 decedent's estate to widow of decedent 
 in controversy over succession. 51 
 L.R.A. (N.S.) 221. 
 
 § 8. Descent to murderer. 
 
 Homicide as affecting devolution of prop- 
 erty. L.R.A.1915C, 328. 
 
 Public policy doctrine as applied to 
 transfers by devise or operation of 
 common-law rule. L.R.A. 1915C, 
 329. 
 
 Exception in case of transfer vuider 
 positive statutory provision. 
 L.R.A.1915C, 329. 
 
 Construction of statute providing that 
 one convicted of causing another's 
 death shall not inherit from vie 
 tim. L.R.A.1915C, 331. 
 
 III. Property subject to. 
 
 § 9. Generally. 
 
 Descent of rights in homestead, see Home- 
 stead, V. 
 
18G INDEX TO NOTES. 
 
 DESCENT AND DISTRIBUTION— cont'd. 
 
 IV. Nature and incidents of interest of 
 heir or distributee. 
 
 § 10. Generally. 
 
 Deduction of indebtedness owing to remote 
 ancestor by predeceased immediate 
 ancestors. 47 L.R.A.(N.S.) 1026. 
 
 § 12. Liability of heirs for obliga- 
 tions of ancestor. 
 
 Remedy against heirs wliere estate has 
 been distributed before claim accrued. 
 L.R.A.1916A, 1185. 
 Remedy where estate has been distributed 
 before claim accrued. L.R.A. 
 1916A, 1185. 
 General rules. L.R.A.1916A, 1186*. 
 Application to real estate and per- 
 sonalty. L.R.A.1916A, 1187. 
 Character of claims. L.R.A.1916A, 
 
 1189. 
 Where suit brought. L.R.A.1916A, 
 1189. 
 Equity or law. L.R.A.1916A, 1189. 
 
 DESCRIPTION. 
 
 § 2. Of parties. 
 
 In indictment, see Indictment, Infokma- 
 
 Tiox AND Complaint, § 6. 
 Of beneficiaries in will, see Wills, V. f. 
 Of parties in writ, see Wkit and Process, 
 
 § 5. 
 
 § 3. Of property. 
 
 Of property covered by chattel mortgage, 
 
 see Chattel Mortgage, VI. 
 In deed, see Deeds, § 20. 
 Of property devised or bequeathed, see 
 
 Wills, § 66. 
 Correction of mistake as to, in will, see 
 
 Wills, § 67. 
 
 § 4. — of land. 
 
 Sufficiency of, to satisfy statute of frauds, 
 see Contracts, § 51. 
 
 Mistake in description of property as af- 
 fecting record of instrument relating 
 to real property. L.R.A.1916A, 530. 
 
 Effect of misdescription of land registered 
 under the Torrens Law. L.R.A.1916D, 
 76. 
 
 DESERTION. 
 
 Of husband or wife, see Divorce and Sep- 
 aration, § 24; Husband and Wife, 
 VII. 
 
 * ■ » 
 
 DESK. 
 
 What passes under bequest of contents of. 
 L.R.A.1915C, 657, 660. 
 
 DE SON TORT. 
 
 Allowance to executor de son tort for dis- 
 bursements. L.R.A.1915D, 948. 
 
 DESTINATION. 
 
 Altering destination during shipment as 
 affecting interstate character. L.R.A. 
 1916E, 533. 
 
 DESTRUCTION. 
 
 § 1. Generally. 
 
 Of deeds, see Deeds, § 33. 
 
 § 2. Of property. 
 
 Of property in possession of bailee, see Bail- 
 ment, §§ 5-7. 
 
 Of building, see Buildings, § 8. 
 
 Effect of, on building or construction con- 
 tract, see Contracts, § 135. 
 
 Measure of damages for destruction of prop- 
 erty, see Damages, §§ 74, 75. 
 
 Municipal liability for destruction of prop- 
 erty, see Municipal Corporations, §§ 
 74, 75. 
 
 By mol), see Mobs and Riots. 
 
 Liability of water company for destruction 
 of property by fire, see Waters, § 119. 
 
 Loss of property generally, see Loss. 
 
 § 3. — leased property. 
 
 Determination of proportional part of rent 
 to be abated upon destruction of prem- 
 ises. L.R.A.1916P, 277. 
 
 Effect of, on tenant's liability under cove- 
 nants in lease as to payment of taxes 
 and assessments. L.R.A.1915A, 348. 
 
 § 4. Of will. 
 
 Revocation of will by, see Wills, §§ 39, 40. 
 
 DETECTIVE. 
 
 Liability for acts of servant employed as, 
 see Master and Servant, § 22, 
 
 DETENTION. 
 
 Measure of damages for detention of per- 
 sonalty, see Damages, III. m. 
 
 Measure of damages for detention of real 
 property, see Damages, III. n. 
 
 Liability of officer for detention of person 
 improperly arrested. L.E.A.1915B, 
 506. 
 
 DETINUE. 
 
 See Replevin. 
 
 Begin with this TiooTc on every law question. 
 
INDEX TO NOTES. 
 
 187 
 
 DEVELOPMENT. 
 
 Duty of lessee under oil and gas lease as 
 to development of property, see iliNES, 
 III. c, 2. 
 
 DEVIATION. 
 
 By carrier, generally, see Careiebs, § 103. 
 
 Conditions occasioned by war as justifying 
 deviation of insured vessel. 5 B. R. C. 
 19. 
 
 DEVISE. 
 
 See Wills, V. 
 
 • « » 
 
 DEVOLUTION OF PROPERTY. 
 
 See Descent and Distribution. 
 
 ♦ »» 
 
 DIARY. 
 
 Admissibility in evidence of entries in. 
 L.E.A.(N.S.) 813. 
 
 51 
 
 DILIGENCE. 
 
 As to laches, see Estoppel, III. b; Limita- 
 tion OF ACTIONS, I. b. 
 As to n^ligence, see Negligence. 
 
 In discovering disqualification of juror as- 
 serted as ground for new trial. 50 
 L.K.A.(N.S,) 949. 
 
 DIPLOMA. 
 
 Mandamus to compel issuance of. 
 1916B, 616. 
 
 L.E.A. 
 
 DIRECTION OF VERDICT. 
 
 See Trial, IV. 
 
 DIRECTORS. 
 
 Of banks, see Banks, IV. 
 Of corporations generally, see Corpora- 
 tions, VI. 
 Consult also L.R.A. Digests to date. 
 
 DISABILITY. 
 
 § 1. In general. 
 
 Persons under, see Guardian and Ward; 
 
 Husband and Wife; Incompetek'i 
 
 Persons; Infants. 
 Effect of, on running of limitations, see 
 
 Limitation of Actions, § 47. 
 
 § 2. Physical disability. 
 
 Duty of carrier in case of, see Carriers, § 
 39. 
 
 DISABLED PERSONS. 
 
 Carrier's duty to, see Carriers, § 39. 
 
 DISAFFIRMANCE. 
 
 Of infant's contract, see Infants, § 21. 
 
 DISBARMENT. 
 
 Of attorney, see Attorneys, §§ 4, 5. 
 
 DISCHARGE. 
 
 In bankruptcy, see Bankruptcy, X. 
 
 Of lien of chattel mortgage, see Chattel 
 Mortgage, § 30. 
 
 Of jury, see Criminal Law, § 63. 
 
 Of guarantor, see Guaranty, § 9. 
 
 Of servant, see Master and Servant, §§ 
 40-40. 
 
 Of mechanics' lien, see Mechanics' Lien, § 
 30. 
 
 Of mortgage, see Mortgage, VI. 
 
 Of school teacher, see Schools, § 16. 
 
 Grounds for discharge on habeas corpus, 
 see Habeas Corpus, § G. 
 
 Liability for procuring discharge of em- 
 ployee, see Master and Servant, § 47. 
 
 From covenant in lease as to payment of 
 taxes and assessments. L.R.A. 1915A, 
 361. 
 
 DISCONTINUANCE. 
 
 Of action or suit, see Dismissal and Dis- 
 continuance. 
 Of highway, see Highways, VIII. 
 
 DISCOUNT. 
 
 By bank, see Banks, V. u. 
 
 Liability of stockholders on stock issued at 
 
 a discount, see Corporations, § 105. 
 Purchase of paper at discount as usury, see 
 
 Usury, § 8a. 
 
188 
 
 INDEX TO NOTES. 
 
 DISCOUNT— cont'd. 
 
 Effect of provision for, if payment is made 
 at certain time. 46 L.R.A.(N.S.) 900. 
 
 Negotiability of note as affected by pro- 
 vision for discount in event of pay- 
 ment before maturity. L.R.A.1915E, 
 564. 
 
 DISCOVERY AND INSPECTION- 
 English and Canadian cases. 
 
 1915E, 938. 
 X-ray. L.R.A.1915E, 938. 
 
 -cont'd. 
 L.R.A. 
 
 DISCOVERY AND INSPECTION. 
 
 § Z. Bill of discovery generally, 
 
 Rigiit to compel production of sealed packet, 
 or articles not of a documentary char- 
 acter, upon subpoena duces tecum. ? 
 B. R. C. 219. 
 
 Eight to, where demand for autopsy stipu- 
 lated for in accident insurance policy 
 is refused. L.E.A.191oD, 1203. 
 
 § 3. Production or inspection of doc- 
 uments. 
 
 Requiring attorney to produce documents 
 belonging to client as violation of 
 privilege. 48 L.R.A.(N.S.) 334. 
 
 § 4. Inspection of books, papers, and 
 records generally. 
 
 Duty to produce books or papers, pursuant 
 to subpoena duces tecum or order 
 of court as affected by their lo- 
 cation or control, or by considera- 
 tions of convenience or incon- 
 venience. L.R.A.1915B, 980. 
 Partners. L.R.A.1915B, 981. 
 Corporation or association. L.R.A. 
 
 1915B, 981. 
 Inconvenience. L.R.A.1915B, 982. 
 Other country, state, county, or town. 
 
 L.R.A.1915B, 984. 
 Tender of costs. L.R.A.1915B, 985. 
 Miscellaneous. L.R.A.1915B, 985. 
 Eight of bank officer or employee to refuse 
 to disclose state of depositor's account. 
 L.R.A.1915D, 1061. 
 Eight of corporation, corporate officer, or 
 other person having custody of its 
 books and papers, to refuse to produce 
 them on the ground that they may tend 
 to incriminate. 47 L.R.A.(N.S.) 1175. 
 Requiring attorney to produce papers be- 
 longing to client as violation of 
 privilege. 48 L.R.A.{N.S.) 334. 
 
 § 5. Physical examination. 
 
 Inspection in court, see Evidence, VI. 
 
 Cross-examination of plaintiff in action for 
 personal injuries as to his willingness 
 to submit to physical examination. 
 43 L.R.A.(N.S.) 622. 
 Admissibility against one spouse of evidence 
 of facts revealed by physical examina- 
 tion of other spouse who would be an 
 incompetent witness. 49 L.R.A.(N.S.) 
 .563. 
 Power to compel plaintiff to submit to a 
 physical examination. L.R.A. 
 1915E, 936. 
 Power of Federal court to order physi- 
 cal examination. L.R.A. 1915E, 
 937. 
 
 § 6. Inspection to discover defects. 
 
 Master's duty of inspection, see Master and 
 Seevant, § 98. 
 
 Validity of state inspection laws as ap- 
 plied to commodities in interstate com- 
 merce. L.R.A.1916D, 196. 
 
 Duty of gas company as to inspection of 
 existing equipment to prevent escape 
 or explosion of gas. L.R.A.1915E, 
 1023. 
 
 Of passenger elevator. L.R.A.1915E, 726. 
 
 ♦ »» 
 
 43 
 
 DISCREDITING. 
 
 Of witness, see Witnesses, § 42. 
 
 *-t-^ 
 
 DISCRETION. 
 
 I. In general, §§ 1—6. 
 II. Of court or judge, §§ ~—ll. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Of presidential electors in voting. 
 L.R.A.(N.S.) 283. 
 
 Of school authorities as to excluding, sus- 
 pending, or expelling pupils. 50 L.R.A. 
 (N.S.) 267. 
 
 Personal liability of highway officers in 
 matters of discretion. 52 L.R.A. (N.S.) 
 145. 
 
 //. Of court or judge. 
 
 § 7. Generally. 
 
 Abuse of, see Appeal and Eekob, § 29. 
 
 As to extent of punishment. L.R.A. 1915C, 
 560. 
 
 Discretion of court as to penalty to be im- 
 posed upon a corporation for violation 
 of law. L.R.A.1915A, 892. 
 
 § 9. As to granting or refusing in- 
 junction. 
 
 As to granting of injunction against nui- 
 sance. L.R.A.1916C, 1269. 
 
 § 10. As to evidence or vieixr. 
 
 As to use of photograph as evidence. 51 
 L.R.A. (N.S.) 848. 
 
 Begin ivith this hook on every law question. 
 
 DISCRIMINATION. 
 
 g 1. Generally. 
 
 Constitutionality of, see Constitutional 
 
 Law, VIII. b. 
 In license, see License, § 46. 
 Power of municipality as to, see !Muxicii'AL 
 
 COBPOEATIONS, §17. 
 
INDEX TO NOTES. 
 
 189 
 
 DISCRIMINATION— coniU 
 
 In municipal contract, see Munioipal 
 
 COBPORATIONS, § 54. 
 
 -Against colored children, see Schools, § 7. 
 
 In taxation, see Taxes, §§ 8, 93. 
 
 As to wharf privileges, see Wharves, § 9. 
 
 In regulation of draymen. 45 L.R.A.(N.S.) 
 1158. 
 
 Effect of discrimination among insurants 
 upon the contract of insurance and its 
 incidents. 49 L.R.A.(N.S.) 147. 
 
 § 2- By public service corporation. 
 
 Unconstitutionality of, generally, see 
 
 CONSTITOTIONAL LaW, VIII. b. 
 
 By carriers, see Carbiebs, §§ 150, 153. 
 
 Eight of water or light company to dis- 
 criminate between consumers as to 
 rates. L.R.A.1915D, 1086. 
 
 # » » 
 
 DISEASE. 
 
 Of animals, see Animals, § 17. 
 
 Contagious, disease, see Contagious Dis- 
 ease. 
 
 Opinion evidence as to cause of, see Evi- 
 dence, § 187b. 
 
 Protection against, see Health, III. 
 
 Representations and warranties by insured 
 as to, see Insurance, §§ 93, 96. 
 
 Effect of pre-existing disease on recovery 
 from one negligently causing personal 
 injury. 48 L.R.A.(N.S.) 119. 
 
 Mental anguish because of exposure to, as 
 element of recovery in telegraph cases. 
 49 L.R.A.(N.S.) 238. 
 
 Previous diseased condition as affecting lia- 
 bility under insurance policy for death 
 or injury from accident. 52 L.R.A. 
 (N.S.) 1203. 
 
 Effect on criminal responsibility for death 
 of disease intervening oi' concurring to 
 cause death. 51 L.R.A.(N.S.) 877. 
 
 As affecting testamentary capacity. L.R.A. 
 1915A, 450. 
 
 Recovery for, under workmen's compensa- 
 tion act. L.R.A.1916A, 106, 289. 
 
 DISFIGUREMENT. 
 
 Mental suffering arising from contempla- 
 tion of, as element of damages for 
 personal injuries. L.R.A.1916E, 898. 
 
 DISHERISON. 
 
 See Wills, § 68. 
 
 DISHONOR. 
 
 Of cheek, see Banks, § 26. 
 
 Consult also L.R.A. Digests to date. 
 
 DISINHERITANCE. 
 
 See Wills, § 68. 
 
 » ■ » 
 
 DISJtTNCTIVE ALLEGATIONS. 
 
 Use of disjunctive "or" in indictment charg- 
 ing kind or quality of liquor sold. 51 
 L.R.A.(N.S.) 133. 
 
 DISMISSAL AND DISCONTINU- 
 ANCE. 
 
 § 1. Generally. 
 
 Of appeal, see Appeal and Error, § 25. 
 
 Discontinuance of eminent domain proceed- 
 ing, see Eminent Domain, § 30. 
 
 As to nonsuit or direction of verdict, see 
 Trial, IV. 
 
 § 2. Voluntary. 
 
 Right to dismiss proceeding in nature of 
 writ inquirendo de lunatico. 51 L.R.A. 
 (N.S.) 1191. 
 
 § 4. Of criminal prosecution. 
 
 Necessity of consent of court to entry of 
 nolle prosequi in a criminal case. 45 
 L.R.A.(N.S.) 1123. 
 
 ♦-•-♦ ' 
 
 DISOBEDIENCE. 
 
 As a contempt, see Contempt, §§ 8, 8a. 
 
 DISORDERLY CONDUCT. 
 
 What constitutes, within meaning of liquor 
 dealer's bond. L.R.A.1916E, 273. 
 
 DISORDERLY HOUSES. 
 
 § 1. In general. 
 
 Defamation of occupants of house by im- 
 puting to it a disorderly character. 
 48 L.R.A. (N.S.) 256. 
 
 Slander in charging woman with keeping 
 a bawdy house. 48 L.R.A. (N.S.) 010. 
 
 Criminal responsibility of lessor of dis- 
 orderly house. 44 L.R.A. (N.S.) 859. 
 
 Necessity of corroborating evidence as to 
 reputation of house to support a con- 
 viction for keeping disorderly house. 
 46 L.R.A.(N.SJ 593. 
 
 Validity of statute making repute of house 
 prima facie proof of character. L.R.A. 
 1915C, 734. 
 
 Forfeiture of property found in bawdyhouse. 
 52 L.R.A.(N.S.) 932. 
 
 Cruel and unusual punishment for keeping. 
 L.R.A.1915C, 566. 
 
190 
 
 INDEX TO NOTES. 
 
 DISORDERLY PERSONS. 
 
 Fortune tellers as. 43 L.R.A.(N.S.) 203. 
 Bringing wife in contact with prostitutes 
 
 as ground for divorce. 43 L.R.A. (N.S.) 
 
 964. 
 Riglit of innlieeper to refuse to accept as 
 
 guests. 52 L.R.A.(N.S.) 744. 
 
 DISQUALIFICATION. 
 
 Of judge, see Judges, § 3. 
 Of juror, see Jury, III. b. 
 
 Of one employed as attorney in other pro- 
 ceedings to serve as commissioner or 
 juror in eminent domain proceedings. 
 47 L.K.A.(N.S.) 169. 
 
 DISSATISFACTION. 
 
 See Satisfaction. 
 
 DISSEISIN. 
 
 See Adverse Possession; Ejectment. 
 
 DISSOLUTION. 
 
 Af attachment, see Attachment, § 18. 
 Of corporation, see Corporations, IX. 
 Of insurance company, sec Insurance, II. c. 
 Of partnership, see Partnership, VII. 
 
 DISTRIBUTION. 
 
 In general, see Descent and Distribution; 
 Executors and Administrators. 
 
 DISTRICT AND PROSECUTING 
 ATTORNEY. 
 
 § 1. Generally. 
 
 Reversibility of error in argument of prose- 
 cuting attorney, see Appeal and Error, 
 § 37. 
 
 Liability for false arrest or imprisonment, 
 see False Imprisonment, § 7a. 
 
 Does privilege as to communication to, or 
 information acquired by, physician ex- 
 tend to physician employed by. L.R.A. 
 1915F, 892. ' 
 
 g 2. AVho may act as, or assist. ' 
 
 Right of accused to complain because prose- 
 cution is conducted or assisted by an 
 unofficial member of the bar. 47 
 L.R.A.(N.S.) 1106. 
 
 DISTRICT AND PROSECUTING ATTOR- 
 NEY— cont'd. 
 § 3. Powers of. 
 
 Power to dismiss prosecution, see Criminal 
 Law, § 40. 
 
 DISTRICTS. 
 
 School districts, see Schools, §§ 27, 28. 
 
 ♦-►♦ 
 
 DISTURBING MEETING. 
 
 Character of meeting essential to offense 
 
 of disturbing a meeting. 45 L.R.A. 
 
 (N.S.) 108. 
 Religious meetings. 45 L.R.A. (N.S.) 
 
 108. 
 Meetings for social entertainment or 
 
 educational purposes. 45 L.R.A. 
 
 (N.S.) 109. 
 Political or official meeting. 45 L.R.A. 
 
 (N.S.) 109. 
 Cruel and unusual punishment for. L.R.A. 
 1915C, 570. 
 
 DITCH. 
 
 For drainage purposes, see Drains and 
 
 Sewebs. 
 For irrigation, see Waters, § 92. 
 
 Duty as to establishment and maintenance 
 of bridges over ditches for use of ad- 
 joining owners. L.R.A.1015E, 687. 
 
 DIVERSE CITIZENSHIP. 
 
 Removal of cause to Federal court because 
 of, see Removal op Causes, § 7. 
 
 DIVERSION. 
 
 Of property dedicated, see Dedication, § 8. 
 
 Of property donated for public library to 
 other uses. 45 L.R.A. (N.S.) 368. 
 
 DIVIDENDS. 
 
 Apportionment of, see Apportionment, § 2. 
 On stock, see Corporations, §§ 100-102. 
 
 DIVISIBILITY. 
 
 Of contract, see Contracts, § 62. 
 
 Of insurance, see Insurance, §§ 61, 62. 
 
 DIVISION FENCE. 
 
 Begin ivith this book on eveiy law question. 
 
 See Fences, §§ 2, 3. 
 
INDEX TO NOTES. 
 
 ]!)1 
 
 DIVORCE AND SEPARATION. 
 
 /. In general, §§ 1-3. 
 II. Suit for divorce, and jurisdiction 
 thereof, §§ i-19. 
 
 a. In general, §§ 4—6. 
 
 b. Jurisdiction, §§ 7—13. 
 
 c. Decree of divorce, §§ 18—19. 
 
 2. Validity, effect, and con- 
 
 clusiveness, §§ 14, 15. 
 
 3. AttacTc upon, §§ 16—10. 
 III. Grounds, §§ 20-39. 
 
 IV. Defenses; collusion; condona- 
 tion; recrimination, §§ 30—33. 
 T. .-ilimony; counsel fees, §§ 34— 
 49. 
 a. In general, §§ 34— 40a. 
 h. Independent suit for, §§ 41, 
 43. 
 
 c. Remedies; enforcement, §§ 
 
 43a— 45. 
 
 d. Modification; termination of 
 
 right, §§ 46—48. 
 
 e. Lien for, § 49. 
 
 ri. Effect on property rights, §§ SO— 
 54. 
 VII. Custody and support of children, 
 S§ 55-57. 
 VIII. Agreements relating to divorce 
 or separation, § 58. 
 
 I. In general, 
 
 g 1. Generally, 
 
 Conflict of laws as to, see Conflict of 
 Laws, § 14. 
 
 Liability for causing separation, see Hus- 
 band AXD Wife, § 66. 
 
 As to remarriage after divorce, see Mak- 
 niAGE, §§ 12, 15. 
 
 Annulment of marriage, see Mabeiage, V. 
 
 Seduction of divorced woman. L.R.A.1916D, 
 458. 
 
 Divorce or separation as affecting action 
 for alienation of affections or criminal 
 conversation. 46 L.R.A.(N.S.) 1084. 
 
 Effect of divorce or separation on domicil 
 of children. 49 L.R.A. (N.S.) 864. 
 
 Status of child begotten after divorce be- 
 tween parents. 51 L.R.A. (N.S.) 308. 
 
 Devises or bequests conditioned upon divorce 
 or separation, or limited upon its con- 
 tinuance. 49 L.R.A.(N.S.) 637. 
 
 § 2. Presmuption as to. 
 
 See Evidence, § 29. 
 
 //. Suit for divorce, and jurisdiction 
 thereof. 
 
 a. In general. 
 
 § 4. Generally. 
 
 Sufficiency of allegations, see Pleading, § 
 32. 
 
 May original petition or complaint which 
 states no cause of action be aided by 
 supplemental pleading. L.R.A.1916D, 
 680. 
 Consult also L.R.A. Digests to date. 
 
 DIVORCE AND SEPARATION, 11.— cont'd. 
 
 b. Jurisdiction. 
 
 § 8. Domicil or residence as a£Eect- 
 ing. 
 
 Constitutionality of discrimination as to 
 jurisdictional requisite of residence in 
 divorce suit. L.R.A.1916A, 710. 
 
 Character of residence essential to give 
 jurisdiction in divorce proceedings. 
 L.R.A.1915D, 852. 
 
 Effect of immediate departure from state 
 after procuring divorce. 44 L.R.A. 
 (N.S.) 689. 
 
 Amendment of complaint in suit for divorce 
 or separation so as to show residence 
 or domicil. 48 L.R.A. (N.S.) 779. 
 
 c. Decree of divorce. 
 3. Validity, effect, and conclusiveness. 
 
 § 14. Generally. 
 
 Effect of divorce on property rights, see 
 infra, VI. 
 
 Conclusiveness as to third persons of decree 
 in suit for divorce or annulment as to 
 the facts adjudicated as distinguished 
 from the status established. L.R.A. 
 1915C, 870. 
 
 § 15. Decree of other state or coun- 
 try. 
 
 Valid divorce granted in one state as affect- 
 ing independent suit for alimony in an- 
 other. L.R.A.1915E, 421. 
 
 Extraterritorial effect of judgment award- 
 ing custody of children upon divorce of 
 parents. L.R.A.1915B, 154. 
 
 3. Attack upon. 
 
 S 16. Generally. 
 
 Effect of immediate departure from state 
 after procuring divorce. 44 L.R.A. 
 (N.S.) 689. 
 
 § 18. By party obtaining or consent- 
 ing. 
 
 Right of party obtaining or consenting to- 
 divorce to contest its validity. 51 
 L.R.A. (N.S.) 534. 
 Direct attack by party obtaining di- 
 vorce. 51 L.R.A.(N.S.) 5,34. 
 Direct attack by party who has con- 
 sented to or colluded in pro- 
 curement of divorce. 51 
 L.RA.(N.S.) 534. 
 Consent. 51 L.R.A. (N.S.) 534. 
 Collusion. 51 L.R.A. (N.S.) 535. 
 Collateral attack. 51 L.R.A. (N.S.) 535. 
 By party obtaining divorce. 51 
 
 L.R.A.(N.S.) 535. 
 By party who has consented to, or 
 colluded in, procurement of di- 
 vorce. 51 L.R.A. (N.S.) 536. 
 
192 
 
 INDEX TO NOTES. 
 
 DIVORCE AND SEPARATION, II. c, 3.— DIVORCE AND SEPARATION, III.— 
 
 cont'd. 
 
 § 19. After death of one or both of 
 parties. 
 
 Right to contest the validity of a divorce 
 
 decree after the death of one or 
 
 both of the parties. 44 L.R.A. 
 
 (N.S.) 505. 
 
 Attack by surviving party: 44 L.R.A. 
 
 (N.S.) 505. 
 Laches of surviving spouse barring 
 
 right. 44 L.R.A. (N.S.) 507. 
 Attack by stranger to the decree. 44 
 L.R.A.(N.S.) 509. 
 In direct proceeding. 44 L.R.A. 
 
 (N.S.) 509. 
 In collateral proceeding. 44 L.R.A. 
 (N.S.) 509. 
 Death of one party pending appeal. 
 44 L.R.A.(N.S.) 509. 
 
 III. Grounds. 
 
 § 20. Generally. 
 
 For annulment of marriage, see Marriage, 
 § 18. 
 
 Bringing wife in contact with prostitutes 
 as ground for divorce. 43 L.R.A. (N.S.) 
 904. 
 Failure to furnish support as ground of di- 
 vorce or separation. 43 L.R.A. 
 (N.S.) 255. 
 As substantive ground of divorce. 43 
 L.R.A.(N.S.) 256. 
 As affected by character or extent 
 of neglect. 43 L.R.A. (N.S.) 
 256. 
 As affected by husband's ability. 
 
 43 L.R.A. (N.S.) 258. 
 As affected by wife's conduct. 43 
 
 L.R.A.(N.S.) 259. 
 As affected by wife's earnings or 
 property. 43 L.R.A. (N.S.) 
 259. 
 As affected by time. 43 L.R.A. 
 259. 
 As cruelty. 43 L.R.A,(N.S.) 260. 
 As an indignity. 43 L.R.A. I N.S.) 260. 
 As neglect of duty. 43 L.R.A. (N.S.) 
 
 260. 
 As abandonment or desertion. 43 
 
 L.RA.(N.S.) 261. 
 As vagi-ancy. 43 L.R.A. (N.S.) 262. 
 Separation as ground of divorce. 49 
 
 L.R.A.(N.S.) 1034. 
 Degeneracy as ground for divorce. 51 L.R.A, 
 
 (N.S.) 282. 
 Failure to entertain wife or ' unsociability 
 as ground for divorce. 51 L.R.A. CN.S.) 
 460. 
 
 § 22. Sesual relations; adultery. 
 
 Antenuptial pregnancy or unchastity. 
 
 L.R.A.1916E, 650. 
 Refusal of marital intercourse as ground 
 for divorce. L.R.A.1915B, 770. 
 As desertion. L.R.A.1915B, 771. 
 As cruelty. L.R.A.1915B, 772. 
 As indignity. L.R.A.1915B, 773. 
 As gross neglect of duty. L.RA.1915B, 
 773. 
 
 Begin ivitH thin hoolc on every law question. 
 
 cont'd. 
 § 24. Abandonment; desertion. 
 
 Failure to support as abandonment or de- 
 sertion. 43 L.R.A.(N.S.) 262. 
 
 Inability of husband to support himself or 
 wife, as an excuse for leaving her. 52 
 L.R.A.(N.S.) 675. 
 
 Inability of husband to support wife as ex- 
 cuse for her refusal to live with him. 
 L.R.A.1915A, 222. 
 
 Refusal of marital intercourse as desertion. 
 L.R.A.1915B, 771. 
 
 Relations between one spouse and relatives 
 of other as affecting question of deser- 
 tion. L.R.A.1915E, 161. 
 
 Subsequent adultery as recriminatory de- 
 fense to desertion. L.R.A.1915E, 972. 
 
 § 25. Cruelty. 
 
 Failure to support as cruelty. 43 L.S.A. 
 (N.S.) 260. 
 
 Relations between one spouse and relatives 
 of the other as affecting question of 
 cruelty. L.R.A.1915E, 161. 
 
 Refusal of marital intercourse as crueltv. 
 L.R.A.1915B, 772. 
 
 Subsequent adultery as recriminatory de- 
 fense to cruelty. L.R.A.1915E, 972. 
 
 IT. Defenses; collusion; condonation; 
 recrimination . 
 
 § 30. Generally. 
 
 Inability of husband to support himself or 
 wife as an excuse for leaving her. 52 
 L.R.A.(N.S.) 675. 
 
 § 31, Collusion; connivance. 
 
 Right of party who had colluded in procure- 
 ment of divorce to contest its validity. 
 51 L.R.A.(N.S.) 535. 
 
 § 33. Recrimination. 
 
 Subsequent adultery as recriminatory de- 
 fense to desertion or cruelty. L.R.A. 
 1915E, 972. 
 
 V. Alimony; counsel fees. 
 
 a. In general. 
 
 § 34. Generally. 
 
 Necessity and sufficiency of service of notice 
 of application for alimony or support, 
 or for change of allowance in that re- 
 gard, after decree of divorce or separ- 
 ation. L.R.A.1915B, 674. 
 
 Right to alimony as affected by circumstance 
 that wife is in prison or other institu- 
 tion. 3 B. R. 0. 551. 
 
 Agreement releasing husband from obliga- 
 tions or providing for wife's support, 
 not made during the pendency of di- 
 vorce proceedings, as affecting right to 
 alimony. L.R.A.1916B, 921. 
 
 Appeal as affecting decree for permanent 
 alimony. L.R.A.1915B, 1071. 
 
 Amount of permanent alimonv on absolute 
 divorce. 44 L.R.A. (N.S.) 998. 
 General principles and rules. 44 L.R.A. 
 (N.S.) 999. 
 Discretion. 44 L.R.A. (N.S.) 999. 
 
INDEX TO NOTES. 
 
 193 
 
 DIVORCE 
 vont'd. 
 
 Matters 
 
 AND SEPAKATION, V. a- 
 
 and elements to be con- 
 sidered. 44 L.R.A.(N.S.) 
 1000. 
 Husband's ability. 44 L.E.A. 
 (N.S.) 1002. 
 Property or accumula- 
 tions. 44 L.R.A. 
 (N.S.) 1002. 
 Income or earning power. 
 44 L.R.A.{N.S.) 1003. 
 Expectancies or prospects. 
 44 L.R.A.(N.S.) 1003. 
 Pension money. 44 L.R.A. 
 (N.S.) 1004. 
 Wife's property or interests. 
 
 44 L.R.A. (N.S.) 1004. 
 Husband's conduct. 44 L.R.A. 
 
 (N.S.) 1005. 
 Wife's conduct. 44 L.R.A. 
 
 (N.S.) 1005. 
 Duration of the marriage. 44 
 
 L.E.A.(N.S.) 1005. 
 Wife's pregnancy. 44 L.R.A. 
 
 (N.S.) 1005. 
 Interest on payments. 44 
 
 L.R.A.(N.S.) lOOG. 
 Specific proportions. 44 L.R.A. 
 (N.S.) 1006. 
 Amount fixed by statute. 44 L.R.A. 
 
 (N.S.) 1007. 
 Illustrations. 44 L.R.A. (N.S.) 1009. 
 Excessive amount. 44 L.R.A. 
 (N.S.) 1010. 
 Where husband is at fault. 44 
 L.R.A.(N.S.) 1010. 
 In gross. 44 L.R.A. ( N.S. ) 
 
 1010. 
 In periodical payments. 
 44 L.R.A. (N.S.) 1012. 
 Where wife is at fault. 44 
 L.R.A. (N.S.) 1013. 
 Inadequate amount. 44 L.R.A. 
 (N.S.) 1013. 
 Where husband is at fault. 
 44 L.R.A.(N.S.) 1013. 
 In gross. 44 L.R.A. 
 
 (N.S.) 1013. 
 In periodical payments. 
 44 L.R.A.(N.S.) 1012. 
 Where wife is at fault. 44 
 L.R.A.(N.S.) 1015. 
 Reasonable or not unreasonable. 
 44 L.R.A.(N.S.) 1015. 
 Where husband is at fault. 44 
 L.R.A.(N.S.) 1015. 
 In gross. 44L.R.A.(N.S.) 
 
 1015. 
 In periodical payments. 
 44 L.R.A. 1020. 
 Where wife is at fault. 44 
 L.R.A. (N.S.) 1023. 
 Rewards other than in money. 44 
 L.R.A.(N.S.) 1024. 
 
 '§ 39. Temporary alimony; suit money. 
 
 Xiability of husband on wife's contract for 
 attorneys' fees in divorce proceedings. 
 L.R.A.1915C, 467. 
 Consult also L.R.A. Digests to date. 
 
 DIVORCE AND SEPARATION, V. a^ 
 cont'd. 
 
 Refusal to proceed with trial of divorce 
 suit because of noncompliance with 
 order to pay temporary alimony, suit 
 money or coirasel fees. L.R.A.1915E, 
 567. 
 
 Modification of decree for, because of sub- 
 sequent misconduct of wife. 45 L.R.A. 
 (N.S.) 875. 
 
 § 40. — ' pending attempt to reverse 
 or set aside decree. 
 
 Remedy pending appeal from decree in di- 
 vorce suit for failure to comply with 
 order for payment of temporary ali- 
 mony, suit money or counsel fees. 51 
 L.R.A.(N.S.) 1119. 
 Jurisdiction to award temporary alimony, 
 suit money, and counsel fees pend- 
 ing an appeal in divorce suit. 
 L.R.A.1916F, 1259. 
 Jurisdiction of trial court. L.R.A. 
 
 1916F, 1259. 
 Jurisdiction of appellate court. L.R.A. 
 1916F, 1261. 
 
 6. Independent suit for. 
 
 § 41. Generally. 
 
 Right of wife in fault for separation to 
 separate maintenance. 49 L.R.A. 
 (N.S.) 86. 
 
 Under statute. 49 L.R.A. (N.S.) 86. 
 
 In absence of statute. 49 L.R.A. (N.S.) 
 90. 
 
 § 42. — after decree of divorce. 
 
 Valid divorce granted in one state as af- 
 fecting independent suit for alimonv in 
 another. L.R.A.1915E, 421. 
 
 c. Remedies; enforcement. 
 
 § 42a. Generally. 
 
 Enforcement of claim for alimony against 
 
 exemptions. 50 L.R.A. (N.S.) 697. 
 
 Against homestead. 50 L.R.A. (N.S.) 
 
 699. 
 Power to decree alimony lien on home- 
 stead. 50 L.R.A.(N.S.) 700. 
 
 § 44. By imprisonment. 
 
 Enforcing payment of alimony as imprison- 
 ment for debt. L.R.A.1915B, 651. 
 
 d. Modification ; termination of right. 
 
 ^ 45a. Generally. 
 
 Necessity and sufficiency of service of no- 
 tice of application for change of ali- 
 mony after decree of divorce or sepa- 
 ration. L.R.A.1915B, 674. 
 
 Modification because of changed conditions. 
 44 L.R.A. (N.S.)' 1026. 
 
 § 46. Effect of wife's misconduct. 
 
 Modification of decree for alimony because 
 of subsequent misconduct of forme: 
 wife. 45 L.R.A.(N.S.) 875. 
 American rule. 45 L.R.A. (N.S.) 875. 
 Temporary alimony. 45 L.R.A 
 (N.S.) 875. 
 
 -3 
 
194 
 
 INDEX TO NOTES. 
 
 DIVORCE AND SEPARATION, V. d— 
 cont'd. 
 
 Permanent alimony. 45 L.E.A. 
 
 (N.S.) 875. 
 Divorce a mensa et thoro. 45 
 
 L.R.A.(N.S.) 875. 
 Divorce a vinculo. 45 L.R.A. 
 (N.S.) 876. 
 Within the term. 45 
 
 L.R.A. (N.S.) 877. 
 After the term. 45 L.R.A. 
 (N.S.) 877. 
 Misconduct induced by husband's 
 
 fault. 45 L.R.A.(N.S.) 880. 
 English rule. 45 L.R.A. (N.S.) 880. 
 Husbard guilty, wife innocent. 45 
 
 L.E.A.(N.S.) 880. 
 Wife guilty, husband innocent. 
 
 45 L.R.A.(N.S.) 881. 
 Both guilty. 45 L.R.A. (N.S.) 882. 
 Miscellaneous. 45 L.R.A. (N.S.) 
 882. 
 
 § 47. Effect of second marriage. 
 
 Effect of second marriage upon obligation 
 to pay alimony. L.E.A.1915F, 820. 
 
 Remarriage of husband. L.R.A.1915F, 
 820. 
 
 Remarriage of wife. L.R.A.1915F, 821. 
 
 g 48a. Effect of wife's death. 
 
 Death of wife as affecting alimony. L.R.A. 
 1916B, 854. 
 
 e. lAen for, 
 
 § 49. Generally. 
 
 Money decree for permanent alimony or 
 separate maintenance as lien on real 
 property. L.R.A.1916B, 652. 
 
 VI. Effect on property rights. 
 
 § 50. Generally. 
 
 Effect of divorce on tenancy by entireties. 
 
 L.R.A.1915C, 396. 
 Divorce as equivalent of death for purpose 
 
 of terminating a trust. L.R.A.1915E, 
 
 762. 
 
 § 51. On homestead rights. 
 
 Divorced wife as head of family within 
 homestead or exemption laws. 51 
 L.R.A.(N.S.) 1121. 
 
 § 53. On rights under insurance 
 policy. 
 
 See iNStiBANCE, § 191. 
 
 VII. Custody and support of children. 
 
 § 55. Custody. 
 
 As to custody and support of children gen- 
 erally, see Infants, II. 
 
 § 56. — outside of jurisdiction. 
 
 Extraterritorial effect of judgment award- 
 ing: custody of children. L.R.A.1915B, 
 154. 
 
 DIVORCE AND SEPARATION, VII. — 
 
 cont'd. 
 § 57. Support. 
 
 Does contractual obligation or provision in 
 decree of divorce or separation for the- 
 ' .support of a child survive the death of 
 the obligor. 48 L.R.A. (N.S.) 429. 
 
 Till. Agreements relating to divorce 
 or separation. 
 
 § 58. Generally. 
 
 Validity of contract upon condition, or in 
 consideration, of procuring divorce. 
 44 L.R.A.(N.S.) 379. 
 
 General principles. 44 L.R.A. (X.S.) 
 380. 
 
 Contracts intended or calculated to en- 
 courage the bringing or prosecu- 
 tion of suit. 44 L.R.A.(N.S.) 381.. 
 
 Contracts between husband or wife and 
 attorney. 44 L.R.A.(N.S.) 38.3. 
 
 Effect of receiving the consideration. 
 44 L.R.A.(N.S.) 384. 
 
 Adoption by court. 44 L.E.A. (N.S.) 
 385. 
 
 Intervention of trustee. 44 L.R.A^ 
 (N.S.) 385. 
 
 Contracts binding one party not to con- 
 test divorce action. 44 L.R.A. 
 (N.S.) 385. ' 
 
 Contracts not to appeal from decree of 
 divorce. 44 L.R.A. (N.S.) 386. 
 
 Where agreement is not collusive. 
 44 L.K.A.(N.S.) 387. 
 Effect of reconciliation on separation agree- 
 ment. 43 L.R.A.(N.S.) 1219. 
 
 Distinction between mere separation, 
 agreement and postnuptial or sepa- 
 ration settlement. 43 L.R.A. (N.S.) 
 1220. 
 
 Rule as to mere separation agreements 
 43 L.R.A.(N.S.) 1221. 
 
 Rule as to provisions beyond scope of 
 mere separation agreement. 43- 
 L.R.A.(N.S.) 1224. 
 
 Reconciliation as evidence of intention 
 to abrogate agreement. 43- 
 L.R.A.(N.S.) 1226. 
 connection with express pro- 
 vision as to effect of recon- 
 ciliation. 43 L.E.A.(N.S.> 
 1226. 
 
 Miscellaneous cases. 43 L.R.A. (N.S.> 
 1227. 
 
 In 
 
 DOCKAGE. 
 
 Action on contractor's bond for expense of 
 dockage. 43 L.E.A. (^N.S.) 170. 
 
 DOCKS. 
 
 See Wharves. 
 
 Begin with this liooTe on every law guesUon. 
 
 DOCXTMENTARY EVIDENCE. 
 
 In general, see Evidence, V. 
 
INDEX TO NOTES. 
 
 195 
 
 DOCUMENTS. 
 
 Production and inspection of, see Discov- 
 
 EKY AND Inspection, §§ 3, 4. 
 As evidence, see Evidence, V. 
 
 Use of photograpiis of, in evidence. 
 L.R.A.(N.8.) 857. 
 
 61 
 
 < » » 
 
 DOGS. 
 
 In general, see Animals. 
 
 DOING BUSINESS. 
 
 By foreign corporation, see Cobpoeations, 
 XI. b. 
 
 DOMESTIC ANIMALS. 
 
 See AiiiMALS. 
 
 DOMESTIC RELATIONS. 
 
 In general, see Divoece and Sepaeation; 
 
 OUAEDIAN and WaED; HuSBAND AND 
 
 Wipe; Infants; Maeeiage; Mastee 
 
 AND SeEVANT; PABENT AND CHILD. 
 
 Conflict of laws as to, see Conflict of 
 Laws, I. c. 
 
 DOMICII. AND RESIDENCE. 
 
 § 1. Generally. 
 
 Of corporation, see Cobpoeations, § 11. 
 Jurisdiction as affected by residence, see 
 
 cotjets, rv. 
 
 For purpose of divorce, see Divoece and 
 
 Separation, §§ 8, 9. 
 Kesidence of poor persons, see PooB and 
 
 Poob Laws, § 2. 
 As to nonresidents, see Nonbesidents. 
 
 Unknown disqualification of juror because 
 of, as ground for new trial, 50 L.R.A. 
 (N.S.) -975. 
 
 Domicil as affecting governing law of mat- 
 rimonial capacity. 43 L.R.A. (N.S.) 
 355. 
 
 § 2. Of infant. 
 
 Of school children, see Schools, § 6. 
 
 Generally. 49 L.R.A. (N.S.) 860. 
 Adopted children. 49 L.R.A. (N.S.) 863. 
 Illegitimate child. 49 L.R.A. (N.S.) 863. 
 Separation of parents. 49 L.R.A. (N.S.) 
 
 864. 
 Divorce of parents. 49 L.R.A. (N.S.) 864. 
 Death of father, mother surviving. 49 
 L.R.A.(N.S.) 866. 
 Remarriage of mother. 49 L.R.A. 
 (N.S.) 867. 
 Change by guardian. 49 L.R.A. (N.S.) 869. 
 Consult also L.R.A. Digests to date. 
 
 DOMICIL AND RESIDENCE— comt'd 
 Domicil of infant after death of both par- 
 ents. 49 L.R.A.(N.S.) 875. 
 
 § 3. Of married women. 
 
 Domicil as affecting capacity of married 
 woman to contract. L.R.A.1916A, 1054. 
 
 § 6. Change of. 
 
 Change of domicil of infant by guardian. 
 49 L.R.A.(N.S.) 869. 
 
 DONATION. 
 
 In general, see Gift. 
 
 Of public money, see Public Monet. 
 
 Diversion of property donated for public 
 library to other uses. 45 L,RA» 
 (N.S.) 368. 
 
 DORMANCY. 
 
 Of judgment, effect of, see Judgment, § 85i 
 
 DOUBLE BLOOD. 
 
 Descent of ancestral estates to heirs 
 double blood. L.R.A.1916C, 924. 
 
 of 
 
 DOUBLE HOUSE. 
 
 As violation of restrictive covenants. 
 L.R.A.(N.S.) 726. 
 
 4a 
 
 DOUBLE INSURANCE. 
 
 See Insubanoe, § 80. 
 
 DOUBLE TAXATION. 
 
 By imposition of license tax upon automo- 
 biles. 52 L.R.A.(N.S.) 953. 
 
 DOWER. 
 
 I. Bight to, §§ 1—14:. 
 
 h. In what property, §§ 2—4. 
 d. How lost or destroyed, §§ 7— 
 14. 
 II. Rights, duties, and remedies, §§ 
 §§ 15-33. 
 
 I. Right to. 
 h. In what property. 
 
 § 2. Generally. 
 
 Right of dower with respect to improve- 
 ments placed on land. 3 B. R. C. 957. 
 
196 
 
 INDEX TO NOTES. 
 
 DOWER, I. h— cont'd. 
 
 § 3. In land mortgaged or conveyed 
 by husband. 
 
 Dower rights in property conveyed before 
 marriage. 48 L.R.A.(N.S.) 512. 
 General rules. 48 L.E.A.(N.S.) 513. 
 Conveyances in good faith. 48 
 
 L.R.A.(N.S.) 513. 
 Fraudulent conveyances. 48 L.E.A. 
 
 (N.S.) 513. 
 What constitutes fraud. 48 L.E.A. 
 
 (N.S.) 514. 
 Effect of fiancee's knowledge of 
 conveyance. 48 L.E.A. (N.S.) 
 516. 
 Miscellaneous. 48 L.E.A. (N.S.) 
 516. 
 Conveyances incomplete at time of mar- 
 riage. 48 L.E.A.(N.S.) 517. 
 Conveyances before engagement. 48 
 > L.R.A.(N.S.) 518. 
 Conveyances to child by former wife. 
 48 L.R.A.(N.S.) 52Q. 
 When valid ' as against dower 
 rights. 48 L.E.A. (N.S.) 520. 
 When invalid as against dower 
 rights. 48 L.R.A.(N.S.) 522. 
 Effect of fiancee's knowledge of 
 conveyance. 48 L.E.A. (N.S.) 
 522. 
 Miscellaneous. 48 L.E.A. (N.S.) 
 523. 
 Extent to which conveyance is void- 
 able. 48 L.R.A.(N.S.) 523. 
 
 § 4a. In land subject to purchase 
 money mortgage or vendor's lien. 
 
 Dower in land subject to purchase money 
 mortgage or vendor's lien. 52 L.E.A. 
 (N.S.) 540. 
 Purchase money mortgage. 52 L.E.A. (N.S.) 
 541. 
 Rule in general as to right of dower 
 against mortgagee and those 
 claiming under him. 52 L.E.A. 
 (N.S.) 541. 
 Mortgage to grantor. 52 L.E.A. 
 
 (N.S.) 541. 
 Mortgage or deed of trust to third 
 person. 52 L.E.A. (N.S.) 543. 
 Rule in general as to right of dower 
 against strangers to the mortgage. 
 52 L.R.A.(N.S.) 546. 
 Right of dower as against creditors and 
 heirs, in general. 52 L.E.A. (N.S.) 
 547. 
 Particulafr applications. 52 L.E.A. 
 (N.S.) 547. 
 Sale of land during husband's life- 
 time. 52 L.R.A.(N.S.) 
 547. 
 Foreclosure sale. 52 L.R.A. 
 
 (N.S.) 547. 
 Sale under power. 52 L.R.A. 
 
 (N.S.) 548. 
 Sale in bankruptcy or insol- 
 vency proceedings. 52 
 L.R.A.(N.S.) 549. 
 Sale on execution. 52 L.R.A. 
 
 (N.S.) 549. 
 Bale by husband. 52 L.R.A. 
 (N.S.) 549. 
 
 Segin u'ith this Ttooik on every law question. 
 
 DOWER, I. h— cont'd. 
 
 Sale of land after husband's death. 
 52 L.E.A.(N.S.) 550. 
 Foreclosure sale. 52 . L.E.A. 
 
 (N.S.) 550. 
 Sale under power. 52 L.E.A. 
 
 (N.S.) 550. 
 Sale by executor or adminis- 
 trator. 52 L.E.A.(N.S.) 
 550. 
 Sale on execution. 52 L.R.A. 
 
 (N.S.) 551. 
 Sale by heir. 52 L.R.A. ( N.S. ) 
 552. 
 Reconveyance or release to mort- 
 gagee. 52 L.R.A. (N.S.) 552. 
 Substituted mortgage. 52 L.E.A. 
 '(N.S.) 552. 
 Time of execution of deed and mort- 
 gage. 52 L.R.A. (N.S.) 553. 
 Presumption that mortgage is for pur- 
 chase money and is a part of trans- 
 action of purchase. 52 L.R.A. 
 (N.S.) 554. 
 Miscellaneous. 52 L.E.A. (N.S.) 555. 
 Vendor's lien. 52 L.R.A. (N.S.) 555; 
 
 Rule in general as to superiority of 
 Vendor's lien over dower. 52 
 L.R.A.(N.S.) 555. 
 Right of subrogation to vendor's lien 
 as respects dower. 52 L.R.A. 
 (N.S.) 556. 
 Right of dower as against heirs and 
 
 creditors. 52 L.R.A. (N.S.) 557. 
 Particular applications. 52 L.E.A. 
 (N.S.) 558. 
 Enforcement of lien during hus- 
 band's lifetime. 52 L.E.A. 
 (N.S.) 558. 
 Enforcement of lien after husband's 
 
 death. 52 L.E.A. (N.S.) 559. 
 Eight of dower in land reconveyed 
 to vendor to satisfy lien. 52 
 L.E.A.(N.S.) 559. 
 Statutory provisions. 52 L.E.A. (N.S.) 
 
 560. 
 Miscellaneous. 52 L.E.A. (N.S.) 561. 
 
 d. How lost or destroyed. 
 
 § 7. Generally. 
 
 Election between dower and provisions of 
 will, see Wills, §§ 112, 113.. 
 
 Estoppel to assert dower by deceiving one 
 
 acquiring title. 48 L.R.A.(N.S.) 762, 
 
 764. 
 Effect of forfeiture of husband's estate for 
 
 treason on wife's right of dower. 
 
 L.R.A.1916E, 346. 
 
 § 8. By conveyance. 
 
 Eight to dower in land mortgaged or con- 
 veyed by husband, see supra, § 3. 
 
 II. Rights, duties and remedies. 
 
 §15. Generally. 
 
 Succession tax upon provision in lieu of. 
 45 L.E.A.(N.S.) 228. 
 
INDEX TO NOTES. 
 
 197 
 
 DOWER, II.— cont'd. 
 
 Time for ascertaining value of land for pur- 
 poses of assigning dowef ; and right 
 of dower with respect to improve- 
 ments placed thereon. 3 B. R. C. 
 950. 
 Time for ascertaining value of land for 
 purposes of assigning dower. 
 3 B. R. C. 951. 
 As affected by statutory provisions. 
 
 3 B. R. C. 956. 
 Miscellaneous. 3 B. R. C. 956. 
 Right of dower in improvements. 3 
 
 B. R. C. 957. 
 
 Distinction in general between im- 
 provements made by heir and 
 by alienee. 3 B. R. C. 957. 
 Distinction between value or cost 
 of improvements and increased 
 value therefrom. 3 B. E. C. 
 957. 
 Improvements made by heir or dev- 
 isee. 3 B. E. C. 958. 
 Improvements made by grantee. 
 3 B. R. C. 959. 
 Grantees from husband. 3 B. 
 
 R. C. 959. 
 Grantees from heir. 3 B. R. 
 
 C. 960. 
 Purchasers at judicial sale. 3 
 B. R. C. 961. 
 During lifetime of hus- 
 band. 3 B. R. C. 961. 
 After death of husband. 
 3 B. R. C. 962., 
 Improvements made by widow or 
 by widow and heirs. 3 B. R. 
 
 C. 962. 
 
 Improvements by municipality. 3 
 
 B. R. 0. 963. 
 Improvements rebuilt by purchaser. 
 
 3 B. R. C. 964. 
 Improvements upon leaseholds. 3 
 
 B. R. C. 964. 
 Miscellaneous. 3 B. R. C. 964. 
 Statutory provisions. 3 B. R. C. 
 
 965. 
 
 § 2Z. Succession tax on dower. 
 
 Succession tax upon dower. L.R.A.1916C, 
 
 675. 
 Succession tax upon provision in lieu of 
 
 dower. 45 L.R.A.(N.S.) 228; L.R.A. 
 
 1916C, 675. 
 
 DBAFT. 
 
 In general, see Banks, V.; Bills and Notes. 
 
 Obtaining draft by false pretenses. L.R.A. 
 1916E, 1106. 
 
 DRAINAGE DISTRICTS— cowi'd. 
 
 Duty as to establishment and maintenance 
 of bridges over ditches for use of ad- 
 joining'owners, L.R.A.1915E, 687. 
 
 § 2. Creation of. 
 
 Constitutionality of statute prescribing 
 property qualification on right to vote 
 on establishment of drainage district. 
 44 L.R.A. (N.S.) 539. 
 
 DRAINAGE DISTRICTS. 
 
 § 1. Generally. 
 
 Duty as to highway crossed by ditch con- 
 structed by drainage district. 43 
 L.R.A.(N.S.) 695. 
 Consult also L.R.A. Digests to date. 
 
 DRAINS AND SEWERS. 
 
 /. In general; estahlishment, §§ 1—7. 
 II. Duty and llahility as to, §§ 8—10. 
 IV. Assessments, §§ 13—14:. 
 
 I. In general; establishment. 
 
 § 1. Generally. 
 
 Drainage districts, see Drainage Districts. 
 Public improvements generally, see Public 
 Impbovkments. 
 
 Incorporation of territory *into municipal- 
 ity as affecting prior right to maintain 
 sewer in street. 47 L.R.A. (N.S.) 610. 
 
 Creation of easement of drainage by sever- 
 ance of tract of land with apparent 
 benefit existing. L.R.A.1915C, 353. 
 
 Duty as to establishment and maintenance 
 of bridges over ditches for use of ad- 
 joining owners. L.R.A.1915E, 687. 
 
 Duty of railroad company to construct or 
 alter bridges at its own expense over 
 public drainage ditches. L.R.A.1915B, 
 486. 
 
 § 2. Nuisance as to. 
 
 Drains and sewers as nuisances, see Nuis- 
 ances, § 2. 
 
 II. Duty and liability as to, 
 
 § 9. Of municipality. 
 
 Liability of municipality for injuries due 
 to, see Municipal Corporations, V. 
 g, 4. 
 
 Liability of municipal corporation with re- 
 spect to surface water, see Municipal. 
 Corporations, § 91. 
 
 § 10. Interference uritli streams liy. 
 
 As to pollution of water course, generally, 
 see Waters, §§ 55, 57, 103. 
 
 IV. Assessments. 
 
 § 12. Generally. 
 
 Assessments for local improvements, gen- 
 erally, see Public Improvements, IV. 
 
 § 13. Persons and property liable for. 
 
 I Liability of railroad property to assessment 
 for drains or sewers. L.R.A. 1915A, 
 129 
 
 Roadbed. L.R.A.1915A, 130. 
 
 Easement in streets and in other lands- 
 L.E.A.1915A, 131. 
 
■1 198 
 
 INDEX TO NOTES. 
 
 X)RAINS AND SEWERS, IV.—cont'd. 
 
 Land other than roadbed used for rail- 
 road purposes. L.il.A.1915A, 131. 
 
 Land not devoted to railrokd purposes. 
 L.R.A.1915A, 132. 
 
 Payment of other taxes as bar. L.R.A 
 1915A, 132. 
 
 BBAWBIIIDGE. 
 
 Liability of municipality for negligence of 
 bridge tender. 45 L.R.A. (N.S.) 98: 
 L.RA.1915r, 1062. 
 
 * « > 
 
 DRAYMEN. 
 
 See Cabtmen and Teamstees. 
 
 DRILLS. 
 
 Master's liability for injury by defects in. 
 51 L.R.A.(N.S.) 338. 
 
 DRIVERS. 
 
 Imputing negligence of, to passenger, see 
 Negligence, § 42. 
 
 Liability of owner of vehicle for injury to 
 child invited to ride by driver. 46 
 L.R.A.{N.S.) 199. 
 
 Care required of driver of automobile at 
 railroad crossing. 46 L.R.A. (N.S.) 
 702. 
 
 Making prima facie case of responsibility 
 for negligence of driver of automobile 
 by proof of defendant's ownership of 
 ■car or employment of driver. 46 L.R.A. 
 <N.S.) 1091. 
 
 DRIVING LOGS. 
 
 Eight to use stream for, see Logs and Log- 
 ging, II. 
 
 < » » 
 
 DROVERS. 
 
 stock 
 
 dnring 
 
 § 2. Accompanying 
 transportation. 
 
 Carriers' liability for injury to, see Cae- 
 KIEES, § 57. 
 
 DRUGS AND DRUGGISTS. 
 
 " g I. Generally. 
 
 Giving liquor or drugs to female with view 
 to having sexual intercourse with her 
 as constructive rape or assault with in- 
 tent to commit rape. 46 L.R.A. (N.S.) 
 422. 
 
 DRUGS AND DRUGGISTS— confd. 
 § 2. Effect of use of drugs. 
 
 Use of drugs as affecting testamentary ca- 
 pacity. L.R.A.1915A, 450. 
 
 § 3. Regulation; license. 
 
 Private action for violation of statute reg- 
 ulating sale of drugs. L.R.A.1915E, 
 560. 
 
 Right of physician to sell drugs without a 
 prescription. 46 L.R.A. (N.S.) 1. 
 
 What constitutes misbranding within pure 
 drugs law. L.R.A.1916D, 169. 
 
 What constitutes adulteration within the 
 food and drugs act. L.R.A.1915B, 774. 
 
 § 5. Liability. 
 
 Duty of druggist or apothecary in the sale 
 or compounding of medicines. 47 
 L.K:A.(N.S.) 693. 
 
 Instigation or consent to crime for purpose 
 of detecting criminal as defense to pros- 
 ecution for illegal sale. 51 L.R.A. 
 (N.S.) 830. 
 
 DRUNKENNESS. 
 
 Begin tvith this 6oo7c on every law question. 
 
 § 1. Generally. 
 
 Effect on criminal responsibility, see Ceimi- 
 NAL Law, § 10. 
 
 Injuries by intoxicated person as within 
 provision of accident insurance policy 
 exempting insurer or limiting liability 
 in case of an injury intentionally in- 
 flicted by another. 48 L.R.A. (N.S.) 
 527. 
 
 As ground for removal of officer. 50 L.R.A. 
 (N.S.) 912. 
 
 Effect of, on voluntariness of confession. 50 
 L.R.A.(N.S.) 1083. 
 
 Intoxication of defendant as affecting lia- 
 bility for libel or slander. 51 L.R.A. 
 (N.S.) 1198. 
 
 Right of innkeeper to refuse to accept as 
 guest, drunken or disorderly person. 
 52 L.R.A.(N.S.) 744. 
 
 Recovery under workmen's compensation 
 act where workman was intoxicated at 
 time of injury. L.R.A.1916A, 351. 
 
 § 3. Contracts ^rith drunken persons. 
 
 § 4. —validity of. 
 
 Validity of contract made with intoxicated 
 person. L.R.A.1915B, 1121. 
 Degree of intoxication. L.R.A.1915B, 
 
 1122. 
 Void or voidable ratification. L.R.A. 
 1915B, 1123. 
 Intoxication as defense to bill or note in 
 hands of bona fide holder. 46 L.R.A. 
 (N.S.) 212. 
 
 g S. As affecting negligence or con- 
 tributory negligence. 
 
 Intoxication no excuse. 47 L.R.A. (N.S.) 
 731; L.R.A.1916F, 101. 
 
INDEX TO NOTES. 
 
 193 
 
 DRUNKENNESS— cont'd. 
 When it amounts to contributory negli- 
 gence. 47 L.R.A.(N.S.) 733; 
 L.E.A.1916F, 101. 
 With relation to trespassers. 47 L.R.A. 
 
 (N.S.) 734. 
 With relation to persons injured at 
 
 crossings. 47 L.R.A. (N.S.) 735. 
 With relation to persons rightfully on 
 
 track. 47 L.R.A. (N.S.) 736. 
 With relation to passengers. 47 L.R.A. 
 
 (N.S.) 736; L.R.A.1916F, 102. 
 With relation to persons injured on 
 highways, streets, etc. 47 L.R.A. 
 (N.S.) 737; L.R.A.1916F, 102. 
 With relation to miscellaneous mat- 
 ters. 47 L.R.A.(N.S.) 739. 
 •Question for the jury. 47 L.R.A. (N.S.) 
 
 740. 9 
 
 Presumption and burden of proof. 47 
 
 L.R.A.(N.S.) 740. 
 Intoxication as evidence of negligence. 47 
 L.R.A.(N.S.) 740. 
 Admissibility. 47 L.R.A. (N.S.) 740. 
 Weight and sufficiency. 47 L.R.A. 
 (N.S.) 742. 
 Employment of persons having habits of in- 
 toxication. 47 L.R.A.(N.S.) 742. 
 
 ■% G. — on railroad track. 
 
 Intoxication of person injured at crossing 
 as contributory negligence. 47 L.R.A. 
 (N.S.) 735. 
 
 Intoxication of person injured by railroad 
 trains operated longitudinally along 
 public street. 49 L.R.A. (N.S.) 687. 
 
 § 7. — in highiray. 
 
 When drunkenness amounts to contributory 
 negligence in case of injury on high- 
 ways, streets, etc. 47 L.R.A. (N.S.) 
 737; L.R.A.1916F, 102. 
 
 Degree of care required of intoxicated per- 
 son on defective street. 48 L.R.A. 
 (N.S.) 628. 
 
 Intoxication of person injured by railroad 
 trains operated longitudinally along 
 public street. 49 L.R.A. (N.S.) 687. 
 
 Evidence of, on question of contributory 
 negligence of driver of horse encoun- 
 tering automobile on highway. 50 
 L.R.A.(N.S.) 568. 
 
 § 8. — of passenger. 
 
 Carrier's duty to accept intoxicated person 
 as a passenger. L.R.A.1915E, 788. 
 
 Ejection of intoxicated passenger. L.R.A. 
 1915C, 134. 
 
 Intoxication as affecting negligence of pas- 
 senger. 47 L.R.A.(N.S.) 736; L.R.A. 
 1916F, 102. 
 
 Xiiability of carrier for act of obviously 
 drunken passenger. 4 B. E. C. 330. 
 
 ^ 9. — of fellow servant. 
 
 Employment of person having habits of in- 
 toxication. 47 L.R.A. (N.S.) 742. 
 
 DUE PROCESS OF I.A'W. 
 
 See Constitutional Law, VIII. c. 
 
 Consult also L.R.A. Digests to date. 
 
 DUMB WAITEB. 
 
 Liability of landlord for personal injuries 
 to wife of lessee. L.R.A.1916F, 1152. 
 
 Liability of landlord for personal injury 
 by defects in, to member of lessee's 
 family other than wife. L.R.A.1916F, 
 1162. ' 
 
 Landlord's liability for injury to servant of 
 tenant by defect in dumb waiter. 
 L.R.A.1916F, 1148. 
 
 DUPLICITY. 
 
 In indictment, see Indictment, etc., § 31. 
 In pleading in civil action, see Pleading, § 
 
 15. 
 In statute, see Statutes, § 13. 
 
 DURATION. 
 
 Of easement, see Easement, § 17. 
 Of employment, see Masteb and Servant, 
 § 5. 
 
 DURESS. 
 
 § 1. Generally. 
 
 Contract procured by threats of prosecu- 
 tion of a relative, see Contracts, § 91. 
 
 § Z. 'What constitutes. 
 
 Right to recover back license fee unlawfully 
 
 exacted under color of authority. 49 
 
 L.R.A.(N.S.) 387. 
 Threats of imprisonment by public officer. 
 
 L.R.A.1916B, 670. 
 Duress of real property. L.R.A. 1915B, 498. 
 
 Recovery of payment unlawfully de- 
 manded by mortgagees. L.R.A. 
 1915B, 498. 
 
 Recovery of payments required by one 
 holding title as trustee. L.R.A. 
 1915B, 500. 
 
 Recovery of unlawful payments de- 
 manded by vendor. L.R.A.1915B, 
 501. 
 
 Payments on account of executions and 
 judgments. L.R.A.1915B, 501. 
 
 Miscellaneous. L.R.A.1915B, 502. 
 
 § 3. Effect of. 
 
 Right to recover back money paid under, 
 
 see Assumpsit, § 4. 
 EflTect of, to avoid marriage, see Marriage, 
 
 § 6. 
 
 Effect of, on voluntariness of confession. 
 50 L.R.A.(N.S.) 1077. 
 
 Effect of duress of real property. L.R.A. 
 1915B, 498. 
 
 Enforcement of contract entered into under 
 circumstances not constituting duress 
 by its proper law, but so regarded by 
 the law of the forum. 4 B. R. C. 423. 
 
200 
 
 INDEX TO NOTES. 
 
 DUST. 
 
 Right to compensation in condemnation 
 proceedings for damages to part of 
 tract not taken by dust incidental to 
 operation of railroad. L.R.A.1916E, 
 445. 
 
 DW^EIiLINGS. 
 
 § 1. Generally. 
 
 As to buildings generally, see BtraiDiNGS. 
 Defense of, see Homicide, § 26a. 
 
 Right of owner or lessee of mineral in place 
 to use the surface of the land for erec- 
 tion of. 48 L.R.A.(N.S.) 888. 
 
 Effect of constitutional or statutory pro- 
 vision exempting dwelling houses from 
 condemnation proceedings. L.R.A. 
 1916A, 1100. 
 
 Right to break and enter dwelling to serve 
 civil writ of process. L.R.A.1916D, 
 281. 
 
 DYING DECI.ABATIONS. 
 
 Admissibility of evidence, see Evidence, XI. 
 
 J- 
 Weight of, see Evidence, § 318a. 
 
 DYNAMITE. 
 
 As to explosives generally, see Explosions 
 AND Explosives. 
 
 Violation of statute or ordinance relating 
 to, as ground of private action, 48 
 L.K.A.(N.S.) 880. 
 
 EARNINGS. 
 
 Assignment of future earnings, see As- 
 signment, § 6. 
 
 Capitalization of, in valuation of public 
 service property. 48 L.R.A. (N.S.) 
 1109; L.R.A.1916F, 6S5. 
 
 Consideration of earnings in determining 
 the value of property for purposes of 
 taxation. L.R.A.1916C, 529. 
 
 Loss of, as element of damages for breach of 
 contract of partnership. 51 L.R.A. 
 (N.S.) 90. 
 
 EASEMENTS. 
 
 I. 
 IV. 
 
 In general, § 1. 
 
 Creation; how acquirecL, §§ 6— IS. 
 b. By express terms, §§ 7,8. 
 o. By prescription, § 9. 
 d. By implication; as appurte- 
 nant; of necessity, §§, 10— 
 15. 
 T. Transfer of; duration, §§ 10, 17 
 
 Begin witii this boo7c on every law question. 
 
 EASEMENTS— coTOi'd. 
 
 VI. Interference with; change of^ 
 §§ 18-31. 
 VII. Extent of right; tnaintenance of 
 easement; remedies, §§ 83—84:. 
 VIII. Loss; abandonment; extinguish- 
 ment, §§ 35-38. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Public easement, see Highways. 
 In highway, see Highways, IV. 
 In party wall, see Paety Wall, § 2. 
 In waters, see Watebs, II. 
 Of lateral support, see Latebal Suppoet. 
 As to license, see License, I. 
 As to railroad right of way, see Raileoads, 
 § 15. 
 
 Registration of easements under the Tor- 
 rens Law. L.R.A.1916D, 77. 
 
 Existence of public highway, private way, 
 or railroad right of way across land 
 at time of conveyance as breach of 
 covenants. 48 L.R.A. (N.S.) 619. 
 
 Existence of water right on land at time- 
 of conveyance as breach of covenant. 
 61 L.R.A.(N.S.) 428. 
 
 IV. Creation; how acquired, 
 b. By express terms. 
 
 § 8. By exception and reservation. 
 
 Effect of provision as to crossing in deed 
 to railroad right of way. 48' 
 L.R.A.(NS.) 378. 
 Introductory. 48 L.R.A. (N.S.) 378. 
 Duration ot the right. 48 L.R.A. ( N.S. > 
 380. 
 Existing ways. 48 L.RA..(N.S.> 
 
 381. 
 New ways. 48 L.R.A. (N.S.) 382. 
 Stipulation without words, 
 of limitation construed 
 strictly. 48 L.R.A.(N.S.) 
 382. 
 Stipulation without words- 
 of limitation construed 
 liberally as to intent. 
 48 L.R.A.(N.S.) 383. 
 In equity. 48 L.R.A.(N.S.) 
 385. 
 Severance of ownership. 48 L.R.A. 
 
 (N.S.) 386. 
 Remedies. 48 L.R.A. (N.S.) 387. 
 Condemning additional strip. 4& 
 
 L.R.A.(N.S.) 391. 
 Entering owner's land to construct or 
 repair crossing. 48 L.R.A. (N.S.) 
 391. 
 Public highway as private crossing. 
 48 L.R.A.(N.S.) 391. 
 Enlarging use of crossing. 48 L.R.A. (N.S.) 
 391. ■ . 
 
 Miscellaneous. 48 L.R.A.(N.S.) 392. 
 
 c. By prescription. 
 
 § 9. Generally. 
 
 Burden of showing that use upon which an 
 easement by prescription is claimed was- 
 permissive, and not under claim of 
 right. 44 L.R.A. (N.S.) 98. 
 
INDEX TO NOTES. 
 
 201 
 
 :EASEMENTS, IV. o— cont'd. 
 
 j\.cquisition of easement by prescription 
 where original use was under li- 
 cense. 44 L.R.A.(N.S.) 89. ■ 
 When license is revoked or repudiated. 
 44 L.E.A.(N.S.) 93. 
 
 Use of way by necessity as affecting cre- 
 ation of easement by prescription. 44 
 L.R.A.(N.S.) 101. 
 
 Acquisition of prescriptive right of way 
 across railroad tracks. 48 L.R.A. 
 (N.S.) 903. 
 
 -Acquisition by prescription of right to visit 
 object of interest on private property, 
 or to resort thereto for purposes of 
 pleasure. 4 B. E. C. 889. 
 
 jMay a tenant of one close acquire an ease- 
 ment in an adjoining close of his land- 
 lord against the latter or another of 
 his tenants. 4 B. R. C. 998. 
 
 Prescriptive easement to discharge water, 
 snow, or ice from roof upon premises 
 of adjoining owner. L.R.A.1916A, 695. 
 
 <J. By implication; as appurtenant; of 
 necessity. 
 
 f lO. Generally. 
 
 .Right to discharge water, snow or ice from 
 roof upon premises of adjoining own- 
 er. L.R.A.1916A, 693. 
 
 f IS. By severance of tract of land 
 with apparent benefit existing. 
 
 The general rule. L.R.A.1915C, 346. 
 Application. L.R.A.1915C, 346. 
 
 To implied grants. L.R.A. 1915C, 
 
 346. 
 To implied reservations. L.R.A. 
 1915C, 346. 
 Requisites. L.R.A.1915C, 347. 
 
 Use at time of grant. L.R.A.1915C, 
 
 347. 
 Apparent and obvious. L.E.A.1915C, 
 
 347. 
 Continuous. L.R.A. 1915C, 348. 
 Necessary. L.R.A.1915C, 348. 
 Incidents. L.R.A.1915C, 348. 
 
 Order of transfer. L.R.A.1915C, 348. 
 Method of transfer as affecting. L.R.A. 
 1915C, 348. 
 Alienation by devolution and divi- 
 sion in case of death. L.R.A. 
 1915C, 348. 
 Severance by partition. L.R.A. 
 1915C, 348. 
 Application of rules to easements of way 
 or passage. L.E.A.1915C, 349. 
 Acquisition by use and severance. 
 
 L.R.A.1915C, 349. 
 Stairways, etc. L.R.A.1915C, 351. 
 Eight to cross land with poles and 
 wires. L.E.A.1915C, 351. 
 Application of rules to easements in waters 
 and water courses. L.R.A. 19150, 
 351. 
 Artificial water courses and conduits. 
 
 L.R.A.1915C, 331. 
 Race way. L.R.A.1915C, 352. 
 Application of rules to easement of drain- 
 age. L.R.A.1915C, 353. 
 Consult also L.R.A. Digests to date. 
 
 EASEMENTS, IV. i—oonfd. 
 Application of rules to easements of sup- 
 port of land and buildings. L.R.A. 
 1915C, 353. 
 
 Buildings. L.R.A.1915C, 353. 
 
 Encroachments. L.R.A.1915C, 353. 
 Application of rules to easements of light 
 
 and air. L.E.A.1915C, 354. 
 Use of building. L.E.A.1915C, 355. 
 Miscellaneous. L.R.A. 19150, 355. 
 
 § 13. Easements of liglit, air, and 
 prospect. 
 
 Creation of easements of light and air by 
 severance of tract of land with appar- 
 ent benefit existing. L.R.A.1915C, 354. 
 
 § 14. Way of necessity. 
 
 Use of way by necessity as affecting cre- 
 ation of easement by prescription. 44 
 L.R.A.(N.S.) 101. 
 
 T. Transfer of; duration. 
 
 § 16. Transfer of. 
 
 Right of remote grantee to claim easement 
 by way of necessity not opened by im- 
 mediate grantee. 46 L.E.A.(N.S.) 156. 
 
 § 17. Duration. 
 
 Duration of right created by provision as 
 to crossing in deed to railroad right 
 of way. 48 L.R.A. (N.S.) 380. 
 
 Existing ways. 48 L.R.A. (N.S.) 381. 
 
 New ways. 48 L.R.A. (N.S.) 382. 
 
 VI. Interference with; change of. 
 
 § 18. Generally. 
 
 Change in exercising right to take water 
 from another's premises. 43 L.R.A. 
 (N.S.) 824. 
 Right to maintain gates or bar across right 
 of way. 48 L.R.A. (N.S.) 87. 
 When way is acquired by grant. 48 
 L.R.A.(N.S.) 87. 
 Eight affirmed. 48 L.R.A. (N.S.) 
 
 87. 
 Right denied. 48 L.R.A. (N.S.) 90. 
 When way is acquired by prescription. 
 48 L.R.A.(N.S.) 91. 
 
 VII. Extent of right; maintenance of 
 easement; retnedies. 
 
 § 22. Extent of right. 
 
 Extent of right conferred by grant or res- 
 ervation in conveyance of lot of right 
 to use lane or alley. 3 B. R. 0. 533. 
 
 Right to maintain gates or bars across 
 right of way. 48 L.R.A. (N.S.) 87. 
 
 Enlarging use of crossing provided for in 
 deed to railroad of right of way. 48 
 L.R.A.(N.S.) 391. 
 
 g 24. Remedies. 
 
 Remedies for failure to comply with provi- 
 sion as to crossing in deed to railroad 
 of right of way. 48 L.R.A. (N.S.) 387. 
 
202 
 
 EASEMENTS— cont'd. 
 
 INDEX TO NOTES. 
 
 VIII. Loss; abandonme/nt ; extinguish- 
 ment. 
 
 § 25. Generally. 
 
 Tax sale as cutting off easement. L.R.A. 
 1915D, 1115. 
 
 Effect of destruction of building to termi- 
 nate adjoining owner's easement of sup- 
 port. 46 L.R.A.(N.S.) 1021. - 
 
 Estoppel to assert easement by deceiving 
 one acquiring title. 48 L.E.A. (N.S.) 
 765. 
 
 Kight to maintain gates or bars across right 
 of way. 48 L.R.A.(N.S.) 87. 
 
 § 28. Abandonment. ' 
 
 Abandonment of crossing created by provi- 
 sion in deed to railroad of right of way 
 by severance of ownership. 48 L.R.A. 
 (N.S.) 386. 
 
 EATING PLACES. 
 
 See also Boarding House; Innkeepbes; 
 
 RESTAXJRA.NTS. 
 
 Serving liquor with meals as a sale thereof. 
 
 52 L.R.A.(N.S.) 722. 
 Liability for serving unfit food. L.R.A. 
 
 1915B, 481. 
 
 EAVES. 
 
 Extension of, beyond line as violation of 
 building restriction. 52 L.R.A.(N.8.) 
 1051. 
 
 EDUCATIONAL INSTITUTIONS— cojifeJ. 
 
 Power to exercise eminent domain for pur- 
 pose of. 48 L.R.A.(N.S.) 485. 
 
 Liability of property of, to assessments for 
 local improvements. 44 L.R.A. ( N.S. ) 
 57. 
 
 EGGS. 
 
 Constitutionality of statute requiring an- 
 nouncement that eggs are imported. 
 L.R.A.1916E, 1186. 
 
 EAVES DRIP. 
 
 Right to discharge water from roof upon 
 premises of adjoining owner. L.R.A. 
 1916A, 693. 
 
 ECCENTRICITIES. 
 
 As affecting testamentary capacity. L.R.A. 
 1915A, 458. 
 
 EDUCATION. 
 
 Charitable bequest for, see Charities. 
 As to flchools generally, see Sohools. 
 
 EDUCATIONAL INSTITUTIONS. 
 
 EIGHT-HOUR LAW^. 
 
 Hours of labor by employees, see Masteb 
 AND Servant, II. h. 
 
 EJECTION. 
 
 Of passenger, see Carriers, §§ 30-35. 
 
 Liability of master other than carrier for 
 wrongful acts of servant in ejecting 
 person from premises. 47 L.R.A. (N.S.> 
 959. 
 
 EJECTMENT. 
 
 § 4. Who may maintain. 
 
 § 5. — vhat title or interest vpill sup- 
 port. 
 
 SuflBciency of possessory title. 46 L.R.A. 
 
 (N.S.) 487, 508. 
 Equitable estoppel as basis for action of 
 
 ejectment. 49 L.R.A. (N.S.) 777. 
 § 7. Defenses. 
 Availability of equitable estoppel as defense. 
 
 49L.R.A.(N.S.) 777. 
 
 § 11. Relief granted. 
 
 Extent of recovery in ejectment by tenants 
 in common against stranger. 51 L.R.A. 
 (N.S.) 50. 
 
 ELECTION. 
 
 Of remedies, see Election op Remedies. 
 Between counts, see Trial, § 10. 
 To take under or against will, see Wills, § 
 110. 
 
 Taxation of, see Taxes, §§ 24-26. 
 See also Colleges; Schools. 
 
 Begin with this Ttoolc on every law question. 
 
 ELECTION OF REMEDIES. 
 
 I. In general, § 1. 
 II. Choice, §§ 2-13. 
 
 a. In general, §§ 2—11. 
 h. Exclusiveness of statutory 
 remedy, § 12. 
 III. Effect; pursuing two remedies, §§ 
 13-15. 
 
IKDEX TO NOTES. 
 
 203 
 
 ELECTION OF REMEDIES— co»tU 
 /. In general. 
 
 § 1. Generally, 
 
 Right to join defendants, see Pabties, § 36. 
 Election to take by will, see Wills, V. 1. 
 
 II. Choice, 
 a. In general. 
 
 § 7. Of servant. 
 
 Effect on common law action of workmen's 
 compensation acts. L.R.A.1916A, 72. 
 
 § 8. — Of discharged servant. 
 
 See Master and Servant, § 42. 
 
 § 11. Miscellaneous. 
 
 Against one purchasing goods with knowl- 
 edge that he cannot pay for them. 44 
 L.R.A.(N.S.) 25. 
 
 Right to elect sue for all the damages 
 caused by a continuing nuisance in one 
 action or to bring successive actions. 
 L.R.A.1916E, 1068. 
 
 ft. Exclusiveness of statutory remedy. 
 
 § 12. Generally. 
 
 Is shipper's common-law right of action for 
 discrimination by carriers taken away 
 by statute on the subject. 45 L.R.A. 
 (N.S.) 612. 
 
 Exclusiveness of remedy furnished by work- 
 men's compensation acts. L.R.A.1916A, 
 223. 
 
 ///. Effect; pursuing two remedies. 
 
 § 13. Generally. 
 
 Estoppel by judgment, see Judgment, III. 
 
 Effect of election between tort and contract 
 to determine character of action. 50 
 L.R.A.(N.S.) 31. 
 
 Provisions, in lease accelerating maturity 
 of future rents and giving lessor right 
 to take possession upon default in pay- 
 ment of rentals or upon insolvency of 
 lessee, as alternative or concurrent. 
 L.R.A.1916B, 1101. 
 
 § 14. Conclnsiveness of election. 
 
 By parent for enticing or harboring of 
 minor child. 45 L.R.A. (N.S.) 874. 
 
 Effect of bringing action at common law to 
 bar action under Federal employers' lia- 
 bility act. 47 L.R.A. (N.S.) 78. 
 
 Election of remedy against one purchasing 
 goods with knowledge that he cannot 
 pay for them. 44 L.R.A.(N.S.) 25. 
 
 Bringing an action for the purchase price 
 as a waiver by the vendor of the title 
 and remedy clauses in a conditional 
 sale contract. L.R.A.1916A, 925. 
 
 Waiver of lien of chattel mortgage by at- 
 tachment or execution. 51 L.R.A. 
 (N.S.) 1068. 
 Consult also L.R.A. Digests to date. 
 
 ELECTION OF REMEDIES, 111.— cont'd. 
 
 Suit upon agreement for stipulated dam- 
 ages as bar to remedy by injunction to 
 restrain the violation of agreement not 
 to practise medicine or surgery within 
 a certain territory. L.R.A.1915B, 210. 
 
 ELECTIONS. 
 
 1-8. 
 
 I. Voters; right to vote, 
 II. Elections, §§ 9—34:. 
 
 a. In general, §§ 9—18. 
 ft. Ballots; voting machines, §§ 
 19-23. 
 
 III. Nominations; primary elections, 
 
 §§ 25, 20. 
 
 IV. Contests, §§ 27, 28. 
 
 As to initiative, referendum, or recall, see 
 
 INITLATIYE, REFEBENDtTM, AND RECAIi. 
 
 /. Voters; right to vote. 
 § 2. Qualifications of voters general- 
 
 ly. 
 
 Constitutionality of statute prescribing 
 property qualification on right to vote 
 on establishment of drainage district. 
 44 L.R.A.(N.S.) 539. 
 
 § 3. Sight of vroiaeiL to vote. 
 
 Right of women to vote. L.R.A.1915B, 247. 
 
 II. Elections, 
 a. In general, 
 
 § 9. Generally. 
 
 Mandamus as to, see Mandamus, § 11. 
 By school district, see Schools, § 26. 
 
 Validity of agreements tending to influence 
 
 elections. 51 L.R.A. (N.S.) 549. 
 Constitutionality of statute requiring voter 
 
 to vote for all officers. L.R.A.1915B, 
 
 402. 
 Election of presidential electors. 43 L.R.A. 
 
 (N.S.) 284. 
 
 §13. Time for. 
 
 Power to extend term of office by postpon- 
 ing time of election. L.R.A.1915C, 378. 
 
 § 14. Federal control of. 
 
 Election of presidential electors. 43 L.R.A. 
 (N.S.) 284. 
 
 § 16. Decision of tie vote. 
 
 Tie vote at local option election. 49 L.R.A. 
 (N.S.) 1204. 
 
 g 18. Canvassing; deciding results. 
 
 Constitutionality of preferential system of 
 
 voting. L.R.A.1910B, 939. 
 Are rejected ballots to be counted in de- 
 termining total vote east. 45 
 L.R.A.(K.S.) 714. 
 Blank ballots. 45 L.R.A. (N.S.) 718. 
 
204 
 
 INDEX TO NOTES. 
 
 ELECTIONS, II.— cont'd. 
 
 b. Ballots; voting machines. 
 
 § 19. Generally. 
 
 Constitutionality of statute providing for 
 election by separate ballot. 44 L.R.A. 
 (N.S.) 712. 
 
 S 19a. Names on. 
 
 Constitutionality of provision limiting 
 names of candidates on official ballot. 
 L.R.A.1915A, 1190. 
 
 ///. Nominations ; primary elections. 
 
 % 25. Generally. 
 
 Validity of fee exacted for filing nomina- 
 tions. L.R.A.1915B, 197. 
 
 Nomination of presidential electors. 43 
 L.R.A.(N.S.) 287. 
 
 Refusal to have one's name placed on pri- 
 mary ballot. L.R.A.1916E, 709. 
 
 IV. Contests. 
 
 S 27. Generally. 
 
 Right of candidate receiving next highest 
 number of votes where person receiving 
 highest number died before election. 51 
 L.R.A. (N.S.) 226. 
 
 ELECTRIC COMPANIES. 
 
 See Electricity, II.; Electric Railways. 
 
 ELECTRICITY. 
 
 T. In general, §§ 1—6. 
 II. Electric com,panies, §§ 7—9. 
 III. Injuries resulting -from, §§ 10—18. 
 a. Negligence of party causing, 
 SS 10-17. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Electric lights, see Electric Lights. 
 Electric railways, generally, see Electric 
 
 Railways. 
 Use of street for electric conduits, poles 
 ■ , and wires-, see Highways, §§ 21-25. 
 
 Mistake in statement of amount of elec- 
 tricity furnished as affecting the right 
 to recover for a larger amount actual- 
 ly furnished. L.R.A.1915B, 711. 
 
 Liability to abutting owner for mutilating 
 trees in highway by erecting poles or 
 stringing wires. 51 L.R.A.(N.S.) 1082. 
 
 § 2. Eminent domain proceedings. 
 
 Poles as additional burden in highway, see 
 Eminent Domain, § 56, 
 
 Begin with this hooTc on every law question 
 
 ELECTRICITY, I.— cont'd. 
 § 4. Liability for damages from 
 maintenance. 
 
 Liability to abutting owner for mutilating 
 trees in highway by stringing wires or 
 erecting poles. 51 L.R.A. (N.S.) 1082. 
 
 //. Electric companies. 
 
 § 7. Generally. 
 
 Valuation of property of, see Pttblic Serv- 
 ice Cobporations, § 5. 
 Electric railroad, see Electric Railways. 
 
 Right of electrical company to impose pen- 
 alty for failure to pay service bills 
 promptly. 43 L.R.A. (N.S.) 63. 
 
 Duty to adapt electrical appliances and con- 
 nections to the system which supplies 
 the current. 46 L.R.A. (N.S.) 437. 
 
 Right of electric supply company, in ab- 
 sence of contract, to discontinue service 
 generally. 46 L.R.A. (N.S.) 1119. 
 
 Liability of electric power or light company 
 for cutting off, or failure of, electric 
 current. L.R.A.1916D, 451. 
 
 § 8. Regulation and control. 
 
 As to regulation of carriers, see Caeriees, V. 
 As to regulation of public service corpora- 
 tions generally, see Public Service 
 
 CORPOEATIONS. 
 
 § 9. Franchises. 
 
 Treatment of franchises in valuation of 
 property of. 48 L.R.A. (N.S.) 1063. 
 
 ///. Injuries resulting from. 
 a. Negligence of party causing. 
 
 § lO. Generally. 
 
 Duty in stringing electric wires to guard 
 against danger to children. 43 L.R.A. 
 (N.S.) 137. 
 
 Liability for death or injury of one other 
 than employee, who climbs poles bear- 
 ing electric wires. 52 L.R.A. (N.S.) 
 1170. 
 
 Liability of physician for injuries resulting 
 from electrical or X-ray treatment. 43 
 L.R.A. (N.S.) 734. 
 
 § 10a. Duty to prevent contact of 
 wires carrying electric current. 
 
 General rules. 52 L.R.A.(N.S.) 587. 
 Degree of care. 52 L.R.A. (N.S.) 588. 
 
 Owed by telephone company. 52 L.R.A. 
 (N.S.) 589. 
 Wires in highway. 52 L.R.A. (N.S.) 590. 
 Duty of municipality. 52 L.R.A. (N.S.) 
 590. 
 As to wires of others. 52 L.R.A. 
 
 (N.S.) 590. 
 As to own wires'. 52 L.R.A. (N.S.) 
 590. 
 Duty of electric companies. 52 L.R.A. 
 (N.S.) 591. 
 To prevent crossing. 52 L.R.A. 
 (N.S.) 591. 
 Of own wires. 52 L.R.A. 
 (N.S.) 591. 
 
INDEX TO NOTES. 
 
 20S 
 
 ELECTEICITY, III. a— cont'd. 
 
 With wires of others. 52 
 L.E.A.(N.S.) 592. 
 Duty to inspect. 52 L.R.A.{N.S.) 
 
 595. 
 Duty to insulate. 52 L.E.A.(N.S.) 
 
 595. 
 Duty to maintain guards. 52 
 L.R.A.{N.S.) 595. 
 To prevent contact with trol- 
 ley wire. 52L.R.A.(N.S.) 
 596. 
 As affected by act of third person. 
 
 52 L.R.A.(N.S.> 597. 
 As affected by storms. 52 L.R.A. 
 
 (N.S.) 599. 
 As affected by permission to string 
 wires. 52 L.R.A. (X.S.) 600. 
 Wires over private premises. 52 L.R.A. 
 
 (N.S.) 600. 
 Duty to linemen and other employees. 52 
 
 L.E.A.(N.S.) 600. 
 jToint liability. 52 L.R.A. (N.S.) 603. 
 Persons entitled to protection. 52 L.R.A. 
 (N.S.) 604. 
 Trespassers. 52 L.R.A. (N.S.) 605. 
 Notice. 52 L.E.A.(N.S.) 605. 
 
 Necessity for. 32 L.R.A. (N.S.) 605. 
 To whom given. 52 L.R.A. (N.S.) 606. 
 Constructive notice. 52 L.R.A. (N.S.) 
 606. 
 Questions for jury. 52 L.R.A. (N.S.) 606. 
 
 § 11. On private property. 
 
 Duty to prevent contact of wires carrying 
 electric current. 52 L.R.A. (N.S.) 600. 
 Liability of electric light company for es- 
 cape of electricity from unauthorized 
 wiring. 4 B. R. C. 498. 
 Duty of electric company with respect to 
 wiring or fixtures installed in 
 private property. L.R.A.1915C, 
 570. 
 Duty to inspect. L.R.A.1915C, 572. 
 Precautions against excessive voltage. 
 L.R.A.1915C, 573. 
 
 § 13. Iiiability of mnnicipality. 
 
 Duty of municipality to prevent contact of 
 wires carrying electric current in high- 
 way. 52 L.R.A. (N.S.) 590. 
 
 § 15. Liability to employee. 
 
 See Master and Sebvant, § 86. 
 
 § 16. Liability to passenger. 
 
 Presumption of negligence from injury to 
 passenger from escaping electricity. 
 L.R.A.1916C, 376. s 
 
 § 16a. Liability to licensee or em- 
 ployee of third person. 
 
 Liability for injury of employees of an- 
 other company while on defendant's 
 poles, or poles used jointly. 45 
 L.R.A.(N.S.) 303. 
 Duty to employees where different com- 
 panies use the same pole. 45 
 L.R.A. (N.S.) 304. 
 
 § 17. In highway. 
 
 Duty to prevent contact of wires carrying 
 electric current. 52 L.R.A. (N.S.) 600. 
 Consult also L.R.A. Digests to date. 
 
 ELECTRIC LIGHTS. 
 
 § 1. Generally. 
 
 Valuation of property of electric light com- 
 pany, see Public Sekvicb Cokpora- 
 TIONS, § 5. 
 
 Electric light line in street or highway, as 
 an additional burden. 52 L.R.A. (N.S.) 
 760. 
 
 Duty of electric light company as to wiring 
 or fixtures installed in private prop- 
 erty. L.R.A.1915C, 570. 
 
 § 2. Bights, duties, and liabilities of 
 mnnicipality. 
 
 Liability of electric light company for cut- 
 ting off, or failure of, electric current. 
 L.R.A.1916D, 451. 
 
 § 3. Rates. 
 
 Valuation of property for purpose of fixing- 
 rates, see Ptjblic Service Corpoea- 
 IIONS, § 5. 
 
 Right to discriminate between consumers as- 
 to rates. L.R.A.1915D, 1086. 
 
 Power of municipality, apart from contract, 
 to regulate rates to be charged by light 
 company. 43 L.R.A. (N.S.) 994. 
 
 Effect of contract with patron to preclude 
 regulation of rates. L.R.A.1915C, 282. 
 
 Right to reduce rates fixed by franchise or 
 charter. L.R.A.1915C, 261. 
 
 ELECTRIC POAVEB. 
 
 Electric power line in street or highway as 
 an additional burden. 52 L.R.A. (N.S.) 
 760. 
 
 Liability of electric power conipany for 
 cutting of, or failure of, electric cur- 
 rent. L.R.A.1916D, 451. 
 
 ELECTBIC BAILWAYS. 
 
 See also Carriers; Intertjeban Railroads; 
 Street Eailwats. 
 
 Right of railroad company to compen- 
 sation for the crossing of its track, 
 where it intersects a street or highway, 
 by an electric road. L.R.A. 1915D, 843. 
 
 ELECTBIC WIBES. 
 
 See Electricity. 
 
 ♦ «» 
 
 ELEEMOSYNARY INSTITUTIOIf^ 
 
 See Charities. 
 
206 
 
 INDEX TO NOTES. 
 
 ELEMENTS. 
 
 Proximate cause of death, loss, or injury 
 by, see Peoximate Cause, II. 
 
 ELEVATED RAILROADS. 
 
 § 1. Generally. 
 
 As to street railways, generally, see Street 
 Railways. 
 
 § 3. Injnry to passenger on. 
 
 Injury by crush in entering ear at elevated 
 station. 51 L.R.A.(N.S.) 1152. 
 
 ELEVATORS. 
 
 /. drain elevators, § 1. , 
 
 II. Freight and passenger elevators, 
 3-8. 
 
 I. Grain elevators. 
 
 § 1. Generally. 
 
 Liability of grain to taxation while in ele- 
 vator in course of interstate transporta- 
 tion. 44 L.E.A.(N.S.) 586. 
 
 Elevators and their sites on railroad right 
 of way as separate subjects of taxation. 
 L.R.A.1916E, 413. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of grain elevator 
 business as affected by its territorial 
 scope. L.R.A.1916C, 631. 
 
 II.. Freight and passenger elevators. 
 
 g 2. Generally. 
 
 JLandlord's liability for injury to employee 
 
 of tenant falling into elevator shaft. 
 
 L.R.A.191€r, 1147. 
 Private action for violation of statute as to 
 
 guarding elevattrs and their shafts. 
 
 1.R.A.1915E, 541. 
 
 § 3. Injnry to passengers. 
 
 liia;bility for injury to elevator passenger. 
 L.R.A.1915E, 722. 
 Is one maintaining elevator subject to 
 rules governing liability of com- 
 mon carrier. L.R.A.1915E, 723. 
 Presumption of negligence from hap- 
 pening of accident. L.R.A.1915E, 
 724. 
 Construction and inspection of pas- 
 senger elevator. L.R.A.1915E, 726. 
 Care in operation and selection of 
 
 operatives. L.R.A.1915E, 726. 
 Injuries by negligence in operation of 
 passenger elevator. L.R.A. 
 1915E, 728. 
 When entering car. L.R.A.1915E, 
 
 730. 
 When leaving car. L.R.A.1915E, 
 
 730. 
 Stepping into shaft. L.R.A.1915E, 
 731. 
 In general. L.R.A.1915E, 731. 
 
 ELEVATORS, II.— cont'd. 
 
 Contributory negligence. 
 
 L.R.A.1915E, 731. 
 Struck by descending car. L.R.A. 
 1915E, 732. 
 Freight elevators. L.R.A.1915E, 732. 
 Rightful use of. L.R.A.1915E, 732. 
 Putting to use not intended. 
 L.R.A.1915E, 732. 
 Presumption of negligence from injury to 
 passengers. L.R.A.1916C, 378. 
 
 § 5. Injnry to tenant or member of 
 his family or gnest at inn. 
 
 Liability of innlceeper for injury to guest 
 by negligence as to. 43 L.R.A. (N.S.) 
 659, 661. 
 
 Liability of landlord for personal injury by 
 defect in, to member of lessee's family 
 other than wife. L.R.A.1916r, 1161. 
 
 § 6. Injury to cnstomer at store. 
 
 Duty of storekeeper toward customer as to 
 condition of. L.R.A.1915F, 572. 
 
 § 7. Injnry to employees. 
 
 Landlord's liability for injury to servant 
 of tenant. L.BCA.1916P, 1146, 1147. 
 
 § 8. Contributory negligence. 
 
 In stepping -into elevator shaft. L.R.A. 
 1915E, 731. 
 
 ELIXIR OF ORANGE MINT. 
 
 Judicial notice of intoxicating ^character of. 
 48 L.R.A.(N.S.) 316. 
 
 EMANCIPATION. 
 
 Of infants, see Infants, § 15. 
 
 EMBANKMENT. 
 
 Obstruction of stream by, see Watebs, II. f. 
 
 EMBARGO. 
 
 Liability of insurer under policy of marine 
 insurance for loss occasioned by em- 
 bargo^ S B. R. C. 33. 
 
 EMBEZZLEMENT. 
 
 Segin with this iooTe on every law question. 
 
 § 1. Generally. 
 
 Validity and enforceability of contract to 
 compensate the owner of property 
 embezzled in absence of duress or 
 agreement, express or implied, to stifle 
 prosecution. L.R.A.1915E, 139. 
 
 Existence of a trust in property embezzled. 
 L.R.A.1915B, 442. 
 
INDEX TO NOTES. 
 
 207 
 
 EMBEZZLEMENT— coni'd. 
 
 Evidence of other crimes in prosecution for. 
 
 43 L.E.A.(N.S.) 774. 
 Cruel and unusual punishment for. L.R.A. 
 
 19150, 570. 
 
 Intent, or offer to return or actual return 
 
 of property as affecting charge of 
 
 embezzlement. 52 L.R.A. (N.S.) 
 
 1013. 
 
 Intent to return. 52 L.R.A. (N.S.) 
 
 1018. 
 Offer or agreement to return. 52 L.R.A. 
 
 (N.S.) 1023. 
 Actual return. 52 L.R.A. (N.S.) 1028. 
 
 § 2. By agent. 
 
 Failure of foreign corporation to comply 
 with conditions of doing business in 
 the state as defense of action by it 
 against officer or agent for embezzle- 
 ment. L.R.A.1916A, 650. 
 
 § 3. By bailee. 
 
 Of property while in possession of bailee, 
 presumption and burden of proof as to 
 negligence. 43 L.R.A. (N.S.) 1190. 
 
 EMBLEMENTS. 
 
 See Ceops. 
 
 EMERGENCY. 
 
 % 1. Generally. 
 
 Emergency which will authorize an extra 
 tax. 52 L.R.A.(N.S.) 676. 
 
 Pleading and proof as to emergency justi- 
 fying violation of hours of service 
 laws. L.R.A.1915D; 422. 
 
 Sudden stopping of train in an emergency 
 as negligence toward passenger. L.R.A. 
 1915D, 368. 
 
 Contributory negligence at railroad cross- 
 ing of driver of automobile required to 
 act in emergency. 46 L.R.A. (N.S.) 
 708. 
 
 ^ 3. Act of passenger in. 
 
 Negligence in alighting from moving train 
 to avoid impending danger. L.R.A. 
 19150, 186. 
 
 § 4. Act of person in street in case 
 of. 
 
 As excuse for contributory negligence of 
 
 person injured by defect in street. 48 
 
 L.R.A. (N.S.) 628. 
 Duty of pedestrian injured by automobile in 
 
 case of emergency. 51 L.R.A. (N.S.) 
 
 1005. 
 
 § 5. Medical espensbs in case of. 
 
 Power of corporate agents to defray medi- 
 cal expenses of injured employees in 
 case of. L.R.A.19150, 809. 
 Consult also L.Tl.A. Digests to date. 
 
 EMINENT DOMAIN. 
 
 I. In general. § 1. 
 II. Bight to talce property, §§ S—36. 
 h. Who may exercise, § 5. 
 
 c. What may be talcen, §§ 0—8. 
 
 d. For what purpose, §§ 9—33. 
 
 e. Rights and title acquired, §§ 
 
 34-36. 
 
 III. Procedure, §§ 37—35. 
 
 IV. Rights and remedies of owners 
 
 and others, §§ 36—53. 
 a. In general, §§ 86— iO. 
 6. What constitutes a talcing of, 
 or injury to property, §§ 4:1— 
 44. 
 o. Right to compensation, §§ 45— 
 S3. 
 1. In general, § 45. 
 3. For what property or in- 
 jury, §§ 47-53. 
 V. Additional iurdens, §§ 54—57. 
 
 /. In general. 
 
 § 1. Generally. 
 
 Measure of damages in, see Damages, III. q. 
 Evidence on question of damages, see Evi- 
 dence. 
 
 Effect of condemnation of property of pub- 
 lic corporation exempt from taxation 
 on taxes accruing between date of 
 initiation of proceedings and their 
 completion. L.R.A.1915C, 132. 
 
 //. Right to talce property. 
 
 h. Who may exercise. 
 
 § 5. Generally. 
 
 Right of de facto corporation to exercise 
 power of eminent domain. 50 L.R.A. 
 
 (N.S.) 236. 
 Right of. private educational corporation to 
 
 exercise power of eminent domain. 48 
 
 L.R.A.(N.S.) 491. 
 
 c. What may be talcen. 
 
 § 6. Generally. 
 
 What property may be taken for school 
 
 purposes. 48 L.R.A. (N.S.) 488. 
 Taking school lands for other public uses. 
 
 48 L.R.A. (N.S.) 489. 
 Scope and effect of constitutional or statu- 
 tory provision exempting property 
 from eminent domain proceedings. 
 L.R.A.1916A, 1097. 
 As affected by purpose to avoid con- 
 demnation. L.R.A.1916A, 1097. 
 Acts in anticipation of condem- 
 nation proceedings. L.R.A. 
 1916A, 1098. 
 Buildings. L.R.A.1916A, 1099. 
 "Fixtures and erections" for trade, etc. 
 
 L.R.A.1916A, 1099. 
 "Yards or inclosures." L.R.A.1916A, 
 
 1100. 
 Dwelling houses. L.R.A.1916A, 1100. 
 Particular statutes. L.R.A. 1916A, 
 
 1101. 
 Outhouse. L.R.A.1916A, 1102. 
 
208 
 
 INDEX 'XO NOTES. 
 
 EMINENT DOMAIN, II. c— cont'd. 
 Curtilage. L.R.A.1916A, 1102. 
 Orchards and gardens. L.E,.A.1916A, 
 1103. 
 Meaning of "orchard" within 
 statute. L.II.A.1916A, 1104. 
 Cemeteries. L.E.A.1916A, 1104. 
 Other exemptions. L.R.A.1916A, 1106. 
 Miscellaneous. L.R.A.1916A, 1106. 
 
 § 7. Property already devoted to pub- 
 lic or quasi public use. 
 
 Taking for school purposes lands already 
 devoted to other public use. 48 L.R.A. 
 (N.S.) 489. 
 
 d. For what purpose. 
 
 g 9. Generally. 
 
 Taking property of one person to compen- 
 sate another for property taken for a 
 public purpose. 46 L.R.A.(N.S.) 319. 
 Eight to exercise power as affected by fact 
 that principal benefit will be de- 
 rived out of the state. 46 L.R.A. 
 (N.S.) 1073. 
 No benefit within state. 46 L.R.A. 
 
 (N.S.) 1074.. 
 Part of benefit within the state. 46 
 
 L.R.A.(N.S.) 1075. 
 Power to exercise for purposes of school. 
 
 48 L.R.A.(N.S.) 485. 
 Public schools. 48 L.R.A. (N.S.) 486. 
 Playgrounds. 48 L.R.A. (N.S.) 
 
 487. 
 Observance of statutory require- 
 ments. 48 L.R.A.(N.S.) 488. 
 Compensation. 48 L.R.A. (N.S.) 
 
 488. 
 What property may be taken. 48 
 
 L.R.A. (N.S.) 488. 
 Clash of public uses. 48 L.R.A. 
 (N.S.) 489. 
 Private educational corporations. 48 
 L.R.A.(N.S.) 491. 
 
 § 10. Combination of public and pri- 
 vate uses. 
 
 Constitutionality of statute authorizing the 
 , taking of more property than is in- 
 tended to be used for tlie public pur- 
 pose. 46 L.R.A.(N.S.) 1196. 
 
 § 23. Miscellaneous purposes. 
 
 Eight of private educational corporation to 
 exercise power of eminent domain. 48 
 L.R.A.(N.S.) 491. 
 
 Exercise of power of eminent domain for 
 purpose of acquiring fishery right, 
 oyster beds, etc. L.R.A.1915E, 443. 
 
 e. Rights and title acquired. 
 
 § 24. Generally. 
 
 Eight of railroad company to material or 
 
 . mineral within right of way. 45 
 
 L.R.A.(N.S.) 796. 
 
 Right to use material on other parts 
 
 of the road. 45 L.R.A.(N.S.) 797. 
 
 Right to sell. 45 L.R.A. (N.S.) 798. 
 
 Herbage. 45 L.R.A. (N.S.) 798. 
 
 Begin tvith this ioolc on every law question. 
 
 EMINENT DOMAIN, II. e— cont'd. 
 Ice. 45 L.R.A.(N.S.) 799. 
 Sand. 45 L.R.A. (N.S.) 799. 
 Soil. 45 L.R.A. (N.S.) 800. 
 Stone. 45 L.R.A. (N.S.) 800. 
 Timber. 45 L.R.A. (N.S.) 801. 
 Mineral. 45 L.R.A. (N.S) 801. 
 
 Coal. 45 L.R.A.(N.S.) 802. 
 
 Gas. 45 L.R.A.(N.S.) 803. 
 
 Oil. 45 L.R.A.(N.S.) 803. 
 
 Water. 45 L.R.A. (N.S.) 804. 
 
 Under English statutes. 45 L.R.Ao 
 (N.S.) 804. 
 
 III. Procedure. 
 
 § 30. Discontinuance of proceedings. 
 
 What damage or loss is within provision 
 for payment of damages upon discon- 
 tinuance of proceedings in eminent do- 
 main. 52 L.R.A.(N.S.) 262. 
 Right to dismiss condemnation proceedings- 
 after confirmation of award or 
 after judgment. L.R.A.1916C, 644. 
 Where statutes condition title or right 
 J of possession upon payment of 
 
 award. L.R.A.1916C, 645. 
 Where statute expressly regulates time- 
 for dismissal. L.R.A.1916C', 646. 
 Where statutes provide for payment, 
 within specified time. L.R.A_ 
 1916C, 648. 
 Right upon appeal. L.R.A.1916C, 648. 
 Effect of judgment nisi, irregular judg- 
 ment or confirmation of part ot' 
 award. L.R.A.1916C, 650. 
 Miscellaneous. L.R.A.1916C, 651. 
 
 § 31. Trial; award. 
 
 Interest which will disqualify one to serve- 
 as commissioner or juror in emi- 
 nent domain proceedings. 47 
 L.R.A.(N.S.) 151. 
 
 Preliminary statement. 47 L.R.A_ 
 
 (N.S.) 152. 
 
 General principles. 47 L.R.A. (N.S.) 
 152. 
 
 Bias and prejudice in general. 4T 
 L.R.A. (N.S.) 154. 
 
 Formation or expression of opinion. 47" 
 L.E.A.(N.S.) 156. 
 
 Prior service in regard to same or sim- 
 ilar subject-matter. 47 L.E.A.. 
 (N.S.) 158. 
 
 Other claimants or creditors of party 
 liable for damages. 47 L.E.A. 
 (N.S.) 160. 
 
 Residents and taxpayers. 47 L.R.A, 
 (N.S.) 160. 
 
 Ownership of land affected by the pro- 
 ceedings. 47 L.R.A.(N.S.) 164. 
 
 Trustees. 47 L.R.A.(N.S.) 166. 
 
 City officers. 47 L.R.A. (N.S.) 166. 
 
 Petitioners. 47 L.R.A. (N.S.) 167. 
 
 Employees. 47 L.R.A. (N.S.) 168. 
 
 Employment as attorney in other" 
 proceedings. 47 L.R.A. (N.S.) 
 169. ■ 
 
 Stockholders. 47 L.R.A.(N.S.) 169. 
 
 Contributors to railroad aid fund. 47." 
 L.R.A.(N.S.) 170. 
 
INDEX TO XOTEE. 
 
 209 
 
 EMINENT DOMAIN, III.— cont'd. 
 
 Relationship. 47 L.E.A.(N.S.) 170. 
 To landowners. 47 L.K.A.( N.S.I 
 
 171. 
 To petitioner or applicant. 47 
 L.R.A.(N.S.) 171. 
 Miscellaneous. 47 L.R.A.(N.S.) 172. 
 Right to interest on award. L.R.A.1916CI, 
 
 1109. 
 Distribution of award in condemnation of 
 land subject to an assessment for pub- 
 lic improvements. 45 L.R.A.(N.S.) 
 451. 
 
 XV. Bights and remedies of oivners and 
 others. 
 
 a. In general. 
 
 § 36. Generally. 
 
 Rights on vacation of highway, see High- 
 ways, § 111. 
 
 6. 
 
 Wliat cotistitutes a talcing of, or in- 
 jury to property. 
 
 § 41. Generally. 
 
 Right to compensation for property taken 
 or damaged, see infra, IV. c. 
 
 Distinction between taking or damaging 
 property and consequential injuries. 
 47 L.R.A.(N.8.) 462. 
 
 Casting water upon opposite bank by rais- 
 ing bank of a stream, as a taking or 
 damaging of property within consti- 
 tutional provisions. 48 L.R.A. (N.S.) 
 994. 
 
 Requiring connection or joint use of prop- 
 erties of public service corporation as a 
 taking for which compensation must 
 be made. 50 L.R.A. (N.S.) 652; L.R.A. 
 1916E, 759. 
 
 § 44. Matters as to highirays. 
 
 Liability of municipal corporation for in- 
 jury to abutting property by changing 
 the grade of street under a constitu- 
 tional provision against "damag- 
 ing" private property for public use 
 without compensation. L.R.A.1915A, 
 383. 
 
 c. Right to compensation. 
 1. In general. 
 
 § 45. Generally. 
 
 What constitutes a taking or damaging for 
 which compensation must be made, see 
 supra, IV. b. 
 
 Additional burden for which compensation 
 must be made, see infra, V. 
 
 Extent of recovery, see Damages, III. q. 
 
 Claim for compensation for property taken 
 or damaged as within statute or or- 
 dinance requiring notice or presenta- 
 tion ' as a condition of municipal lia- 
 bility. 50 L.R.A.(N.S.) 181. 
 Right to compensation for property taken 
 or damaged in construction of 
 levees. L.R.A.1916F, 1187. 
 Louisiana rule. L.R.A.1910F, 1190. 
 Consult also L.R.A. Dif/ests to date. 
 
 43— '16F. 14 
 
 EMINENT DOMAIN, IV. e— cont'd. 
 3. For wJiat property or injury. 
 
 § 47. Generally. 
 
 l!)istinction between taking or damaging 
 property, and consequential injuries. 
 47 L.R.A. (N.S.) 462. 
 
 Property for which compensation must be 
 made to public utility company upon 
 taking its plant. 47 L.R.A. (N.S.) 770. 
 
 Eight to compensation for interference with 
 switcli connections or other shipping 
 facilities. 52 L.R.A. (N.S.) 192. 
 
 Liability of miiniclpal corporation for In- 
 jury to abutting property by changing 
 the grade of street under a constitu- 
 tional provision against "damaging" 
 private property for public use without 
 compensation. L.R.A.1915A, 383. 
 
 § 49. For railroads. 
 
 Right to compensation In eminent domain 
 proceedings on account of damages to 
 part of tract not taken, from smoke, 
 noise, dust, etc., incidental to the oper- 
 ation of a railroad. L.R.A. 1916E, 445. 
 
 § 50. — in street. 
 
 Right of landowner to damages for obstruc- 
 tion of street or higliway by railroad 
 not adjacent to his property. 46 L.R.A. 
 (N.S.) 615. 
 
 Liability of railroad company to abutting 
 owners for damages from change of 
 grade of highway necessary to carry 
 it across tracks. L.E.A.1910D, 1078. 
 
 § 52. For laying ont highiray or 
 electric road across railroad. 
 
 Right of railroad company to compensation 
 for the crossing of its track, where It 
 Intersects a street or highway, by an 
 electric road. L.R.A.1915D, 843. 
 
 T. Additional Tyurdens. 
 
 § 54. Generally. 
 
 What constitutes a taking of, or Injury to, 
 property, see supra, IV. b. 
 
 § 55. On higliTiray. 
 
 As to rights of abutting owners on high- 
 ways, generally, see Highways, IV. c. 
 
 § 56. — electric poles and wires; 
 telegraph and telephone line. 
 
 Electric power or light line In street or 
 highway as an additional burden. 52 
 L.R.A. (N.S.) 760. 
 
 § 57. — railroads of various hinds. 
 
 Subway in public street for street railway 
 purpose as proper street use. L.R.A 
 1915F, 1005. 
 
 EMPLOYEES. 
 
 In general, see Master and Servant. 
 
210 
 
 EMPI.OYEBS. 
 
 See Master and Sebvaut, 
 
 EMPLOYERS' INDEMNITY INSUB- 
 ANCE. 
 
 See Insurance, § 215. 
 
 *-»-* 
 
 INDEX TO NOTES. 
 
 ENDO^VMENT POLICY. 
 
 As assets of Insured on bankruptcy or in- 
 solvency. 46 L.R.A.(N.S.) 148. 
 
 Right of beneficiary as against insured or 
 his estate to proceeds of endowment in- 
 surance. 52 L.K.A.(N.S.) 689. 
 
 EMPLOYERS' LIABILITY. 
 
 Insurance against, see Insurance, § 215. 
 
 ♦<-• 
 
 EMPLOYERS' LIABILITY ACT. 
 
 See Master and Servant, § 56. 
 
 « « » 
 
 EMPLOYMENT. 
 
 Validity of contract of, see Contracts, § 79. 
 Contract of, generally, see Master and 
 Servant, II. 
 
 EMPLOYMENT AGENCIES. 
 
 License of, see License, § 26. 
 
 ENACTMENT. 
 
 Of ordinance, see Municipal Corporations, 
 
 § 21. 
 Of statute, see Statutes, II, 
 
 ENCBOACH3IENTS. 
 
 Awnings as, see Awnings. 
 
 On highway, see Highway, §§ 13, 19a, 33. 
 
 Easement created by severance of tract of 
 land. L.R.A.1915C, 353. 
 
 ENCUMBBANCE, 
 
 Covenant against, see Covenants, § 10. 
 On insured property, see Insurance, § 88. 
 Subrogation of person discharging, see Sub- 
 rogation, § 2. 
 
 Repudiating cotenancy as affecting right to 
 contribution of cotenant paying en- 
 cumbrance. L.R.A.1915B, 973. 
 
 ENEMY. 
 Alien enemy, see Alien Enemies. 
 
 ENFOBCEMENT. 
 
 Of award of arbiters, see Arbitration, § 5. 
 Of illegal- contract, see Contracts, IV. f. 
 Of judgment, see Judgment, VII. b. 
 Of mechanic's lien, see Mechanics' Liens, 
 
 vm. 
 
 Of mortgage, see Mortgage, VII. 
 
 Of ordinance, see Municipal Corporations, 
 § 51. 
 
 Of improvement assessment, see Public Im- 
 provements, IV. e. 
 
 Of tax, see Taxes. IV. 
 
 Of trust, see Trusts, § 38. 
 
 Of vendor's lien, see Vendor and Purchas- 
 er, § 34. 
 
 ENGINE. 
 
 Frightening of horse by, see Horses, § 11. 
 
 Use of engine on farm premises as viola- 
 tion of general provision in fire policy 
 against increase of risk or specific pro- 
 visions relating to engines. L.R.A. 
 IQISD, 187. 
 
 Private action for violation of statutes re- 
 quiring spark arresters on. L.RA. 
 1915E, 539. 
 
 Liability of master where servant invites or 
 permits children to ride on. L.RA 
 1915E, 888. 
 
 ENGINEEB. 
 
 Begin with this liOoTe on every law question. 
 
 Certificate of, see Contracts, § 140. 
 
 As fellow servants. 52 L.R.A. (N.S.) 1086. 
 
 Waiver by, of stipulation in building con- 
 tract that alterations or extras must be 
 ordered in writing. 48 L.R.A. (N.S.) 
 5S2, 592, 594. 
 
 Power of courts to enforce ministerial du- 
 ties of state engineer. 52 L.R.A. (N.S.) 
 443. 
 
 Liability of architect or engineer for negli- 
 gence in issuing certificates. 4 B. R. 
 C. 859. 
 
INDEX TO NOTES. 
 
 211 
 
 ENGINEERING. 
 
 Treatment of expense of engineering in pub- 
 lic service property valuations. 48 
 L.R.A.(N.S.) 1040. 
 
 ENHANCED PENALTY. 
 
 For habitual criminals or prior offenders, 
 flee Criminal Law, § 83. 
 
 ENLARGED COPIES. 
 
 Of handwriting, as evidence. 51 L.R.A. 
 ,(N.S.) 857. 
 
 » » » 
 
 ENTICING. 
 
 Liability generally for enticing minor to 
 leave parent, see Case, § 6. 
 
 What amounts to enticing of minor child 
 
 from parent's custody. 48 L.R.A. 
 
 (N.S.) 1001. 
 Right of action for enticement of wife as 
 
 asset of bankrupt. 43 L.R.A. (N.S.) 
 
 941. 
 
 EirrrRETiES. 
 
 Tenancy in, see Husband and Wife, § 27. 
 
 ENTIRETY. 
 
 Of contract, see CoNiaACTS, § 62, 
 « « » 
 ENTRANCES. 
 
 § 1. Generally. 
 
 Duty of storekeeper toward customer as to 
 condition of. L.R.A.1915F, 572. 
 
 * « » 
 
 ENTRY, 
 
 Of mortgagee, see Moetgage, § 31. 
 
 •-•-♦ ■ 
 
 ENTRYMAN. 
 
 See Public Lands. 
 
 EN VENTRE SA MERE. 
 
 Premature injurv to Infant as ground of 
 action. 45 L.R.A. (N.S.) 625. 
 Consult also L.B.A. Digests to date. 
 
 EN VENTRE SA MERE— cont'd. 
 
 May a child en ventre sa mere be considered 
 as in being for purpose of rule against 
 perpetuities. 4 B. R. C. 492. 
 
 < » » 
 
 EPIDEMICS. 
 
 See Contagious Diseases; Health, 
 
 EPILEPSY. 
 
 As affecting testamentary capacity. L.R.A. 
 1915A, 451. 
 
 EQUALITY. 
 
 Of protection and privileges, see Constitu- 
 tional Law, VIII. b. 
 In license fee, see License, II. d. 
 In taxation, see Taxes, §§ 8, 93. 
 
 EQUALIZATION. 
 
 Parol evidence to vary or supplement min- 
 utes of board of equalization. 50 L.R.A. 
 (N.S.) 99. 
 
 « « » 
 
 EQUAL PROTECTION. 
 
 See Constitutional Law, VIII. b. 
 
 *-•-♦ 
 
 EQUITABLE ASSIGNMENT. 
 
 See Assignment, § 8. 
 
 4 » » 
 
 EQUITABLE CONVERSION. 
 
 In general, see Wills, § 117. 
 
 As affecting descent of ancestral estates. 
 L.R.A.1916C, 910. 
 
 EQUITABLE ESTOPPEL. 
 
 See Estoppel, III. 
 
 EQTHTABLE LIEN. 
 
 See Liens, II. 
 
 # «♦ 
 
 EQUITABLE LIMITATIONS. 
 
 See Limitation op Actions, I. b. 
 
212 
 
 INDEX TO NOTES. 
 
 EQUITABLE MO^ATGAGE. 
 
 See MoBTOAGE, § 14, 
 
 ♦-»-♦ 
 
 EQUITABLE SET-OFF. 
 
 See Set-Off and Counteeolaim, §§ 10-12. 
 
 » « » 
 
 EQUITY. 
 
 I. Jurisdiction and powers, §§ 1—31. 
 II. Rules; principles; maxims, § 23. 
 III. Practice, §§ 33, 34=. 
 
 Particular kinds of actions in equity, see 
 
 ACCOTJNTINQ; CBEDITOBS' BiLL; INJUNC- 
 TION; Mortgage, VII.; Specific Peb- 
 
 FOEMANCB. 
 
 Equitable assignment, se Assignment, § 8. 
 
 Equitable conversion, see Equitakle Con- 
 version. 
 
 Equitable estoppel, see Estoppel, III. 
 
 Equitable limitations, see Limitation of 
 Actions, I. b. 
 
 Equitable set-oflf, see Set-Off and Countee- 
 olaim, §§ 10-12. 
 
 Application to suits in equity of statute or 
 ordinance requiring notice or presen- 
 tation of claim as a condition of mu- 
 nicipal liability. 50 L.R.A.(N.S.) 186. 
 
 I. Jurisdiction and powers. 
 
 § 1. Generally. 
 
 Jurisdiction in particular cases, see Can- 
 celation OF Insteument; Charities; 
 Cloud on Title; Discoveby and In- 
 spection; Feaud and Deceit, "VI. ; In- 
 junction; Judgment, VIII. ; Moet- 
 , GAGE, VIII.; Specific Performance. 
 
 Jurisdiction of courts generally, see Couets. 
 
 Jurisdiction of equity as uJected by terri- 
 torial limitations, see Courts, IV. 
 
 Jurisdiction of equity over suits affecting 
 real property in anotlier state or coun- 
 try, see Couets, § 21. 
 
 Jurisdiction as affected by amount in dis- 
 pute, see Couets, § 27. 
 
 Jurisdiction to set aside judgment, see 
 Judgment, VIII. 
 
 Remedy in equity for wrongful issuance of 
 license for sale of intoxicating liquor. 
 L.R.A.1915E, 408. 
 
 § 3. Remedy at law. 
 
 Injunction in case of, see Injunction, § 3. 
 
 Relief of grantor in conveyance in considera- 
 tion of agreement to support, which 
 is broken by grantee, as affected 
 by remedy at law. 43 L.R.A. 
 (N.S.) 923. 
 Adequacy of remedy in general. 43 
 
 L.R.A.(N.S.) 923. 
 As affected by continuing character of 
 breach. 43 L.R.A. (N.S.) 924. 
 
 damages re- 
 L.R.A.(N.S.) 
 
 43 L.R.A. 
 
 EQUITY, I.— cont'd. 
 
 Uncertainty as to 
 coverable. 43 
 924. 
 Multiplicity of suits. 
 (N.S.) 924. 
 
 Right to have void judgment reviewed by 
 appellate court as affecting right to- 
 equitable relief. 50 L.R.A.(N.S.) 1055. 
 Effect of remedy at law on jurisdiction of 
 action for specific performance of con- 
 tract for sale of corporate stock.. 
 L.R.A. 1915D, 300. 
 
 § 4. Mnltiplicity of suits. 
 
 Injunction to prevent, see Injunciton, § 4 
 
 Multiplicity of suits as ground for equitable- 
 relief to grantor in conveyance in con- 
 sideration of agreement to support, 
 which is broken by the grantee. 4S 
 L.R.A.(N.S.) 924. 
 
 § 6. Mistake as ground of equitable 
 relief. 
 
 Mistake as to law of another state or coun- 
 try as one of law or of fact. 46 L.R.A. 
 
 (N.S.) 174. 
 
 § 7. In case of fraud. 
 
 To cancel instrument on ground of fraud, 
 see infra, § 15a. 
 
 Equitable relief on ground of fraud to 
 grantor in conveyance in consider- 
 ation of agreement to support, 
 which is broken by the grantee. 
 43 L.R.A.(N.S.) 924. 
 Effect and necessity of fraud. 43 
 L.R.A.(N.S.) 924. 
 Doctrine of fraud in inception of 
 contract. 43 L.R.A. (N.S.) 
 925. 
 Doctrine that retention of property 
 and refusal to perform con- 
 stitute fraud. 43 L.R.A. 
 (N.S.) 926. 
 Inherit jurisdiction of equity at instance- 
 of stockholders to appoint receiver or 
 wind up corporation because of fraud 
 of its officers. L.R.A.1915A, 606. 
 
 § 8. Duress. 
 
 Relief in equity against contract procured 
 by threat to prosecute relative. L.R.A. 
 1915D, 1118. 
 
 § 9. Trusts. 
 
 Power of court to hasten enjoyment of 
 trust fund. 46 L.R.A. (N.S.) 43. 
 
 Trust doctrine as ground for equitable re- 
 lief to grantor in conveyance in con- 
 sideration of agreement to support, 
 which is broken by grantee. 43 L.R.A. 
 (N.S.) 926. 
 
 § 15. Cancelation of instruments. 
 
 Cancelation of instruments generally, see 
 Cancelation of Insteuments. 
 
 Cancelation of contracts, see Contracts, VI. 
 b. 
 
 Begin vMh this boolc on every laiv question. 
 
INDEX TO NOTES. 
 
 213 
 
 EQUITY, 1.— cont'd. 
 
 Jurisdiction to cancel license for sale of in- 
 toxicating liquor wrongfully issued. 
 L.R.A.1915E, 408. 
 
 § 15a. —for fraud. 
 
 Power of equity to take jurisdiction of suit 
 to cancel insurance policy for fraud, or 
 to enjoin action at law on policy. 48 
 L.R.A.(N.S.) 265. 
 
 § 16. Reformation of instruments. 
 
 Reformation of instruments generally, see 
 Refoemation op Instruments. 
 
 § 17. Actions by or against heirs. 
 
 Remedy in equity against heirs for obli- 
 gation of ancestor. L.R.A.1916A, 1189. 
 
 § 19. Over corporations. 
 
 Suit in equity by creditors of corporation 
 for negligence or other breach of duty 
 owed primarily to the corporation. 45 
 L.R.A.(N.S.) 422. 
 
 Equitable relief against corporation for un- 
 authorized transfer of stock on its 
 books. 45 L.R.A.(N.S.) 1080. 
 
 Jurisdiction to enforce liability or unpaid 
 subscriptions to stock of a corporation. 
 
 46 L.R.A.(N.S.) 440. 
 
 Inherent jurisdiction of equity independent- 
 ly of statute at the instance of stock- 
 holders to appoint a receiver or wind 
 up a corporation because of mismanage- 
 ment or fraud of its officers. L.R.A. 
 1915A, 606. 
 
 § 21. Miscellaneous matters. 
 
 Arbitration agreements in courts of equity. 
 
 47 L.R.A.(N.S.) 364. 
 
 Equity jurisdiction of suit against tax col- 
 lector who is in default. 43 L.R.A. 
 (N.S.) 604. 
 
 To protect rights of ferryman. L.R.A. 
 1916D, 835. 
 
 Equitable remedy of creditors where sale 
 is made in violation of bulk sales law. 
 L.R.A.1916B, 976. 
 
 Equitable relief to grantor in conveyance 
 in consideration of agreement to sup- 
 port, which is broken by grantee, when 
 no ground is stated. 43 L.R.A. (N.S.) 
 927. 
 
 Power of, to relieve member of labor union 
 from unlawful fine or suspension. 45 
 L.R.A.(N.S.) 353. 
 
 Jurisdiction, as between equity and law 
 courts, of suits or actions on lost ne- 
 gotiable instruments. 48 L.R.A. (N.S.) 
 648. 
 
 II. Rules; pi'inoiples; maxims. 
 
 § 22. Generally. 
 
 Refusal to enforce illegal or immoral con- 
 tract, see Contracts, IV. f. 
 As to equitable set-off, see Set-Ofp and 
 
 C'OUMEKCLAIM, II. b. 
 Consult also L.K.A. Digests to date. 
 
 EQUITY, II.— cont'd. 
 
 Maxim that one must come into equity with 
 clean hands as affecting one who 
 has violated or induced another to 
 violate an invalid or unenforceable 
 contract. L.R.A.1915A, 820. 
 
 The question of legal wrong as to en- 
 forceable agreements. L.R.A. 
 1915A, 820. 
 
 The question of morality. L.R.A. 
 1915A, 822. 
 
 Miscellaneous. L.R.A. 1915A, 822. 
 Reimbursement of taxes paid by purchaser 
 
 as condition of equitable relief against 
 
 invalid tax title. L.R.A.1915C, 492. 
 
 III. Practice, 
 
 § 23. Generally. 
 
 May original petition in equity which 
 states no cause of action be aided by 
 supplemental pleading. L.R.A. 1816D, 
 679. 
 
 Joinder of successive owners of property in 
 suit in equity for nuisance maintained 
 thereon. 46 L.R.A.(N.S.) 1188. 
 
 Joinder of parties in suit in equity with al- 
 ternative allegations as to liability. 61 
 L.R.A.(N.S.) 640. 
 
 EQUITY OF REDEMPTION. 
 
 See Mortgage. 
 
 ♦ »» 
 
 EROSION. 
 
 See Waters, § 43. 
 
 « ■ * 
 
 ERROR. 
 
 See Appeal and Eeiior. 
 
 •-►♦ — 
 
 ERROR OF JUDGMENT. 
 
 Personal liability of highway officer for. 52 
 L.R.A. (N.S.) 145. 
 
 ERYSIPELAS. 
 
 As element of damage for negligent injury. 
 48 L.R.A.(N.S.) 99. 
 
 ESCAPE. 
 
 § I. Generally. 
 
 Effect of escape of prisoner during trial or 
 during a recess therein on liability of 
 sureties on bail bond. L.R.A.1916F, 
 364. 
 
214 
 
 INDEX TO NOa'ES. 
 
 ESCAPE— co»«'d. 
 § Z. Justification of prison breach. 
 
 See Jails and Peisons, § 6. 
 
 ESCROW. 
 
 § 1. Generally. 
 
 Deed delivered in escrow as satisfying 
 statute of frauds. 43 L.R.A.(N.S.) 390. 
 
 Necessity of strict compliance with con- 
 ditions. L.R.A.1916A, 502. 
 
 § 2. Effect. 
 
 Effect of deed delivered in escrow as further 
 security for a, mortgage debt. L.R.A. 
 191oB, 492. 
 
 ESTATE. 
 
 In real property generally, see Cotekanct; 
 CuEXEST; Deeds, III. f; Dowee; Hus- 
 band AND Wife; Life Tenants; Real 
 Peopeett, § 3; Wills V. j. 
 
 Of decedent, see Descent and Disteibtt- 
 
 TION; EXECUTOES AND AdMINISTBATOES. 
 
 Estates in remainder as assets which will 
 pass to the trustee in bankruptcy. 47 
 L.R.A.(N.S.) 284. 
 
 < » » 
 
 ESTATE DUTY. 
 
 See Taxes, VI. 
 
 < »» 
 
 ESTATES TAIIi. 
 
 Effect of confiscation of an estate tail for 
 treason on rights of innocent re- 
 mainderman. L.R;A.1916E, 345. 
 
 ESTOPFEIi. 
 
 7. Of state or public corporation 
 generally, §§ 1, 2. 
 II. By deed or bond, §§ 3—S. 
 III. Equitable estoppel or estoppel in 
 pais, §§ 6—39. 
 a. In general, §§ 6, 7. 
 ft. Of married woman, § S. 
 
 c. As to corporate existence or 
 
 powers, §§ 9, 10. 
 
 d. By contracts or agreements 
 
 generally ; ratification, § § 
 11, 12. 
 
 e. By conduct or admissions gen- 
 
 erally ; consent, §§ 13—17. 
 
 f. By laches, silence, or ac. 
 
 quiescence, §§ IS— 26. 
 
 1. In general, §§ IS— 20. 
 
 2. As to real property, §§ 
 21-26. 
 
 ESTOPPEL, III.— oonfd. 
 
 g. By negligence, fraud, or mis- 
 representations, §§ 37—29. 
 
 h. By inconsistency in acts, 
 claims, etc., §§ 30, 31. 
 
 i. By receiving benefits, §§ 38, 
 33. 
 
 j. By character or relation of 
 parties, §§ 34—37. 
 
 By judgment, see Judgment, III. 
 
 /. Of state or public corporation gen- 
 erally. 
 
 § 1. Generally. 
 
 Assessment of property as estopping mu- 
 nicipality from claiming its dedication 
 and acceptance for public use. L.E.A. 
 191&B, 11?9. 
 Estoppel of municipality to open or use 
 street. 46 L.R.A.(N.S.) 1211. 
 In general. 46 L.R.A.(N.S.) 1211. 
 Doctrine that municipality cannot be 
 
 estopped. 46 L.R.A. (N.S.) 1211. 
 Doctrine that municipality may be 
 estopped. 46 L.S.A.(N.S.) 
 1212. 
 Requisites of estoppel. 46 L.R.A. 
 (N.S.) 1213. 
 In general. 46 L.R.A.(N.S.) 
 
 1213. 
 Mere possession. 46 L.R.A. 
 
 (N.S.) 1213. 
 Possession not adverse. 46 
 
 L.R.A.(N.S.) 1214. 
 Duration of elements of es- 
 toppel. 46 L.R.A.(N.S.) 
 1215. 
 Particular cases. 46 L.R.A. j( N.S.) 
 1216. 
 
 § 2. By bond. 
 
 Estoppel of public corporation to deny 
 validity of bonds. L.E.A.1915A, 
 916. 
 Distinction between bonds and other 
 contracts as affecting estoppel. 
 L.R.A.1915A, 918. 
 Bonds as commercial paper. L.R.A. 
 
 1915A, 918. 
 Defects or defenses against which estop- 
 pel may not be asserted. 
 L.R.A.1915A, 919. 
 Where corporation is wholly with- 
 out power to issue bonds. 
 L.R.A.1915A, 920. 
 Where there is a prohibitory 
 statute. L.R.A.1915A, 921. 
 Invalid statute. L.R.A.1915A, 
 
 921. 
 Constructive notice of absence 
 of power. L.R.A.1915A, 
 922. 
 Notice of terms of statute. 
 
 L.R.A.1915A, 922. 
 Applicability to different 
 grounds of estoppel. 
 L.R.A.1915A, 923. 
 Recitals in bonds. L.E.A. 
 1915A, 923. 
 
 Begin with this booTc on every law question. 
 
INDEX TO NOTES. 
 
 215 
 
 ESTOPPEL, 1.— cont'd. 
 
 Acquiescence. L.R.A.1915A, 
 
 925. 
 (Negligence in asserting in- 
 validity. L.R.A.1915A, 
 925. 
 Asserting existence of power. 
 
 L.R.A.1915A, 925. 
 Payment of interest or princi- 
 pal. L.RA.1915A, 925. 
 Receiving benefits. L.R.A. 
 1915A, 926. 
 Conditions as aflfecting existence of or 
 right to exercise power. L.R.A. 
 1915A, 926. 
 Irregularities, grounds of estoppel. 
 L.R.A.1915A, 928. 
 Conduct, acquiescence, recognition, 
 payment of interest. L.R.A. 
 1915A, 928. 
 Receipt of benefits. L.R.A.1915A, 
 
 930. 
 Issuance of bonds. L.R.A.1915A, 
 
 931. 
 Assuming to act in corporate ca- 
 pacity. L.R.A.1915A, 933. 
 Adjudication by corporate officer 
 
 or board. L.R.A.1915A, 933. 
 Certificate by officer or board. 
 
 L.R.A.1915A, 9135. 
 Affidavit of officer. L.R.A.1915A, 
 
 935. 
 Promises or representations by 
 
 officer. L.R.A.1915A, 936. 
 Recitals. L.R.A.1915A, 936. 
 
 Effect of and necessity that 
 recitals relate to matter 
 within scope of powers of 
 officer issuing the bonds. 
 L.R.A.1915A, 938. 
 When recital is of matter 
 within officer's pow- 
 ers. L.R.A.1915A, 
 941. 
 Recital as to the holding 
 of an election. 
 L.K.A1915A, 942. 
 Recital of matter pecul- 
 iarly in knowledge 
 of officer. L.R.A. 
 1915A, 943. 
 Where officer is designat- 
 ed to determine mat- 
 ter. L.R.A.1915A, 
 943. 
 • - Where statute refers to 
 ' public record. L.R.A. 
 1915A, 943. 
 Recitals as affected by distinc- 
 tion between constitution- 
 al and statutory limita- 
 tion as to d^bt limit. 
 L.R.A.1915A, 946. 
 Recitals by officers acting 
 without authority. L.R.A. 
 1915A, 948. 
 Scope of recitals as affected by 
 form. L.R.A.1915A, 
 949. 
 Consult also L.B.A. Digests to date. 
 
 ESTOPPEL, I.— cont'd. 
 
 Recital that bond is is- 
 sued according to 
 statute. L.R.A.1915A, 
 950. 
 According to ordinance. 
 
 L.R.A,1915A, 961. 
 According to vote. L.R.A. 
 
 1915A, 962. 
 According to an election. 
 
 L.R.A.1915A, 963. 
 According to law. L.R.A. 
 
 1915A, 966. 
 Performance of all steps 
 required by law. 
 L.R.A.1915A, 966. 
 Performance of all ac- 
 tions, conditions, 
 things, etc. L.R.A. 
 1915A, 969. 
 As to purpose. L.R.A. 
 
 1915A, 970. 
 As to debt limit. L.R.A. 
 
 1915A, 974. 
 As to performance of con- 
 ditions attaclied to 
 issue. L.R.A.1915A, 
 974. 
 As to existence of particu- 
 lar facts. L.R.A. 
 1915A,,975. 
 Who are innocent holders within the 
 rule of protection by estoppel. 
 L.R.A.1915A, 976. 
 Purchaser direct from corporation. 
 
 L.R.A.1915A, 976. 
 Subsequent purchasers. L.R.A. 
 
 1915A, 976. 
 Purchaser with constructive notice. 
 
 L.R.A.1915A, 977. 
 Non-negotiable bonds. L.R.A. 
 
 1915A, 978. 
 
 Actual notice. L.R.A.1915A, 978. 
 
 Effect of recitals in bonds as giving 
 
 notice or relieving from 
 
 notice. L.R.A.1915A, 978. 
 
 Reference to statute. L.R.A. 
 
 1915A, 979. 
 Ordinance. L.R.A.1915A, 979. 
 Order of court. L.R.A.1915A, 
 
 980. 
 Object of bonds. L.R.A.1915A, 
 
 980. 
 Reference to conditons at- 
 tached to issue. L.R.A. 
 1915A, 981. 
 Controlling effect of decisions of state 
 court. L.R.A.1915A, 981. 
 
 § 2a. By contract. 
 
 Estoppel of public corporation to deny va- 
 lidity of contract. L.R.A.1915A, 
 990. 
 General rule. L.R.A.1915A, 991. 
 
 Where general power to contract is 
 delegated. L.R.A.1915A, 991. 
 Where no power to contract exists. 
 L.R.A.1915A, 992. 
 Particular defects. L.R.A.1915A, 994. 
 Contract by unauthorized officer. 
 L.R.A.i915A, 994. 
 
210 
 
 INDEX TO NOTES. 
 
 ESTOPPEL, l.—cont'd. 
 
 Failure to comply with statutes in- 
 tended to secure competition 
 in bidding. L.E.A.1915A, 997. 
 
 Irregularities in holding election. 
 L.E.A.1915A, 998. 
 
 Acting upon invalid special power 
 or failure to comply with val- 
 id special power. L.R.A. 
 1915A, 999. 
 
 Failure to authorize contract by 
 valid ordinance. L.R.A.1915A, 
 999. 
 
 Failure to or irregularity in pro- 
 viding means to pay. L.R.A. 
 1915A, 1000. 
 
 Contracts in excess of debt limit. 
 L.R.A.1915A, 1001. 
 
 Informality or defect in form of 
 contract. L.R.A.1915A, 1001. 
 
 Contracts violative of ordinance. 
 L.R.A.1915A, 1002, 
 
 Contracts violative of public pol- 
 icy. L.R.A.1915A, 1002. 
 
 Miscellaneous. L.R.A.1915A, 1002. 
 Grounds of estoppel. L.R.A.1915A, 
 1002. 
 
 Receipt of benefits. L.R.A.1915A, 
 1002. 
 
 Loss or detriment to other party 
 to contract. L.R.A.1915A, 
 1005. 
 
 Recognizing contract. L.R.A. 
 191 5A, 1005. 
 
 Approving similar contract. L.R.A, 
 1915A, 1006. 
 
 Adjudication or recital. L.R.A. 
 1915A, 1006. 
 
 Affixing corporate seal to contract. 
 L.R.A.1915A, 1007. 
 Notice of defects. L.R.A.1915A, 1007. 
 Persons who mav estop corporation. 
 
 L.R.A.1915A,'l008. 
 Distinction between estoppel of public cor- 
 poration to deny validity of contract 
 and ratiiication of invalid contract. 
 L.R.A.1915A, 1024. 
 
 II. By deed or bond. 
 
 § 3. Generally. 
 
 Estoppel by bond, of state or public corpo- 
 ration generally, see supra, § 2. 
 
 JBy permitting title to real property to 
 stand in the name of another, see infra, 
 §26. 
 
 Jlstoppel by giving forthcoming bond to 
 question legality of levy under an 
 execution. 51 L.R.A. (N.S.) 635. 
 In suits on the bond. 51 L.R.A. (N.S.) 
 
 635. 
 Collateral attack. 51 L.R.A. (N.S.) 636. 
 Miscellaneous. 51 L.R.A. (N.S.) 637. 
 JEffect of bond or receipt given to secure 
 surrender of property by officer who 
 has seized it under process as an es- 
 toppel after property has been returned 
 to officer. L.R.A.1916F, 942. 
 
 Begin xL-itU this hoolc on ervery law question. 
 
 ESTOPPEI.— coni'd. 
 
 ///. Equitable estoppel or estoppel in 
 pais. 
 
 a. In general. 
 
 § 6. Generally. 
 
 Of insurer, see Insurance, VII. b. 
 
 Estoppel to introduce , parol evidence that 
 written instrument importing absolute 
 transfer of title was intended to oper- 
 ate as a mortgage. L.R.A.1916B, 599. 
 Mistake in statement of commodity fur- 
 nished as affecting the right to recover 
 for a larger amount actually furnished. 
 L.R.A.1915B, 711. 
 Assessment or nonassessment of property 
 to raise estoppel against claiming or 
 denying its dedication for public use. 
 L.R.A.1916B, 1179. 
 Estoppel of minor to acquire outstanding 
 title as against . the purchaser at his 
 guardian's sale. L.R.A. 1915E, 836. 
 Estoppel of husband to deny liability for 
 necessaries furnished wife while living 
 with him. 47 L.R.A. (N.S.) 282. 
 Estoppel of cotenants to dispute title of 
 grantee in conveyance by one cotenant 
 of parcel ' in severalty. 47 L.R.A. 
 (N.S.) 580. 
 Estoppel of purchaser at execution sale to 
 set up outstanding title i against his re- 
 demptioner without returning the re- 
 demption money. 48 L.R.A. (N.S.) 481. 
 Of beneficiary to hold trustee personally 
 liable for losses to trust estate from 
 investments. 44 L.R.1\.(N.S.) 980. 
 Estoppel of one seeking to hold notary or 
 other officer liable for fault or mistake 
 in certifying to acknowledgment or affi- 
 davit. 49 L.R.A.(N.S.) 54. 
 Estoppel of borrower to complain of usury 
 because of his connection with the lend- 
 er. 49 L.R.A. (N.S.) 1044. 
 To assert forfeiture or penalty under con- 
 tract providing therefor. 50 L.R.A. 
 (N.S.) 897. 
 Actions or suits in which equitable estoppel 
 involving title or interest in real 
 property is available. 49 L.R.A. 
 (N.S.) 775. 
 Availability in suits in equity. 49 
 L.R.A.(N.S.) 776. 
 As basis for suit. 49 L.R.A. (N.S.) 
 
 776. 
 As defense to suit. 49 L.R.A. 
 (N.S.) 776. ' 
 Availability in actions at law. 49 
 ■ L.R.A.(N.S.) 777. 
 As basis for action. 49 L.R.A. 
 
 (N.S.) 777. 
 As defense to action. 49 L.R.A. 
 (N.S.) 777. 
 Under reformed procedure. 49 
 L.R.A.(N.S.) 778. 
 
 § 7. As to taxes and assessmeilts. 
 
 Estoppel to claim lack of notice of tax pro- 
 ceedings. L.R.A.1916E, 34. 
 
INDEX TO NOTES. 
 
 217 
 
 ESTOPPEL, III. a— cont'd. 
 § 7a. Knowledge or reliance of other 
 party. 
 
 Estoppel against assertion of title or inter- 
 est in real property by concealing 
 the same or representing it to be 
 in another as affected by knowledge 
 or ignorance of person claiming 
 estoppel. 48 L.R.A.(N.S.) 766. 
 Equal knowledge or opportunity of 
 Icnowledge. 48 L.R.A.(N.S.) 767. 
 Reliance upon conduct by party assert- 
 ing estoppel. 48 L.K.A.(N.S.) 769. 
 Ignorance of person estopped. 48 
 L.R.A.(N.S.) 770. 
 Ignorance of fact. 48 L.R.A. 
 (N.S.) 770. 
 In case of positive act. 48 
 
 L.R.A.(N.S.) 770. 
 In case of silence or acquies- 
 cence. 48 L.R.A. (N.S.) 
 772. 
 Ignorance of law. 48 L.R.A. ( N.S. ) 
 773. 
 In ease of positive act. 48 
 
 L.R.A.(N.S.) 773. 
 In ease of silence or acquies- 
 cence. 48 L.R.A. (N.S.) 
 774. 
 As affected by constructive notice. 48 
 L.R.A.(N.S.) 775. 
 By record. 48 L.R.A. (N.S.) 775, 
 In case of positive act. 48 
 
 L.R.A.(N.S.) 775. 
 In case of silence or acquies- 
 cence. 48 L.R.A.(N.S.) 
 775. 
 By possession. 48 L.R.A. (N.S.) 
 777. 
 In case of positive act. 48 
 
 L.R.A.(N.S.) 777. 
 In case of silence or acqui- 
 escence. 48 L.R.A.(N.S.) 
 778. 
 
 § 7c, Change of position. 
 
 Bringing suit or other legal proceeding as 
 change of position within law of 
 estoppel. 52 L.R.A.(N.S.) 1185. 
 General rule. 52 L.R.A. (N.S.) 1186. 
 In garnishment proceedings. 52 
 L.R.A.(N.S.) 1188. 
 Contrary doctrine. 52 L.R.A. (N.S.) 
 1189. 
 ' The question of positive gain. 52 
 L.R.A. (N.S.) 1191. 
 Middle ground. 52 L.R.A. (N.S.) 1192. 
 Mitigation of damages. 52 L.R.A. 
 (N.S.) 1192. 
 Miscellaneous. 52 L.R.A. (N.S.) 1193. 
 
 ft. Of married women. 
 
 § S. Generally. 
 
 Estoppel of wife who conceals her interest 
 in property to assert it as against one 
 who purchases it as property of hus- 
 band. 48 L.R.A.(N.S.) 757. 
 Applicability of doctrine of equitable es- 
 toppel to married women, independ- 
 ently of contract. L.R.A.1916C, 
 240. 
 Consult also L.B./l. Digests to date. 
 
 ESTOPPEL, III. h— cont'd. 
 
 Estoppel of married women in general, 
 
 L.R.A.1916C, 242. 
 Under statutes removing disabilities of 
 
 married women. L.R.A.1916C, 248. 
 
 c. As to corporate existence or powers. 
 
 § 9. Esistence. 
 
 Estoppel to allege partnership liability of 
 stockholders in case of defective or il- 
 legal incorporation. L.E.A.1916C, 212. 
 
 d. By contracts or agreements general- 
 
 ly ; ratification. 
 
 § 11. Generally, 
 
 Estoppel of public corporation by contract, 
 see supra, § 2a. 
 
 To deny liability for injuries resulting from 
 breach of gratuitous promise as ta 
 lateral support. 48 L.R.A. (N.S.) 475. 
 
 Estoppel of carrier to recover difference be- 
 tween rate charged shipper and proper 
 rate. 49 L.R.A. (N.S.) 99. 
 
 Effect of bond or receipt given to secure 
 surrender of property by officer who 
 has seized it under process as an 
 estoppel after it has been returned ta 
 oiEcer. L.E.A.1916F, 942. 
 
 Right of lessor to maintain an action for 
 possession against his covenant not to 
 disturb lessee's possession, when the 
 covenant is repugnant to the estate- 
 granted. L.R.A.1915D, 467. 
 
 To attempt to defeat stock subscription or 
 stockholder's liability on the ground 
 that corporation is not legally organ- 
 ized. L.R.A.1915A, 475. 
 
 e. By conduct or admissions generally ^ 
 
 consent. 
 
 § 13. By conduct. 
 
 By receiving benefits, see infra, § 32. 
 
 Waiver of objections to sufficiency of per- 
 formance, by accepting work, see CoN- 
 TEACTS, § 139. 
 
 Waiver by acceptance, of objections to goods- 
 purchased, see Sale, § 24. 
 
 § 14. ^matters as to real property. 
 
 Estoppel against assertion of title or 
 interest in real property by concealing 
 the same or representing it to be in an- 
 other. 48 L.R.A.(N.S.) 745. 
 
 § 15. — matters as to commercial 
 paper. 
 
 Estoppel of bank to deny validity of check 
 or draft by giving assurance that it 
 is good. 4 B. R. C. 593. 
 
 To recover money paid on forged check or 
 draft. L.R.A.1915A, 77. 
 
 § 16. By admissions. 
 
 Admissibility of admissions in evidence, see 
 Evidence, § 215, 
 
 Conclusiveness of judicial admissions as tO' 
 strangers. L.R.A.1915A, 200. 
 
218 
 
 INDEX TO NOTES. 
 
 ESTOPPEL, III. er~cotit'd. 
 § 17. By consent. 
 
 Kiglit of party consenting to divorce to con- 
 test its validity. 51 L.R.A.(N.S.) 534. 
 
 Estoppel by acquiescence in erection of 
 building or plant to complain of it as 
 a nuisance, L.R.A.1916C, 940. 
 
 Beneliciary's consent to surrender of policy 
 or designation .of new beneficiary as 
 affecting his right to question validity 
 thereof. L.R.A.1915A, 872. 
 
 y. By laches, silence, or acquiescence. 
 1. In general. 
 
 §18. Generally. 
 
 Estoppel of beneficiary to hold trustee per- 
 sonally liable for losses to trust estate 
 from investments. 44 L.R.A. ( N.S. ) 
 980. 
 
 Estoppel to contest right of directors to 
 vote bonus to officers as compensation 
 for services. L.R.A.1915D, 637. 
 
 Effect of complainant's laches on right to 
 injunction against nuisance. L.R.A. 
 1916C, 1270. 
 
 2. As to real property. 
 
 § 21. Generally. 
 
 Delay in recording instrument conveying 
 title to real property, see Records and 
 Reoobdino Laws, § 23. 
 
 Estoppel against assertion of title or inter- 
 est in real property by concealing 
 the same. 48 L.R.A. (N.S.) 745. 
 Against assertion of title. 48 L.R.A. 
 (N.S.) 754. 
 Deceiving one acquiring title. 48 
 L.R.A.(N.S.) 754 
 As to equitable 
 L.R.A. (N.S.) 
 As to boundaries. 
 
 (N.S.) 756. 
 As to remainder. 
 
 (N.S.) 756. 
 As to cotenancy. 
 
 (N.S.) 757. 
 As to interest of spouse, 
 
 L.R.A.(N.S.) 757. 
 By attesting conveyance. 
 
 L.R.A. (N.S.) 758. 
 By appraising land. 
 L.R.A.(N.S.) 759. 
 Nondisclosure of title to those 
 who are improving the land. 
 48 L.R.A.(N.S.) 759. 
 Deceiving one acquiring lien. 48 
 L.R.A.(N.S.) 759. 
 Mortgages. 48 L.R.A. (N.S.) 
 759. 
 Estoppel sought by mort- 
 gagee. 48 L.R.A. 
 (N.S.) 759. 
 Estoppel sought by pur- 
 chaser at foreclosure 
 sale. 48 L.R.A. (N.S.) 
 760. 
 Mechanics' liens. 48 L.R.A. 
 (N.S.) 760, 
 
 title. 48 
 756. 
 48 L.R.A. 
 
 48 L.R.A. 
 
 48 L.R.A. 
 
 48 
 
 48 
 
 ESTOPPEL, III. f, 2— cont'd. 
 
 Miscellaneous. 48 L.R.A. (N.S.) 
 760. 
 Against assertion of interest other 
 than title. 48 L.R.A. (N.S.) 
 764. 
 Deceiving one acquiring title. 48 
 L.R.A.(N.S.) 764. 
 Mortgage. 48 L.R.A. (N.S.) 
 
 764. 
 Lien. 48 L.R.A. (N.S.) 764. 
 Dower. 48 L.R.A. (N.S.) 764. 
 Water rights. 48 L.R.A. 
 
 (N.S.) 765. 
 Easements. 48 L.R.A. (N.S.) 
 
 765. 
 Credits. 48 L.R.A. (N.S.) 765. 
 Miscellaneous. 48 L.R.A. 
 (N.S.) 765. 
 Deceiving one acquiring lien. 48 
 
 L.R.A.(N.S.) 765. 
 Deceiving one making improve- 
 ments. 48 L.R.A.(N.S.) 760. 
 Intention to affect conduct as an ele- 
 ment. 48 L.R.A.(N.S.) 768. 
 As affected by statute of frauds. 48 
 L.R.A.(N.S.) 775. 
 
 § 22. As to boundary line. 
 
 Estoppel hj silence or acquiescence to assert 
 true boundaries. 48 L.R.A.{N.S.) 756. 
 
 § 25. By permitting expenditures. 
 
 Estoppel against assertion of title or in- 
 terest in real property against one 
 making improvements thereon. 48 
 L.R.A.(N.S.) 759. 
 Estoppel, by encouraging or acquiescing in 
 erection of building or plant, to 
 complain of it as a nuisance. 
 L.R.A.1916C, 940. 
 Active encouragement or express con- 
 sent. L.R.A.1916C, 941. 
 Sale or lease of land for erection of 
 
 plant. L.R.A.1916C, 942. 
 Passive acquiescence. L.R.A.1916C, 
 
 942. 
 Acquiescence by former owner of prop- 
 erty affected. L.R.A.1916C, 946. 
 
 § 26. By permitting title to real 
 property to stand in another's 
 name. • 
 
 Estoppel of one who permits title of real 
 property to stand in another's name, to 
 assert title as against the latter's credi- 
 tors. 46 L.R.A.(N.S.) 1097. 
 
 Estoppel against assertion of title or in- 
 terest in property of bpouse as against 
 third persons by concealing the same. 
 48 L.R.A.(N.S.) 757. 
 
 g- 
 
 By negligence, frauA, or misrepre- 
 sentations. 
 
 Begin with this hooTc on every law question. 
 
 § 27. By negligence. 
 
 Estoppel as against innocent payee of one 
 who signed note in blank and intrusted 
 it to a third person who exceeded his 
 authority in filling up blanks before 
 delivery to payee. L.R.A.1915B, 144. 
 
INDEX TO NOTES. 
 
 219 
 
 i:STOPPEL, III. g— cont'd. 
 
 Mistake in statement of commodity fur- 
 nished as affecting the right to recover 
 for a larger amount actually furnished. 
 L.R.A.1915B, 711. 
 
 -§ 28. By fraud or misrepresenta- 
 tions. 
 
 Estoppel in pais against assertion ot title 
 or interest in real property by 
 representing it to be in another. 
 48 L.R.A.(N.S.) 745. 
 Introduction. 48 L.R.A.(N,S.) 746. 
 Against assertion of title. 48 L.E.A. 
 (N.S.) 746. 
 Deceiving one acquiring title. 48 
 
 L.R.A.(N.S.) 746. 
 Pointing out boundaries. 48 
 
 L.R.A.(N.S.) 751. 
 Deceiving one acquiring lien. 48 
 L.R.A.(N.S.) 752. 
 Estoppel sought by lienor. 48 
 
 L.R.A.(N.S.) 752. 
 Estoppel sought by purchaser 
 at foreclosure sale. 48 
 L.R.A.(N.S.) 753. 
 Miscellaneous. 48 L.R.A.(N.S.) 
 754. 
 Against assertion of interest other than 
 title. 48 L.R.A.(N".S.) 761. 
 Deceiving one acquiring title. 48 
 L.R.A.(N.S.) 761. 
 Mortgage. 48 L.E.A. (N.S.) 
 
 761. 
 Lien. 48 L.R.A.(N.S.) 762. 
 Dower. 48 L.R.A.(]Sr.S.) 762. 
 Water rights. 48 L.R.A. 
 
 (N.S.) 762. 
 Miscellaneous. 48 L.R.A. 
 (N.S.) 762. 
 Deceiving one acquiring lien. 48 
 
 L.E.A.(N.S.) 763. 
 Miscellaneous. 48 .L.E.A. (N.S.) 
 764. 
 Intention to affect conduct as an 
 
 element. 48 L.R.A.(N.S.) 768. 
 As affected by statute of frauds. 48 
 L.E.A.(N.S.) 775. 
 Expression of opinion. 48 L.R.A. 
 (N.S.) 778. 
 Estoppel to contest commercial paper by 
 representations to prospective pur- 
 chasers. 50 L.R.A.(N.S.) 1023. 
 General duty to disclose defenses. 50 
 
 L.R.A.(N.S.) 1024. 
 Payor's Icnowledge of defenses. 50 
 
 L.E.A. (N.S.) 1024. 
 Defenses subsequently maturing. 50 
 
 L.E.A. (N.S.) 1025. 
 Knowledge that representation will be 
 relied upon. 50 L.E.A. (N.S.) 1026. 
 Purchaser's knowledge of defenses. 50 
 
 L.R.A.(N.S.) 1026. 
 Change of position in reliance upon rep- 
 resentation. 50L.R.A.(N.S.) 1027. 
 Representation by agent. 50 L.E.A. 
 
 (N.S.) 1028. 
 Right of subsequent holder to avail 
 himself of statements made to 
 prior holder. 50 L.R.A. (N.S.) 
 1028. 
 Consult also L.R.A. Digests to date. 
 
 ESTOPPEL, III. g— cont'd. 
 
 Character of misrepresentation which 
 \ will work an estoppel. 50 L.R.A. 
 
 (N.S.) 1028. 
 Character of the defense. 50 L.E.A. 
 (N.S.) 1031. 
 Usury. 50 L.R.A. (N.S.) 1031. 
 Gambling. 50 L.R.A. (N.S.) 1032. 
 Extent of protection. 50 L.R.A. (N.S.) 
 1034. 
 Right of bank to contradict entries in its 
 books or statements in public reports. 
 L.R.A.1915D, 935. 
 
 § 29. — of infant. 
 
 Of infant by fraud in misrepresenting age. 
 L.R.A.1915F, 1082. 
 
 h. By inconsistency in acts, claims, etc. 
 
 § 30. Generally. 
 
 Right of party obtaining or consenting to 
 divorce to contest its validity. 51 
 L.R.A.(N.S.) 534. 
 
 Right of bank to contradict entries in its 
 books or statements in public reports. 
 L.R.A.1915D, 935. 
 
 Estoppel of guardian, executor, or adminis- 
 trator to deny that he received the 
 amount stated in his report of a sale. 
 L.R.A.1916A, 639. 
 
 i. By receiving benefits. 
 
 § 32. Generally. 
 
 Estoppel of public corporation to deny va- 
 lidity of contract by receipt of- bene- 
 fits, see supra, § 2a. 
 
 Estoppel of corporation to deny liability on 
 contract of promoters. 50 L.R.A. (N.S.) 
 978. 
 
 j. By character or relation of parties. 
 
 § 34. Generally. 
 
 Husband's liability for necessaries fur- 
 nished wife on ground of estoppel. ,47 
 L.R.A. (N.S.) 282. 
 
 § 36. Of tenant. 
 
 Right of tenant in possession in action by 
 himself to dispute the landlord's title. 
 L.R.A.1916E, 699. 
 Estoppel to deny lessor's title as affected by 
 the fact that lessee did not recog- 
 nize the lessor's title to the partic- 
 ular property. 52 L.R.A. (N.S.) 
 765. 
 Where tenant put in possession. 52 
 L.R.A.(N.S.) 766. 
 Where the premises actually de- 
 mised are more than called for 
 by the lease. 52 L.R.A. (N.S.) 
 766. 
 Where tenant not put in possession of 
 
 a part. 52 L.E.A. (N.S.) 766. 
 Land outside of the demised premises. 
 52 L.R.A. (N.S.) 766. 
 
220 
 
 INDEX TO NOTES. 
 
 ESTOPPEL IN PAIS. 
 
 See Estoppel, III. 
 
 ♦-»-♦ 
 
 ESTKAYS. 
 
 See Animals. 
 
 EVICTION. 
 
 Of tenant, see Landlobd and Tenant, §§ 
 32, 33. 
 
 EVIDENCE. 
 
 /. In general, § 1. 
 II. Judicial notice, §§ 2—17. 
 a. By court, §§ 2—16* 
 III. Presumptions and Iturden of 
 proof, §§ 18-117. 
 a. In general, §18. 
 ' 6. As to laws, §§ 19, 20. 
 
 c. Exceptions or exemptions; 
 
 defenses, § 21, 
 
 d. Concerning persons, §§ 22— 
 
 56. 
 
 1. Status, relation, or con- 
 
 dition, §§ 22—24:. 
 
 2. Character; identity; 
 
 marriage; divorce, §§ 
 25-29. 
 
 S. Death; survivorship; 
 
 suicide, §§ 30—32. 
 
 4:. Assent; authority; li- 
 cense, §§ 33—36. 
 
 5. Knowledge; notice; san- 
 
 ity ; capacity ; intent, 
 §§ 37-4:2. 
 
 6. Malice ; motive ; pvoiable 
 
 cause, §§ 43—46. 
 
 7. Fraud or good faith; 
 
 undue influence, §§ 
 47-53. 
 
 f. Cause; continuance, §§ 60— 
 
 61a. 
 
 g. Care; negligence; res ipsa 
 
 loquitur, §§ 62—84. 
 1. Of person causing in- 
 jury, §§ 62-79. 
 (a) In general, §§ 62— 
 
 69. 
 Cb) Of carriers, §§ 70, 
 71a. 
 
 (c) Railroads ; street 
 
 railways, §§ 72— 
 75a. 
 
 (d) On highivay, § 76. 
 
 (e) Of master §§ 77, 
 
 78. 
 
 (f) Miscellaneous, § 
 
 79. 
 S. Contributory negligence, 
 
 §§ 80-84. 
 (a) In general, §§ SO, 
 
 81. 
 (J)) On highivay, S 82 
 
 Begin with this boolc on every latv question. 
 
 EVIDENCE, 111.— cont'd. 
 
 i. As to rights, contracts, in- 
 struments, and proper- 
 ty, §§ 89-105a. 
 
 1. In general, §§ 89-94. 
 
 2. Different instruments, 
 
 §§ 95-103a. 
 
 3. Ownership; title; pos- 
 
 session; occupation, §§ 
 104-105a. 
 j. Payment; value, §§ 106— 
 
 107a. 
 fc. Miscellaneous civil matters, 
 
 §§ 108-111. 
 I. Criminal matters, §§ 112— 
 117. . 
 IT. Best and secondary evidence, §§ 
 118-121. 
 T. Documentary evidence, §§ 122— 
 150. 
 a. In general, §§ 122—125. 
 6. Records, reports, and or- 
 ders ; legislative journals, 
 §§ 126-130. 
 
 0. Judgments; findings; plead- 
 
 ings, §§ 131— 133a. 
 
 d. Depositions, former testi- 
 
 mony, and affidavits, § 
 134. 
 
 e. Memoranda; receipts, §§ 
 
 135, 136. 
 
 f. Letters; telegrams, §§ 137, 
 
 138. 
 
 g. Account iooTcs, §§ 139—144. 
 fc. Miscellaneous documents, § 
 
 148. 
 
 1. For purposes of compari- 
 
 son, § 149. 
 TI. Demonstrative evidence; articles 
 and things; view of jury, §g 
 151-159. 
 Til. Parol and extrinsic evidence as 
 
 to writing, §§ 160—184. 
 a. In general, §§ 160, 160a. 
 6. Custom, §161. 
 c. Prior and collateral parol 
 
 agreements, §§ 162, 163. 
 
 e. Meaning ; intention; explan- 
 
 ation, §§ 165—168. 
 
 f. As to commercial paper, §§ 
 
 169-174. 
 
 g. As to consideration, §§ 175, 
 
 176. 
 h. Fraud; surprise; mistake; 
 
 omissions, §§ 177—179. 
 i Condition; trust; mortgage, 
 
 §§ 180-182. 
 j. To identify subject or per- 
 
 sotis, § 183. 
 fc. Character of party, § 184. 
 Till. Opinions and conclusions; ex- 
 pert testimony, §§ 185— 
 
 206. 
 a. In general, § 185. 
 c. Cause and effect, §§ 187— 
 
 187b. 
 
 e. Sanity and inental capacity, 
 
 §§ 189-193. 
 
 f. Talite; datnages; speed, §§ 
 
 194, 195. 
 h. Handwriting, typeuriting; 
 finger prints, §§ 198— 
 205b. 
 
INDEX TO NOTES. 
 
 221 
 
 EVIDENCE, VIII. h— cont'd. 
 
 3. Typeivriting ; finger 
 prints, §§ 305a, 205b. 
 i. Miscellaneous, § 306. 
 IX. Confessions; involuntary evi- 
 dence, §§ 207-314:. 
 X. Admissions, § 315. 
 XI. Declarations ; hearsay ; res gestae ; 
 privileged communications, 
 §§ 316-34:5. 
 a. In general, §§ 316—219. 
 6. Privileged com,munications, 
 §§ 320-326. 
 
 c. Party's own acts and dec- 
 
 larations, § 327. 
 
 d. Acts and declarations of 
 
 third person generally, §§ 
 238— 333a. 
 
 e. Acts and declarations of 
 
 agent, coheneflciary, parp- 
 
 ner, or co-consplrator, §§ 
 
 234r-337. 
 j. Dying declarations, § 243. 
 7c. Foriner testimony, §§ 243— 
 
 245. 
 
 XII. Relevancy and nutter iality, §§ 
 346-287. 
 
 a. In general, § 346. 
 
 b. Custoin; habit; cause, §§ 
 
 347, 348. 
 
 c. Character and reputation, 
 
 §§ 349-353. 
 
 d. Mental capacity, § 354. 
 
 e. Intent; motive; fraud; un-, 
 
 due influence; malice, §§ 
 255—261. 
 
 f. Value; damages, §§ 262— 
 
 265. 
 
 g. Negligence, §§ 366—269. 
 
 j. Similar acts and facts, §§ 
 373-375. 
 
 k. Rebuttal, §§ 276, 277. 
 
 I. Contracts; personal rela- 
 tions, §§ 278-280. 
 
 m. Ownership; authority, §§ 
 381, 383. 
 
 n. Miscellaneous civil matters, 
 § 383. 
 
 o. Criminal matters, §§ 384— 
 387. 
 
 XIII. Weight; effect; sufficiency, §§ 
 
 388-338. 
 a. In general, §§ 388—393. 
 h. Negligence, § 394. 
 
 c. Matters as to persons, §§ 
 
 395-303a. 
 
 d. To overcome writing, § 304. 
 
 f. Contracts, §§ 309—311. 
 
 g. Will cases, § 313. 
 
 h. Miscellaneous civil cases, 
 
 §§ 313, 314. 
 i. Criminal cases, §§ 315—338. 
 
 1. In general, §§ 315-335. 
 
 2. Vfirious particular 
 
 crimes, §§ 326—328. 
 
 XIV. Admissibility under pleadings; 
 
 variance, §§ 329—333. 
 Consult also L.R.A. Digests to date. 
 
 EVIDENCE— cont'd. 
 
 I. In general, 
 
 § 1. Generally. 
 
 On trial for assault and battery, see As- 
 sault AND Batteby, § 13. 
 In action on note, see Bills and Notes, § 70 
 Constitutionality of statutes as to, see CoN- 
 
 SriTTJTlONAL LAW, § 151. 
 
 Compelling accused to furnish, see Criminal 
 Law, § 49. 
 
 Eight to introduce evidence before insurance 
 appraisers, see Instjbance, § 152a. 
 
 Newly discovered evidence as ground for 
 new trial, see New Trial, §§ 10, 11. 
 
 False evidence, see Perjury. 
 
 Search and seizure to obtain evidence, see 
 Search and Seizure. 
 
 Instructions as to, see. Trial, § 61. 
 
 As to witnesses generally, see Witnesses. 
 
 As to competency of witnesses in general, 
 see Witnesses, II. 
 
 As to examination of witnesses, see Wit- 
 nesses, III. 
 
 As to impeachment of witnesses, see Wit- 
 nesses, IV. 
 
 Right of convicted person to maintain an 
 action against witness for negligently 
 giving false evidence. 3 B. R. C. 251. 
 
 Liability of one who procures defamatory 
 testimony to be given. 4 B. R. C. 986. 
 
 II. Judicial notice, 
 a. By court. 
 
 § 2. iLaws. 
 
 Presumption and burden of proof as to, 
 see infra, § 19. 
 
 Of Federal employers' liability act in action 
 thereunder. 47 L.R.A.(N.S.) 75; 
 L.R.A.1915C, 78. 
 
 Judicial notice of adoption of local-option 
 law. L.R.A.1915B, 788. 
 
 § 15. Intoxicating character of liq- 
 uor. 
 
 Judicial notice or inference as to spiritu- 
 ous, vinous, distilled, malt, fer- 
 mented, or intoxicating quality of 
 liquor, from its name. 48 L.R.A. 
 (N.S.) 302. 
 
 Alcohol. 48 L.R.A.(N.S.) 302. 
 
 Whisky. 48 L.R.A. (N.S.) 303. 
 
 Brandy. 48 L.R.A. (N.S.) 304. 
 
 Gin. 48 L.R.A.(N.S.) 305. 
 
 Rum. 48 L.R.A. (N.S.) 305. 
 
 Cocktail. 48 L.R.A. (N.S.) 305. 
 
 Wine. 48 L.R.A. (N.S.) 305. 
 
 Porter. 48 L.R.A. (N.S.) 306. 
 
 Ale. 48L.R.A.(N.S.) 306. 
 
 Cider. 48 L.R.A. (N.S.) 306. 
 
 Bitters. 48 L.R.A. (N.S.) 307. 
 
 Jamaica Ginger. 48 L.R.A. (N.S.) 307. 
 "Near beer" or other local appellation, as 
 justifying judicial notice as to in- 
 toxicating or other statutory qual- 
 ity of liquor. 48 L.R^.(N.S.) 315. 
 
 Near beer. 48 L.R.A. (N.S.) 316. 
 
222 
 
 INDEX TO NOTES. 
 
 EVIDENCE, II. a.— cont'd. 
 
 "Hop" ale or beer. 48 L.R.A.(N.S.) 
 
 316. 
 Miscellaneous liquors. 48 L.R.A. ( N.S. ) 
 316. 
 Judicial notice that "beer"' or "lager beer" 
 is intoxicating. 48 L.R.A. (N.S.) 308. 
 
 § 16. Other matters. 
 
 Judicial notice that certain articles are 
 within provision in fire insurance policy 
 prohibiting presence of designated arti- 
 cles on premises. 3 B. K. C. 47. 
 
 III. Presumptions and hurden of proof. 
 
 a. In general. 
 
 § 18. Generally. 
 
 Constitutionality of statutes as to, see Con- 
 stitutional Law, § 151. 
 
 Presumption and burden of proof in action 
 against wife for necessaries furnished 
 wife while living with him. 47 L.R.A. 
 (N.S.) 279. 
 
 6. As to laws. 
 
 § 19. Generally. 
 
 Judicial notice as to, see supra, § 2. 
 
 § 20. Of otber state or country. 
 
 Presumption as to authority of notary pub- 
 lic of another state or country to ad- 
 minister an oath. L.R.A.1916A, 1169. 
 
 c. Exceptions or exemptions; defenses. 
 
 § 21. Generally. 
 
 Duty of insured to negative death or acci- 
 dent from accepted cause. 50 
 L.R.A.(N.S.) 1006. 
 Exceptions other than suicide. 50 
 
 L.R.A.(N.S.) 1007. 
 Suicide. 50 L.R.A. (N.S.) 1008. 
 Regulation of burden of proof by pro- 
 vision in policy. 50 L.R.A. (N.S.) 
 1011. 
 Burden of proof when the defense in an 
 action to recover for loss or injury to 
 goods during carriage is act of God or 
 vis major. L.R.A.1915D, 547. 
 
 d. Concerning persons. 
 
 1. Status, relations, or condition. 
 
 § 22. Generally. 
 
 Presumption as to death without issue. 4 
 B. R. C. 632. 
 
 Making prima facie case of responsibility 
 for negligence of driver of automobile 
 by proof of defendant's ownership of 
 car or employment of driver. 46 L.R.A. 
 (N.S.) 1091. 
 
 Presumption as to possibility of issue as 
 affecting property rights. 48 L.R.A. 
 (N.S.) 865. 
 
 EVIDENCE, III. i—confd. 
 
 S. Character; identity; marriage; di- 
 vorce. 
 
 § 25, Character. 
 
 Relevancy of evidence as to, see infra, XII. 
 
 c. 
 SuflSciency of evidence as to, see infra, 
 
 XIII. c. 
 
 Presumption and burden of proof as to 
 
 chastity where it is an ingredient 
 
 of the offense or a condition of 
 
 conviction. 43 L.R.A. (N.S.) 476. 
 
 Under statutes defining offense as one 
 
 against a female "of previous 
 
 chaste character." 43 L.R.A. 
 
 (N.S.) 477. 
 
 Under statutes defining offense as one 
 
 against a female "of good repute." 
 
 43 L.R.A.(N.S.) 480. 
 
 Under statutes defining offense in other 
 
 terms. 43 L.R.A.(N.S.) 481. 
 Under statutes making conviction con- 
 ditional upon a showing of certain 
 character in the prosecutrix. 43 
 L.R.A. (N.S.) 482. 
 Degree of proof required. 43 L.R.A. 
 (N.S.) 483. 
 Presumption as to good character of de- 
 fendant in criminal case. 46 L.R.A. 
 (N.S.) 342. 
 Right of accused to an instruction that 
 his character is good. 46 
 L.R.A.(N.S.) 343. 
 Where character has not been put 
 in issue by the evidence. 46 
 L.R.A.(N.S.) 343. 
 Where character has been put in 
 issue by the evidence. 46 
 L.R.A.(N.S.) 346. 
 Miscellaneous cases. 46 L.R.A. (N.S.) 
 346. 
 
 § 27. Marriage. 
 
 SuflSciency of evidence as to, see infra, § 
 295. 
 
 Presumption of marriage from habit and 
 repute. L.R.A.1915E, 33, 72. 
 
 Presumption of marriage from continued 
 cohabitation following removal of im- 
 pediment. L.R.A.1915E, 91. 
 
 Sufficiency of circumstantial evidence to im- 
 ply marriage. L.R.A.1915E, 60. 
 
 § 28. Presumption from niarriage 
 ceremony. 
 
 Presumptions flooring from marriage cere- 
 mony. L.R.A.1915E, 186. 
 
 § 29. Divorce. 
 
 Presumption from marriage ceremony as to 
 dissolution of previous marriage by di- 
 vorce. L.R.A.1915E, 186. 
 
 3. Death; survivorship; suicide. 
 
 % 24. As to legitimacy. § 30. Death. 
 
 Status of child begotten after divorce be- Presumption as to death of former spouse, 
 tween parents. 51 L.R.A. (N.S.) 308. L.R.A.1915E, 186. 
 
 Begin with this 'booJc on every law question. 
 
INDEX TO NOTES. 
 
 223 
 
 EVIDENCE, III. d, 3— cont'd. 
 Presumption of death from absence. L.E.A. 
 1915B, 729. 
 Presumption in general. L.R.A.JQISB, 
 729. 
 At common law. L.E.A. 1915B, 
 
 729. 
 Louisiana rule. L.R.A.1915B, 734. 
 Under statute. L.E.A.1915B, 735. 
 Kentucky, Missouri, and West 
 Virginia. L.E.A.1915B, 
 735 
 Texas. 'L.E.A.1915B, 736. 
 Mississippi. L.E.A.1915B, 737. 
 . New Jersey. L.R.A.1915B, 
 737. 
 Indiana. L.E.A.1915B, 737. 
 New York and South Dakota. 
 L.E.A.1915B, 738. 
 Circumstances strengtliening presump- 
 tion. L.E.A.1915B, 739. 
 Necessity of inquiry to raise presump- 
 tion. L.E.A.19"l5B, 740. 
 Failure to communicate accounted for, 
 
 L.E.A.1915B, 740. 
 Who must be without tidings. L.E.A. 
 
 1915B, 741. 
 Presumption rebuttable. •L.E.A.1915B, 
 741. 
 Admissibility of evidence in re- 
 buttal. L.E.A.1915B, 742. 
 SufiBciency of circumstances to re- 
 but presumption. L.E.A. 1915B, 
 743. 
 Burden of proof. L.E.A.1915B, 744. 
 Abridgment of time necessary to raise pre- 
 sumption of death. L.E.A.1915B, 
 744. 
 Time of death of one presumed dead in 
 the abridged period. L.E.A.1915B, 
 747. 
 Burden of proof. L.E.A.1915B, 748. 
 , Place from which absence must be shown in 
 order to raise presumption of 
 death. L.E.A.1915B, 749. 
 Place of residence in general. L.E.A. 
 
 1915B, 749. 
 EflFect of change of residence by miss- 
 ing person. L.E.A.1915B, 751. 
 Place from which absence must be 
 shown, as affected by change of 
 residence by third persons. L.E.A. 
 1915B, 752. 
 Presumption as to time of death of one pre- 
 sumed to be dead after seven years' 
 absence unheard of. L.E.A.1915B, 756. 
 Validity of by-law of mutual benefit society 
 refusing to pay indemnity upon pre- 
 sumption of death from seven years' 
 absence. L.E.A.1915B, 793. 
 
 4. Assent; authority; license. 
 
 g 33. Assent. 
 
 Presumption of consent of creditor to as- 
 sumption of debts on dissolution of 
 partnership. 48 L.E.A. (N.S.) 552. 
 
 § 34. Authority; agency. 
 
 Presumption and burden of proof as to 
 wife's agency for husband in securing 
 necessaries. 47 L.E.A. (N.S.) 279. 
 Consult also L.R.A. Digests to date. 
 
 I EVIDENCE, III. d, 4^-cont'd. 
 ' Making prima facie case of responsibility 
 for negligence of driver of automobile 
 by proof of defendant's ownership of 
 car, or employment of driver. 46 L.E.A. 
 (N.S.) 1091. 
 
 Burden of showing that use upon which an 
 easement by prescription is claimed was 
 permissive, and not under claim of 
 right. 44 L.E.A. (N.S.) 98. 
 
 Inferring from usage authority of insur- 
 ance agent to bind insured by trans- 
 ferring risk from one company to an- 
 other represented by agent. 51 L.E.A. 
 (N.S.) 539. 
 
 Implied authority of an agent for the sale 
 of personal property to warrant the 
 same. L.R.A.1916C, 412. 
 
 g 35. — of attorney. 
 
 Preai'-nption as to authority of attorney 
 to bind client by consent decree. 46 
 L.E.A.(N.S.) 753. 
 
 5. Knowledge; notice; sanity; capacity; 
 intent. 
 
 § 37. Knowledge or notice. 
 
 Presumption of notice from nature or word- 
 ing of telegram that negligence in re- 
 spect thereto might cause mental an- 
 gush. 49 L.E.A.(N.S.) 315. 
 
 g 38. Sanity; capacity. 
 
 Opinion evidence as to, see infra, §§ 190, 
 
 191. 
 Eelevancy of evidence as to, see infra, § 254. 
 Sufficiency of evidence as to, see infra, 
 
 § 316. 
 
 Presumption and burden of proof as to 
 
 sanity of witness. 46 L.E.A. (N.S.) 
 
 1030. 
 Presumption and burden of proof as to 
 
 sanity in criminal case. 44 L.E.A. 
 
 (N.S.) 119. 
 
 g 40. — of accused. 
 
 Sufficiency of evidence as to, see infra, 
 § 316. 
 
 Presumption and burden of proof as to 
 sanity in criminal cases. 44 L.E.A. 
 (N.S.) 119. 
 Presumption. 44 L.E.A. (N.S.) 120. 
 Burden of proof. 44 L.E.A. (N.S.) 121. 
 Declaration that burden rests with 
 accused. 44 L.E.A. (N.S.) 122. 
 Declaration that burden rests with 
 state. 44 L.E.A. (N.S.) 124. 
 Measure of proof. 44 L.E.A. (N.S.) 
 125. 
 Doctrine that defendant must es- 
 tablish insanity beyond a rea- 
 sonable doubt. 44 L.E.A. 
 (N.S.) 125. 
 Doctrine that defendant must es- 
 tablish insanity by a pre- 
 ponderance of evidence. 
 44 L.E.A. (N.S.) 126. 
 By fair preponderance. 44 
 L.E.A.(N.S.) 128. 
 
224 
 
 INDEX TO NOTES. 
 
 EVIDENCE, III. d, 5— cont'd. 
 
 To satisfaction of jury. 44 
 
 L.R.A.(N.S.) 128. 
 To belief of jury. 44 L.E.A. 
 
 (N.S.) 129. 
 Must clearly prove. 44 L.R.A. 
 
 (N.S.) 129. 
 Doctrine that defendant need only 
 raise reasonable doubt as to 
 his sanity. 44 L.R.A. (N.S.) 
 130. 
 
 § 41. Intent. 
 
 Parol evidence as to, see infra, § 166. 
 Relevancy of evidence as to, see infra, § 
 255. 
 
 Intent of one purchasing goods with knowl- 
 edge that he cannot pay for them. 44 
 L.R.A.(N.S.) 21. 
 
 Presumption and burden of proof in action 
 on insurance policy exempting insurer 
 or limiting its liability in case of in- 
 jury intentionally inflicted by another. 
 48 L.R.A.(N.S.) 524. 
 
 § 42. —of testator. 
 
 Presumption as to testator's intent to a- 
 deem general legacy by gift. L.R.A. 
 191&C, 618. 
 Presumption of satisfaction of debt by 
 legacy or devise to creditor. L.R.A. 
 1915B, 1156. 
 Rule in general. L.R.A.1915B, 1157. 
 Rule as affected by relationship of lega- 
 tee or devisee to testator. L.R.A. 
 1915B, 1160. 
 Rule as affected by sufBciency or in- 
 sufficiency of assets. L.R.A.1915B, 
 1161. 
 Rule as affected by equality or in- 
 equality of distribution. L.R.A. 
 1915B, 1162. 
 Reasons for and dissatisfaction with 
 
 rule. . L.R.A.1915B, 1163. 
 Exceptions to and application of rule, 
 L.R.A.1915B, 1164. 
 Difference in nature" or interest in 
 general. L.R.A.1915B, 1164. 
 Where purpose of legacy is ex- 
 pressed. L.R.A. 1915B, 
 1167. 
 Express declaration as to one 
 of several legacies or de- 
 vises. L.R.A.1915B, 1169. 
 Direction for payment of debts, 
 
 L.R.A.1915B, 1169. 
 Unliquidated indebtedness. L.R.A. 
 
 1915B, 1172. 
 Indebtedness contrasted after mak- 
 ing of will. L.R.A.1915B, 
 1173. 
 Legacy less beneficial than debt — in 
 
 general. L.R.A.1915B, 1173. 
 
 Legacy smaller in amount than 
 
 debt. L.R.A.1915B, 1173. 
 
 Pro tanto satisfaction. L.R.A. 
 
 1915B, 1173. 
 
 Contingent legacy or debt. L.R.A. 
 
 1915B, 1174, 
 
 Begin with this 'book on every law question. 
 
 EVIDENCE, III. d, 5— cont'd. 
 
 Indebtedness based on negotiable 
 
 instrument. L.R.A.1915B, 
 
 1174. 
 Trust debts. L.R.A.1915B, 1175. 
 Difference in time of payment. 
 
 L.R.A.1915B, 1175. 
 Specific legacies. L.R.A.1915B, 
 
 1176. 
 Devise of land. L.R.A.1915B, 1176. 
 Legacy to third party. L.R.A. 
 
 1915B, 1177. 
 Miscellaneous. L.R.A.1915B, 1177. 
 Admissibility of parol evidence to 
 create or rebut presumption. L.R.A. 
 1915B, 1178. 
 Miscellaneous. L.R.A.1915B, 1179. 
 
 6. Malice; motive; probable cause. 
 
 § 43. Malice. 
 
 Presumptions and burden of proof where 
 action for defamation is brought in 
 respect to statements made in character 
 of witness. 4 B. R. C. 971. 
 
 7. Fraud or good faith; undue influ- 
 ence. 
 
 § 47. Frand generally. 
 
 Relevancy of evidence as to, see infra, § 
 259. 
 
 Power of legislature to enact prima facie 
 rules of evidence as to fraud in crim- 
 inal cases. L.R.A.19150, 732, 733. 
 
 Of one purchasing goods with knowledge 
 that he cannot pay for them. 44 L.R.A. 
 (N.S.) 21. 
 
 Presumption from fact of immediate de- 
 parture from state after procuring di- 
 vorce. 44 L.R.A.(N.S.) 689. 
 
 Burden of proof where conveyance of wife's 
 real property to husband through a 
 third person is attacked. L.R.A.1915C, 
 771. 
 
 § 52. Undue influence. 
 
 Burden of proof as to undue influence in 
 conveyance or transfer of paoperty in 
 consideration of support of the grantor 
 or a third person. 52 L.R.A. (N.S.) 
 476. 
 
 Burden of proof where conveyance of wife's 
 real property to husband through a 
 third person is attacked. L.R.A.19150, 
 771. 
 
 /. Cause; continuance. 
 
 § 60. Cause. 
 
 Burden of proof when the defense in an 
 action to recover for loss or injury to 
 goods during carriage is act of God or 
 vis major. L.R.A.1915D, 547. 
 
 § 61. Continuance. 
 
 Presumption of continuance of marriage. 
 L.R.A.1915E, 186. 
 
INDEX TO NOTES. 
 
 225 
 
 EVIDENCE, Ul— cont'd. 
 g. Care; negligence; res ipsa loquitur, 
 1. Of ■person causing injury, 
 (a) In general. 
 
 § 62. Generally. 
 
 Relevancy of evidence as to, see Infra, XII. 
 
 evidence as to, see infra. 
 
 Sufficiency of 
 XIII. b. 
 
 Relation of doctrine res ipsa loquitur to 
 
 burden of proof. L.R.A.1916A, 930. 
 
 Rule that maxim does not change 
 
 burden. L.R.A.1916A, 930. 
 
 Various forms of stating rule. 
 
 L.R.A.1916A, 930. 
 Holding instructions prejudicially 
 erroneous. L.R.A.1916A, 932. 
 Holding instructions not preju- 
 dicially erroneous. L.E.A. 
 1916A, 933. 
 Upholding instructions or refusals 
 to instruct. L.K.A.1916A, 934. 
 Where presumption statutory. 
 L.R.A.1916A, 935. 
 Contrary rule. L.R.A.1916A, 935. 
 Cases in which the conflicting rules 
 have not been presented. L.R.A. 
 1916A, 936. 
 Conclusion. L.R.A.1916A, 938. 
 
 § 63. In case of injury by electricity. 
 
 Presumption of negligence from injury to 
 passenger, by escaping electricity. 
 L.R.A.1916C, 376. 
 
 § 64. Injury by explosion. 
 
 Applicability of rule res ipsa loquitur to 
 explosion of bottle. L.R.A.1916B, 1078. 
 
 Presumption of negligence from injury to 
 passenger by explosion. L.R.A.1916C, 
 377. 
 
 S 65. On elevator. 
 
 Presumption of negligence from injury to 
 passenger by elevator. L.R.A.1915B, 
 724; L.R.A.1916C, 378. 
 
 § 66. Of innkeeper. 
 
 Presumption of negligence from personal 
 injury to guest at inn. 43 L.R.A. 
 (N.S.) 662. 
 
 f 67. Of storekeeper. 
 
 A.pplicability of rule res ipsa loquitur as 
 between storekeeper and customer. 
 L.R.A.1915F, 577. 
 
 C6J Of carriers. 
 
 % 70. To passenger. 
 
 Apiplicability of doctrine of res ipsa loquitur 
 wiieie passenger is injured by instru- 
 mentality introduced by another pas- 
 senger. 3 B. R. C. 428. 
 
 Applicability of doctrine of res ipsa loquitur 
 where accident to passenger is occa- 
 sioned by skidding of vehicle. 3 B. R. 
 C. 97. 
 Consult also L.R.A. Digests to date. 
 
 43— '16F. 15 
 
 EVIDENCE, III. g, l—eont'd. 
 
 Presumption of negligence from injury to 
 passenger. L.R.A.1916C, 364. 
 The rule. L.R.A.1916C, 364. 
 Sufficiency of averments or proof. 
 L.R.A.1910C, 366. 
 Effect of cause clearly appearing. 
 
 L.R.A.1916C, 367. 
 Eifect of allegation of specific acts. 
 
 L.R.A.1916C, 368. 
 Derailments. L.R.A.lOieC, 371. 
 Act of God. L.R.A.1916C, 372. 
 
 Overturned stagecoach or car- 
 riage. L.E.A.1916C, 372. 
 Collisions. L.R.A.1916C, 372. 
 With car of another company. 
 
 L.R.A.1916C, 372. 
 With vehicles. L.R.A.1916C, 
 373 
 Sudden starts. L.R.A.1916C, 373. 
 Sudden stops. L.R.A.1916C, 374. 
 Jerks. L.R.A.1916C, 375. 
 Jolts. L.R.A.1916C, 376. 
 Curves. L.R.A.1916C, 376. 
 Escaping electricity. L.R.A.1916C, 
 
 376. 
 Explosions. L.R.A.1916C, 377. 
 Falling objects. L.R.A.1916C, 377. 
 Acts of employees. L.E.A.1916C, 
 
 377. 
 Ordinary operations. L.R.A.1916C, 
 377. 
 Cause of injury not within carrier's 
 
 control. L.R.A.1916C, 378. 
 Elevators. L.R.A.1916C, 378. 
 Decisions under statutes. L.R.A. 1916C, 
 379. 
 
 § 71. To freigkt or baggage. 
 
 Burden of proving negligence in case of 
 loss of hand baggage or other effects in 
 the custody or control of a passenger. 
 • L.R.A.1915B, 611.' 
 
 § 71a. ^in case of contract limiting 
 liability. 
 
 Presumption and burden of proof as to 
 carrier's negligence or lack of neg- 
 ligence in case of contract limiting 
 its liability. L.R.A.1915D, 644. 
 Burden on carrier. L.R.A.1915D, 645. 
 Fire. L.R.A.1915D, 647. 
 Live stock. L.R.A.1915D, 649. 
 Where shipper is in charge. 
 L.R.A.1915D, 653. 
 Burden on shipper. L.R.A.1915D, 653. 
 Fire. L.R.A.1915D, 656. 
 Live stock. L.R.A.1915D, 658. 
 Where shipper is in charge. 
 L.E.A.1915D, 659. 
 Breakage and leakage. L.R.A. 
 
 1915D, 662. 
 Owner's risk. L.R.A.1915D, 664. 
 Heat and cold. L.R.A.1915D, 664. 
 Decay and rust. L.R.A.1915D, 
 
 665. 
 Perils of navigation. L.R.A.1915D, 
 665. 
 Pennsylvania. L.R.A.1915D, 668. 
 Louisiana. " L.R.A.1915D, 669. 
 Tennessee. L.R.A.1915D, 670. 
 Statutory rule. L.R.A.1915D, 670. 
 
226 
 
 INDEX TO NOTES. 
 
 EVIDENCE, III. g, 1— cont'd. 
 
 Nebraska. L.E.A.1915D, 672. 
 Presumptions. L.RA.1915D, 673. 
 
 (c) Railroads; street railways. 
 § 72. Railroads. 
 
 § 73. — injury to livestock. 
 
 Negligence as to cattle guards. L.E.A. 
 1915B, 135. 
 
 § 75. Street railways. 
 
 In case of injury to one other than pas- 
 senger struck by object hurled by ear. 
 L.R.A.1915B, 1111. 
 
 (d) On highivay. 
 
 § 76. Generally. 
 
 Relevancy of evidence as to, see infra, § 
 267. 
 
 Burden of proof in action for injury re- 
 ceived through collision of automobile 
 and horse, or through horse becoming 
 frightened by automobile. 48 L.R.A. 
 (N.S.) 968. 
 Res ipsa loquitur in action for injury on 
 highway. 43 L.R.A. (N.S.) 591. 
 Defect in surface of highway. 43 L.R.A. 
 . (N.S.) 592. 
 Sinking or caving in of street. 43 
 
 L.R.A.(N.S.) 592. 
 Defective sidewalk. 43 L.R.A. 
 
 (N.S.) 592. 
 Coal holes, trapdoors. 43 L.R.A. 
 (N.S.) 593. 
 Obstruction in highway. 43 L.R.A. 
 
 (N.S.) 594. 
 Defective bridges. 43 L.R.A. (N.S.) 594. 
 Palling objects. 43 L.R.A. (N.S.) 594. 
 Falling walls. 43 L.R.A.(N.S.) 
 
 595. . 
 Falling of a portion of a structure. 
 
 43 L.R.A.(N.S.) 595. 
 Falling object from building in 
 course of erection. 43 L.R.A. 
 (N.S.) 596. 
 Falling tools. 43 L.R.A.(N.S.) 
 
 597 
 Falling glass. 43 L.R.A. (N.S.) 597. 
 Fall of snow and ice from roof. 43 
 
 L.R.A.(N.S.) 597. 
 Fall of lumber piled in street. 43 
 
 L.R.A.(N.S.) 597. 
 Falling parcels, etc. 43 L.R.A. 
 (N.S.) 598. 
 Explosion. 43 L.R.A. (N.S.) 599. 
 Injury to traveler by street car. 43 
 - L.R.A.(N.S.) 599. 
 By derailment of street car. 43 
 L'.R.A.(N.S.) 599. 
 Miscellaneous. 43 L.R.A. (N.S.) 599. 
 Negligence of railroad company operating 
 trains longitudinally along public 
 street. 49 L.R.A. (N.S.) 688. 
 
 (e) Of inaster. 
 
 § 77. Generally. 
 
 Pleading particular cause of injury as 
 waiver of right to rely on res ipsa 
 loquitur. L.R.A.1915F, n92. 
 
 EVIDENCE, III. g, I— cont'd. 
 
 Unexplained starting of machinery as evi- 
 dence of negligence. 44 L.R.A. (N.S.)' 
 1050. 
 
 (f) Miscellaneous. 
 
 § 79. Generally. 
 
 Application of rule of res ipsa loquitur in; 
 case of fall of wall of building left 
 standing after fire. L.R.A.1915C, 709. 
 Presumption of negligence from personal in- 
 jury to guest at inn. 43 L.R.A.(N.S.) 
 662. 
 Presumption and burden of proof as to- 
 
 care or negligence in respect to 
 
 subject of bailment. 43 L.R.A. 
 
 (N.S.) 1168. 
 Prima facie case and burden of proof 
 
 in general. 43 L.R.A.(N.S.) 1171. 
 Presumption as affected by class of 
 
 bailment. 43 L.R.A. (N.S.) 1175. 
 Presumption in case of loss of bailee's 
 
 property at same time. 43 L.R.A. 
 
 (N.S.) 1175. 
 Lack of exclusive possession or special 
 
 knowledge on part of bailee. 43 
 
 L.R.A.(N.S.) 1175. 
 Warehousemen generally. 43 L.R.A> 
 
 (N.S.) 1176. 
 Destruction or injury of property by 
 
 fire. 43 L.R.A. (N.S.) 1178. 
 Theft of property.. 43 L.E.A. (N.S.) 
 
 1179. 
 Loss or damage in case of hire or loan 
 
 of horses and carriages. 43 L.R.A. 
 
 (N.S.) 1181. 
 Loss or injury in cases of agistment, 
 
 ' 43 L.R.A.(N.S.) 1186. 
 Damage or loss by floods. 43 L.R.A. 
 
 (N.S.) 1187. 
 Fall of building. 43 L.R.A. (N.S.) 1187. 
 Sinking of or injury to vessel. 43 
 
 L.R.A.(N.S.) 1188. 
 Damage to goods in cold storage. 43 
 
 L.R.A. (N.S.) 1188. 
 Embezzlement or disappearance of 
 
 property while in possession of 
 
 bank as bailee. 43 L.R.A. (N.S.) 
 
 1190. 
 Injury to or escape of slaves. 43 
 
 L.E.A.(N.S.) 1191. 
 Statutory provisions. 43 L.R.A. (N.S. > 
 
 1193. 
 
 2. Contributory negligence, 
 (a) In general. 
 
 § 80. Generally. 
 
 Relevancy of evidence as to, see infra, § 269. 
 
 Presumption and burden of proof as to effect 
 of intoxication. 47 L.R.A. (N.S.) 740. 
 
 § 81. Of person killed by another's 
 negligence. 
 
 Presumption and burden of proof as to neg- 
 ligence of person injured by trains 
 operated longitudinally along public 
 street. 49 L.R.A. (N.S.) 688. 
 
 Begin with this boole on every law question. 
 
INDEX TO NOTES. 
 
 227 
 
 EVIDENCE. III. g, 2— cont'd, 
 (h) On highway. 
 
 § 82. Generally. 
 
 Burden of proof as to contributory negli- 
 gence in action against municipality on 
 account of defects and obstructions in 
 streets. 48 L.R.A.(N.S.) 639. 
 
 Presumption and burden of proof as to neg- 
 ligence of person injured by trains 
 operated longitudinally along public 
 street. 49 L.B,.A.(N.S.) 688. . 
 
 i. As to rights, contracts, instimtnents, 
 and property. 
 
 1. In general. 
 
 % 89. Generally. 
 
 Relevancy of evidence as to contracts, see 
 
 infra, XII. 1. 
 SufSciency of evidence as to contracts, see 
 
 infra, XIII. f. 
 
 Presumption that contract was not within 
 statute of frauds or was in writing 
 where complaint is silent on that ques- 
 tion. 49 L.R.A.(N.S.) 6. 
 
 Burden of proof in action for specific per- 
 formance of contract to leave property 
 to child in consideration of his living 
 with promisor. 44 L.R.A.(N.S.) 769. 
 
 Burden of proof in action to recover sub- 
 scription to charity. 48 L.R.A. (N.S.) 
 813. 
 
 Burden of proving secondary contract abro- 
 gating or altering prior contract. 
 L.R.A.1915B, 68. 
 
 2. Different instruments. 
 
 § 95. Bills and notes. 
 
 Parol evidence as to, see infra, VII. f. 
 
 Effect of production of bill or note not 
 transferable by delivery to establish 
 prima facie plaintiff's title ^o note. 
 50 L.E.A.(N.S.) 581. 
 
 § 100. Deeds. 
 
 Burden of proof that instrument importing 
 absolute conveyance was intended as a 
 mortgage. L.R.A.1916B, 185. 
 
 Burden of proof where conveyance of wife's 
 real property to husband through a 
 third person. L.E.A.1915C, 771. 
 
 § 101. —of delivery. 
 
 Possession of deed by grantor at his death 
 
 as negativing delivery to grantee. 
 
 44 L.R.A. (N.S.) 528. 
 Presumption, generally. 44 L.R.A. 
 
 (N.S.) 529. 
 Possession as evidence, in connection 
 
 with other evidence of nondelivery. 
 
 44 L.R.A. (N.S.) 529. 
 Effect of attestation clause stating that 
 
 deed was delivered. 44 L.R.A. 
 
 (N.S.) 532. 
 Where grantor was natural custodian. 
 
 44L.R.A.(N.S.) 532. 
 Consult also L.R.A.. Digests to date. 
 
 EVIDENCE, III. i, 2—confd. 
 
 Presumption of nondelivery not conclu- 
 sive. 44 L.R,A.(N.S.) 534. 
 
 Facts showing delivery, though grantor 
 had possession of deed at his death. 
 44 L.R.A.(N.S.) 534. 
 
 Evidence not sufficient to overcome pre- 
 sumption of nondelivery. 44 
 L.R.A.(N.S.) 536. 
 
 § 101a. Mortgage. 
 
 Burden of proof that instrument importing 
 absolute conveyance was intended as a 
 mortgage. L.R.A.1916B, 185. 
 
 Presumption that mortgage is for purchase 
 price of land and is a part of transac- 
 tion of purchase as against widow's 
 claim of dower. 52 L.R.A. (N.S.) 554. 
 
 § 102. Wills. 
 
 As to testator's intent, see supra, § 42. 
 Sufficiency of evidence as to wills, see infra,. 
 XIII. g. 
 
 Presumption of regularity where attesting- 
 witnesses have forgotten circumstances 
 attending execution of will. 51 L.R.A. 
 (N.S.) 927. 
 
 § 103. — revocation. 
 
 As to revocation of missing will. 50 L.R.A. 
 (N.S.) 864. 
 Nature of proof required to rebut pre- 
 sumption. 50 L.R.A.(N.S.) 867. 
 Declarations. 50 L.R.A.(N.S.) 867. 
 
 § 103a. Insurance policy. 
 
 Sufficiency of evidence as to, see infra, § 311. 
 
 Presumption and burden of proof in action 
 on insurance policy exempting insurer 
 or limiting its liability in case of in- 
 jury intentionally inflicted by another. 
 48 L.R.A.(N.S.) 524. 
 
 3. Ownership; title; possession; occu- 
 pation. 
 
 § 104. Generally. 
 
 Relevancy of evidence as to, see infra, § 
 
 281. 
 
 Burden of showing that use upon which an 
 easement by prescription is claimed was 
 permissive, and not under claim of 
 right. 44 L.R.A. (N.S.) 98. 
 
 § 105. Presumption from possession. 
 
 Presumption as to assignment of lease 
 where leased property is in possession 
 of one other than the lessee. 52 L.R.A. 
 (N.S.) 986. 
 Effect of production of bill or note not 
 transferable by delivery, to estab- 
 lish prima facie plaintiff's title to 
 note. 50 L.R.A.(N.S.) 581. 
 Possession of paper payable to order,, 
 but not indorsed by the payee or 
 special indorsee. 50 L.R.A. (N.S.) 
 582. 
 Presumption as between payee and 
 stranger in possession. 50 L.R.A. 
 (N.S.) 588. 
 
228 
 
 INDEX TO NOTES. 
 
 EVIDENCE, III. i, 3— cont'd. 
 
 Possession by payee or indorser, or his 
 
 personal representative. 50 L.E.A. 
 
 (N.S.) 588. 
 Payment to stranger in possession as 
 
 release of maker or indorser. 50 
 
 L.R.A.(N.S.) 589. 
 Non-negotiable paper. 50 L.E.A. (N.S.) 
 
 590. 
 Conclusion. 50 I,.R.A.(N.S.) 591. ' 
 
 j. Payment; value. 
 
 § 106. Payment. 
 
 Applicability of presumption of payment 
 from lapse of time as against sovereign 
 or governmental body. L.R.A.1916B, 
 739. 
 
 fc. Miscellaneous civil matters. 
 
 § 108. Generally. 
 
 Presumption as to pecuniary loss in statu- 
 . tory action for death. L.E.A.1916E, 
 144. 
 Burden of proof as to applicability of Fed- 
 eral employers' liability act. L.R.A. 
 1915C, 64. 
 Burden of proof in action between owner 
 and contractor as to claims of mechan- 
 ics and materialmen paid by owner. 
 ' 44 L.R.A.{N.S.) 80. 
 Presumption and burden of proof in action 
 against notary or other officer for 
 wrong or negligence in certifying to 
 acknowledgment or afSdavit. 49 L.R.A. 
 (N.S.) 50. 
 Presumption and burden of proof as to men- 
 tal anguish in case of negligence in 
 respect of telegrams. 49 L.R.A. (N.S.) 
 283. 
 Burden of proving that telegram would 
 have accomplished its purpose in ac- 
 tion for mental anguish for negligence 
 in transmission of telegram. 49 L.E.A. 
 (N.S.) 258. 
 Presumption that a train, which it would 
 have been necessary to take in order 
 that telegram might accomplish its 
 purpose, ran on schedule time in action 
 for damages for mental anguish for 
 failure to deliver telegtam. 49 L.E.A. 
 (N.S.) 265. 
 Presumption as to receipt of communication 
 sent through mail. 49 L.R.A. 
 (N.S.) 458. 
 Presumption as to receipt of communi- 
 cation. 49 L.E.A.(N.S.) 458. 
 Nature of presumption. 49 L.E.A. 
 
 (N.S.) 461, 
 Necessary elements. 49 L.R.A. 
 (N.S.) 461. 
 Proper address. 49 L.R.A. 
 
 (N.S.) 462. 
 Prepayment of postage. 49 
 
 L.R.A.(N.S.) 462. 
 Deposit in mail. 49 L.R.A. 
 (N.S.)_ 462. 
 Inference of existence of elements 
 from general terms. 49 
 L.R.A.(N.S.) 462. 
 
 EVIDENCE, III. k— cont'd. 
 
 "Mailing." 49 L.E.A.(N.S.) 
 
 462. 
 "Sending." 49 L.R.A. (N.S.) 
 463. 
 Inference of existence of elements 
 from certain facts. 49 
 L.R.A.(N.S.) 463. 
 From the regular course of 
 business in a mercan- 
 tile establishment. 49 
 L.R.A.(N.S.) 463. 
 Inference of proper ad- 
 dress. 49 L.R.A. 
 (N.S.) 463. 
 Inference of prepayment 
 of postage. 49 L.R.A. 
 (N.S.) 463. 
 Inference of deposit in 
 mail. 49 L.R.A. (N.S.) 
 463. 
 From the custom of an indi- 
 vidual. 49 L.R.A. 
 (N.S.) 464. 
 Inference of deposit in 
 mail. 49L.R.A.(N.S.) 
 464. 
 What constitutes proper address. 
 
 49 L.R.A.(N.S.) 464. 
 Presumption of receipt by one who 
 has removed to a new address. 
 49 L.R.A.(N.S.) 464. 
 Under statute. 49 L.R.A.(N.S.) 
 
 465. 
 Corroboration of presumption. 49 
 L.R.A.(N.S.) 465. 
 Presumption as to receipt of communi- 
 cation in due course of mail. 
 49 L.R.A.(N.S.) 465. 
 Facts necessary for computation of 
 time of receipt. 49 L.R.A. 
 (N.S.) 466. 
 Date of mailing. 49 L.R.A. 
 
 (N.S.) 466. 
 Usual time required for trans- 
 portation between same 
 points. 49 L.R.A.(N.S.) 
 466. 
 Under statute. 49 L.R.A. (N.S.) 
 
 467. 
 Corroboratioil of presumption. 49 
 L.R.A.(N.S.) 467. 
 Rebuttal of presumption. 49 L.R.A. 
 (N.S.) 467. 
 Submission of issue to trier of fact. 
 
 49 L.R.A.(N.S.) 468. 
 Weight and sufficiency of rebutting 
 evidence. 49 L.R.A. (N.S.) 469. 
 Under statute. 49 L.R.A. (N.S.) 
 470. 
 
 § 110. Reasonableness. 
 
 Burden of proof of confiscatory or unrea- 
 sonable rates established for public 
 service corporations. L.R.A.1915A, 57. 
 
 § 111. Matters between husband and 
 wife. 
 
 As to whether husband furnished wife with 
 suitable support. 47 L.R.A. (N.S.) 
 281. 
 
 Begin with this boole on every law question. 
 
INDEX TO NOTES. 
 
 229 
 
 EVIDENCE, III. k— cont'd. 
 
 Burden of proof where conveyance of wife's 
 real property to husband through a 
 third person is attacked. L.R.A.1915C, 
 771. 
 
 I. Criminal matters. 
 
 § 112. Generally. 
 
 Presumption as to character of accused, see 
 
 supra, § 25. 
 As to sanity of accused, see supra, § 40. 
 Relevancy of evidence as to, see infra, XII. 
 
 o. 
 Weight and sufficiency of evidence, see infra, 
 
 Xlll. i. 
 
 Power of legislature to enact prima facie 
 rules of evidence for criminal cases. 
 L.R.A.1915C, 717. 
 
 Presumption and burden of proof in prose- 
 cution for violation of hours of service 
 laws. L.E.A.1915D, 422. 
 
 Burden of proof of impotency or senility 
 set up as defense to prosecution for 
 rape. L.R.A.1915B, 133. 
 
 Presumption and burden of proof as to chas- 
 tity where it is an ingredient of the 
 offense or a condition of conviction. 
 43 L.R.A.(N.S.) 476. 
 
 Presumption as to voluntariness of confes- 
 sion. 50 L.R.A.(N.S.) 1081. 
 
 § 117. In prosecution for sale of li- 
 quor. 
 
 Sufficiency of evidence, see infra, § 327. 
 
 Power of legislature to enact prima facie 
 rules of evidence. L.R.A.i915C, 729. 
 
 "Near beer" or other local appellation, as 
 justifying inference as to intoxicating 
 or other statutory quality of liquor. 
 48 L.R.A.(N.S.) 315. 
 
 Inference as to spirituous, vinous, distilled, 
 malt, fermented, or intoxicating quality 
 of liquor, from its name. 48 L.E.A. 
 (N.S.) 302. 
 
 IV. Best and secondary evidence. 
 
 § 118. Generally. 
 
 Photograph as secondary evidence. 51 
 L.R.A.(N.S.) 849. 
 
 Proof of will where attesting witnesses have 
 forgotten circumstances attending its 
 execution. 51 L.R.A.(N.S.) 927. 
 
 Necessity and sufficiency of proof to ac- 
 count for nonproduction of will upon 
 application to probate it as a lost or 
 destroyed will. 50 L.R.A.(N.S.) 861. 
 
 Admissibility of newspaper files to prove 
 the publication or contents of an order 
 of publication. L.R.A.1915C, 690. 
 
 V. Documentary evidence, 
 a. In general. 
 
 § 122. Generally. 
 
 Documentary evidence as best evidence, see 
 supra, IV. 
 Consult also L.R.A. Digests to date. 
 
 EVIDENCE, V. a,— cont'd. 
 Recital in deed as evidence "of heirship. 45 
 L.R.A.(N.S.) 93. 
 
 Recent deeds. 45 L.R.A. (N.S.) 93. 
 
 Ancient deeds. 45 L.R.A. (N.S.) 94. 
 
 § 125. Documents taken from de- 
 fendant. 
 
 Admissibility against defendant of docu- 
 ments talcen from him. L.R.A.1915B, 
 834; L.R.A.1916E, 715. 
 
 6. Records, reports, and orders; legis- 
 lative journals. 
 
 § 126. Records. 
 
 Sufficiency of record offered to prove con- 
 viction or acquittal. L.R.A.1916B, 954. 
 
 Physician's private records or memoranda 
 as evidence of birth, death, etc. L.R.A. 
 1915F, 803. 
 
 Admissibility of entries in diary. 51 L.R.A. 
 (N.S.) 813. 
 
 § 130. Reports; orders. 
 
 Admissibility of reports by agent or em- 
 ployee to employer to prove fact in is- 
 sue. 47 L.R.A.(N.S.) 830. 
 
 c. Judgments; flnditigs; pleadings. 
 
 § 133. Findings. 
 
 Admissibility of finding of coroner to show 
 cause of death. 45 L.R.A. (N.S.) 404. 
 
 d. Depositions, former testimony, and 
 affidavits. 
 
 § 134. Generally. 
 
 As to former testimony, see infra, XI. k. 
 
 Admissibility of testimony or deposition 
 given in action for personal injury, 
 in another action growing out of 
 the same injury or accident, in 
 which the witness or deponent is 
 not availaiale. L.R.A.1916A, 990. 
 General principles and tests. L.R.A. 
 
 1916A, 990. 
 Offer by party against whom previous- 
 ly admitted. L.R.A.1916A, 991. 
 Against same party in both actions. 
 L.R.A.1916A, 991. 
 Identity of property, interest, gen- 
 erally. L.R.A.1916A, 991. 
 Analogy to res judicata or estop- 
 pel. L.R.A.1916A, 992. 
 Reciprocity or mutuality. L.R.A. 
 
 1916A, 992. 
 Identity of issues or parties de- 
 termined by inspection. L.R.A. 
 1916A, 992. 
 Identity of the particular issues 
 affected by the former evi- 
 dence. L.E.A.1916A, 995. 
 Admissibility after death of adversary of 
 deposition of party taken before form- 
 er's death and relating to a personal 
 transaction with him. L.R.A.1915F, 
 771. 
 
•230 
 
 INDEX TO NOTES. 
 
 EVIDENCE, Y.-r-cont'd. 
 
 e. Memoranda; receipts. 
 
 § 135. Memoranda. 
 
 Scope and effect of statutes making compe- 
 tent entries and memoranda of deceased 
 person. 44 L.E.A.(N.S.) 28. 
 
 Admissibility of entries in diary. 51 L.R.A. 
 (N.S.) 813. 
 
 Physician's private memoranda as evidence 
 of birth, death, etc. L.R.A.1915F, 803. 
 
 /. Letters; telegrams. 
 
 § 137. Letters. 
 
 Letters identified only by prosecutrix as cor- 
 roboration of her testimony to prove 
 seduction or rape. 49 L.R.A.(N.S.) 
 1198. 
 
 gr, Account booTcs. 
 
 § 139. Generally. 
 
 Admissibility of card index or loose-leaf 
 system of accounts. L.R.A.1916B, 634. 
 
 fc. Miscellaneous documents. 
 
 § 148. Generally. 
 
 Use of photographs of documents as evi- 
 dence. 51 L.R.A.(N.S.) 857. 
 
 Admissibility of entries in diarv. 51 I/.R.A. 
 (N.S.) 813. 
 
 Admissibility of abstract under the Torrens 
 Law. L.R.A.1916D, 40. 
 
 I. For purposes of comparison. 
 
 % 149. Generally. 
 
 Opinion evidence as to handwriting or type 
 writing, see supra, VIII. h. 
 
 Pinger prints as evidence. 43 L.R.A. (N.S.) 
 
 1206. 
 Use of photographs of documents for. 51 
 
 L.R.A. (N.S.) 857. 
 
 TI. Demonstrative evidence; articles 
 and things; view of jury. 
 
 § 151. Generally. 
 
 Physical examination of party, see Dis- 
 covery AXD Inspection, § 5. 
 
 dinger prints as evidence. 43 L.R.A. (N.S.) 
 1206; 3 B. R. C. 70. 
 
 § 153. Things taken from accused. 
 
 Admissibility against defendant of docu- 
 ments or articles taken from him. 
 L.R.A.1915B, 834; L.R.A.1916E, 715. 
 
 § 156. Photographs. 
 
 In general. 51 L.R.A. (N.S.) 843. 
 Preliminary proof. 51 L.R.A. (N.S.) 843. 
 Necessity for showing accuracy. 51 
 
 L.E.A.(N.S.) 843. 
 Effect of time of taking. 51 L.R.A. 
 
 (N.S.) 844. 
 Effect of change in conditions. 51 
 L.R.A.(N.S.) 846. 
 
 Begin unth this hooTc on every law question. 
 
 EVIDENCE, Yl.— cont'd. 
 
 Sufficiency of proof of correctness. 51 
 
 L.R.A.(N.S.) 846. 
 Discretion of court. 51 L.R.A.(N.S.) 
 848. 
 As secondary evidence. 51 L.R.A. (N.S.) 
 
 849. 
 Of persons. 51 L.R.A. (N.S.) 850. 
 In general. 51 L.R.A. (N.S.) 850. 
 For identification. 51 L.R.A. (N.S. ) 851. 
 Of part of body. 51 L.R.A. (N.S.) 852. 
 Of places. 51 L.R.A.(N.S.) 853. 
 
 Scene of accident. 61 L.R.A. (N.S.) 
 853. 
 Railroad wrecks. 51 L.R.A.(N.S.) 
 
 855. 
 Showing repairs after accident. 51 
 L.R.A.(N.S.) 855. 
 Scene of crime. 51 L.R.A. (N.S.) 856. 
 Of attempted reproduction of scene. 51 
 L.R.A.(N.S.) 856. 
 Of documents. 51 L.R.A. (N.S.) 857. 
 In general. 51 L.R.A. CN.S.) 857. 
 For comparison. 51 L.R.A. (N.S.) 857. 
 Enlarged copies of handwriting. 51 
 L.R.A.(N.S.) 857. 
 Of other things. 51 L.R.A. (N.S.) 858. 
 Extraneous matter on photographs. 51 
 
 L.R.A.(N.S.) 858. 
 X-ray photographs. 51 L.R;k.(N.S.) 858. 
 
 § 159. View of jury. 
 
 Unauthorized view by juror or jury as 
 ground for new trial or reversal. 
 L.E.A.1915B, 703. 
 
 VII. Parol and extrinsic evidence as to 
 • writing. 
 
 a. In general. 
 
 § 160. Generally. 
 
 Parol evidence as best or secondary, see 
 
 supra, IV. 
 Statute of frauds generally, see Contracts, 
 
 n. g. 
 
 As to wills, see Wills, § 61. 
 
 Consideration of extrinsic evidence to show 
 unconstitutionality of statute. L.R.A. 
 193 5D, 458. 
 Parol evidence to vary or supplement min- 
 utes of public body. 50 L.R.A. 
 (N.S.) '99. 
 Admissibility to contradict record. 50 
 L.R.A.(N.S.) 100. 
 By showing action taken was dif- 
 ferent from that recorded. 50 
 L.R.A. (N.S.) 100. 
 By showing that no action was 
 taken. 50 L.R.A.(N.S.) 102. 
 By showing custom. 50 L.R.A. 
 
 (N.S.) 302. 
 By showing motive or intention. 
 50 L.R.A.(N.S.) 102. 
 Admissibility to explain record or sup- 
 ply evident omissions. 50 L.R.A. 
 (N.S.) 103. 
 Admissibility to add to record. 50 
 L.R.A.(N.S.) 304. 
 Under statute requiring record. 50 
 L.R.A.(N.S.) 105. 
 
INDEX TO NOTES. 
 
 231 
 
 EVIDENCE, VII. a.— cont'd. 
 
 On behalf of creditora of public 
 
 bodies. 50 L.R.A.(N.S.) 106. 
 
 Admissibility of extrinsic evidence as to 
 
 time for delivery of goods where none 
 
 is specified in •written contract. L.K.A. 
 
 1916B, 1039. 
 
 •§ 160a. Applicability oi rule exclud- 
 ing parol evidence to vary a nrrit- 
 ten contract in favor of or 
 against a stranger to the con- 
 tract. 
 Jn -eneral. L.R.A.1916A, 592. 
 
 Admissibility on behalf of stranger. 
 
 L.R.A.1916A, 592. 
 Deeds and conveyances. L.R.A. 
 
 1916A 592 
 Mortgages.' L.R.A.1916A, 594. 
 Leases. L.R.A.1916A, 595. 
 Bills of sale. L.E.A.1916A, 596. 
 Insurance policies. L.R.A.1916A, 
 
 596. 
 Negotiable instruments. L.R.A. 
 
 1916A, 597. 
 Receipts. L.R.A.1916A, 597. 
 Judicial records. L.R.A. 1916A, 
 
 598. 
 Contracts of sale., L.R.A. 1916A, 
 
 598. 
 Partnership contracts. L.R.A. 
 
 1S16A, 599. 
 Conditional sales. L.R.A.1916A, 
 
 599. 
 Assignments. L.R.A.1916A, 599. 
 Building and construction con- 
 tracts. L.R.A.1916A, 600. 
 Options. L.R.A.1916A, 600. 
 Releases. L.R.A.1916A, 600. 
 Bonds. L.R.A.1916A, 601. 
 Miscellaneous. L.R.A. 1916A, 601. 
 -Admissibility against stranger. L.R.A. 
 
 1916A, 603. 
 Deeds and conveyances. L.R.A. 
 
 1916A, 604. 
 Mortgages. L.R.A.1916A, 606. 
 Leases. L.R.A.1916A, 606. 
 Bills of sale. L.R.A.1916A, 607. 
 Insurance policies. L.R.A.1916A, 
 
 607. 
 Negotiable instruments. L.R.A. 
 
 1916A, 608. 
 Receipts. L.R.A.1916A, 608. 
 Judicial records. L.R.A.1916A, 
 
 608. 
 Contracts of sale. L.R.A.1916A, 
 
 609. 
 Partnership contracts. L.R.A. 
 
 1916A, 610. 
 Conditional sales. L.R.A.1916A, 
 
 610. 
 Assignments. L.R.A.1916A, 610. 
 Building and construction con- 
 tracts. L.R.A.1916A, 611. 
 Options. L.R.A.1916A, 611. 
 Releases. L.R.A.1916A, 611. 
 Bonds. L.R.A.1916A, 612. 
 Miscellaneous. L.R.A.1916A, 612. 
 Who is a party. L.R.A.1916A, 613. 
 Where contract is basis of stranger's claim. 
 L.R.A.1916A, 615. 
 Consult also L.R.A. Digests to date. 
 
 EVIDENCE, VII.— cont'd. 
 6. Custom. 
 
 § 161. Generally. 
 
 Parol evidence of custom to vary or sup- 
 plement minutes of public body. 50 
 L.R.A.(N.S.) 102. 
 
 Extrinsic evidence of custom or usage as 
 to time for delivery of goods where 
 none is specified in written contract. 
 L.R.A.1916B, 1040. 
 
 c. Prior and collateral parol agree- 
 ments. 
 
 § 162. Generally. 
 
 Admissibility of parol evidence that pay- 
 ment agreed in writing to be made was 
 to be made by note. 3 B. R. C. 77. 
 Admissibility of parol evidence to affect 
 scope of covenants in a conveyance 
 of real property. L.R.A.1916E, 
 221. 
 Exceptions to general rule. L.R.A. 
 1916E, 227. 
 
 e. Meaning ; intention; explanation. 
 
 § 166. Intention. 
 
 Presumption and burden of proof as to, 
 
 see supra, § 41. 
 Relevancy of evidence as to, see infra, § 
 
 255. 
 Sufficiency of evidence as to, see infra, § 
 
 299. 
 Parol evidence that deed was intended to 
 
 operate as a mortgage or pledge, see 
 
 infra, § 182. 
 
 Admissibility of parol evidence to show to 
 which indorsement qualifying words be- 
 long. 49 L.R.A.(N.S.) 789. 
 
 Admissibility of parol evidence as to mo- 
 tive or intention to contradict minutes 
 of public body. 50 L.R.A.(N.S.) 102. 
 
 g 167. —of testator. 
 
 Presumption and burden of proof as to, see 
 supra, § 42. 
 
 Admissibility of extrinsic evidence as to 
 whether omission of child from will 
 was intentional. 51 L.R.A. (N.S.) 
 646. 
 
 Admissibility of parol evidence to create or 
 rebut presumption of satisfaction of 
 debt by legacy or devise to creditor. 
 L.R.A.1915B, 1178. 
 
 As to testator's intent to adeem general 
 legacy by gift.- L.R.A.1916C, 618. 
 
 § 168. To aid construction and ex- 
 plain ambiguities. 
 
 Admissibility, under rule that parol evi- 
 dence is admissible to explain ambigui- 
 ties, of parol evidence that written 
 instrument importing an absolute con- 
 veyance was intended as a mortgage 
 or pledge. L.E.A.1916B, 64. 
 
232 
 
 INDEX TO NOTES. 
 
 EVIDENCE, Yll— cont'd. 
 
 f. As to commercial paper. 
 
 g 169. Generally. 
 
 Presumption and burden of proof aa to, see 
 supra, § 95. 
 
 Applicability of rule excluding parol evi- 
 dence to vary contract in favor of or 
 a,gainst a stranger to the contract. 
 L.R.A.1916A, 597, 608. 
 
 Admissibility of parol evidence to shovf to 
 which indorsement qualifying v\fords be- 
 long. 49 L.R.A.(N.S.) 789. 
 
 § 172. Character of parties to. 
 
 Eight of agent to show that a note signed 
 by him apparently as obligor was not 
 to be delivered until words indicating 
 representative capacity had been added 
 to his signature. L.R.A.1915A, 590. 
 
 § 173. Conditions in. 
 
 Eight of agent to show that a note signed 
 by him apparently as obligor was not 
 to be delivered until words indicating 
 representative capacity had been added 
 to his signature. L.E.A.19r5A, 590. 
 
 g. As to consideration. 
 
 § 175. Generally. 
 
 Admissibility, under rule admitting parol 
 evidence to show real consideration of 
 contract, of parol evidence that writ- 
 ten instrument importing an absolute 
 transfer of title was intended as a 
 mortgage or pledge. L.E.A.1916B, 63. 
 
 h. Fraud; surprise; m,istake; omis- 
 sions. 
 
 § 177. Fraud; surprise; mistake. 
 
 Presumption and burden of proof as to 
 
 fraud, see supra, § 47. 
 Eelevancy of evidence as to fraud, see infra, 
 
 § 259. 
 
 § 178. —to correct description of 
 land. 
 
 Parol evidence to correct misdescription of 
 land in will. L.E.A.1915E, 1008. 
 
 t. Condition; trust; mortgage. 
 
 § 180. Condition. 
 
 in bill or note, see supra, § 173. 
 
 Eight of an agent to show that a contract 
 signed by him apparently as obligor 
 was not to be delivered until words 
 indicating representative capacity had 
 been added to his signature. L.E.A. 
 1915A, 590. 
 
 § 182. Mortgage. 
 
 Parol evidence that a written instrument 
 which on its face imports a com- 
 plete transfer of a legal or equi- 
 table estate or interest in prop- 
 erty was intended to operate as a 
 mortgage or pledge. L.E.A.1916B, 
 18. 
 
 Begin lAntfi this booTc on every low question. 
 
 EVIDENCE, VII. i— cont'd. 
 
 Introductory. L.E.A. 1916B, 27. 
 
 Descriptions of instruments ili 
 respect of which the admissi- 
 bility of parol evidence has- 
 been predicated. L.E.A.1916B, 
 28. 
 Oral agreement made by agent in 
 excess of authority. L.E.A. 
 1916B, 30. 
 Conflict of laws. L.E.A.1916B, 30. 
 Considerations applicable to viritten in- 
 struments of every descrip- 
 tion. L.E.A.1916B, 31. 
 Where some special ground of 
 equity jurisdiction is relied 
 upon. L.E.A.1916B, 31. 
 Fraud. L.R.A.1916B, 31. 
 Accident and mistake. L.E.A. 
 
 1916B, 38. 
 Undue advantage. L.E.A.1916B, 
 
 39. 
 Loss of instruments. L.R.A.1916B,. 
 
 40. 
 Doctrine that parol evidence is ad- 
 missible only in cases where 
 relief is sought on one of the- 
 foregoing grounds. L.E.A. 
 1916B, 40. 
 Evidence relevant to show the true- 
 character of the transaction 
 in cases where fraud, etc., i» 
 alleged. LE.A.1916B, 41. 
 Quality of evidence where fraud,^ 
 etc., is relied upon. 
 L.E.A.1916B, 41. 
 To explain an obscure statement. 
 
 L.E.A.1916B, 43. 
 To prove usury. L.E.A.1916B, 43. 
 Unrestricted doctrine as to the compe- 
 tency of parol evidence. 
 L.E.A.1916B, 47. 
 Doctrine not applicable, generally 
 speaking, except to show that 
 a given transaction was a. 
 mortgage. L.E.A.1916B, 49. 
 Rationale of the unrestricted doc- 
 trine. L.E.A.19a6B, 5S. 
 Theory that the basis of the 
 doctrine is constructive or 
 quasi fraud. L.E.A. 
 
 1916B, 56. 
 Grounds upon which the doc- 
 trine has been reconciled 
 with the rule which for- 
 bids the introduction of 
 parol evidence to vary the- 
 terms of a written con- 
 tract. L.E.A.1916B, 60. 
 Points of contact between the- 
 restricted and unrestrict- 
 ed doctrines. L.E.A. 
 1916B, 68. 
 Unrestricted doctrine considered 
 with reference to certain 
 statutes. L.E.A.1916B, 
 
 69. 
 Statutes defining mortgages. 
 L.E.A.1916E, 69. 
 
INDEX TO NOTES. 
 
 233 
 
 EVIDENCE, VII. i— cont'd. 
 
 Statutes providing in general 
 terms that true character 
 of transaction may be 
 proved by extrinsic evi- 
 dence. L.E.A.1916B, 70. 
 Enactments embodying the un- 
 restricted doctrine. L.R.A. 
 1916B, 71. 
 Enactments abrogating the 
 doctrine either vsrholly or 
 partially. L.R.A.1916B, 
 71. 
 Statute of frauds, doctrine 
 not affected by. L.R.A. 
 1916B, 71. 
 Doctrine adopted by the English courts. 
 L.E.A.1916B, 71. 
 Decisions rendered with reference 
 to contracts made before the 
 statute of frauds came into 
 force. L.R.A.1916B, 71. 
 Decisions rendered with refer- 
 ence to contracts made after 
 the statute of frauds came 
 into force. L.R.A.1916B, 73. 
 Admissibility of parol evidence in 
 actions at law. L.E.A.1916B, 
 75. 
 Doctrines adopted by the American 
 
 courts. L.R.A.1916B, 76. 
 Doctrine adopted in the British Posses- 
 sions. L.R.A.1916B, 111. 
 Doctrines applied in civil law jurisdic- 
 tions. L.E.A.1916B, 119. 
 Competency and weight of parol evi- 
 dence generally. L.R.A.1916B, 
 243. 
 Competency. L.R.A.1916B, 243. 
 Weight, generally. L.R.A.1916B, 
 
 247. 
 Necessity of sustaining the allega- 
 tion of a mortgage by 
 other testimony besides 
 that of the transferrer. 
 L.R.A.1916B, 253. 
 Formal equity rule as to 
 corroborative evidence. 
 L.R.A.1916B, 254. 
 Illustrative rulings as to the 
 weight of evidence. L.R.A. 
 1916B, 257. 
 Competency of parol evidence as to 
 transactions in which the in- 
 strument was executed by the 
 alleged mortgagor to the al- 
 leged mortgagee. L.R.A. 
 1916B, 125. 
 Contracts not including stipula- 
 tions as to reconveyance. 
 L.R.A.1916B, 125. 
 Contracts including stipulations as 
 to reconveyance or provisions 
 of analogous character. L.R.A. 
 1916B, 126. 
 Same subject further discussed. 
 L.R.A.1916B, 131. 
 Competency of parol evidence as to 
 transactions in which the in- 
 strument of transfer was ex- 
 ecuted by a third person to 
 the alleged mortgagee. L.R.A. 
 1916B, 136. 
 Consult also L.R.A. Digests to date. 
 
 EVIDENCE, VII. i— cont'd. 
 
 Transactions of which the object 
 is to enable persons to acquire 
 property. L.R.A.1916B, 136. 
 
 Transactions of which the object 
 is to enable persons to release 
 their property from encum- 
 brances. L.R.A.1916B, 144. 
 
 Transactions of which the object is 
 to enable the owner of prop- 
 erty which is about to be sold 
 at a judicial sale or under a 
 deed of trust, to retain or re- 
 cover the title thereto. L.R.A. 
 1916B, 145. 
 
 Transactions of which the object 
 is to enable the former owner 
 of property to reacquire it 
 after it has been sold at a 
 judicial sale or under a deed 
 of trust. L.R.A.1916B, 154. 
 Competency of parol evidence consid- 
 ered with relation to the dis- 
 tinction between trusts and 
 mortgages. L.R.A.1916B, 162. 
 
 Distinction not always observed in 
 cases involving the admissibil- 
 ity of parol evidence to estab- 
 lish a mortgage. L.R.A.1916B, 
 165. 
 
 When transactions may be viewed 
 either as mortgages or as 
 trusts. Generally. L.R.A. 
 1916B, 169. 
 
 Instrument alleged to have been 
 executed on the understanding 
 that the property was to be 
 reconveyed by the transferee 
 to the transferrer. L.R.A. 
 1916B, 170. 
 
 Instrument alleged to have been 
 executed on the understand- 
 ing that jt was to be subse- 
 quently conveyed by transferee 
 to the claimant. L.R.A.1916B, 
 172. 
 
 Admissibility of parol evidence on 
 the ground of fraud. L.R.A. 
 1916B, 178. 
 
 Evidence warranting inference of 
 intention to create trust. 
 L.R.A.1916B, 183. 
 Competency and effect of evidence as 
 to quality of instrument of 
 transfer by mortgagor to 
 mortgagee. L.R.A.1916B, 445. 
 
 As to the validity of the transac- 
 tion. L.R.A.1916B, 446. 
 Attitude of the courts, gener- 
 ally. L.R.A.1916B, 446. 
 Burden of proof. L.E.A.1916B, 
 
 447. 
 Requirements of statute of 
 frauds. L.R.A.1916B, 448. 
 Various evidential elements 
 bearing upon question of 
 validity. L.R.A.1916B, 
 
 450. 
 
 As to the character of the transac- 
 tion. L.R.A.1916B, 453, 
 Burden of proof. L.R.A.1916B, 
 454. 
 
234 
 
 INDEX TO NOTES. 
 
 EVIDENCE, VII. i— cont'd. 
 
 Where contract does not 
 include stipulation to 
 reconvey. L.R.A. ' 
 
 1916B, 454. 
 Where contract includes 
 stipulation to recon- 
 vey. L.R.A.1916B, 
 455. 
 Rule in doubtful cases. 
 L.R.A.1916B, 456. 
 Circumstantial evidence. 
 L.R.A.1916B, 456. 
 Elements having special 
 relation to pre-exist- 
 ing relationship of 
 parties. L.R.A.1916B, 
 457. 
 Quality of conveyances to creditors 
 secured by deeds of trust with 
 powers of sale. L.R.A.1916B, 
 462. 
 Admissibility of parol evidence, consid- 
 ered with reference to the 
 classes of persons whose rights 
 are involved. L.R.A.1916B, 
 583. 
 Admissibility in controversies be- 
 tween parties to the contract 
 and their privies. L.R.A. 
 1916B, 583. 
 Admissibility in controversies be- 
 tween parties and stran- 
 gers. L.R.A.1916B, 587. 
 Where person relying on the 
 evidence is one of the par- 
 ties. L.R.A.1916B, 587. 
 Where person relying on the 
 evidence is a stranger. 
 L.R.A.1916B, 587. 
 Competency of parol evidence consid- 
 ered with reference to the stat- 
 utes as to recording of instru- 
 ments. L.R.A.1916B, 600. 
 American statutes with regard to 
 the registration of deeds 
 of real property. L.R.A. 
 1916B, 600. 
 Enactments specially relating 
 to contracts which include 
 deeds and separate stipu- 
 lations as to reconvey- 
 ance. L.R.A.1916B, 602. 
 American statutes prescribing the 
 registration of chattel 
 ^ mortgages. L.R.A.1916B, 
 
 603. 
 English and Colonial enactments 
 prescribing the registra- 
 tion of bills of sale. L.R.A. 
 , 1916B, 604. 
 
 English enactments. L.R.A. 
 
 1916B, 604. 
 Colonial enactments. L.R.A. 
 1916B, 609. 
 English enactments requiring the 
 registration of ships. L.R.A. 
 1916B, 610. 
 Burden of proof with respect to the 
 character of the transaction. 
 L.R.A.1916B, 185. 
 
 Begin with this hoolc on every larv question. 
 
 EVIDENCE, VII. i— cont'd. 
 
 Concurrent intention on the part 
 both of transferrer and trans- 
 feree to create a mortgage 
 must be proved. L.R.A.1916B, 
 186. 
 Burden of proof where contract does 
 not include any written agree- 
 ment as to reconveyance. 
 L.R.A,1916B, 191. 
 Burden invSfriably lies on party 
 who alleges that transaction 
 was mortgage. L.R.A.1916B, 
 191. 
 Standard of probative force whlcli 
 evidence must satisfy. L.R.A. 
 1916B, 192. 
 Standard defined by phraseology 
 importing,' insufiBcieney of cer- 
 tain descriptions of evidence. 
 L.R.A.1916B, 196. 
 Standard defined by phraseology 
 having reference to compara- 
 tive weight of evidence given 
 on both sides. L.R.A.1916B, 
 197. 
 Discussion of some additional as- 
 pects of standard. L.R.A. 
 1916B, 202. 
 Rule applicable in doubtful cases. 
 L.R.A.1916B, 203. 
 Where issue of unconditional 
 transfer is excluded by 
 pleadings or evidence. 
 L.R.A.1916B, 204. 
 Burden of proof where contract includes 
 written stipulation as to re- 
 conveyance. L.R.A.1916B, 207. 
 Presumptive character of contract 
 of this description. Generally. 
 L.R.A.1916B, 207. 
 Review of doctrines accepted in the 
 various jurisdictions. L.R.A. 
 1916B, 213. 
 Resume of the decisions. L.R.A. 
 
 1916B, 233. 
 Theory that stipulation to recon- 
 vey is merely affirmative evi- 
 dence' of the nature of the 
 transaction. L.R.A.1916B, 235. 
 Quality of evidence required to 
 convert the transaction into a 
 mortgage. L.R.A.1916B, 237. 
 Rule applicable in doubtful cases. 
 L.R.A.1916B, 240. 
 Descriptions of evidence showing inten- 
 tion to create mortgage. L.R.A. 
 1916B, 271. 
 Introductory. L.R.A.1916B, 271. 
 Direct evidence. L.R.A.1916B, 
 
 271. 
 Form and pliraseology of writ- 
 ten contract. L.R.A. 
 3916B, 276. 
 Circumstantial evidence, gen- 
 erally. L.R.A.1916B, 281. 
 Circumstances constituting in- 
 dicia of mortgage. L.R.A. 
 1916B, 283. 
 
INDEX TO NOTES. 
 
 23:3 
 
 EVIDENCE, VII. i— cont'd. 
 
 Admissions of parties in their 
 pleadings and testimony. 
 L.E.A.1916B, 285. 
 
 Admissions in pleadings filed 
 in pending action. L.E.A. 
 1916B, 285. 
 
 Admissions in pleadings filed 
 in earlier action. L.R.A. 
 1916B, 290. 
 
 Admissions of parties in tes- 
 timony given in pending 
 action. L.E.A.1916B, 291. 
 
 Admissions of parties in other 
 proceedings of a judicial 
 or quasi judicial charac- 
 ter. L.R.A.1916B, 296. 
 Character of negotiations preced- 
 ing execution of instru- 
 ment of transfer. L.R.A. 
 1916B, 298. 
 
 Commencement of negotiations 
 with application for loan, 
 L.R.A.1916B, 300. 
 
 Acceptance of application for 
 loan and subsequent pros- 
 ecution of negotiations 
 upon that footing. L.R.A. 
 1916B, 301. 
 
 Same subject further dis- 
 cussed. L.R.A.1916B, 307. 
 
 Refusal of transferee to accept 
 propositions for loan. 
 L.R.A.1916B, 309. 
 
 Negotiations commenced and 
 carried on with reference 
 to a sale. L.R.A.1916B, 
 314. 
 
 Refusal of transferee to ac- 
 cept oflFer to sell. L.R.A. 
 1916B, 317. 
 
 Informal statements made by 
 parties to each other 
 while negotiations were in 
 progress. L.R.A.1916B, 
 317. 
 
 Statements made by parties 
 to third pfersons. L.R.A. 
 1916B, 319. 
 
 Character of previous dealings 
 with party other than 
 transferee. L.R.A.1916B, 
 320. 
 Statements made by parties at 
 time when written con 
 tract was executed. L.R.A 
 1916B, 322. 
 
 Statements which have been 
 treated as competent evi 
 dence. L.R.A.1916B, 324, 
 Statements made by parties after 
 execution of instrument 
 L.R.A.1916B, 329. 
 
 Admissibility, generally, 
 
 L.R.A.1916B, 329. 
 
 Probative value. L.R.A.1916B, 
 333. 
 
 Necessary definiteness. L.R.A, 
 1916B, 337. 
 Consult also L.R.A. Digests to date. 
 
 EVIDENCE, VII. i— cont'd. 
 
 Statements of transferrer in- 
 consistent with theory 
 that transaction was 
 mortgage. L.R.A.1916B, 
 341. 
 
 Statements of transferee in- 
 consistent with theory 
 that transaction was ab- 
 solute sale. L.R.A.1916B, 
 345. 
 
 Same subject further dis- 
 cussed. L.R.A.1916B, 353. 
 
 Statements supporting claim 
 or defense of party who 
 made them. L.E.A.1916B, 
 353. 
 Subsistence or nonsubsistence of 
 relation of debtor and 
 creditor between transfer- 
 rer and transferee. L.RA. 
 1916B, 356. 
 
 Transferrer indebted to trans- 
 feree before execution of 
 written contract. L.R.A. 
 1916B, 356. 
 
 Transferrer not indebted to 
 transferee before" execu- 
 tion of written contract. 
 L.R.A.1916B, 358. 
 
 Subsequent indebtedness of 
 transferrer to transferee. 
 L.E.A.1916B, 358. 
 
 Same subject further dis- 
 cussed. L.R.A.1916B, 365. 
 
 Evidence of subsistence of in- 
 debtedness. L.R.A.1916B, 
 367. 
 
 No subsequent indebtedness of 
 transferrer to transferee. 
 L.R.A.1916B, 378. 
 
 Same subject further dis- 
 cussed. L.R.A.1916B, 382. 
 
 Evidence from which the non- 
 existence of subsequent 
 debt may be inferred. 
 L.E.A.19l'6B, 383. 
 
 No personal obligation on part 
 of transferrer to. repay 
 money received from 
 transferee. L.E.A. 1916B, 
 390. 
 
 No written evidence of per- 
 sonal obligation on part 
 of transferrer to repay 
 money received from 
 transferee. L.R.A.1916B, 
 392. 
 
 Burden of proof. L.E.A. 
 1916B, 395. 
 Quantitative relationship between 
 the actual value of prop- 
 erty and consideration 
 paid. L.R.A.1916B, 396. 
 
 Consideration inadequate. 
 
 L.R.A.1916B, 396. 
 
 Probative value of this ele- 
 ment taken by itself. 
 L.E.A.1916B, 399. 
 
236 
 
 INDEX TO NOTES. 
 
 EVIDENCE, VII. i— cont'd. 
 
 What disparity between the 
 consideration and the ac- 
 tual value is regarded aa 
 material. L.R.A.1916B, 
 402.' 
 
 Inadequacy where fraud is al- 
 leged. L.R.A.1916B, 403. 
 
 Amount paid, not inadequate. 
 L.E.A.1916B, 406. 
 
 Evidence relevant to adequacy 
 of consideration. L.E.A. 
 1816B, 407. 
 Consideration greater than value 
 
 of property. L.E,.A.1916B, 
 
 411. 
 Conduct of parties with respect to 
 the property after the 
 transaction. L.E.A.1916B, 
 412. 
 
 Transferrer's continuance in 
 possession of property 
 after execution of instru- 
 ment of transfer. L.E.A. 
 1916B, 413. 
 
 Circumstances corroborative of 
 
 conclusion indicated by 
 
 * transferrer's retention of 
 
 possession. L.R.A.1916B, 
 
 415. 
 
 Circumstances indicating that 
 transferee regarded trans- 
 ferrer as the owner of the 
 property. L.E.A.1916B, 
 420. 
 
 Rebuttal of evidence indicat- 
 ing prima facie that 
 transaction was mortgage. 
 L.E.A.1916B, 423. 
 
 Possession taken by transferee 
 after execution of instru- 
 ment of transfer. L.E.A. 
 1916B, 426. 
 
 Specific circumstances corrob- 
 orative of conclusion indi- 
 cated by the transferee's 
 assumption of possession. 
 L.R.A.1916B, 427. 
 
 Circumstances indicating that 
 transferrer regarded 
 
 transferee as owner of 
 property. L.R.A.1916B, 
 430. 
 
 Kebuttal of evidence indicat- 
 ing prima facie that 
 complete transfer of 
 ownership resulted 
 from transaction. 
 
 L.E.A.1916B, 434. 
 Possession obtained by 
 transferee through 
 fraud or mistake. 
 L.E.A.1916B, 436. 
 
 Periodical payments of money 
 by transferrer - to the 
 transferee. L.E.A.1916B, 
 438. 
 
 Various other descriptions of 
 evidence regarding subse- 
 quent conduct of parties. 
 L.R.A.1916B, 441. 
 Begin ivith this hoolc on every law question. 
 
 EVIDENCE, VII. i— cont'd. 
 
 Miscellaneous elements. L.R.A. 
 
 1916B, 465. 
 
 Risk of loss or damage, by 
 
 which party assumed. 
 
 L.R.A.1916B, 465. 
 
 Business of transferee. L.R.A. 
 
 1916B, 465. 
 Comparative intelligence of 
 the parties. L.R.A.1916B, 
 466. 
 Financial embarrassment of 
 transferrer. L.E.A.1916B, 
 468. 
 Delay of transferrer to put 
 forward claim that trans- 
 action was mortgage. 
 L.R.A.1916B, 470. 
 Relationship of principal and 
 agent between the trans- 
 ferrer and transferee. 
 L.E.A.1916B, 472. 
 Family relationship between 
 transferrer and transferee. 
 L.E.A.1916B, 474. 
 Friendship between parties. 
 
 L.E.A.1916B, 477. 
 Transferrer the successor in 
 business of transferee. 
 L.E.A.1916B, 477. 
 Various circumstances tending 
 to show that transaction 
 was a mortgage. L.E.A. 
 1916B, 478. 
 Circumstances tending to show 
 that the transaction was 
 not a mortgage. L.R.A. 
 1916B, 484. 
 Circumstances not tending to 
 show that the transaction 
 was a mortgage. L.E.A. 
 1916B, 488. 
 Illustrative decisions as to quality of 
 instruments executed by al- 
 leged mortgagor to alleged 
 mortgagee, and not embracing 
 or accompanied by written 
 stipulations as to reconvey- 
 ance. L.E.A.1916B, 488. 
 Intention to create mortgage, in- 
 ferred in cases involving 
 two elements besides the 
 direct testimony. L.E.A. 
 1916B, 489. 
 In cases involving three ele- 
 ments besides the direct 
 testimony. L.E.A.1916B, 
 490. 
 Inferred in cases involving 
 four elements besides the 
 direct testimony. L.E.A. 
 1916B, 493. 
 Inferred in cases involving 
 more than four elements 
 besides the direct testi- 
 mony. L.E.A.1916B, 498. 
 Negatived by various combina- 
 tions of elements in addi- 
 tion to the direct testi- 
 mony. L.E.A.1916B, 505. 
 
INDEX TO NOTEei. 
 
 237 
 
 EVIDENCE, VII. i— cont'd. 
 
 Inferred in cases where in- 
 strument was executed 
 by mortgagor to mort- 
 gagee. L.R.A.1916B, 513. 
 Negatived in cases where in- 
 strument was executed by 
 , mortgagor to mortgagee. 
 L.E.A.1916B, 515. 
 Illustrative decisions with respect to 
 the quality of instruments of 
 transfer executed by the al- 
 leged mortgagor to the alleged 
 mortgagee, and embracing or 
 accompanied by written stipu- 
 lations as to reconveyance. 
 L.R.A.1916B, 518. 
 Intention to create a mortgage, 
 inferred from two ele- 
 ments, besides the direct 
 testimony. L.R.A.1916B, 
 518. 
 Inferred from three elements, 
 besides the direct testi 
 mony. L.E.A.1916B, 519 
 Inferred from four or more 
 elements, besides the di- 
 rect testimony. L.K.A 
 1916B, 521. 
 Negatived by various ele 
 ments, besides the direct 
 testimony. L.R.A.1916B, 
 531. 
 Inferred in cases in which in- 
 strument was executed by 
 mortgagor to mortgagee. 
 L.R.A.1916B, 537. 
 Negatived in cases in which 
 instrument was executed 
 by mortgagor to mort- 
 gagee. L.R.A.1916B, 538. 
 Illustrative cases as to contracts in- 
 volving an absolute convey- 
 ance of property to a third 
 person at the instance of the 
 alleged mortgagor. L.E.A. 
 1916B, 540. 
 Intention to create mortgage, in- 
 ferred in cases in which the 
 contract did not include any 
 written stipulations as to re- 
 conveyance. L.R.A.1916B, 540. 
 Intention to create mortgage, neg- 
 atived in cases in which the 
 contract did not include any 
 written stipulations as to re- 
 conveyance. L.R.A.1916B, 548. 
 Intention to create mortgage, in- 
 ferred in cases in which the 
 contracts > included written 
 stipulations as to reconvey- 
 ance. L.R.A.1916B, 552. 
 Operation and incidents of an instru- 
 ment of transfer absolute in 
 form, but intended as a mort- 
 gage. L.R.A.1916B, 573. 
 Whether the instrument of trans- 
 fer is fraudulent as against 
 creditors. L.R.A.1916B, 576. 
 Passage of tha legal title to the I 
 transferee. L.R.A.1916B, 580. 
 Consult also L.B.A. Digests to date. 
 
 EVIDENCE, VII. i— cont'd. 
 
 Release of equity of redemption by 
 parol. L.R.A.1916B, 581. 
 Remedies for the enforcement of the 
 rights arising out of an abso- 
 lute instrument of transfer 
 which is intended as a mort- 
 gage. L.R.A.1916B, 588. 
 Equitable remedies of transferrer. 
 Generally. L.R.A.1916B, 588, 
 Right to relief, how far affected by 
 general equitable principles of 
 a restrictive nature. L.R.A. 
 1916B, 592. 
 Remedies of transferrer in actions 
 at law. L.R.A.1916B, 594. 
 Actions to recover damages 
 from transferee. L.R.A. 
 1916B, 595. 
 Equitable remedies of transferee. 
 
 L.R.A.1916B, 596. 
 Remedies of transferee in actions 
 
 at law. L.R.A.1916B, 597. 
 Defenses to claims founded on 
 theory that parties in- 
 tended to create a mort- 
 gage. L.R.A.1916B, 597- 
 Lapse of long time before 
 rights were asserted. 
 L.R.A.1916B, 597. 
 Statute of limitations. L.R.A. 
 
 1916B, 598. 
 Estoppel. L.E.A.1916B, 599. 
 Rescission of contract. L.R.A. 
 
 1916B, 600. 
 Ignorance of transferrer that 
 instrument was absolute 
 conveyance. L.R.A.1916B, 
 600. 
 Pleading and practice. L.R.A.1916B, 
 552. 
 Sufficiency of pleadings. L.R.A. 
 1916B, 552. 
 Pleadings alleging the trans- 
 action to be a mortgage, 
 L.R.A.191f>B, 552. 
 Pleadings alleging the trans- 
 action not to be a mort- 
 gage. L.R.A.1916B, 556. 
 Variance. L.R.A.1916B, 556. 
 Admissibility of evidence as af- 
 fected by the form of the 
 pleadings. L.R.A.1916B, 556. 
 Entry of judgment upon the plead- 
 ings. L.R.A.1916B, 557. 
 Instructions to the iury. LEA 
 
 1916B, 557. 
 Functions of court and jury with 
 regard to determining the ef- 
 fect of parol evidence. Gen- 
 erally. L.R.A.1916B, 560. 
 Submission of case to the jury 
 
 L.R.A.1916B, 561. 
 Direction of issue to be tried bj 
 
 jury. L.E.A.1916B, 562. 
 Review of findings of fact by ap- 
 pellate court. L.R A 
 1916B, 563. 
 Findings of jury. L.E A 
 
 1916B, 563. 
 Findings of single judge. 
 L.E.A.1916B, 565. 
 
238 
 
 INDEX TO NOTES. 
 
 EVIDENCE, VII. i— cont'd. 
 
 Findings of masters and ref- 
 erees. L.E.A.1916B, 569. 
 Effect of findings, general and spe- 
 cial. L.E.A.1916B, 570. 
 Eorm and purport of decree or 
 Judgment. L.R.A.1916B, 571. 
 Applicability of rule excluding parol evi- 
 dence to vary contract in favor of or 
 against a stranger to the contract. 
 L.R.A.1916A, 594, 606. 
 
 j. To identify subject or persons. 
 
 § 183. Generally. 
 
 Parol evidence to establish identity of lega- 
 tee or devisee. 47 L.E.A.(N.S.) 514. 
 
 k. Character of party. 
 
 § 184. Generally. 
 
 Eight of agent to show that a contract 
 signed by him apparently as obligor 
 was not to be delivered until words in- 
 dicating representative capacity had 
 been added to his signature. I1.E.A. 
 1915A, 590. 
 
 Till. Opinions and conclusions; ex- 
 pert testimony, > 
 
 a. In general. 
 
 § 185. Generally. 
 
 Weight of expert testimony, see infra, § 290. 
 
 c. Cause and effect. 
 
 § 187. Generally. 
 
 Eelevancy of evidence as to, see infra, § 
 248. 
 
 g 187a. Cause of occurrence or acci- 
 dent. 
 
 Expert opinions. L.R.A.1915A, 1045. 
 
 Admissibility in general. L.E.A.1915A, 
 
 1045. 
 Directness of opinion as affecting ad- 
 missibility. L.E.A.1915A, 1052. 
 Nonexpert opinions. L.E.A.191SA, 1053. 
 Miscellaneous. L.E.A.1915A, 1056. 
 
 § 187b. Cause of death, disease, or 
 injury. 
 
 Expert opinions. L.E.A.1915A, 1058. 
 
 Admissibility, in general. L.E.A. 
 1915A, 1058. 
 Nature of subject-matter as affect- 
 ing admissibility. L.E.A. 
 1915A, 1058. 
 Basis of question as affecting ad- 
 missibility. L.E.A.1915A, 
 1062. 
 Source of, knowledge as affect- 
 ing admissibility. L.E.A. 
 1915A, 1062. 
 In answer to hypothetical 
 question. L.E.A.1915A, 
 1066. 
 Admission as invasion of province 
 of jury. L.E.A.1915A, 1068. 
 
 EVIDENCE, VIII. c— cont'd. 
 
 Directness of opinion as affecting ad- 
 missibility. L.R.A.1915A, 1070. 
 Nonexpert opinions. L.R.A.1915A, 1076. 
 Admissibility of opinion evidence as to 
 whether wounds or other external in- 
 juries were self-inflicted. L.E.A.1915A, 
 1088. 
 Admissibility of opinion evidence as to kind 
 or nature of weapon or object with 
 which wound or other external in- 
 jury was inflicted. L.E.A.1915B, 
 1143. 
 Expert opinions. L.E.A.1915B, 1144. 
 Nonexpert opinions. L.E.A.1915B, 
 
 1148. 
 Miscellaneous. -L.E.A.1915B, 1149. 
 
 e. Sanity and mental capacity. 
 
 § 189. Generally. 
 
 Eelevancy of evidence as to, see infra, § 
 
 254. 
 Sufficiency of evidence as to, see infra, § 
 
 316. 
 
 § 190, Expert opinion as to. 
 
 In prosecution for rape of female ot un- 
 sound mind. L.E.A.1916F, 749. 
 
 § 191. Nonexpert opinion as to. 
 
 In prosecution for rape of female of un- 
 sound mind. L.R.A.1916F, 749. 
 
 /. Value; damMges; speed. 
 
 § 194. Value; damages. 
 
 Eelevancy of evidence as to, see infra, XII. 
 f. 
 
 Opinion evidence on question of value of the 
 use or rental of property. 44 
 L.E.A.(N.S.) 501. 
 As to the value of use of chattels. 44 
 
 L.R.A.(N.S.) 502. 
 As to the value of use of real property. 
 44 L.R.A.(N.S.) 503. 
 Conclusiveness of the testimony of experts 
 as to the value of professional services. 
 45 L.E.A.(N.S.). 181. 
 Admissibility of opinion of party or wit- 
 ness as to extent of monetary damages 
 sustained in consequence of personal in- 
 jury. 52 L.E.A.(N.S.) 167. 
 
 h. Handwriting ; typewriting ; finger 
 prints. 
 
 3. Typewriting; finger prints. 
 
 § 205a. Typewriting. 
 
 Comparison of, and expert evidence as to, 
 tyjJewriting. 45 L.E.A. (N.S.) 860. 
 
 § 205b. Finger prints. 
 
 Finger prints as evidence. 43 L.E.A. (N.S.) 
 1206. 
 
 Admissibility of evidence of resemblance be- 
 tween finger or hand prints, and its 
 sufficiency as proof of identity. 3 B. 
 E. C. 70. 
 
 Begin xvith this tooTc on every law question. 
 
INDEX TO NOTES. 
 
 239 
 
 EVIDENCE, VIII— coni'A 
 
 i. Miscellaneous. 
 
 % 206. Generally. 
 
 Under the Toirens Law. L.E.A.1916D, 39. 
 Opinions of witnesses as to identity of per- 
 son r9ferred to in action for defamation 
 of unnamed person. 48 L.R.A. (N.S.) 
 364. 
 Admissibility of opinion evidence as to safe- 
 ty of place or appliance. 51 L.R.A. 
 565. 
 Expert opinions. 51 L.R.A. (N.S.) 566. 
 Cases where opinions are held ad- 
 missible. 51 L.R.A. (N.S.) 
 566. 
 Cases where opinions are lield not 
 admissitle. 51 L.R.A. (N.S.) 
 572. 
 Nonexpert opinion. 51 L.R.A. (N.S.) 
 577. 
 Cases where opinions are held not 
 admissible. 51 L.R.A. (N.S.) 
 577. 
 Cases where opinions are held ad- 
 missible. 51 L.R.A. (N.S.) 
 580. 
 Competency of witness to express his con- 
 clusion as to character, quality or 
 marlcetability of title to real property. 
 L.R.A.1915E, 271. 
 
 IX. Confessions; involuntary evidence. 
 
 § 207. Generally. 
 
 As to self-incrimination, generally, see 
 Cbiminal Law, § 49. 
 
 Proof of corpus delicti for purpose of cor- 
 roborating confession. L.R.A.1916J3, 
 748, 848. 
 Admissibility in evidence of former plea of 
 
 guilty. L.R.A.1916E, 640. 
 Plea of guilty subsequently withdrawn. 
 
 L.R.A.1916E, 640. 
 Plea before committing magistrate as 
 
 admissible on trial of indictment. 
 
 L.R.A.1916E, 641. 
 
 § 209. When confession is Tolnn- 
 tary. 
 
 Reasons for exclusion of confessions. 50 
 L.R.A.(N.S.) 1077. 
 
 By whom character of confession is decid- 
 ed. 50 L.R.A. (N.S.) 1078. 
 
 Presumption. 50 L.R.A. (N.S.) 1081. 
 
 Connection between inducement and con- 
 fession. 50 L.R.A. (N.S.) 1082. 
 
 Age, situation, and character of accused. 
 50 L.R.A.(N.S.) 1082. 
 
 Mental condition of accused. 50 L.E.A. 
 (N.S.) 1082. 
 
 Effect of cautioning or failure to caution 
 accused. 50 L.R.A. (N.S.) 1083. 
 
 Arrest. 50 L.R.A. (N.S.) 1084. 
 
 Confessions elicited by questions. 50 L.R.A. 
 (N.S.) 1085. 
 
 Effect of language assuming guilt, addressed 
 to accused. 50 L.R.A. (N.S.) 1085. 
 
 Confessions induced by hope of benefit. 50 
 L.R.A.(N.S.) 1086. 
 Consult also L.R.A. Digests to date. 
 
 EVIDENCE, IX.— cont'd. 
 
 Confessions induced by fear of injury. 50 
 
 L.R.A.(N.S.) 1087. 
 Confessions procured by artifice or fraud. 
 
 50 L.E.A.(N.S.) 1088. 
 Confessions to persons in authority. 50 
 
 L.R.A.(N.S.) 1088. 
 Subsequent confessions. 50 L.R.A. (N.S.) 
 
 1088. 
 Inducements not immediately acted upon. 
 
 50 L.R.A.(N.S.) 1088. 
 Confession under oath. 50 L.R.A. (N.S.) 
 
 1089. 
 Adopted confessions. 50 L.R.A. (N.S.) 
 
 1089. 
 
 § 209a. While under arrest. 
 
 Voluntariness of confession made under ar- 
 rest. 50 L.R.A.(N.S.) 1084. 
 
 § 214. Admissibility of articles tak- 
 en from accused. 
 
 Admissibility against defendant of docu- 
 ments or articles taken from him. 
 L.R.A.1915B, 834; L.R.A.1916E, 715. 
 
 X. Admissions. 
 
 § 215. Generally. 
 
 Admissibility of declarations against inter- 
 est' as to ownership by one in possession 
 of personal property. 49 L.R.A. (N.S.) 
 701. 
 
 Admissions showing that written instru- 
 ment importing absolute conveyance 
 was intended as a mortgage. L.R.A. 
 1916B, 285. 
 
 Admissibility in evidence of former plea of 
 guilty. L.R.A.1916E, 640. 
 
 Conclusiveness of judicial admissions as to 
 strangers. L.R.A.1915A, 200. 
 Conclusiveness of plea of guilty in sub- 
 sequent civil action. L.R.A.1915A, 
 203. 
 
 XI. Declarations; hearsay; res gestae; 
 privileged communications. 
 
 a. In general. 
 
 § 216. Generally. 
 
 Admissibility of declarations as to owner- 
 ship by one in possession of per- 
 sonal property. 49 L.R.A.(N.S.) 
 700. 
 Declarations as to present ownership. 
 49 L.R.A.(N.S.) 701. 
 Declarations against interest. 49 
 L.R.A.(N.S.) 701. 
 As part of res gesta; of the 
 possession. 49 L.R.A. 
 (N.S.) 701. 
 Self-serving declarations. 49 
 
 L.R.A. (N.S.) 703. 
 As part of res gesta; of the 
 possession. 49 L.R.A. 
 (N.S.) 704. 
 Rationale of rule. 49 
 L.R.A. (N.S.) 705. 
 Declarations as to source of title. 49 
 L.R.A.(N.S.) 705. 
 
240 
 
 INDEX TO NOTES. 
 
 EVIDENCE, XI. a,— cont'd. 
 
 § 218. Admissibility of declarations 
 as res gestae as affected by incom- 
 petency as a iritness of person 
 making them. 
 
 Children. L.R.A.1915E, 203. 
 
 Husband and wife. L.II.A.1915E, 204. 
 
 Convicts and unpardoned felons. L.E.A. 
 1915E, 205. 
 
 Slaves. L.R.A.1915E, 205. 
 
 Insane persons. L.E.A.1915E, 207. 
 
 § 219. As to marriage, pedigree, or 
 maternity. 
 
 Admissibility of declarations of relatives of 
 claimant on issue of his relationship or 
 heirship to decedent. L.R.A.1915D, 
 
 '215. 
 
 b. Privileged communications, 
 
 § 220. Generally. 
 
 As to protection against self-incrimination, 
 
 see Criminal Law, § 49. 
 Effect of death of party to render othcjr 
 
 party incompetent as a witness, see 
 
 Witnesses, II. c. 
 For privilege of witnesses, generally, see 
 
 Witnesses, § 40. 
 
 § 221. To physician. 
 
 Loss or waiver of privilege, see infra, § 225. 
 
 Privilege of records of insane asylum. 51 
 
 L.E.A.(N.S.) 22. 
 Does privilege as to communications to, or 
 information acquired by physician 
 extend to physician not employed 
 by patient. L.R.A.1915F, 888. 
 
 Physician employed by defendant. 
 L.R.A.1915F, 889. 
 
 Consulting or assistant physician. 
 L.R.A.1915F, 891. 
 
 Physician employed by court or prose- 
 cuting attorney. L.R.A.1915F, 892. 
 
 § 222. To attorney. 
 
 Privilege of attorney against revealing 
 identity of client. L.R.A.1916C, 
 602. 
 In general. L.R.A.1916C, 602. 
 Address. L.R.A.1916C, 604. 
 Occupation. L.R.A.1916C, 605. 
 Character in which client retains at- 
 torney. L.R.A.1916C, 605. 
 Requiring attorney to produce papers or 
 documents belonging to client as 
 violation of privilege. 48 L.R.A. 
 (N.S.) 334. 
 Pre-existing documents. 48 L.R.A. 
 (N.S.) 335. 
 Where documents not otherwise 
 privileged in hands of client. 
 48 L.R.A.(N.S.) 335. 
 Where documents would have been 
 protected by other privilege if 
 in client's hands. 48 L.R.A. 
 (N.S.) 337. 
 Documents whose existence is owing to 
 the relationship between attorney 
 and client. 48 L.R.A. (N.S.) 339. 
 
 Begin with this 'boolc on every law question. 
 
 EVIDENCE, XI. h— cont'd. 
 
 § 223. Between husband and wife. 
 
 Competency of husband and wife as wit- 
 nesses, see Witnesses, II. b. 
 
 Effect of statute making husband and wife- 
 competent witnesses for or against each 
 other upon the privilege as to confiden- 
 tial communications between them. 
 L.R.A.1916F, 389. 
 
 Separation of husband and wife as affecting, 
 privilege of communication between 
 them. L.R.A.1916B, 1275. 
 
 Admissibility of communication between 
 husband and wife, otherwise privileged, 
 to explain the reason for testifying ia 
 a certain way. 44 L.R.A. (N.S.) 243. 
 
 § 224. Iioss of privilege. 
 
 Waiver of privilege on first trial as affect- 
 ing its exercise on a second triaU 
 L.R.A.1916A, 524. 
 
 § 225. — disclosures to physician. 
 
 Waiver of privilege as to communication be- 
 tween physician and patient. 48- 
 L.R.A.(N.S.) 395. 
 
 Testimony of patient in own behalf as- 
 waiver. 48 L.R.A.(N.S.) 305. 
 
 Testimony of patient on cross-examina- 
 tion as waiver. 48 L.R.A. (N.S.) 
 398. 
 
 Examination of physician in behalf of 
 patient as waiver. 48 L.R.A. 
 (N.S.) 398. 
 
 Bringing of action as waiver. 48 L.E.A. 
 (N.S.) 398. 
 
 Waiver by failure to object to testi- 
 mony. 48 L.R.A.(N.S.) 399. 
 
 Examining one physician as a waiver as- 
 toothers. 48 L.R.A. (N.S.) 399. 
 
 Examining witness other than physi- 
 cian. 48 L.R.A.(N.S.) 400. 
 
 Waiver by deposition or proofs of loss. 
 48 L.R.A.(N.S.) 401. 
 
 Extent of waiver. 48 L.R.A. (N.S. ). 
 401. 
 
 Waiver by contract. 48 L.R.A. (X.S.) 
 402. 
 
 Miscellaneous. 48 L.R.A. (N.S.) 405. 
 Who, aside from the patient, may waive- 
 privilege as to communication be- 
 tween physician and patient. 48 
 L.R.A.(N.S.) 418. 
 
 Waiver by beneficiary of insurance. 48 
 L.R.A.(N.S) 418. 
 
 Waiver by legal representatives or 
 heirs. 48 L.R.A.(N.S.) 420. 
 
 Waiver in case of infant. 48 L.R.A. 
 (N.S.) 420. 
 
 Attorneys. 48 L.R.A. (N.S.) 42L 
 
 Miscellaneous. 48 L.R.A. (N.S.) 421. 
 Waiver of privilege on first trial as affect- 
 ing its exercise on a second trial. 
 
 L.R.A.1916A, 525. 
 
 c. Party's own acts and declarations. 
 
 § 227. Generally. 
 
 Admissibility of declarations as to owner- 
 ship by one in possession of personal 
 property. 49 L.E.A. (N.S.) 700. 
 
INDEX TO NOTES. 
 
 241 
 
 EVIDENCE, XI. c— cont'd. 
 
 Declarations explaining why person injured 
 or killed was at place of accident as 
 res gestae. L.E.A.1915D, 503. 
 
 d. Acts and declarations of third per- 
 
 sons generally, 
 
 § 228. Generally. 
 
 Admissibility of declarations as to owner- 
 ship by one in possession of personal 
 property.' 49 L.R.A.(N.S.) 700. 
 
 Admissibility of declarations of relatives 
 of claimant upon the issue of his re- 
 lationship or heirship to decedent. 
 L,R.A.1915D, 215. 
 
 Admissibility in prosecution for false pre- 
 tenses of statements or communications 
 between the prosecutor and a third per- 
 son. L.R.A.1915B, 1125. 
 
 § 229. Of deceased person generally. 
 
 Scope and effect of statutes making compe- 
 tent entries, memoranda, and declara- 
 tions of a deceased person. 44 L.R.A. 
 (N.S.) 28. 
 
 Admissibility of declarations as to owner- 
 ship by one in possession of personal 
 property, after his death. 49 L.R.A. 
 (N.S.) 700. 
 
 Admissions or statements by assured out- 
 side of his application as evidence 
 against his beneficiary. 49 L.R.A. 
 (N.S.) 853. 
 
 Evidence of declarations of intent to com- 
 mit suicide. L.R.A.1916B, 819. 
 Prosecutions for homicide. L.R.A. 
 
 1916B, 821. 
 Actions on insurance policies. L.R.A. 
 1916B, 822. 
 
 § 230. Of testator. 
 
 Evidence of declarations of testator to 
 identify legatee or devisee. 47 
 L.R.A.(N.S.) 540. 
 Character of declaration. 47 L.R.A. 
 
 (N.S.) 541. 
 Where purpose is to contradict terms of 
 will. 47 L.R.A. (N.S.) 542. 
 To overcome presumption of revocation of 
 lost or destroyed will. 50 L.R.A. (N.S.) 
 867. 
 
 § 233. Of former owner. 
 
 Admissibility of declarations as to owner- 
 ship by one in possession of persona] 
 property. 49 L.R.A. (N.S.) 700. 
 
 e. Acts and declarations of agent, co- 
 
 beneficiary, partner, or co-con- 
 spirator. 
 
 § 234. Agent. 
 
 Admissibility of reports by agent or em- 
 ployee to employer to prove fact in is- 
 sue. 47 L.R.A. (N.S.) 830. 
 
 § 237. Acts and declarations of co- 
 conspirator. 
 
 Admissibility of declarations of one upon 
 whom an abortion is committed, against 
 others charged with complicity therein. 
 L.R.A.1916C, 570. 
 Consult also L.B.A. Digests to date. 
 
 EVIDENCE, XI.— cont'd. 
 
 j. Dying declarations. 
 
 § 242. Generally. 
 
 Weight of, see infra, § 318a. 
 
 Admissibility of dying declarations in fa- 
 vor of defendant. 52 L.R.A.(N.S.) 910. 
 
 Admissibility of dying declarations in civil 
 cases. 50L.R.A.(N.S.) 1167. 
 
 1e. Former testimony. 
 
 § 243. Generally. 
 
 See also supra, § 134. 
 
 Admissibility after death of adversary, of 
 testimony or deposition of party previ- 
 ously given or taken, relating to a per- 
 sonal transaction with him. L.R.A. 
 1915F, 771. 
 
 XII. Relevancy and materiality, 
 a. In general. 
 
 g 246. Generally. 
 
 Relevancy of documentary evidence, see 
 supra, V. ' 
 
 Admissibility of parol evidence as to writ- 
 ing, see supra, VII. 
 
 Admissibility to corroborate or impeach wit- 
 ness, see Witnesses, IV. 
 
 b. Custom; habit; cause. 
 
 § 247. Custom; haliit. 
 
 Admissibility of evidence that article pro- 
 hibited by fire insurance policy is usu- 
 ally and customarily found on similar 
 premises. 3 B. R. C. 48. 
 
 Evidence of habit of witness on question of 
 regularity of will where attesting wit- 
 nesses have forgotten circumstances at- 
 tending its execution. 51 L.R.A. (N.S.) 
 954. 
 
 Evidence of customary compensation on 
 question as to amount agreed upon. 
 L.R.A.1915C, 1209. 
 
 Admissibility of evidence as to, on question 
 of negligence or CQUtributory negli- 
 gence. L.R.A.1916B, 827. 
 
 § 248. Cause.' 
 
 Presumption and burden of proof as to, see 
 
 supra, § 60. 
 Admissibility of finding of coroner to show 
 
 cause of death. 45 L.R.A. (N.S.) 
 
 404. 
 In homicide. 45 L.R.A. (N.S.) 404. 
 In action on a claim for life insurance. 
 
 45 L.R.A.(N.S.) 405. 
 In action for negligently causing death. 
 
 45 L.R.A.(N.S.) 407. 
 To show mental condition of testator. 
 
 45 L.R.A.(N.S.) 408. 
 To prove that one spouse predeceased 
 
 the other. 45 L.R.A. (N.S.) 408. 
 
 43— '16F. 
 
 16 
 
242 
 
 INDEX TO NOTES. 
 
 EVIDENCE, XII.— cont'd. 
 
 o. Character and reputation. 
 
 § 249. Generally. 
 
 Right of accused to show unehastity of 
 prosecutrix in statutory rape. 48 
 L.E.A.(N.S.) 269. 
 Relevancy of evidence as to character or 
 reputation on issue of fraud or 
 dishonesty in civil case. 49 L.R.A. 
 (N.S.) 724. 
 General rule. 49 L.R.A. (N.S.) 725. 
 Character of party charged with 
 
 fraud. 49 L.R.A.(N.S.) 725. 
 Character of third person. 49 
 L.R.A.(N.S.) 728. 
 Modified rules. 49 L.R.A. (N.S.) 729. 
 Actual fraud dependent upon cir- 
 cumstantial evidence. 49 
 L.R.A.(N.S.) 729. 
 Fraud directly in issue. 49 L.R.A. 
 
 (N.S.) 731. 
 Character in issue. 49 L.R.A. 
 (N.S.) 731. 
 
 § 250. Evidence of specific instances 
 to prove character. 
 
 Evidence of specific instances of unehastity 
 
 of alleged victim of sexual offense. 
 
 L.R.A.1916B, 965. 
 Rape. L.R.A.1916B, 965. 
 Assault with intent to commit rape. 
 
 L.R.A.1916, 966. 
 Incest. L.R.A.1916B, 966. 
 Abduction. L.R.A.X916B, 967. 
 Defiling female child. L.R.A.1916D, 
 
 967. 
 Seduction. L.R.A.1916B, 967. 
 Bastardy. L.R.A.1916B, 969. , 
 
 § 251. Of person killed or injured. 
 
 Admissibility of evidence of turbulent and 
 dangerous character of victim of 
 assault or homicide on issue of 
 self-defense. L.R.A.1916A, 1245. 
 In general. L.R.A.1916A, 1246. 
 Foundation required for admission of 
 evidence for defendant. L.R.A. 
 1916A, 1255. 
 Rebuttal evidence for prosecution or 
 
 plaintiff. . L.R.A.1916A, 1259. 
 Qualities or traits of character prov- 
 able; special circumstances under 
 which they appear. L.R.A.1916A, 
 1263. 
 Necessity for knowledge by defendant 
 of character of his opponent. 
 L,R.A.1916A, 1266. 
 Where character evidence is offered 
 to explain or justify defend- 
 ant's conduct. L.R.A. 1916A, 
 1266. 
 Where character evidence is offered 
 to corroborate testimony as to 
 the cirtunstances of the as- 
 sault or liomicide. L.R.A. 
 1916A, 1268. 
 Miscellaneous. L.R.A.1916A, 1270. 
 
 Begin with this hook on every law question. 
 
 EVIDENCE, XII. c— cont'd. 
 § 253. To shoiv negligence. 
 
 Evidence as to negligence, generally, sea 
 infra, XII. g. 
 
 Admissibility of evidence as to habits, cus- 
 tom, or reputation of one injured 
 or killed, on the question of his 
 own negligence or freedom from 
 negligence. L.E.A.1916B, 827. 
 When there is direct evidence. L.R.A. 
 
 1916B, 827. 
 To prove freedom from negligence. 
 
 L.R.A.1916B, 827. 
 To prove negligence. L.R.A. 1916B, 
 
 827. 
 When there is no direct evidence. 
 
 L.R.A.1916B, 827. 
 To prove freedom from negligence. 
 
 L.R.A.1916B, 827. 
 To prove negligence. L.R.A.1916B, 
 
 829. 
 
 d. Mental capo/City. 
 
 § 254. Generally. 
 
 Presumption and burden of proof as to, see 
 
 supra, §§ 38-40. 
 Opinion evidence as to, see supra, §§ 189- 
 
 191. 
 Sufficiency of evidence as to, see infra, § 316. 
 
 Admissibility of finding of coroner as to 
 cause of death, to show mental condi- 
 tion of testator. 45 L.R.A. (N.S.) 408. 
 
 Evidence to establish incompetency of wit- 
 ness. 46 L.E.A.(N.S.) 1031. 
 
 e. Intent; motive; fraud; undue in- 
 fluence ; malice. 
 
 § 255. Intent. 
 
 Presumption and burden of proof as to, see 
 
 supra, § 41. 
 Parol evidence as to, see supra, §§ 166, 167. 
 Sufficiency of evidence as to, see infra, § 299. 
 
 Evidence of other crimes to show intent. 
 43 L.R.A.(N.S.) 668, 755, 774, 778. 
 
 Intent of one purchasing goods with knowl- 
 edge that he cannot pay for them. 44 
 L.R.A.(N.S.) 21. 
 
 To show that a written instrument import- 
 ing absolute conveyance was intended 
 as a mortgage. L.R.A.1916B, 271. 
 
 § 258. Motive. 
 
 Right of accused to show unehastity of 
 prosecutrix in statutory rape as sliow- 
 ing motive. 48 L.R.A.(N.S.) 275. 
 
 § 259. Fraud or good faith. 
 
 Presumption and burden of proof as to, see 
 
 supra, § 47. 
 Parol evidence as to, see supra, § 177. 
 
 Of one purchasing goods with knowledge 
 that he cannot pay for them. 44 L.R.A. 
 (N.S.) 21. 
 
 Relevancy of evidence aa to character or 
 reputation on issue ol fraud or dis- 
 honesty in civil case. 49 L.R.A. (N.S.) 
 724. 
 
INDEX TO NOTES. 
 
 243 
 
 EVIDENCE, XII.— cont'd. 
 
 f. Value; damages. 
 
 § 262. Value. 
 
 Opinion evidence as to, see supra, § 194. 
 
 Evidence as to price paid for other prop- 
 erty by party seeking to condemn 
 property for public use. 43 L.R.A. 
 (N.S.) 985. 
 General rule. 43 L.R.A. (N.S.) 986. 
 Evidence of price paid tenant. 43 
 
 L.R.A.(N.S.) 988. 
 Evidence of prices paid by another 
 condemning party. 43 L.R.A. 
 (N.S.) 988. 
 Evidence of prices paid by secret 
 agents of condemning party. 
 43 L.R.A.(N.S.) 988. 
 Cross-examination as to opinion. 
 43 L.R.A.(N.S.) 988. 
 Rule admitting the evidence. 43 L.R.A. 
 
 (N.S.) 989. 
 Jurisdictions in doubt or uncertainty. 
 
 43 L.R.A.(N.S.) 991. 
 Determination of the value of the use or 
 
 rental of property. 44 L.E.A. 
 
 (N.S.) 499. 
 Scope of note. 44 L.R.A. (N.S.) 499. 
 Determination of rental value in gen- 
 
 eraL 44 L.R.A. (N.S.) 499. 
 Value of property. 44 L.R.A. (N.S.) 
 
 504. 
 Other rentals of the property. 44 
 
 L.R.A. (N.S.) 504. 
 Rent paid for similar: property. 44 
 
 L.R.A. (N.S.) 505. 
 Proof of extraordinary rental value. 
 
 44 L.R.A.(N.S.) 505. 
 Customary price. 44 L.R.A.(N.S.) 505. 
 
 Evidence of value of services or of custom- 
 ary compensation on question as to 
 amount agreed upon. L.R.A.1915C, 
 1208. 
 Evidence of custom. L.E.A.1915C, 
 
 1209. 
 Evidence of value. L.E.A.191SC, 1213. 
 In general. L.R.A.1915C, 1213. 
 Contrary doctrine. L.R.A.1915C, 
 
 1217. 
 Evidence that a certain price 
 meant profit or loss. L.R.A. 
 1915C, 1217. 
 Evidence as to cost or expense. 
 
 L.R.A.1915C, 1218. 
 Employee's value to other employ- 
 ers. L.R.A.1915C, 1219. 
 Miscellaneous. L.R.A.1915C, 1219. 
 
 § 263. Damages. 
 
 Opinion evidence as to, see supra, § 194. 
 As to measure of damage, see Damages, III. 
 
 Competency of evidence in action for dam- 
 ages for mental anguish in tele- 
 graph case. 49 L.R.A. (N.S.) 285. 
 Admissibility of evidence to show that 
 telegram would have accomplished 
 its purpose. 49 L.R.A. (N.S.) 261. 
 Consult also L.R.A. Vigests to date. 
 
 EVIDENCE, XII. t— cont'd. 
 § 264, — for personal injury. 
 
 As to measure of damages, see Damages, 
 
 III. k. 
 Admissibility of evidence as to physical 
 condition of members of deceased's 
 family in action for his death. 49 
 L.R.A.(N.S.) 737. 
 Admissibility as bearing on question of 
 expectancy of life. 49 L.R.A. 
 (N.S.) 742. 
 
 g. Negligence. 
 
 § 266. Generally. 
 
 Presumption and burden of proof as to, see 
 
 supra, III. g. 
 Sufficiency of evidence as to, see infra, 
 
 XIII. b. 
 Evidence of reputation as to negligence, see 
 
 supra, § 253. 
 
 Negligence of railroad company as to cattle 
 guards. L.R.A.1915B, 135. 
 
 § 267. On highway. 
 
 Presumption and burden of proof as to, 
 see supra, § 76. 
 
 Violation of statute or ordinance prohibit- 
 ing obstruction of crossing by trains 
 as evidence of negligence. 47 L.R.A. 
 (N.S.) 821. 
 
 In action for damages resulting from fright 
 of horse by automobile on highway. 48 
 L.R.A.(N.S.) 969. 
 
 § 269. Contributory negligence. 
 
 Presumption and burden of proof as to, see 
 supra. III. g, 2. 
 
 Evidence as to reputation to show, see su- 
 pra, § 253. 
 
 Intoxication as evidence of. 47 L.R.A. 
 (N.S.) 740. 
 
 Evidence of fast driving and intoxication 
 on question of contributory negligence 
 of driver of horse encountering auto- 
 mobile on highway. 50 L.R.A. (N.S.) 
 568. 
 
 j. Similar acts and facts. 
 
 § 272. Generally. 
 
 Evidence of other assaults made at about 
 the time of one for which action for 
 damages is brought. 44 L.R.A. (N.S.) 
 1173. 
 Admissibility upon question as to breach of 
 warranty, of evidence as to success 
 or failure of similar goods or ap- 
 paratus. L.R.A.1915B, 626. 
 Evidence by comparison to show effi- 
 ciency or excellence. L.R.A. 
 1915B, 627. 
 Things in common use or simple 
 in operation. L.R.A. 1915B, 
 627. 
 Things particularly afifected by cir- 
 cumstances of use or , 
 operation. L.R_A.1915B, ' 
 630 
 
244 
 
 INDEX TO NOTES. 
 
 EVIDENCE, XII. i— cont'd. 
 
 Where similarity is sufficient. 
 L.R.A.1915B, 630. 
 The issue of plan or de- 
 sign. L.R.A.1915B, 
 630. 
 Where similarity is insuffi- 
 cient. L.R.A.1915B, 634. 
 Evidence by comparison to show unfit- 
 ness. L.E.A.1915B, 635. 
 Things in common use or simple 
 in operation. L.E.A.1915B, 
 635. 
 Things particularly affected by cir- 
 cumstances of use or opera- 
 tion. L.K.A.1915B, 636. 
 Theory that evidence by comparison 
 does not prove quality. L.K.A. 
 1915B, 637. 
 Miscellaneous. L.K.A.1915B, 638. 
 
 § 275. Evidence of othen crimes. 
 
 In prosecution for obtaining money or 
 property by fraudulent means. 43 
 L.E.A.(N.S.) 667. 
 Evidence inadmissible. 43 L.R.A. 
 
 (N.S.) 668. 
 Evidence admissible. 43 L.R.A. (N.S.) 
 668. 
 To show intent. 43 L.R.A. (N.S.) 
 
 668. 
 To show a, series, of similar trans- 
 actions or general scheme. 43 
 L.R.A.(N.S.) 670. 
 As tending to prove the act 
 charged. 43 L.R.A. (N.S.) 
 670. 
 In prosecution for forgery or uttering 
 forged instrument. 43 L.R.A. 
 (N.S.) 754. 
 Evidence inadmissible. 43 L.R.A. 
 
 (N.S.) 754. 
 Evidence admissible. 43 L.R.A.(N.S.) 
 755. 
 To show guilty knowledge or in- 
 tent. 43 L.R.A. (N.S.) 755. 
 To show scheme or system. 43 
 
 L.R.A.(N.S.) 756. 
 As being part of, or incidental to 
 proof of, the crime charged. 
 43 L.R.A.(N.S.) 756. 
 In prosecution for embezzlement. 43 L.R.A. 
 
 (N.S.) 774. 
 In prosecution for larceny. 43 L.R.A. (N.S.) 
 776. 
 Evidence held inadmissible. 43 L.R.A. 
 
 (N.S.) 777. 
 Evidence of other crimes admissible. 
 43 L.R.A.(N.S.) 778. 
 show intent. 43 L.R.A.(N.S.) 
 778. 
 
 show general design or plan. 
 
 43 L.R.A.(N.S.) 780. 
 
 To connect accused with the offense 
 
 charged. 43 L.R.A.(N.S.) 
 
 - 781. • 
 
 In prosecution for sodomy. 46 L.R.A. (N.S.) 
 
 266. 
 In proseciition for rape or assault to rape. 
 48 L.R.A.(N.S.) 236. 
 Begin nith this hoolc on every law question. 
 
 To 
 
 To 
 
 EVIDENCE, XII. j— cont'd. 
 
 Statutory rape. 48 L.R.A. (N.S.) 236. 
 Similar acts with the same female, 
 in general. 48 L.R.A. (N.S.) 
 236. 
 Similar acts prior to the one 
 charged. 48 L.R.A. (X.S.) 236. 
 Similar acts subsequent to the one 
 charged. 48 L.R.A. (N.S.) 237. 
 Different crime or crimes with oth- 
 ers than prosecuting witness. 
 48 L.R.A. (N.S.) 238. 
 Texas decisions. 48 L.R.A. (N.S.) 
 
 238. 
 Accessory to statutory rape. 48 
 L.R.A.(N.S.) 239. 
 Common -law. rape. 48 L.R.A. (N.S.) 
 
 239 
 Assault to rape. 48 L.R.A. (N.S.) 240. 
 In prosecution for arson. L.R.A.1915A, 809. 
 In prosecution for bribery. L.R.A.1915B, 
 
 103. 
 Admissibility of evidence of prior or sub- 
 sequent acts of intercourse between the 
 parties in a prosecution for incest. 
 L.R.A.1915A, 138. 
 
 Tc. Rebuttal. 
 
 § 276. Generally. 
 
 Rebuttal of wife's presumptive agency in 
 procuring necessaries. 47 L.R.A. (N.S.) 
 282. 
 
 Of presumption as to receipt of communica- 
 tion sent through mail. 49 L.R.A. 
 (N.S.) 467. 
 
 Admissibility of evidence to rebut presump- 
 tion of death from absence. L.R.A. 
 1915B, 742. 
 
 I. Contracts; personal relations. 
 
 § 278. Contracts. 
 
 Presumption and burden of proof as to, see 
 
 supra, III. i. 
 Sufficiency of evidence as to, see infra, 
 
 XIII. f. 
 
 In action by vendee because of vendor's fail- 
 ure to furnish abstract of title. 43 
 L.R.A.(N.S.) 51. 
 
 Evidence as to results of use of substance 
 upon issue as to breach of warranty as 
 to ingredients. L.R.A.1915D, 875. 
 
 Admissibility upon question of breach of 
 warranty, of evidence as to success or 
 failure of similar goods or apparatus. 
 L.R.A.1915B, 626. 
 
 § 280, Personal relations. 
 
 Evidence of divorce in action for alienation 
 of affections or criminal conversation. 
 46 L.R.A.(N.S.) 1085. 
 
 m. Ownership; authority. 
 
 § 281. Ownership. 
 
 Presumption and burden of proof as to, see 
 supra, § 104. 
 
 Admissibility of declarations as to ovmer- 
 ship by one in possession of personal 
 property. 49 L.R.A. (N.S.) 700. 
 
INDEX TO NOTES. 
 
 245 
 
 EVIDENCE, XII.— oont'd, 
 
 n. Miscellaneous civil matters. 
 % 283. Generally. 
 
 Matters of evidence peculiar to the Torrens 
 Law. L.R.A.1916D, 39. 
 
 Admissibility of evidence of assessment or 
 nonassessment of property as affect- 
 ing its dedication or acceptance for 
 public use. L.E.A.1916B, ll75. . 
 
 Evidence in action for defamation of un- 
 named person. 48 L.E.A. (N.S.) 363. 
 
 Evidence in action to enforce subscription 
 to charity. 48 L.E.A. (N.S.) 814. 
 
 Evidence to establish insanity of witness. 
 46 L.R.A.(N.S.) 1031. 
 
 On question of liability of vendor of trees, 
 shrubs, plants, or vine^. 49 L.E.A. 
 (N.S.) 1154. 
 
 o. Criminal matters. 
 
 § 284. Generally. 
 
 Presumption and burden of proof in, see 
 supra. III. 1. 
 
 Evidence of character of person killed or in- 
 jured, see supra, § 251. 
 
 Evidence of other crimes, see supra, § 275. 
 
 Sufficiency of evidence in, see infra, XIII. i. 
 
 Proof of former conviction where greater 
 penalty is imposed for crime committed 
 by habitual criminals or prior offend- 
 ers. 48 L.R.A.(N.S.) 206. 
 
 Sufficiency of record offered to prove con- 
 viction or acquittal. L.E.A.1916B, 
 954. 
 
 § 285. Evidence of corpus delicti. 
 
 In arson L.R.A.1916D, 1299. 
 In larceny. L.R.A.1916B, 846. 
 In rape. L.R.A.1916B, 747. 
 
 § 286. In prosecution for homicide. 
 
 As to character or reputation of deceased, 
 see supra, § 251. 
 
 Admissibility of finding of coroner to show 
 
 cause of death. 45 L.R.A.(N.S.) 404. 
 Evidence of declarations of victim of intent 
 
 to commit suicide. L.E.A.1916B, 821. 
 Evidence of lowei' or different degree in 
 
 prosecution for homicide. 43 L.E.A. 
 
 (N.S.) 813. 
 
 ^ 287. In prosecution for miscellane- 
 ous crimes. 
 
 Eight of accused to show unchastity of 
 prosecutrix in statutory rape. 48 
 L.E.A.(N.S.) 269. 
 
 Evidence of impotency in prosecution for 
 rape. L.R.A.1915B, 132. 
 
 In prosecution for rape of female of un- 
 sound mind. L.R.A.1916F, 749. 
 
 In prosecution under congressional "white 
 slave traffic act." L.E.A.1915A, 866. 
 
 XIII. Weight; effect; sufficiency. 
 
 a. In general. 
 
 § 288. Generally. 
 
 Conclusiveness of judgment, see Judg- 
 ment 
 Consult also L.R.A. Digests to date. 
 
 EVIDENCE, XIII. a— con*U 
 Weight of evidence as question for jury, see 
 Trial, III. b. 
 
 Eight to judgment non obstante veredicto 
 because of failure of proof. L.R.A. 
 1916E. 828. 
 
 Power of court to disregard testimony be- 
 cause contrary to scientific principles. 
 L.R.A.1916D, 301. 
 
 Conclusiveness of judicial admissions as to 
 strangers. L.E.A.1915A, 200. 
 
 § 290. Of expert testimony. 
 
 Conclusiveness of the testimony of experts 
 as to the value of professional serv- 
 ices. 45 L.R.A.(N.S.) 181. 
 
 Conclusiveness upon the jury. 45 
 L.R.A.(N.S.) 181. 
 
 Trials without a jury. 45 L.E.A. (N.S.) 
 184. 
 
 &. Negligence. 
 
 § 294. Generally. 
 
 Presumption and burden of proof as to, see 
 
 supra, III. g. 
 Eelevancy of evidence as to, see supra, XII. 
 
 g- 
 
 Negligence of railroad company as to cattle 
 guards. L.E.A.1915B, 136. 
 
 Credibility and effect of testimony of person 
 injured at a railroad crossing that he 
 looked and listened, where he must have 
 detected the train had he looked or 
 listened. L.EA.1915B, 140. 
 
 Violation of statute or ordinance as to 
 obstruction of crossings by trains as 
 negligence per se. 47 L.R.A. (N.S.) 821. 
 
 Sufficiency of proof of negligence of carrier 
 causing injury to passenger. L.R.A. 
 1916C, 366. 
 
 Sufficiency of evidence to render carrier li- 
 able for injury to passenger for act 
 of drunken fellow passenger. 4 B. R. 
 C. 330. 
 
 c. Matters as to persons. 
 
 § 295. Marriage. 
 
 Presumption and burden of proof as to, see 
 supra, §§ 27, 28. 
 
 Proof of ceremonial marriage by testi- 
 mony of eyewitnesses, celebrant, or 
 parties. L.R.A.1915E, 121. 
 
 § 299. Intent. 
 
 Presumption and burden of proof as to, 
 
 see supra, §§ 41, 42. 
 Parol evidence as to, see supra, §§ 166, 167. 
 Relevancy of evidence as to, see supra, § 
 
 255. 
 
 Sufficiency of evidence to show intentional 
 injury in action on insurance policy 
 exempting insurer or limiting its lia- 
 bility in case of injury intentionally in- 
 flicted by another. 48 L.R.A. (N.S.) 
 524. 
 
24:0 
 
 INDEX TO NOTES. 
 
 EVIDENCE, XIII. c— cont'd. 
 § 302a. Drunkenness. 
 
 Sufficiency of evidence to warrant removal 
 of officer for drunkenness. 50 L.E.A. 
 (N.S.) 915. 
 
 Weight and sufficiency of evidence of in- 
 toxication as affecting ■ negligence. 47 
 L.E.A.(N.S.) 742. 
 
 § 303a. Identity. 
 
 Parol evidence as to, see supra, § 183. 
 
 Sufficiency of evidence to establish identity 
 in action for defamation of unnamed 
 person. 48 L.R.A.(N.S.) 369. 
 
 Sufficiency of evidence of resemblance be- 
 tween finger or hand prints as proof 
 of identity. 3 B. E. C. 70. 
 
 d. To overcome writing. 
 
 §- 304. Generally. 
 
 Sufficiency of proof of mistake to secure 
 avoidance of release of claim for per- 
 sonal injuries. L.E.A.1916B, 785. 
 
 /. Contracts. 
 
 § 309. Generally. 
 
 Presumption and burden of proof as to, see 
 
 supra, III. i. 
 Relevancy of evidence as to, see supra, 
 
 XII. 1. 
 
 Proof of secondary contract abrogating or 
 altering prior contract. L.E.A.1915B, 
 68. 
 
 Weight of parol evidence introduced to show 
 that instrument importing an absolute 
 conveyance was intended to operate as 
 a mortgage. L.E.A.1916B, 247. 
 
 Evidence necessary to show waiver of stip- 
 ulation in building contract that alter- 
 ations or extras must be ordered in 
 writing. 48 L.R.A.(N.S.) 583. 
 
 Sufficiency of evidence, in connection with 
 possession of deed by grantor at his 
 death, to show nondelivery of deed. 44 
 L.E.A.(N.S.) 529. 
 
 Sufficiency of evidence to show delivery of 
 deed, though grantor had possession 
 thereof at his death. 44 L.E.A. (N.S.) 
 534. 
 
 Proof of contract to leave property in con- 
 sideration of services or support in 
 suit for its specifio performance. 44 
 L.E.A.(N.S.) 743. 
 
 Proof of contract to leave property to child 
 in consideration of his living with 
 promisor, in suit for specific perform- 
 ance. 44 L.E.A.(N.S.) 769. 
 
 § 311> Insurance matters. 
 
 Presumption and burden of proof as to, see 
 supra, § 103a. 
 
 Sufficiency of evidence to show intentional 
 injury in action on insurance policy 
 exempting insurer or limiting its lia- 
 bility in case of an injury intentionally 
 inflicted by another. 48 L.R.A.(N.S.) 
 529, 
 
 Begin tvith this hoolt on every law question. 
 
 EVIDENCE, XIII. t— cont'd. 
 
 Validity and construction of provision in 
 insurance policy requiring the fact or 
 circumstances of loss ito be established 
 by eye witness. 51 L.E.A. (N.S.) 221. 
 
 g. Will cases. 
 
 § 312. Generally. 
 
 Presumption and burden of proof as to 
 wills, see supra, §§ 102, 103. 
 
 Sufficiency of proof to account for nonpro- 
 duction of will upon application to pro- 
 bate it as a lost or destroyed will. 
 
 50 L.E.A.(N.S.) 86L 
 
 Proof of will where attesting witnesses 
 have forgotten circumstances attend- 
 ing its execution. 51 L.E.A. (N.S.) 
 927. 
 
 Effect of adverse testimony of attesting wit- 
 nesses as to execution of will. L.R.A. 
 1916C, 1218. 
 
 h. Miscellaneous civil cases, 
 
 § 313. Generally. 
 
 Under the Torrens Law. L.R.A.1916D, 39. 
 
 Sufficiency of evidence as to death without 
 issue. 4 B. E. C. 632. 
 
 Sufficiency of circumstances to rebut pre- 
 sumption of death from absence. L.E.A. 
 1915B, 743. 
 
 Sufficiency of evidence to establish pecun- 
 iary loss in statutory action for death. 
 L.E.A.1916E, 145. 
 
 Sufficiency of proof of pecuniary loss in 
 action by parent to recover for death 
 of adult child. L.R.A.1916E, 197. 
 
 Sufficiency of proof of pecuniary loss in 
 statutory action by adult child to re- 
 cover for death of parent. L.E.A. 
 1916E, 180. 
 
 Sufficiency of evidence in action for dam- 
 ages for mental anguish in tele- 
 graph case. 49 L.E.A. (N.S.) 285. 
 Sufficiency of proof that telegram would 
 have accomplished its purpose. 49 
 L.E.A.(N.S.) 262. 
 
 Of poor condition, when delivered, of trees, 
 in action against vendor. 49 L.R.A. 
 (N.S.) 1154. 
 
 Making weight as found by public weigher 
 conclusive as between buyer and seller. 
 
 51 L.R.A.(N.S.) 731. 
 
 Weight and sufficiency of evidence to re- 
 but presumption as to receipt of com- 
 munication sent through mail. 49 
 L.R.A.(N.S.) 469. 
 Conclusiveness of presumption as to re- 
 ceipt of communication sent through 
 mail. 49 L.E.A.(N.S.) 458. 
 May proof of delivery essential to gift rest 
 
 upon subsequent declarations of 
 
 donor alone. L.R.A.1916E, 288. 
 Rule that subsequent declarations are 
 
 insufficient. L.E.A.1916E, 289. 
 Eule that subsequent declarations are 
 
 sufficient. L.R.A.1916E, 29i: 
 Indecisive or doubtful cases. 
 
 In general. L.E.A.19ieE, 295. 
 
INDEX TO NOTES. 
 
 247 
 
 EVIDENCE, XIII. h— cont'd. 
 
 Cases against gifts. L.R.A.1916E, 
 
 295. 
 Cases for gifts. L.R.A.1916E, 296. 
 Examples of the value of subsequent 
 declarations in connection with 
 other evidence. L.R.A.1916E, 296. 
 Miscellaneous. L.R.A.1916E, 298. 
 Decree of certainty with which perjury set 
 up as ground for relief against, judg- 
 ment must be established. L.R.A. 
 1916B, 891. 
 Weight and sufficiency of evidence of assess- 
 ment or nonassessment of property as 
 affecting its dedication or acceptance 
 for public use. L.R.A.1916B, 1177. 
 
 § 314. liibel. 
 
 SuflSciency of evidence to establish identity 
 in action for defamation of unnamed 
 person. 48 L.R.A. (N.S.) 369. 
 
 Character and sufficiency of proof of truth 
 as a defense to a civil action for libel 
 or slander. 50 L.R.A. (N.S.) 1041. 
 
 i. Criminal cases. 
 1. In general. 
 
 § 315. Generally. 
 
 Presumption and burden of proof as to, 
 
 see supra. III. 1. 
 Relevancy of evidence in, see supra, XII. o. 
 
 Sufficiency as proof of identity, of evidence 
 of resemblance between finger or hand 
 prints. 3 B. R. C. 70. 
 
 § 316. As to sanity. 
 
 Presumption and burden of proof as to, see 
 supra, § 40. 
 
 Measure of proof as to sanity in criminal 
 
 cases. 44 L.R.A. (N.S.) 125. 
 
 Doctrine that defendant must establish 
 
 insanity beyond a reasonable 
 
 doubt. 44 L.R.A.(N.S.) 125. 
 
 Doctrine that defendant must establish 
 
 insanity by a preponderance of 
 
 evidence. 44 L.R.A.(N.S.) 
 
 126. 
 By a fair preponderance. 44 
 
 L.R.A.(N.S.) 128. 
 To satisfaction of jury. 44 
 
 L.R.A.(N.S.) 128. 
 To belief of jury. 44 L.R.A.(N.S.) 
 
 129. 
 Must clearly prove. 44 L.R.A. 
 
 (N.S.) 129. 
 Doctrine that defendant need only 
 raise reasonable doubt as to his 
 sanity. 44 L.R.A.(N.S.) 130. 
 
 § 318. Corpus delicti. 
 
 Relevancy of evidence as to, see supra, § 
 
 285. 
 
 In arson. L.R.A.1916D, 1299. 
 In larceny. L.R.A.1916B, 846. 
 
 To corroborate confession. L.R.A. 
 1916B, 848. 
 In rape. L.R.A.1916B, 747. 
 
 Consult also L.R.A. Digests to date. 
 
 EVIDENCE, XIII. i, 1— cont'd. 
 § 318a. Dying declarations. 
 
 Weight to which dying declarations are en- 
 titled. 52 L.R.A.(N.S.) 152. 
 
 In general. 52 L.R.A. (N.S.) 152. 
 
 Weight in view of the circumstancee. 
 52 .L.R.A. (N.S.) 153. 
 
 Value as compared with ordinary testi- 
 mony. 52 L.R.A.(N.S.) 155. 
 
 Miscellaneous. 52 L.R.A. (N.S.) 160. 
 
 g 319. Circumstantial evidence. 
 
 Establishment in prosecution for perjury of 
 falsity of testimony by circumstantial 
 evidence. 44 L.R.A. (N.S.) 513. 
 
 § 320. CorroTioration. 
 
 Applicability of rule that conviction of per- 
 jury cannot rest upon uncorroborated 
 evidence of a single witness, to prose- 
 cution for subornation of perjury. 44 
 L.R.A.(N.S.) 307. 
 
 Necessity of corroborating evidence as to 
 reputation of house to support a con- 
 viction of keeping a disorderly house. 
 46 L.R.A.(N.S.) 593. 
 
 § 321. ^ of accomplice. 
 
 Who is accomplice in gambling within rule 
 requiring corroboration of testi- 
 mony. 43 L.R.A.(N.S.) 546. 
 
 Playing or betting at cards. 43 L.R.A. 
 (N.S.) 546. 
 
 Betting on election. 43 L.R.A. (N.S.) 
 548. 
 
 Betting at pool or tenpins. 43 L.R.A. 
 (N.S.) 548. 
 
 Permitting unlawful gaming. 43 
 
 L.R.A. (N.S.) 548. 
 
 Common gambler. 43 L.R.A. (N.S.) 
 548. 
 
 Selling lottery tickets. 43 L.R.A. (N.S.) 
 548. 
 Purchaser of intoxicating liquors illegally 
 
 sold as an accomplice. 46 L.R.A. (N.S.) 
 
 410. 
 Letters identified only by prosecutrix as 
 
 corroboration of her testimony to prove 
 
 seduction or rape. 49 L.R.A. (N.S.) 
 
 1198. 
 Age of alleged accomplice in sexual offense 
 as affecting the necessity of corrob- 
 eration of testimony. L.R.A.1915E, 
 1222. 
 
 Incest. L.R.A.1915E, 1223. 
 
 Crimes against nature. L.R.A.1915E, 
 1224. 
 
 Adultery. L.R.A.1915E, 1224. 
 
 § 323. Reasonable doubt. 
 
 Presumption and burden of proof as to san- 
 ity in criminal case. 44 L.R.A. (N.S.) 
 119. 
 
 § 324. —what constitutes. 
 
 As to defendant's insanity. 44 L.R.A. 
 (N.S.) 119. 
 
 S. Various particular crimes. 
 
 § 327. Sales of liquor. 
 
 Presumption and burden of proof as to, see 
 supra, § 117. 
 
INDEX TO NOTES. 
 
 EVIDENCE, XIII. i, Z— cont'd. 
 
 Is allegation or proof of the sale of "beer" 
 or "lager beer" sufficient to sustain 
 a conviction under statutes prohib- 
 iting the sale of spirituous, vinous, 
 distilled, malt, fermented, or intox- 
 icating liquor. 48 L.R.A.(N.S.) 
 308. 
 Beer. 48 L.R.A.(N.S.) 309. 
 Lager beer. 48 L.R.A.(N.S.) 310. 
 
 § 328. Miscellaneous. 
 
 In prosecution under congressional "white 
 slave traffic act." L.R.A.1915A, 867. 
 
 XIV. Admissibility under pleadings; 
 variance. 
 
 § 329. Admissibility under plead- 
 ings. 
 
 Necessity of making allegations, see Plead- 
 ing, § 37. 
 
 Admissibility under pleadings of parol evi- 
 dence to show that written instrument 
 importing an absolute transfer was in- 
 tended to operate as a mortgage. 
 L.R.A.1916B, 656. 
 
 § 330. Variance. 
 
 Variance between proof and theory of the 
 case set forth in pleading. 50 L.E.A. 
 (N.S.) 14. 
 
 Variance between pleading and proof in ac- 
 tion for damages through horse becom- 
 ing frightened by automobile on high- 
 way. 48 L.R.A.(N.S.) 966. 
 
 Variance between pleading and proof in ac- 
 tion to enforce subscription to charity. 
 48 L.R.A.(N.S.) 807. 
 
 Necessity and sufficiency of allegation or- 
 proof as to time of injury to persons 
 or property on railroad track. L.R.A. 
 1915A, 781. 
 
 § 333. — ' in prosecution for keeping 
 disorderly bouse. 
 
 Proof of offense during any part of time 
 alleged. 49 L.R.A.(N.S.) 798. 
 
 Proof of offense at a time prior to that 
 alleged. 49 L.R.A. (N.S. ) 798. 
 
 Proof of offense at a time between that al- 
 leged and the time of finding the in- 
 dictment. 49 L.R.A.(N.S.) 800. 
 
 Maine and Massachusetts cases. 49 L.E.A. 
 (N.S.) 800. 
 
 EVIDEirriAKY ABTICIiES. 
 
 Right of officer executing criminal process 
 to take possession of evidentiary arti- 
 cles. L.R.A.1916C, 1017. 
 
 EXAMINATION. 
 
 Of juror, see Jtjet, § 8a. 
 
 Of witnesses, generally, see Witnesses. 
 
 EXCAVATION. 
 
 § 1. Generally. 
 
 Injury to lateral support by, see Latbbai. 
 
 SUPPOET. 
 
 § 3. Injuries in. 
 
 Municipal liability for injury by excava- 
 tions in street, see Highways, § 70. 
 
 Liability of landlord to third persons as to. 
 50 L.R.A.(N.S.) 305. 
 
 EXCEPTIONS. 
 
 On appeal, see Appeal and Eeeoe, § 24a. 
 
 In deed, see Deeds, III. e, 2. 
 
 Creation of easement by, see Easements, § 
 
 8. 
 Negation of, in indictment, see Indictment, 
 
 etc., § 8. 
 
 EXCESSIVE DAMAGES. 
 
 For personal injury, see Damages, § 64. 
 For death, see Damages, § 65a. 
 
 ■<«» 
 
 EXCESSIVE SENTENCE. 
 
 Effect of, see Csiminai. Law, § 79. 
 
 4 ■ » 
 
 EXCHANGES. 
 
 § 1. Generally. 
 
 Membership in exchange as subject of tax- 
 ation. 50 L.R.A.(N.S.) 255. 
 
 EXCISE. 
 
 Validity of excise tax on automobiles. 52 
 L.R.A.(N.S.) 949. 
 
 EXCITEMENT. 
 
 As affecting testamentary capacity. L.E.A. 
 
 1915A, 458. 
 Of accused as affecting voluntariness of 
 
 confession. 50 L.R.A.(N.S.) 1087. 
 
 EXCLUSIVENESS. 
 
 Of statutory remedy, see Eleotion of Rem- 
 edies, § 12. 
 
 Begin with this hooJc on every law question. 
 
 EXCLUSIVE PRIVILEGE. 
 
 To operate ferry. L.R.A.1916D, 834. 
 
INDEX TO NOTES. 
 
 249 
 
 EXCLUSIVE REMEDY. 
 
 See Election of Remedies, § 12. 
 •-•-♦ 
 
 EXCURSIONISTS. 
 
 Imputing negligence of carrier to. L.R.A. 
 1915A, 762. 
 
 Duty of carrier to passenger on train or 
 boat chartered to third person for ex- 
 cursion or similar purposes. 52 L.R.A. 
 (N.S.) 260. 
 
 EXCUSABLE HOMICIDE. 
 
 In commission of, or attempt to commit, 
 abortion. 49 L.R.A. (N.S.) 582. 
 
 EXCUSE. 
 
 For assault and battery, see Assault and 
 
 Battery, §§ 3-6. 
 For committing crime, see Criminal Law, 
 
 III. 
 For nonperformance of contract, see CON- 
 
 TEAOTS, V. a, 2. 
 
 EXECUTION. 
 
 I. In general, §§ 1—14:. 
 IV. Body execution, § IS. 
 
 I. In general. 
 
 § I. Generally. 
 
 Of deeds, see Deeds, § 3. 
 
 Exemption from, see Exemptions. 
 
 Sale on, see Judicial Sale. 
 
 Levy on, see Lett and Seizure. 
 
 Property subject to, see Levt and Seizuee, 
 
 II. 
 Of wills, see Wills, III. g. 
 
 Constitutionality of imprisonment on. 
 
 L.R.A.1915B, 646. 
 Territorial extent of lien of execution. 45 
 
 L.R.A.(N.S.) 267. 
 When statute begins to run against action 
 
 by private person based on breach of 
 
 duty in execution by public officer. 
 
 52 L.R.A.(N.S.) 704. 
 
 § 7. Effect of issuing. 
 
 Waiver of lien of chattel mortgage by 
 execution. 51 L.R.A. (N.S.) 1068. 
 
 § 13. Priority; loss of. 
 
 Priority as between true owner and exe- 
 cution creditors of one in whose name 
 he has placed stock on the books of 
 the corporation. 49 L.R.A. (N.S.) 
 1159. 
 Consult also L.R.A. Digests to date. 
 
 EXECUTION, l.—oont'd. 
 
 May priority between judgments, the liens 
 of which have attached simultaneously, 
 be obtained by priority of execution 
 proceedings. L.R.A.1916D, 669. 
 
 IT. Body execution, 
 
 §18. Generally. 
 
 Order of arrest or capias ad respondendum 
 as condition of right to body execution. 
 L.R.A.1915A, 706. 
 
 Right to bail pending attempt to avoid 
 body execution. L.R.A.1915E, 340. 
 
 EXECUTIVE DEPARTMENTS, 
 
 See Courts, § 17 ; Goveenob. 
 
 •-•-♦ 
 
 EXECUTIVE OFFICERS. 
 
 Mandamus to, see Mandamus, § 5. 
 
 # «» 
 
 EXECUTOR DE SON TORT. 
 
 Waiver or tolling of statute of limitations 
 by, as to an indebtedness of the estate. 
 L.R.A.1915B, 1040. 
 
 EXECUTORS AND ADMINISTRA- 
 TORS. 
 
 I, In general, §§ 1, 2, 
 
 II. Appointment; resignation; re- 
 
 moval; honix, §§ 3—11. 
 
 III. Powers, duties, and liabilities; 
 
 claims due estate; assets, §§ 
 
 12-32. 
 a. Rights and powers, §§ 12—18. 
 o. Liabilities, §§ 20—27. 
 
 1. In general, §§ 20—21. 
 
 2. For what liable, §§ 22— 
 
 25. 
 
 3. Liability on bond, §§ 26, 
 
 27. 
 e. Assets, §§ 29a— 32, 
 IT. Indebtedness; distribution; ac. 
 counting and settlement; al~ 
 lowances, §§ 33— 55a. 
 
 a. Debts and obligations of es- 
 
 tate, §§ 33-4:6. 
 
 b. Distribution of estate, §§ 47— 
 
 49. 
 
 c. Accounting; commissions; re- 
 
 imbursement, §§ 50—53. 
 
 d. Allowances, §§ 54^5Sa. 
 
 V. Suits affecting estate, §§ 56—58. 
 VI. Sale of property of estate, § 59. 
 VII. Foreign and ancillary administra- 
 tion, §§ 60, 61. 
 
'250 
 
 INDEX TO NOTES. 
 
 EXECUTORS AND ADMINISTRATORS— 
 oont'A. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Assessment of property of decedent's es- 
 tate, see Taxes, § 54. 
 
 As to succession or inheritance taxes, see 
 Taxes, VI. 
 
 Probate of will, see Wilis, II. 1. 
 
 Competency of witnesses, in action by or 
 against, see Wit^'ESSEs, II. c. 
 
 Competency as an attesting witness of officer 
 or stockholder of a corporation named 
 as executor. L.R.A.1916D, 185. 
 
 Situs for property taxation as between dif- 
 ferent states or countries, of personal 
 property held by executor or adminis- 
 trator. L.R.A. 19150, 949. 
 
 Notice to personal representative of de- 
 ceased owner to redeem from tax sale. 
 44 L.R.A.(N.S.) 668. 
 
 //. Appointment; resignation; remov- 
 al ; bond. 
 
 § 3. Generally. 
 
 Effect of misnaming estate in granting let- 
 ters. 46 L.R.A.(N.S.) 274. 
 
 Right of domiciliary executors and adminis- 
 trators, or their nominees, to ancillary 
 letters. 48 L.R.A.(N.S.) 858. 
 
 § 4. 'What assets -nrill give jurisdic- 
 tion to appoint administrator. 
 
 Necessity for assets. L.R.A.1915D, 856. 
 
 What value necessary. L.R.A.1915D, 857. 
 
 Personal property generally. L.R.A.1915D, 
 858. 
 
 Debts due decedent, generally. L.R.A. 
 1915D, 858. 
 
 Deposit in bank. L.R.A.1915D, 858. 
 
 Contingent claim. L.E.A.1915D, 859. 
 
 Equitable claim. L.R.A.1915D, 859. 
 
 Judgments. L.R.A.1915D, 859. 
 
 Corporate stock. L.R.A.1915D, 859. 
 
 Claim against estate of another. L.R.A. 
 1915D, 860. 
 
 Community property. L.R.A. 1915D, 860. 
 
 Interest in partnership. L.R.A.1915D, 860. 
 
 Action for death or personal injury. L.R.A. 
 1915D, 860. 
 
 Claim against government. L.E.A.1915D, 
 864. 
 
 Insurance policy. L.R.A. 1915D, 864. 
 
 Real estate. L.R.A.1915D, 864. 
 
 Assets brought within jurisdiction after 
 death of intestate. 'L.R.A.1915D, 865. 
 
 Appointment of administrator for sole pur- 
 pose of bringing action under Federal 
 employers' liability act. 47 L.R.A. 
 (N.S.) 78. 
 
 § 5. Who may be appointed. 
 
 Payment or tender of debt due from estate 
 as affecting creditor's right to letters 
 of administration. 45 L.R.A. (N.S.) 
 237. 
 Eight of committee of lunatic or guardian 
 of an infant to appointment as ad- 
 ministrator or executor. L.E.A. 
 3915C, 581. 
 
 EXECUTORS AND ADMINISTRATORS, 
 II. — oonfd. 
 
 As between guardian of different dis- 
 tributees. L.R.A.1915C, 582. 
 Under statute. L.R.A. 1915C, 583. 
 
 Where there are adults in the same 
 class as the minor. L.R.A. 
 1915C, 585. 
 
 § 8. Resignation or removal. 
 
 Effect of insanity or mental incompetency 
 of executor or administrator. 45 L.R.A. 
 (N.S.) 1073. 
 
 § 9. Termination of appointment; 
 revocation of letters of probate. 
 
 Validity of acts done under letters after- 
 wards revoked, see infra, § 16. 
 
 Jurisdiction in case of acts by executor or 
 administrator under letters testamen- 
 tary or of administration subsequently 
 revoked or set aside. 43 L.R.A. (N.S.) 
 634. 
 
 Revocation of letters of administration up- 
 on discovery of will. 49 L.R.A. (N.S. ) 
 894. 
 
 §11. Bond. 
 
 Liability on, see infra, § 26. 
 
 Raising question of executor's or adminis- 
 trator's collusion in establishing claim 
 against estate by an action on his bond. 
 L.R.A.1915C, 738. 
 
 III. Powers, duties, and liabilities; 
 claims due estate; assets. 
 
 a. Rights and powers, 
 
 § 12. Generally. , 
 
 Doctrine of equitable conversion as affect- 
 ing executor's right to sign consent or 
 remonstrance as land owner. 50 L.R.A. 
 (N.S.) 32. 
 
 Power of executor or administrator to en- 
 ter into contract for material or labor 
 so as to subject estate to mechanics' 
 lien therefor. 52 L.R.A. (N.S.) 870. 
 
 Power to waive or toll statute of limita- 
 tions or nonclaim as to an indebtedness 
 of the estate. L.R.A.1915B, 1016. 
 
 Circumstances sufficient to put one taking 
 paper from ex6cutor or administrator 
 on inquiry. 44 L.R.A.(N.S.) 403. 
 
 Liability of corporation transferring stock 
 on books at request of personal repre- 
 sentative of deceased owner. 45 L.R.A. 
 (N.S.) 1079. 
 
 Right of continuing or surviving executor 
 or administrator against former co- 
 executor or coadministrator or latter's 
 representatives. 47 L.R.A. (N.S.) 995. 
 
 I 16. Validity of acts done under let- 
 ters aftervrards revoked or held 
 invalid. 
 
 Validity of act done by an executor or ad- 
 ministrator under letters testa- 
 mentary or of administration af- 
 terward revoked or held invalid. 
 43 L.R.A. (N.S.) 634. 
 Appointment void. 43 L.R^A. (N.S.) 
 635. 
 
 Begin with this boolc on every law question. 
 
INDEX TO NOTES. 
 
 251 
 
 EXECUTOES AND ADMINISTRATORS, 
 III. a — cont'd. 
 
 Appointment voidable only. 43 L.E.A. 
 (N.S.) 636. 
 
 § 17. Power to sell property of es- 
 tate. 
 
 May executor or administrator of grantee 
 named exercise power of sale. 50 
 L.R.A.(N.S.) 621. 
 
 May less than all the executors named ex- 
 ercise power of sale. 50 L.R.A.(N.S.) 
 622. 
 
 When power of sale deemed to be coupled 
 with an interest. 50 L.R.A.(N.S.) 632. 
 
 When power of sale deemed annexed to the 
 office, or given ratione officii. 50 
 L.R.A.(N.S.) 643. 
 
 0. lAdbilities. 
 
 1. In general. 
 
 § 20. Generally. 
 
 Personal liability of representative who 
 waives or tolls statute of limitations or 
 nonclaim as to an indebtedness of the 
 estate. L.R.A.1915B, 1051. 
 
 Manner of raising question to charge exec- 
 utor or administrator personally, of 
 collusion in establishing claim against 
 estate. L.R.A.1915C, 737. 
 
 S. For what liable. 
 
 % 22. Generally. 
 
 Personal liability for succession tax. 
 
 L.R.A.1915C, 615. 
 Personal liability of executor, administrator 
 
 or trustee on covenant in deed executed 
 
 by him. 43 L.R.A.(N.S.) 377. 
 Personal liability for losses to estate from 
 
 investments. 44 L.R.A.(N.S.) 873. 
 Executor or administrator of lessee as an 
 
 assignee of the lease liable for rent. 
 
 52 L.R.A.(N.S.) 987. 
 For funeral expenses. 52 Ii.R.A.(N.S.) 
 
 1152. 
 
 § 23. Deposits in bank. 
 
 Liability for loss of money of estate depos- 
 ited in bank. 45 L.R.A.(N.S.) 1. 
 
 § 24. For interest. 
 
 See Interest, §§ 12, 13. 
 
 3. Liability on bond. 
 
 § 26. Generally. 
 
 Liability of sureties on general bond of ad- 
 ministrator as affected by a special 
 bond. 43 L.R.A.(N.S.) 308. 
 
 e. Assets. 
 
 § 29a. Generally. 
 
 What assets will give jurisdiction to appoint 
 executor, see supra, § 4. 
 
 Payment of money deposited with bank to 
 credit of more than one executor. 
 L.R.A.1915D, 923. 
 Consult also L.R.A. Digests to date. 
 
 EXECUTORS AND ADMINISTRATORS, 
 III. e — cont'd. 
 
 Liability to estate of bank which receives 
 deposit from one assuming without au- 
 thority to act as executor or adminis- 
 trator. L.R.A.1915E, 309. 
 
 Right of executor or administrator to avoid 
 conveyance or transfer by decedent in 
 fraud of creditors. 50 L.R.A.(N.S.) 
 320. 
 
 § 30. What are assets. 
 
 Right of beneficiary as against estate of 
 insured to proceeds of endowment in- 
 surance. 52 L.R.A. (N.S.) 689. 
 
 XV. Indebtedness; distribution; ac- 
 counting and settlement; allowances. 
 
 a. Debts and obligations of estate. 
 
 § 33. Generally. 
 
 Sale of property of estate to pay debts, see 
 infra, § 59. 
 
 Manner of raising question to charge exec- 
 utor or administrator personally, of 
 collusion in establishing claim against 
 estate. L.R.A.1915C, 737. 
 
 Right to recover against estate of incompe- 
 tent for legal services in attempting to 
 secure his freedom or in resisting lunacy 
 proceedings. 45 L.R.A. (N.S.) 67. 
 
 Liability for libel in will. 49 L.R.A.(N.S.) 
 897. 
 
 Mechanics' lien for material or labor fur- 
 nished under contract with executor or 
 administrator. 52 L.R.A.(N.S.) 870. 
 
 § 36. Iiiability for funeral expenses. 
 
 Ultimate liability. 52 L.R.A.(N.S.) 1153. 
 
 Expenditures by one not the executor 
 
 or administrator, without approval 
 
 or ratification by him. 52 L.R.A. 
 
 (N.S.) 1153. 
 
 Of estates of married woman. 52 
 
 L.R.A.(N.S.) 1154. 
 Of estate of husband for wife's funeral 
 
 expenses. 52 L.R.A. (N.S.) 1154. 
 Of estates of infants. 52 L.R.A. (N.S.)- 
 1155. 
 Primary liability as between executor or 
 administrator and the estate. 52 
 L.R.A.(N.S.) 1156. 
 Remedies. 52 L.R.A.(N.S.) 1156. 
 Preference. 52 L.R.A. (N.S.) 1157. 
 Items and amounts. 52 L.R.A. (N.S.) 1158. 
 
 g 37. — items and amounts. 
 
 In general. 52 L.R.A. (N.S.) 1158. 
 Tombstones. 52 L.R.A. (N.S.) 1158. 
 Amount allowable. 52 L.R.A. (N.S.) 1158. 
 Miscellaneous. 52 L.R.A. (N.S.) 1158. 
 
 § 38. Set-off of claim against estate. 
 
 Set-off as between debt due from decedent 
 
 and claim arising after decedent's 
 
 death, out of transaction Avith 
 
 executor or administrator. L.E.A. 
 
 1915A, 299. 
 
 Right of creditor to set-ofi' as against 
 
 executor or administrator. 
 
 L.R.A.1915A, 300. 
 
252 
 
 INDEX TO NOTES. 
 
 EXECUTORS AND ADMINISTRATORS, 
 
 IV. a — cont'd. 
 
 Decisions denying right of set-off. 
 L.R.A.1915A, 300. 
 Reasons for the rule. L.R.A. 
 1915A, 302. 
 Decisions supporting right of set- 
 off. L.R.A.1915A, 304. 
 Bight of executor or administrator to 
 set-off as against creditor. L.R.A. 
 1915A, 306. 
 Effect of agreement by executor or ad- 
 ministrator to allow set-off. 
 L.R.A.1915A, 307. 
 Statutory provisions. L.R.A.1915A, 
 309. 
 
 § 39. Presentation of claims. 
 
 Presentation of claims in ancillary proceed- 
 ings, see infra, § 60. 
 
 § 40. —time for. 
 
 Running of limitations in case of claims 
 against decedents' estates generally, see 
 Limitations op Actions, § 68. 
 
 Waiver or tolling of statute of nonclaims 
 by personal representative. L.R.A. 
 1915B, 1042. 
 
 ft. Distribution of estate. 
 
 § 47. Generally. 
 
 As to descent and distribution generally, see 
 Descent and Distbibution. 
 
 Who entitled to, see Descent and Distribu- 
 tion, II. 
 
 Who entitled to take under will, see Wills, 
 
 V. f. 
 
 Remedy where estate has been distributed 
 before claim accrued. L.R.A.1916A, 
 1185. 
 
 Distribution of assets to next of kin or bene- 
 ficiary under will in jurisdiction of 
 ancillary administration. L.R.A.1915A, 
 431. 
 
 Time as of which valuation of decedent's 
 estate is to be taken for assignment 
 of share of surviving spouse. 3 
 B. R. C. 973. 
 
 § 49. Set-off against distributive 
 share. 
 
 Duty of debtor to account for statute-barred 
 debt before participating in estate of 
 creditor. 4 B. R. C. 718. 
 
 Indebtedness of heir or devisee to estate as 
 counterclaim or set-off Against dis- 
 tributive share in proceeds of real esr 
 tate. L.R.A.1915A, 1179. 
 
 c. Accounting; commissions; reim- 
 bursement. 
 
 § 50. Generally. 
 
 Effect of accounting on personal liability 
 for losses to estate through investments. 
 44 L.R.A.(N.S.) 984. 
 
 Raisihg question to charge executor or ad- 
 ministrator personally, of collusion in 
 establishing claim against estate by ob- 
 jection to his account. L.R.A.1915C, 
 737, 
 
 Begin ivifh this booJc on every laxv question. 
 
 EXECUTORS AND ADMINISTRATORS, 
 
 IV. c — cont'd. 
 § 53. Reimbursement. 
 
 Allowance to executor de son tort of dis- 
 bursements or payments. L.R.A. 
 1915D, 948. 
 
 Suit by rightful representative. L.R.A. 
 1915D, 950. 
 
 Suit by creditor. L.R.A.1915D, 956. 
 
 Suit by distributee, etc. L.R.A.1915D, 
 960. 
 
 Suit by executor de son tort against 
 rightful representative. L.R.A. 
 1915D, 961. 
 
 d. Allowances. 
 
 § 55. 'Widovr's allomrance. 
 
 Widow's right to year's support or allow- 
 ance out of insurance money. 46 L.R.A, 
 
 (N.S.) 788. 
 
 V. Suits affecting estate. 
 
 § 56. Generally. 
 
 Probate of will, see Wills, III. 1. 
 
 § 57. On bebalf of estate. 
 
 By foreign or ancillary representative, see 
 
 infra, § 61. 
 Survival of action in favor of decedent, see 
 
 Abatement and Revival, §§ 2, 3. 
 Right of personal representative to sue for 
 
 death of decedent, see Db^ath, § 10. 
 
 Action for mutilation of corpse. L.R.A. 
 
 1915B, 521. 
 Waiver by legal representatives or heirs of 
 
 privilege as to communications between 
 
 physician and patient. 48 L.R.A. (N.S.) 
 
 420. 
 
 § 58. Suits against. 
 
 Against foreign or ancillary representative, 
 see infra, § 61. 
 
 Waiver or tolling of statute of limitations 
 by personal representative, see Limi- 
 tation OF Actions, § 62a. 
 
 VI. Sale of property of estate. 
 
 § 59. Generally. 
 
 Power of representative to make sale, see 
 supra, § 17. 
 
 Effect of subsequent revocation of letters 
 testamentary or of administration un- 
 der which sale had. 43 L.R.A. (N.S.) 
 634. 
 
 Dower in land subject to purchase money 
 mortgage sold by executor or admin- 
 istrator after husband's death. 52 
 L.R.A.(N.S.) 550. 
 
 Estoppel of executor or administrator to 
 deny that he received the amount stat- 
 ed in his report of sale. L.R.A.1916A, 
 639. 
 
 Sale of real estate in state other than de- 
 , cedent's domicil to pay debts. 
 
 L.R.A.1915D, 754. 
 Orders for the sale of land without the 
 state. L.R.A.1915D, 755. 
 
INDEX TO NOTES. 
 
 253 
 
 EXECUTORS AND ADMINISTRATOES, 
 VI. — cont'd. 
 
 The question of exhaustion of domi- 
 ciliary personal property. 
 L.R.A.1915D, 756. 
 What will be considered as debts. 
 L.R.A.1915D,'757. 
 Must local debta be shown? LJl.A. 
 
 1915D, 757. 
 The question of time. L.E.A.1915D, 
 758. 
 Reasonable delays. L.R.A.1915D, 
 758. 
 Sales in excess of debts. L.R.A.1915D, 
 
 759. 
 When the local administration is con- 
 sidered principal. L.R.A.1915D, 
 759. 
 Distribution of proceeds. L.R.A. 
 
 1915D, 760. 
 Miscellaneous. L.R.A.1915D, 760. 
 
 ru. 
 
 Foreign and ancillary administra- 
 tion. 
 
 § 60. Generally. 
 
 Right of domiciliary executors and admin- 
 istrators, or their nominees, to an- 
 cillary letters. 48 L.R.A. (N.S.) 
 858. 
 
 Domiciliary representative. 48 L.R.A. 
 (N.S.) 858. 
 
 Domiciliary administrators c. t. a. 48 
 L.R.A.(N.S.) 860. 
 
 Of the domiciliary representative's 
 nominee. 48 L.R.A. (N.S.) 862. 
 Rights of foreign creditors under ancillary 
 administration. L.R.A.1915F, 
 
 1041. 
 
 Minority rule. L.R.A.1915F, 1045. 
 Sale of real estate in state other than de- 
 cedent's domicil to pay debts. L.R.A. 
 
 1915D, 754. 
 Distribution of assets to next of kin or bene- 
 ficiary under will in jurisdiction of 
 ancillary administration. L.R.A. 
 1915A, 431. 
 
 General practice. L.R.A.1915A, 431. 
 
 Discretion as to ordering surplus re- 
 mitted to the domiciliary jurisdic- 
 tion, or distributed in the ancillary 
 jurisdiction. L.R.A.1915A, 433. 
 
 Circumstances justifying distribution in 
 the ancillary jurisdiction. L.R.A. 
 1915A, 435. 
 
 Circumstances justifying remittance 
 of surplus to domiciliary jurisdic- 
 tion. L.R.A.1915A, 438. 
 
 Rule as to proceeds of real estate. 
 L.R.A.1915A, 441. 
 
 View that distribution cannot be made 
 in the ancillary jurisdiction. 
 L.R.A.1M5A, 441. 
 
 Effect of statute substituting lex situs 
 for lex domicilii, as governing law 
 with respect in succession to per- 
 sonal property. L.R.A. 1915A, 442. 
 
 Miscellaneous. L.R.A.1915A, 443. 
 
 § 61. Suits by or against. 
 
 Right of foreign or ancillary administrator 
 to maintain statutory action for death 
 of decedent. L.R.A.1916E, 166. 
 Consult also L.R.A. Digests to date. 
 
 EXECUTORY DEVISE. 
 
 See Wills, § 94. 
 
 EXEMPI.ABY DAMAGES. 
 
 See Damages, II. 
 
 •-•-♦ 
 
 EXEMPTION. 
 
 I. In general, § 1. 
 II. Of property from claims of credit- 
 ors, §§ 3—10. 
 a. In general, §§ 2, 3. 
 ft. What property and rights are 
 
 exempt, §§ 4^8. 
 o. Who may claim, §§ 9, 10. 
 
 I. In general. 
 
 § 1. Generally. 
 
 From assessments, see Pxtblic Impeove- 
 
 MENTS, IV. 
 
 From taxation, see Taxes, II. e. 
 From service of process, see Weit and Peo- 
 CESS, II. d. 
 
 II. Of property from, claims of credit- 
 ors. 
 
 a. In general. 
 
 % 2. Generally. 
 
 In bankruptcy, see Bankbtjptot. 
 Of homestead, see Homestead. 
 Conflict of laws as to exemption matters, 
 see C0NFLIC3T or Laws, § 41. 
 
 Applicability of bulk sales law to exempt 
 property. 45 L.R.A. (N.S.) 497. 
 
 Marshalling assets for benefit of mortgagor 
 where mortgage covers both exempt 
 and nonexempt property. 47 L.R.A. 
 (N.S.) 303. 
 
 Enforcement of claim for alimony against 
 exemptions. 50 L.R.A. (N.S.) 697. 
 
 Debtor's right of action against his creditor 
 for collecting debt in another jurisdic- 
 tion in evasion of exemption laws of 
 their domicil. 47 L.R.A. (N.S.) 689. 
 
 § 2a. Selection of exempt property. 
 
 Selection in general. L.R.A.1915D, 381. 
 By debtor. L.R.A.] 915D, 381. 
 Right and duty of officer. L.R.A.1915D, 
 
 388. 
 Where debtor does not own more than 
 amount or number of chattels ex- 
 empted. L.R.A.1915D, 392. 
 Necessity of tendering other property. 
 
 L.R.A.1915D, 394. 
 Time for selection. L.R.A.1915D, 395. 
 
 Before sale. L.R.A.1915D, 397. 
 As against fines and penalties. L.R.A. 
 1915A, 1214. 
 Statutory construction. L.E.A.1915A, 
 
 1215. 
 When the state or the United States 
 is the plaintiff. L.R.A.1915A, 1216, 
 
254 
 
 INDEX TO NOTES. 
 
 EXEMPTION, II. a.~GOnt'd. 
 
 g 3. Protection of exemption. 
 
 A debtor's right of action against his cred- 
 itor for collecting debt in another 
 jurisdiction in evasion of exemp- 
 tion laws of their domloil. 47 
 L.E.A.(N.S.) 689. 
 Eight of action. 47 L.E.A.(N.S.) 689. 
 When statute violated. 47 L.R.A. 
 (N.S.) 690. 
 Absolute pale of claim. 47 L.R.A. 
 
 (N.S.) 690. 
 Right of nonresident. 47 L.E.A. 
 (N.S.) 690. 
 Intent. 47 L.E.A. (N.S.) 691. 
 Exemption of judgment recovered un- 
 der the statute. 47 L.R.A. (N.S.) 
 691. 
 Recognition of statute in another state. 
 47 L.R.A.(N.S.) 692. 
 Assault in resisting seizure of property 
 under process. L.R.A.1916B, 957. 
 
 6. What property and rights are 
 exempt. 
 
 .§ 4. Generally. 
 
 Property subject to garnishment, see Gab- 
 
 NISHMENT, II. C. 
 
 Property subject to attachment or execu- 
 tion, see Levy and SEiztrsB, II. 
 Homestead, see Homestead, II. 
 
 Exemption of piano from seizure under exe- 
 cution. 44 L.R.A.(N.S.) 77. 
 
 Exemption of safe from execution. 46 
 L.R.A.(N.S.) 287. 
 
 Exemption of automobile from seizure for 
 debt. 49 L.R.A. (N.S.) 691. 
 
 Cab, or other vehicle used for transporta- 
 tion of passengers for hire, as exempt 
 property. 4 B. R. C. 478.. 
 
 What is included within exemption of pro- 
 visions and food. L.R.A.1916B, 788. 
 
 § 6. Insurance money. 
 
 Life insurance policy exempt under state 
 
 laws as assets of bankrupt. 46 L.R.A. 
 
 (N.S.) 148. 
 Exemption of proceeds of life insurance af- 
 ter loss from beneiioiary's debts. 
 L.R.A.1915A, 1201. 
 
 Under statute merely authorizing in- 
 surance of life of one spouse for 
 benefit of other. L.R.A.1915A, 
 1201. 
 
 Under statute not expressly mention- 
 ing beneficiary. L.E.A.1915A, 
 1201. 
 
 Under statutes providing that benefit 
 shall be free from claims of cred- 
 itors of persons named in policy or 
 "any creditor or creditors whatso- 
 ever." L.R.A.1915A, 1203. 
 
 Under statute exempting from debts 
 "of person paying the premiums." 
 L.R.A.1915A, 1203. 
 
 Exemption as affected by time when 
 debt was incurred. L.R.A.1915A, 
 1204. 
 
 Exemption as affected by fact whether 
 or not benefit has been paid over. 
 L.R.A.1915A, 1204. 
 
 EXEMPTION, II.— cont'd. 
 
 c. Who may claim. 
 
 § 9. Generally. 
 
 Wife as head of family within exemption 
 
 statute. 51 L.E.A. (N.S.) 1121. 
 What is a "trade" or "profession" withia 
 exemption laws. L.R.A.1915F, 916. 
 
 § 10. In case of nonresidence. 
 
 Righf of nonresident debtor to benefit of 
 
 local exemption law. L,R.A.1915A, 
 
 396. 
 Majority doctrine. L.R.A.1915A, 397. 
 Minority doctrine. L.R.A.1915A, 398. 
 Statutory restrictions. L.R.A.1915A,. 
 
 399. 
 What is nonresidence for the purpose of 
 
 debtor's exemptions. L.R.A.1915A, 
 
 421. 
 Distinction between "nonresidence" for 
 
 the purpose of exemption, and 
 
 "nonresidence'' for the purpose of 
 
 attachment. L.R.A.1915A, 421. 
 Time as of which residence is fixed. 
 
 L.R.A.1915A, 424. 
 Where debtor actually resides with 
 family. L.R.A.1915A, 424. 
 
 Absence from state of domicil. 
 L.R.A.1915A, 426. 
 Where debtor does not actually reside 
 
 with his family. L.E.A.1915A, 428. 
 Resident aliens. L.E.A.1915A, 429. 
 
 EXHIBITIONS. 
 
 Exhibitions generally, see Amusements. 
 Physical examination, see Discovert and 
 Inspection, § 5. 
 
 Of anatomical subjects as nuisance. 45 
 
 L.E.A.(N.S.) 23. 
 Carrier's liability for preventing, by breach 
 
 of contract of carriage. 49 L.E.A. 
 
 (N.S.) 49L 
 Liability for loss of, or injury to, property 
 
 on exhibition. L.R.A.1915A, 594; 
 
 L.E.A.1915B, 305. 
 
 EXHORTATION. 
 
 Voluntariness of confession induced by. 
 50 L.R.A.(N.S.) 1077. 
 
 EXFENDITITRES. 
 
 Estoppel by permitting, sSe Estoppel, § 25. 
 By municipality, see Municipal Corpoba- 
 TiONS, V. e. 
 
 EXPENSES. 
 
 Begin with this ftoo/c on every law question 
 
 Requisites of appropriation for official ex- 
 penses. 49 L.R.A. (N.S.) 67. 
 
INDEX TO NOTES. 
 
 255 
 
 EXPENSES— co»<'d 
 
 Treatment of operating expenses in esti- 
 mating the return of a public service 
 corporation for rate-making purposes. 
 52 L.R.A.(N.S.) 15. 
 
 EXPERIENCE. 
 
 Capitalization of, in determining going con- 
 cern value in public service property 
 valuations. 48 L.E.A.(N.S.) 1133. 
 
 EXPERIMENTS. 
 
 Treatment of expense of experiments in es- 
 timating the return of a public service 
 corporation for rate-making purposes. 
 52 L.R.A.(N.S.) 54. 
 
 EXPERTS. 
 
 Expert accountant, see Accountants. 
 Opinions of, see Evidbnob, VIII. 
 
 EXPUVNATION. 
 
 Parol evidence to explain, see Evidence, 
 VII. e. 
 
 EXPLOSIONS AND EXPLOSIVES. 
 
 /. In general, §§ 1, la. 
 III. Injuries from explosives, §§ 3—10. 
 
 I. In general, 
 
 § 1. Generally. 
 
 As to blasting, see Blasting. 
 Explosives as nuisances, see Nuisances, § 
 6. 
 
 Action on contractor's bond for cost of ex- 
 plosive. 43 L.R.A.(N.S.) 167; L.R.A. 
 1915F, 951. 
 
 § la. Lien for explosives. 
 
 Mechanics' lien for explosives consumed in 
 process of work. L.R.A.1915B, 987. 
 
 III. Injuries from explosives. 
 
 § 3. Generally. 
 
 Injury by explosion of gas, see Gas, IV. 
 Proximate cause of injury, see Peoximate 
 
 Cause, § 6. 
 
 Applicability of rule res ipsa loquitur to 
 explosion of bottle. L.R.A.1916E, 1078. 
 
 Violation of statute or ordinance relating 
 to explosives as ground of private 
 action. 48 L.R.A.(N.S.) 876. 
 
 EXPLOSIONS AND EXPLOSIVES, III.— 
 cont'd. 
 
 Proximate cause. 48 L.R.A.(N.S.) 877. 
 Actionable per se. 48 L.R.A. (N.S.) 
 877. 
 Nuisance. 48 L.R.A. (N.S.) 878. 
 Negligence per se. 48 L.R.A. 
 (N.S.) 879. 
 Powder. 48 L.R.A. (N.S.) 879. 
 Oil. 48 L.R.A. (N.S.) 879. 
 Dynamite. 48 L.R.A. (N.S.) 
 880. 
 As evidence for the jury. 48 
 L.R.A.(N.S.) 880. 
 View that there is no civil action. 48 
 
 L.R.A.(N.S.) 881. 
 Massachusetts. 48 L.R.A. (N.S.) 881. 
 Miscellaneous. 48 L.R.A. (N.S.) 882. 
 Storage of explosives as a nuisance. L.R.A. 
 
 1915A, 615. 
 Liability for injury by explosives during 
 shipment. L.R.A.1916B, 725. 
 Duty and liability of carrier. L.R.A. 
 1916B, 726. 
 Injuries from negligent switching 
 of cars of explosives, or from 
 negligently allowing them to 
 stand on track. L.R.A.1916B, 
 728. 
 Duty and liability of shipper or con- 
 signee. L.R.A.1916B, 729. 
 Duty to give notice of dangerous 
 nature of goods. L.R.A.1916B, 
 731. 
 Statutes or other regulations. L.R.A. 
 1916B, 733. 
 
 g 4. Esplosion in street. 
 
 Res ipsa loquitur in action for injury on 
 highway by explosion. 43 L.R.A. (N.S.) 
 599. 
 
 § 5. Injury to passenger. 
 
 Presumption of negligence from injury to 
 passenger by. L.R.A.1916C, 377. 
 
 § 10. Contributory negligence. 
 
 Of person injured by escape and explosion 
 of gas. L.R.A.1915E, 1027. 
 
 EXPLOSIVES. 
 
 See Explosions and Explosives. 
 
 ♦ «» 
 
 EXPOSITION. 
 
 See Amusements. 
 
 #« » 
 
 EXPOSURE. 
 
 Persons protected by the statute or or- By insured to danger, see INSURANCE, 
 dinance. 48 L.R.A. (N.S.) 877. 164. 
 
 Consult also L.R.A. Digests to date. 
 
256 INDEX TO NOTES. 
 
 EXPRESS COMPANIES. 
 
 § 1. Generally. 
 
 As common carriers generally, see Caeeikks. 
 
 Contract exempting railroad company 
 from liability for negligent injuries to 
 express messenger on train. 50 L.R.A. 
 (N.S.) 432. 
 
 EXPRESSMEN. 
 
 Liability of landlord of oflSce building for 
 injury to. L.R.A.1916F, 1120. 
 
 EXPRESS MESSENGER. 
 
 Contract exempting railroad company from 
 liability for negligent injury to. 60 
 L.R.A.(N.S.) 432. 
 
 EXPULSION. 
 
 Of member of benefit society, see Benevo- 
 lent Societies, § 3a. 
 Of passenger, see Caeeibes, III. h. 
 Of pupil from school, see Schools, § 11a, 
 
 EXTENDED INSURANCE. 
 
 See Instjeanoe, § 58. 
 
 EXTENSION. 
 
 § 1. Generally. 
 
 Of city boundaries, see Municipal Coepoea- 
 TIONS, § 11. 
 
 § 2. Of time. 
 
 For payment of negotiable paper, see Bills 
 
 AND Notes, §§ 56, '57. 
 Release of surety by, see Pkincipal and 
 
 SHEETT, § 15. 
 
 Effect on negotiability of promissory note 
 of provision permitting extension of 
 time. 49 L.R.A.(N.S.) 132. 
 
 EXTERNAL, VIOLENT, AND ACCI- 
 DENTAL MEANS. 
 
 Injury to insured by, see iNStiEANOE, § 165. 
 
 *** 
 
 EXTINGUISHMENT. 
 
 Of contract, see Conteacts, VI. 
 Of easement, see Easements, VIII. 
 
 EXTORTION. 
 
 g I. Generally, 
 
 Efforts to collect debt as extortion. 
 1915B, 1140. 
 
 L.R.A. 
 
 EXTRADITION. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Insanity as a ground for refusing extradi- 
 tion. 46 L.R.A.(N.S.) 397. 
 
 From state to state in case of criminal 
 libel. 49 L.R.A.(N.S.) 942. 
 
 May a state which has extradited a person 
 from another state or country surren- 
 der him to a third state or country. 
 L.R.A.1916C, 1259. 
 
 § Z, 'Who are fugitives. 
 
 General rule. 51 L.R.A.(N.S.) 668. 
 
 Must have been in demanding state. 51 
 
 L.R.A.(N.S.) 669. 
 No constructive presence. 51 L.R.A. (N.S.) 
 
 670. 
 Setting crime in motion. 51 L.R.A. (N.S.) 
 
 670. 
 The purpose of the flight. 51 L.R.A. (N.S.) 
 
 671. 
 Prisoner in custody. 51 L.R.A. (N.S.) 672. 
 Prisoner under parole. 51 L.R.A. (N.S.) 
 
 672. 
 
 § 4. Trial on amended charge. 
 
 Right to try returned fugitive for crime oth- 
 er than that for which he was ex- 
 tradited. 47 L.R.A.(N.S.) 807. 
 
 International extradition. 47 L.R.A. 
 (N.S.) 807. 
 
 Interstate extradition. 47 L.R.A. 
 (N.S.) 811. 
 
 EXTRAORDINARY CASH DIVI- 
 DEND. 
 
 Right to, as between life tenant and re- 
 mainderman. 50 L.RA.(N.S.) 514. 
 
 EXTRA IVORK. 
 
 Recovery for, see Conteacts, § 65a. 
 
 EXTRINSIC EVIDENCE. 
 
 See Evidence, VII. 
 
 EYESIGHT. 
 
 Begin with this hook on every law question 
 
 Impairment of, as element of damages for 
 negligent injury. 48 L.R.A. (N.S.) 98. 
 
INDEX TO NOTES. 
 
 257 
 
 EYESIGHT— comi'd. 
 
 Unknown bad /eyesight of juror as ground 
 for new trial. 50 L.R.A.(N.S.) 977. 
 
 Loss of eyesight of attesting witness pre- 
 venting his identification of will or 
 signature. L.R.A.1915E, 593. 
 
 FACILITY OF PAYMENT. 
 
 Clause as to, in insurance policy, see In- 
 
 SUBANCE, § 194. 
 
 FACTORIES. 
 
 § Z. Injury to employees in. 
 
 What is, within meaning of workmen's 
 compensation act. L.R.A.1916A, 200. 
 
 Private action for violation of factory law. 
 L.R.A.1915E, 547. 
 
 FACTORS. 
 
 § 1. Generally. 
 
 Liability of factor to true owner for sell- 
 ing or disposing of property intrusted 
 to him by his principal. 50 L.R.A. 
 
 (N.S.) 55. 
 
 FAILURE OF CONSIDERATION. 
 
 As defense to action on note, see Bills and 
 
 Notes. 
 In general, see Conteacts, § 15. 
 
 FAIR. 
 
 In general, see Amusements. 
 
 Liability for loss of property on exhibi- 
 tion under special terms of contract 
 for its care or return. L.R.A.1915B, 
 305. 
 
 FAIR COMMENT. 
 
 See Libel and Slandeb. 
 
 FAIR TRIAL. 
 
 Right of -accused to, see Criminal Law, § 
 44. 
 
 FALLEN TVIRES. 
 
 See Electeicity, III. 
 
 Consult also L.R.A.. Digests to date. 
 
 43— '16F. 
 
 FALLING OBJECTS. 
 
 § 1. Liability for injury by. 
 
 Liability for injury by falling building, see 
 
 Buildings, § 10. 
 Injury to person in street, see Highways, 
 
 §§ 68, 83. 
 
 Permitting articles to roll down hillside 
 
 or decline. L.R.A.1915B, 426. 
 Liability of one maintaining place of 
 
 amusement for injury by. L.R.A. 
 
 1915F, 690. 
 Liability of landowner for fall of wall or 
 
 building left standing after fire. L.R.A. 
 
 1915C, 704. 
 Liability of landlord to third persons as 
 
 to. 50 L.R.A.(N.S.) 312. 
 
 § 2. — injury to passenger. 
 
 Presumption of negligence from injury to 
 passenger by. L.R.A.1916C, 377. 
 
 Liability to passenger for injury by article 
 falling from passing train. 44 L.R.A. 
 (N.S.) 148. 
 
 § 3. — injury to employee. 
 
 Servant's assumption of risk of danger of 
 
 falling of piles or stacks of material. 
 
 47 L.R.A.(N.S.) 266. 
 Duty of master to protect servant from 
 
 material rolling down hillside. 46 
 
 L.R.A.(N.S.) 629. 
 
 FALSE IMPRISONMENT. 
 
 /. In general, § 1. 
 II. Who liable, §§ 2-8. 
 III. Evidence; damages, §§ 9, 10. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Measure of damages for, see Damages, § 53. 
 As to malicious prosecution, see Malicious 
 Peosecution. 
 
 Right of action for, as asset in bankruptcy. 
 43 L.R.A. (N.S.) 942. 
 
 Survival of cause of action and abatement 
 and revival of action for false impris- 
 onment upon death of party. 52 
 L.R.A.(N.S.) 1215. 
 
 Arrest upon suspicion of insanity. L.R.A. 
 1916C, 230. 
 
 II. Who liable. 
 
 § 2. Generally. 
 
 Liability of carrier, see Caeeiees, 
 15 a. 
 
 §§ 15, 
 
 Liability of private complainant or informer 
 for an arrest by an officer without a 
 warrant. L.R.A.1915E, 883. 
 
 Liability of principal for false arrest or 
 false imprisonment by agent author- 
 ized to collect a debt. 51 L.R.A. (N.S.) 
 471. 
 
 § 3. Master. 
 
 See Mastee and Seevant, § 173. 
 
 17 
 
258 
 
 INDEX TO NOTES. 
 
 FALSE IMPEISONMENT, II.— cont'd. 
 § 6. Officer. 
 
 Liability of oifieer for making an arrest. 
 L.R.A.1915B, 505. 
 Under warrant. L.R.A.1915B, 505. 
 
 Where court has no jurisdiction. 
 L.R.A.1915B, 505. 
 Without a warrant. L.R.A.1915B, 505. 
 Manner of making arrest. L.R.A. 
 
 1915B, 505. 
 Arresting wrong person. L.R.A.1915B, 
 
 506. 
 Subsequent detention. L.R.A.1915B, 
 506. 
 Probable cause. L.R.A.1915B, 506. 
 Liability of sheriff, marshal, or constable 
 for his deputy's tort in making an ar- 
 rest. L.R.A.1915E, 172. 
 
 § 7. — judicial officer. 
 
 Liability of judicial officer issuing warrant. 
 44 L.R.A.(N.S.) 172. 
 
 § 7a. — prosecuting officer. 
 
 Liability of prosecuting officer for false ar- 
 rest or imprisonment. L.R.A.1916F, 
 403. 
 
 III. Evidence; damages. 
 
 § 10. Damages. 
 
 Probable cause of suspicion as mitigating 
 damages for false imprisonment. 45 
 L.E.A.(N.S.) 64. 
 
 Condition of place of imprisonment and 
 treatment while in custody as element 
 of damages. L.E.A.1915r>, 622. 
 
 FALSE PRETENSES. 
 
 § 1. Generally. 
 
 Indictment for, see Indictment, etc., § 19. 
 
 Instigation or consent to, for purpose of 
 detecting criminal as a defense to 
 prosecution. 51 L.R.A.(N.S.) 829. 
 
 § 2. What constitutes; elements of 
 offense. 
 
 Offense of obtaining money by false pre- 
 tenses as affected by the absurdity or 
 improbability of representations or by 
 the prosecutor's failure to investigate 
 the same. L.R.A.1916C, 1104. 
 Necessity of making the false pretenses to 
 the defrauded party or of intend- 
 ing to defraud a particular person. 
 L.R.A.1916D, 270. 
 Representation to agent or officer. 
 
 L.R.A.1916D, 270. 
 Advertisement. L.R.A.1916D, 271. 
 Intent. L.R.A.1916D, 271. 
 Obtaining check, draft, or bill of exchange. 
 
 L.R.A.1916E, 1106. 
 Misrepresenting the quality, condition, or 
 status of the subject of a sale or 
 trade. 49 L.R.A.(N.S.) 574. 
 Animals; horse trades. 49 L.R.A. 
 (N.S.) 576. 
 
 FALSE PRETENSES— cont'd. 
 
 Mere drawing of check on a bank in which 
 the drawer has no funds or credit and 
 passing the same as false pretenses. 52 
 L.R.A.(N.S.) 919. 
 
 § 3. Evidence; Dritnesses. 
 
 Admissibility of statements or communica- 
 tions between the prosecutor and a 
 third person. L.R.A.1915B, 1125. 
 
 Evidence of other crimes in prosecution for 
 obtaining money or property by fraudu- 
 lent means. 43 L.R.A. (N.S.) 667. 
 
 § 4. Venue. 
 
 Venue of offense of obtaining property by. 
 49 L.R.A.(N.S.) 834. 
 
 FALSE REPRESENTATIONS. 
 
 See False Pketenses; Fraud and Deceit; 
 INSUEANCE, V. h. 
 
 FALSE SAXTEARING. 
 
 In general, see Peejuet, 
 
 FAMILY. 
 
 Head of, see Homestead, § 3. 
 
 Homicide in defense of. 
 145. 
 
 45 L.R.A.(N.S.) 
 
 FAMILY NECESSARIES. 
 
 Liability of husband for, see Husband and 
 Wife, §§ 7, 8. 
 
 FARE. 
 
 Of passengers, see Caeriees, §§ 16-29. 
 
 FARMERS. 
 
 As to croppers, see Ceoppees. 
 
 Farmer as peddler or hawker. 
 
 1297. 
 Combination among, as 
 
 L.R.A.(N.S.) 1104. 
 
 L.R.A.1916B, 
 monopoly. 44 
 
 Begin with this 'book, on every law question. 
 
 FATHER. 
 
 In general, see Paeent and Child. 
 
FATHER-IN-LAW AND 
 LAW. 
 
 INDEX TO NOTES. 
 SON-IN- 
 
 2sg 
 
 Gratuitous conveyance to son-in-law as 
 raising implied resulting or conatruc- 
 tive trust in favor of the natural ob- 
 jects of the bounty of the grantor or 
 donor. L.R.A.1915E, 651. 
 
 FAVORITISM. 
 
 See Discrimination. 
 
 FEAR. 
 
 Voluntariness of confession induced by. 
 L.R.A.(N.S.) 1087. 
 
 50 
 
 « «» 
 
 FEDERAL COURTS. 
 
 See CotrKTS, VII. d,' Removal op Causes. 
 
 ♦-•-♦ 
 
 FEDERAL SAFETY APPLIANCE 
 ACT. 
 
 See Masteb and Servant, § 96. 
 
 ♦-•-• 
 
 FEES. 
 
 In general, see Costs and Fees. 
 Attorneys' fees, see Attorneys' Fees. 
 For license, generally, see License, II. 
 
 Validity of fee exacted for filing nomina- 
 tions. L.R.A.1915B, 197. 
 
 FEMALES. 
 
 See Women. 
 
 FELLOW PASSENGER. 
 
 Liability of carrier for acts of, see Cab- 
 BIEBS, § 52. 
 
 * « » 
 
 FELLOW^ SERVANTS. 
 
 See Master and Servant, III. d. 
 
 . < « » 
 
 FELON. 
 
 Liability under accident policy for injury 
 resulting in. 47 L.R.A.(N.S.) 924. 
 
 FELONY. 
 
 Effect of statutory declaration that murder 
 in the commission of felony shall be 
 murder in first degree upon right of 
 jury to pass upon degree. L.R.A. 
 1916D, 610. 
 Consult also L.B.A. Digests to date. 
 
 FEMALE SUFFRAGE. 
 
 Right of women to vote. L.R.A.1915B, 247. 
 
 » • » 
 
 FEMALE TROUBLES. 
 
 As element of damages for negligent injury. 
 48 L.R.A. (N.S.) 99. 
 
 FENCES. 
 
 § 1. Generally. 
 
 Injunction as to, see Injunction, §§ 76, 77. 
 
 Duty and liability of railroad company with 
 respect to, see Railroads, §§ 37-40. 
 
 Right of tenant to cut wood for, see Land- 
 lord and Tenant, § 54. 
 
 Doctrine of attractive nuisance as applied 
 to. L.R.A.1915D, 161. 
 
 § 2. Division or line fences. 
 
 § 3. — sufficiency; lack of. 
 
 Liability of one in possession of unfenced 
 land for injuries to live stock which 
 strays thereon from public range. 52 
 L.R.A. (N.S.) 133. 
 
 Liability of one who neglects to repair di- 
 vision fence for death or injury of live 
 stock after straying through the fence. 
 52 L.R.A.(N.S.) 99. 
 
 § 5. As nuisances. 
 
 Doctrine of attractive nuisance as applied 
 to. L.R.A.1915D, 161. 
 
 § 6. Liability f6r malicious erection 
 of. 
 
 Injunction against spite fence, see Injunc- 
 tion, § 7.7. 
 
 Liability for malicious erection of fence. 
 52 L.R.A.(N.S.) 736. 
 
 FENDER. 
 
 Duty of street railway company to equip 
 cars with. L.R.A.1915A, 748. 
 
 ♦ »» 
 
 FERiE NATUR.aE:. 
 
 See Animals. 
 
260 
 
 INDEX TO NOTES. 
 
 FERRIES. 
 
 § 4, Establishment, regulation, and 
 protection of. 
 
 License of, see License, § 27. 
 
 Definition. L.E.A.1916D, 832. 
 Xecessity of license. L.R.A.1916D, 832. 
 How establishment proved. L.E.A.1916D, 
 
 832. 
 Authority to establish on boundary waters. 
 
 L.R.A.1916D, 832. 
 Power of municipality to establish and 
 
 regulate. L.E.A.1916D, 832. 
 Who may exercise authority. L.R.A.1916D, 
 
 833. 
 Restrictions on exercise of authority. L.R.A. 
 
 1916D, 833. 
 Riparian owner as entitled to ferry privi- 
 leges. L.R.A.1916D, 833. 
 
 Priorities. L.R.A.1916D, 833. 
 Right to landings. L.R.A.1916D, 834. 
 
 On opposite shore. L.R.A.1916D, 834. 
 Exclusive ferry franchises. L.R.A.1916D, 
 
 834. 
 Regulation and supervision. L.R.A.1916D, 
 
 834. 
 Right to transfer of ferry franchise. L.R.A. 
 
 1916D, 834. 
 Interference with rights of ferryman. 
 
 L.R.A.1916D, 834. 
 Remedy for violation of right. L.R.A. 
 1916D, 835. 
 
 Who entitled to. L.R.A.1916D, 835. 
 
 Action at law. L.R.A.1916D, 835. 
 
 Equitable remedy. L.R.A.] 916D, 835. 
 Extinguishment of ferry rights. L.R.A. 
 
 1916D, 835. 
 Power of state or municipality as to inter- 
 national or interstate ferries. 52 
 
 L.R.A.(N.S.) 575. 
 
 § 7. Rates; tolls. 
 
 Regulation of rates for ferriage. 
 1916D, 834. 
 
 L.R.A. 
 
 FERTILIZERS. 
 
 Validity of contract for sale of. where statu- 
 tory regulations had not been com- 
 plied with. 43 L.R.A.(N.S.) 1109. 
 
 Evidence as to results of use of, upon issue 
 as to breach of warranty as to ingre- 
 dients. L.R.A.1915D, 875. 
 
 FIANCEE. 
 
 Right to maintain action for seduction of. 
 50 L.R.A.(N.S.) 142. 
 
 As "dependent" within statute or rules de- 
 fining beneficiaries of mutual benefit 
 societies. 51 L.R.A. (N.S.) 726. 
 
 FICTITIOUS NAME. 
 
 See Name, § 8. 
 
 FICTITIOUS PERSONS. 
 
 Payment of check to, see Banks, § 25. 
 Use of name of, in negotiable paper, see 
 Bills and Notes, § 13. 
 
 FICTITIOUS RESIDENCE. 
 
 What constitutes residence entitling child 
 to the privileges of public schools. 51 
 L.R.A.(N.S.) 234. 
 
 FICTITIOUS SUIT. 
 
 Bringing or inciting the bringing of a false 
 or fictitious suit as contempt. L.R.A. 
 1915B, 689. 
 
 ♦ » » 
 
 FIDELITY BOND. 
 
 See Bonds, § 11. 
 
 ♦-•-• 
 
 FIDELITY INSURANCE. 
 
 See Bonds, § 11. 
 
 FIDUCIARY RELATION. 
 
 See also Attobneys; Brokers; Executors 
 AND Administrators ; Factors : 
 Guardian and Ward; Husband and 
 Wife; Principal and Agent; Trusts. 
 
 Duty of municipal officer to account for 
 profits made in transaction with mu- 
 nicipality. 48 L.R.A. (N.S.) 842. 
 
 Effect of secret advantage to one member of 
 joint adventure. 50 L.R.A. (N.S.) 
 1046. 
 
 Right of principal or employer to earnings 
 by agent or servant wlio undertakes 
 extraneous work. L.R.A.1916D, 782. 
 
 FIERI FACIAS. 
 
 Right to break and enter dwelling to serve 
 writ of. L.R.A.1916D, 283. 
 
 FILING. 
 
 Of chattel mortgage, see Chattel Mortgage, 
 VIII. 
 
 Of initiative or referendum petition. 50 
 L.R.A. (N.S.) 220. 
 
 Validity of fee exacted for filing nomina- 
 tions. L.R.A.1915B, 197. 
 
 Begin with this .JjooJc on every law question. 
 
INDEX TO NOTES. 
 
 261 
 
 FINANCIAL CONDITION. 
 
 Actionability of charges affecting, see Libel 
 AND Slander, § 16. 
 
 FINDEB. 
 
 Larceny of property found. L.R.A.1916A, 
 
 468. 
 Rights and liabilities of finder of property 
 
 L.R.A.1916A, 660. 
 
 FINDINGS. 
 
 Reversible error as to, see Appeal and Er- 
 ror, § 40. 
 
 Admissibility in evidence, see Evidence, § 
 133. 
 
 FINES. 
 
 § 1. In general. 
 
 -lixemptions as against fines. L.R.A.1915A, 
 1214. 
 
 Right of agent to be reimbursed for fines 
 paid for violation of law in principal's 
 interest. 45 L.R.A.fN.S.) 788. 
 
 Relief of member of labor union from un- 
 lawful fine. 45 L.R.A.(N.S.) 353. 
 
 § 2. As punishment for crime. 
 
 As cruel and unusual punishment. L.R.A. 
 1915C, 563. 
 
 Fines as debts within meaning of constitu- 
 tional provision as to imprisonment 
 for debt. L.R.A.1915B, 647. 
 
 FINGER PRINTS. 
 
 As evidence. 43 L.R.A. (N.S.) 1206; 3 B. 
 R. C. 70. 
 
 FIREARMS. 
 
 Carrying of, see Carrying Weapons. 
 Weapons generally, see Weapons. 
 
 Forfeiture of guns used in violation of the 
 game laws. L.R.A.1916F, 919. 
 
 Civil liability for injury by negligent dis- 
 charge of firearms. L.R.A.1915E, 267. 
 
 What constitutes attempt to discharge fire- 
 arms. 3 B. R. C. 243. 
 
 Liability of carrier for injury to passenger 
 by accidental discharge of firearms by 
 fellow passenger. 49 L.R.A. (N.S.) 810. 
 
 .4pplicability of doctrine of res ipsa loqui- 
 tur where passenger is injured by fire- 
 arms in hands of another passenger. 
 3 B. R. C. 431. 
 Consult also L.R.A. Digests to date. 
 
 FIRE DEPARTMENT. 
 
 § 3. Fund or pension for firemen. 
 
 Vested right in pension. 50 L.R.A. (N.S.) 
 1019. 
 
 § 4. Municipal liability for acts of. 
 
 See Municipal Corporations, § 83. 
 
 § 6. Liability for injury to firemen. 
 
 Liability of owner of property for injury to 
 fireman in discharge of duty. L.R.A. 
 1916B, 792. 
 
 § 7. Imputing negligence of one fire- 
 man to another. 
 
 Imputing negligence of one fireman to an- 
 other. L.R.A.1915A, 762. 
 
 § 8. Contributory negligence of fire- 
 men. 
 
 Degree of care required of firemen in use 
 of defective or obstructed street. 48 
 L.R.A.(N.S.) 628. 
 
 ♦ » » 
 
 FIRE ESCAPES. 
 
 In general, see Buildings, § 5. 
 
 Doctrine of attractive nuisance as applied 
 to. L.R.A.1915D, 170. 
 
 FIRE INSURANCE. 
 
 See Insurance. 
 
 FIRE LIMITS. 
 
 See Buildings, § 4. 
 
 FIREMEN. 
 
 See also Fire Department. 
 
 As fellow servants. 52 L.R.A. (N.S.) 1089. 
 
 #« » 
 
 3-11. 
 
 FIRES. 
 
 /. In general, §§ 1, 2. 
 II. Liability for loss by, 
 
 I. In general. 
 
 § 1. Generally. 
 
 As to fire limits, see Buildings, § 4. 
 
 Explosions, see Explosions and Explo- 
 sives. 
 
 Tenant's right to cut wood for, see Land- 
 Lord AND Tenant, § 54. 
 
 Effect of destruction of building by fire 
 to terminate adjoining owner's ease- 
 ment of support. 46 L.R.A. (N.S.) 
 1021. 
 
262 
 
 INDEX TO NOTES. 
 
 FIRES— con-fd. 
 
 II. Liability for loss hy. 
 
 § 3. Generally. 
 
 Measure of damages for loss by fire, see 
 
 Damaoes, § 75. 
 Insurance against, see Insueance. 
 Proximate cause of loss by, see Proximate 
 
 Gattse, § 5. 
 Liability of railroad for, see Railroads, 
 
 § 86. 
 
 Construction and effect of statute giving 
 one who is responsible for the destruc- 
 tion of property by fire, the benefit of 
 insurance effected by owners. 52 
 L.R.A.(N.S.) 203. 
 
 Presumption and burden of proof as to 
 carrier's negligence or lack of negli- 
 gence causing loss of goods by fire in 
 case of contract limiting its liability. 
 L.R.A.1915D, 647, 656. 
 
 § 4. Due to failure to furnish ade- 
 quate \rater supply. 
 
 See Municipal Corporations, § 94 ; Water, 
 § 119. 
 
 g 6. Fires set by servant or independ- 
 ent contractor. 
 
 Liability of master for act of servant in set- 
 ting out fire while clearing land. 47 
 L.R.A.(N.S.) 1116. 
 
 Liability of master for damages by fire 
 started by servant for his own pur- 
 poses but incident to work. 49 L.R.A. 
 (N.S.) 544. 
 
 § 9. Spread of fire. 
 
 Duty of one not responsible for kindling 
 of fire to prevent its spread to other 
 premises. 45 L.R.A. (N.S.) 215. 
 
 § lO. —liability for setting fires 
 ivhich spread to property of oth- 
 ers. 
 
 Duty of one not responsible for kindling 
 of fire to prevent its spread to other 
 premises. 45 L.R.A. (N.S.) 215. 
 
 Liability of one responsible for a fire for 
 destruction of property after such fire 
 united with another for which he was 
 not responsible. 48 L.R.A. (N.S.) 700. 
 
 FIRM. 
 
 See Partnership. 
 
 FISHERIES. 
 
 § 1, Generally. 
 
 Exercise of power of eminent domain for 
 purpose of acquiring fishery right. 
 L.R.A.1915E, 443. 
 
 FISHERIES— cont'd. 
 
 § 4. GoTcrnmental control over right 
 of. 
 
 Forfeiture of personal property used in 
 
 violation of fish laws. L.R.A.1916F, 
 
 913. 
 Cruel and unusual punishment of off^ense 
 
 against laws relating to. L.R.A.1915C, 
 
 566. 
 Prohibition or regulation of fishing over 
 
 private land. L.R.A.1916E, 523. 
 
 § 5. Shell fish; oysters. 
 
 Exercise of power of eminent domain for 
 purpose of acquiring oyster beds, etc. 
 L.R.A.1915E, 443. 
 
 § 6. Nets. 
 
 Forfeiture of nets used in violation of law. 
 L.R.A.1916F, 918. 
 
 Prohibition of fishing with nets over pri- 
 vate land. L.R.A.1916E, 523. 
 
 FISH NETS. 
 
 See Fisheries, § 6. 
 
 FITNESS. 
 
 Master's duty as to fitness of servants em- 
 ployed, see Master and Servant, §§ 
 104, 105. 
 
 Warranty as to, see Sale, §§ 31, 32. 
 
 FIXTURES. 
 
 /. In general, § 1. 
 II. What are, §§ 3—9. 
 
 I. In general. 
 
 § 1. Generally. 
 
 As subject of larceny. 49 L.R.A. (N.S.) 
 967, 971. 
 
 Right to compensation for fixtures in build- 
 ing taken by condemnation proceed- 
 ings. L.R.A.1915D, 492. 
 
 Effect of constitutional or statutory pro- 
 vision exempting "fixtures and erec- 
 tions" for trade, etc. from condemna- 
 tion proceedings. L.R.A.1916A, 1099. 
 
 Agreement between landlord and tenant as 
 to removal of fixtures and improve- 
 ments by latter as affecting third per- 
 son claiming a meclianic's lien. 45 
 L.R.A.(N.S.) 100. 
 
 II. What are. 
 
 § 3. As between landlord and tenant. 
 
 Rights of landlord and tenant as to, see 
 Landlord and Tenant, §§ 48-51. 
 
 Show cases, shelving, etc. 43 L.R.A. (N.S.) 
 677. 
 
 Begin with this l»ooTe on every law question. 
 
INDEX TO NOTES. 
 
 263 
 
 pnr- 
 
 FIXTUEES, 11.— cont'd. 
 § 4. As betveen vendor and 
 chaser. 
 
 Effect of agreement between landlord and 
 tenant for removal of fixtures by lat- 
 ter. L.R.A.1915E, 822. 
 
 Power of agent emploj^ed to sell real prop- 
 erty to bind his principal as to fixtures. 
 L.R.A.1915F, 631. 
 
 Show cases, shelving, etc. 43 L.E.A. (N.S.) 
 675. 
 
 § 5. As betiveen mortgagor and mort- 
 gagee. 
 
 Effect of agreement between landlord and 
 tenant for removal of fixtures by latter 
 on rights of mortgagee of premises. 
 L.R.A.1915E, 826. 
 
 Show cases, shelving, etc. 43 L.E.A. (N.S. ) 
 676. 
 
 What articles are included in term fixtures 
 as employed in chattel mortgage. 46 
 L.R.A.(N.S.) 206. 
 
 § 6. Effect of retention of title to, 
 or lien on, chattel sold. 
 
 Efiicacy of chattel mortgage, see Chattel 
 Mortgage, § 24. 
 
 Reservation of title to, or lien upon, chat- 
 tel sold to contractor or materialman, 
 who attaches it as a fixture to realty 
 of a third person. 52 L.R.A.(N.S.) 
 561. 
 Right of seller of chattel retaining title 
 or lien, as against purchaser of 
 realty to which it is affi.xed by 
 owner. 49 L.R.A. (N.S.) 396. 
 With notice. 49 L.R.A. (N.S.) 390. 
 Recordation of lien on fixtures as 
 personalty, as notice to pur- 
 chaser or mortgagee of realty. 
 49 L.R.A. (N.S.) 400. 
 Purchasers at judicial sale. 49 L.R.A. 
 (N.S.) 401. 
 
 § 7, — as against mortgagee of real- 
 ty. 
 
 Recordation of lien on fixtures as person- 
 alty, as notice to mortgagee of realty. 
 49 L.R.A.(N.S.) 400. 
 
 § 9. Miscellaneons. 
 
 Show cases, shelving, etc., as fixtures. 43 
 L.R.A.(N.S.) 675. 
 To sustain mechanics' lien. 43 L.R.A. 
 (N.S.) 680. 
 Wharf or dock as fixture. L.K.A.1916A, 
 964. 
 
 FLAG. 
 
 Validity of statutory or other regulation 
 
 forbidding display of red flag or other 
 
 symbol tending to incite disorder. 
 
 L.E.A.1915B, 706. 
 
 Consult also L.R.A. Digests to date. 
 
 FLAGMAN. 
 
 At railroad crossing, see Railroads, § 33. 
 
 As fellow servant. 52 L.R.A. (N.S.) 3104. 
 Liability of railroad company for injury to, 
 
 bv passing trains. 48 L.E.A. (N.S.) 
 
 150. 
 
 •-•-♦ 
 
 FLAG STATION. 
 
 Duty of passenger to give notification of 
 desire to alight at fiag station. 52 
 L.R.A.(N.S.) 668. 
 
 FLAT HOUSES. 
 
 As violation of restrictive covenant. 45 
 L.R.A.(N.S.) 726. 
 
 FLOATABLE STREAM. 
 
 See Logs and Logging. 
 
 < «» 
 
 FLOODING. 
 
 See Waters, II. f. 
 
 # ■ » 
 
 FLOODS. 
 
 Injury by, to property bailed; presumption 
 and burden of proof as to care or neg- 
 ligence. 43 L.R.A. (N.S.) 1187. 
 
 Liability of railroad company to employees 
 for injuries caused by defects in road- 
 bed caused or accompanied by rainfall. 
 49 L.E.A.(N.S.) 198. 
 
 FLOORING. 
 
 Employee's right of action for employer's 
 violation of building laws relating to 
 flooring. L.R.A.1915E, 541. 
 
 FLYING SWITCH. 
 
 Negligence of railroad company in respect 
 to flying switches or detached cars 
 moving by their own momentum. 
 L.R.A.1916C, 1033. 
 
 FOLLOWING DECISIONS. 
 
 Of other courts, see Cottets, X. 
 
264 
 
 INDEX TO NOTES. 
 
 FOLLOWING TRUST PROPERTY. 
 
 See Trusts, § 37. 
 
 FOOD. 
 
 J. In general, §§ 1—5. 
 II. Particular articles of food, 
 
 I. In general. 
 
 6-9. 
 
 § 1. Generally. 
 
 Constitutionality of statute regulating, see 
 Constitutional Law, §§ 118, 119. 
 
 Validity of state inspection laws as applied 
 to commodities in interstate commerce. 
 L.R.A.1916D, 196. 
 
 What is included within exemption of pro- 
 visions and food. L.R.A.1916B, 788. 
 
 Mechanics' lien for food for men and teams 
 consumed in process of work. L.R.A. 
 1915E, 989. 
 
 Action on contractor's bond for cost of food 
 supplies. 43 L.R.A. (N.S.) 169. 
 
 Action on contractor's bond for cost of 
 food for teams. L.R.A.1915F, 953. 
 
 Disparaging quality of food sold or manu- 
 factured as libel. 48 L.R.A. (N.S.) 
 1216. 
 
 Husband's liability for food furnished wife. 
 47 L.R.A.(N.S.) 279. 
 
 § 2. Adulteration of. 
 
 State regulations as affected by Federal 
 
 pure food law. 47 L.R.A. (N.S.) 985. 
 Statutes as to adulteration of vinegar. 49 
 
 L.R.A.(N.S.) 1209. 
 What constitutes adulteration within the 
 food and drugs act. L.R.A.1915B, 
 774. 
 
 Dilution or depreciation of quality. 
 L.R.A.1915B, 775. 
 
 Bleaching. L.R.A.1915B, 778. 
 
 Preservative. L.R.A.1915B, 778. 
 
 Accidental adulteration or contamina- 
 tion. L.R.A.1915B, 779. 
 
 Color or flavor. L.R.A.1915B, 780. 
 
 Entire substitution. L.R.A.1915B, 781. 
 
 As affected by import of descriptive 
 term. L.R.A.1915B, 781. 
 
 As dependant upon poisoning effect. 
 L.R.A.1915B, 782. 
 
 Abstraction of valuable constituent. 
 L.R.A.1915B, 782. 
 
 Mere failure to fulfil statutory stand- 
 ard. L.R.A.1915B, 783. 
 
 Other tests. L.R.A.1915B, 785. 
 
 Miscellaneous. L.R.A.1915B, 785. 
 
 § 3. Labeling of. 
 
 Statutes as to misbranding of vinegar. 49 
 L.R.A.(N.S.) 1210. 
 
 § 4. Misbranding. 
 
 State regulations as affected by Federal 
 
 pure food law. 47 L.R.A. (N.S.) 985. 
 Statute as to misbranding of vinegar. 49 
 
 L.R.A.(N.S.) 1210. 
 
 FOOD, 1.— cont'd. 
 
 What constitutes misbranding within pure 
 
 food and drugs laws. L.R.A.19] 6D, 
 
 169. 
 General rule of construction. L.R.A. 
 
 1916D, 170. 
 Intent. L.R.A.1916D, 170. 
 Statements as to nature or identity of 
 
 article. L.R.A.1916D, 170. 
 Statement as to composition of article. 
 
 L.R.A.1916D, 172. 
 Statements as to source of article. 
 
 L.R.A.1916D, 177. 
 Statements as to strengtli, quality, 
 
 grade, or purity of article. L.R.A. 
 
 1916D, 178. 
 Statements as to curative effect of drug 
 
 or medicine. L.R.A.1916D, 178. 
 Place of statements. L.E.A.1916D, 
 
 178. 
 Mere offering for sale as another arti- 
 cle. L.R.A.1916D, 179. 
 Package containing premium or coupon 
 
 a.s misbranded. L.R.A.1916D, 179. 
 
 § 5. Liability for injury by unwbole- 
 someness of, or defects in. 
 
 Liability for serving unfit food. L.R.A. 
 1915B, 481. 
 
 Liability of manufacturer or seller of food 
 products to persons not in privity of 
 contract for injuries from defects in 
 articles sold. 48 L.R.A. (N.S.) 219; 
 L.R.A.1916B, 880. 
 
 Liability of seller for damage to live stock 
 by improper food. L.R.A.1916B, 1108. 
 
 //. Particular articles of food. 
 
 § 6. Bread. 
 
 Validity of regulations as to weight of loaf 
 of bread. 44 L.R.A. (N.S.) 632. 
 
 § 8. Milk. 
 
 Validity and construction of regulations as 
 to infected milch cattle. 43 L.R.A. 
 (N.S.) 1072. 
 
 § 9. Oleomargarin. 
 
 Applicability of oleomargarin statute 
 where resemblance to butter results 
 from choice of ingredients, and not 
 from the introduction of foreign color- 
 ing matter. L.R.A.1915A, 757. 
 
 §10. Vinegar. 
 
 Constitutionality and construction of stat- 
 utes in relation to vinegar. 49 
 L.R.A.(N.S.) 1206. 
 Constitutionality of statutes. 49 
 L.R.A.(N.S.) 1206. 
 SufBciency of title. 49 L.R.A. 
 
 (N.S.) 1206. 
 Interference with interstate com- 
 merce. 49 L.R.A. (N.S.) 1206. 
 Due process of law. 49 L.R.A. 
 
 (N.S.) 1206. 
 Police power. 49 L.R.A. (N.S.) 
 1206. 
 
 Begin with this 'book, on every law question. 
 
49 L.R.A. 
 
 FOOD, U.— cont'd. 
 
 Construction of statutes 
 (N.S.) 1208. 
 Adulteration. 49 L.R.A.(N.S.) 
 
 1209. 
 Misbranding. 49 L.R.A.(N.S.) 
 
 1210. 
 Coloring. 49 L.R.A.(N.S.) 1211. 
 
 INDEX TO NOTES. 265 
 
 FOREIGN INSURANCE COMPANY. 
 
 See Insueancb, II. b. 
 
 ♦-•-♦ 
 
 FORBEARANCE. 
 
 Release of surety by, see Principal and 
 
 Surety, § 15. 
 
 FORCE. 
 
 What force sufficient to constitute robbery, 
 see RoBBERT, § 5. 
 
 FORCIBLE ENTRY AND DETAINER. 
 
 § 1. Generally. 
 
 Availability of defense of equitable estop- 
 pel in "action of. 49 L.R.A.(N.S.) 778. 
 
 FORD. 
 
 Liability for loss of life or property at ford. 
 46 L.R.A.CN.S.) 229. 
 
 FORECLOSURE. 
 
 Of mortgage, see Mortgage, VII. 
 
 FOREIGN CARS. 
 
 Attachment or garnishment of foreign rail- 
 road car. L.R.A.1915D, 838. 
 
 ♦ «» 
 
 FOREIGN CORPORATIONS. 
 
 See Corporations, XI. 
 
 ♦-•-♦ 
 
 FOREIGNER. 
 
 As to aliens, see Aliens. 
 
 As to nonresidents, see Nonresidents. 
 
 FOREIGN EXECUTORS AND AD- 
 MINISTRATORS. 
 
 See Executors and Administrators, VII. 
 Consult also L.R.A. Digests to date. 
 
 FOREIGN JUDGMENT, 
 
 See Judgment, V. 
 
 ♦-•-• 
 
 FOREIGN LAWS. 
 
 Application of, see Conflict op Laws. 
 
 Mistake as to law of another state or coun- 
 try as one of law or of fact. 46 L.R.A. 
 (N.S.) 174. 
 
 False representation of, as basis for fraud 
 action. L.R.A.1915A, 675. 
 
 FOREIGN RECEIVERS. 
 
 See Receivers, VII. 
 
 * ■ » 
 
 FOREIGN REPRESENTATIVES. 
 
 See Executors and Administrators, VII. 
 
 *—* 
 
 FOREMAN. 
 
 As fellow servant, see Master and Servant, ' 
 III. d, 3. 
 
 Duty of foreman to warn track employees 
 of approach of train or car. ' L.R.A. 
 1916F, 560. 
 
 FORFEITURE. 
 
 g 1. Generally. 
 
 As cruel and unusual punishment. L.R.A. 
 
 1915C, 565. 
 Effect of the use of the word "forfeiture'' 
 
 upon penalty or liquidated damages. 
 
 50 L.R.A.{N.S.) 890. 
 
 g 2. In i;rhat cases. 
 
 Forfeiture of rights or interests of innocent 
 persons in property used in viola- 
 tion of law. L.R.A.1916E, 343. 
 Treason. L.R.A.1916E, 344. 
 
 Estates tail. L.R.A.1916E, 345. 
 Husband and wife. L.R.A.1916E, 
 346. 
 Ships and cargoes. L.R.A.1916E, 346. 
 Liens of seamen and materialmen. 
 
 L.R.A.1916E, 347. 
 Cargoes. ]>.R.A.1916E, 348. 
 United States Internal Laws. L.R.A. 
 1916E, 350. 
 Spirits, etc. L.R.A.1916E, 350. 
 Crude oil. L.R.A.1916E, 352. 
 Tobacco. L.R.A.1916E, 353. 
 
260 
 
 INDEX TO NOTES. 
 
 rOEFEITUEE— cowfd. 
 
 State liquor laws. L.R.A.1916E, 353. 
 Gaming. -L.R.A.] 916E, 354. 
 Miscellaneous. L.R.A.1916E, 355. 
 Forfeiture of personal property used in vio- 
 lation of the game or fish laws. 
 L.R.A.1916F, 913. 
 General principles. L.R.A.1916F, 913. 
 Question of commerce regulation. 
 
 L.R.A.1916F, 914. 
 Privileges and immunities of citi- 
 zens in the several states. 
 L.R.A.1916F, 914. 
 Summary destruction or forfeiture. 
 
 L.R.A.1916F, 914. 
 Vessels. L.R.A.1916F, 916. 
 Seal regulations, etc. L.R.A.1916F, 
 
 917. 
 Nets. L.R.A.1916F, -918. 
 Guns. L.R.A.1916F, 919. 
 For- nonpayment of taxes, necessity and 
 sufiiciency of notice. L.R.A.1916E, 39. 
 
 § 3. Of particular rights, privilege, 
 or property. 
 
 Of franchise of corporation, see Coepora- 
 TIONS, IX. 
 
 Of insurance policy, see Instteance, §§ 1Q6- 
 108. 
 
 Of lease, generally, see Landlord and Ten- 
 ant, §§ 34, 35. 
 
 Of oil or gas lease, see Mines, § 38. 
 
 Of license, see License, I. b; II. b. 
 
 FORGERY, 11.— cont'd. 
 Liability for transmitting or delivering 
 forged telegram, see Telegraphs, § 16. 
 
 Transfer of stock in reliance on forged cer- 
 tificate. 45 L.R.A. (N.S.) 1077. 
 
 Effect of forgery on registration of title 
 under the Torrens Law. L.R.A.1916D, 
 74. 
 
 Of property found in bawdyhouse. 
 L.E.A.(N.S.) 932. 
 
 52 
 
 FORGERY. 
 
 I. Forgery as a crime, §§ 1—9. 
 a. In general^ §§ 1—4. 
 II. Civil rights arising from forgery, 
 §§ 10, 11. 
 
 I. Forgery as a crime, 
 a. In general. 
 
 § 1. Generally, 
 
 What connection with or participation in 
 forgery is sufficient to render one guilty 
 of forgery. L.R.A.1916F, 1254. 
 
 § 4. Evidence. 
 
 Evidence of other crimes in prosecution for 
 forgery or uttering forged instrument. 
 43 L.R.A.(N.S.) 754. 
 
 //. Civil rights arising from forgery. 
 
 § 10. Generally. 
 
 Alteration of instruments generally, see Al- 
 teration OF Instruments. 
 
 Payment by bank of forged paper, see 
 Banks, §§ 24, 25, 29. 
 
 Use of fictitious name in commercial paper, 
 see Bills and Notes, § 13. 
 
 Forgery of check generally, see Checks, 
 § i2, 
 
 FORGETFITLNESS. 
 
 As ground for setting aside default judg- 
 ment. 43 L.E.A.(N.S.) 930. 
 
 By trainman, of danger of injury from over- 
 head structures. 47 L.R.A.(N.S.) 494. 
 
 As excuse for contributory negligence of 
 person injured by defect in street. 48 
 L.R.A.(N.S.) 637. 
 
 Proof of will where attesting witnesses 
 have forgotten circumstances attend- 
 ing its execution. 51 L.R.A. (N.S.) 
 927. 
 
 *«» 
 
 FORMAL REQUISITES. 
 
 Of contract, see Contracts, II. g. 
 
 ♦-•-♦ 
 
 FORMER JEOPARDY. 
 
 See Criminal Law, IV. d. 
 
 * ■ » 
 
 FORMER OAVNER. 
 
 Admissibility of declarations of, see Evi- 
 dence, § 233. 
 
 FORMER SUIT PENDING. 
 
 As ground of abatement, see Abatement 
 and Revival, § 5. 
 
 FORMER TESTIMONY. 
 
 Admissibility in evidence, see Evidence, V. 
 d; XI. k. 
 
 FORM OF ACTION. 
 
 See Action or Suit, §§ 5, 6. 
 
 ♦ ■ » 
 
 FORNICATION. 
 
 Actionability of words charging, see LnB. 
 
 AND Slander, § 12. 
 See also Adulteet. 
 
 Begin with this hook on every law question. 
 
INDEX TO NOTES. 
 
 267 
 
 FORNICATION— cont'd. 
 
 Former jeopardy in case of. L.E.A.1915A, 
 
 256. 
 Acquittal of one of the parties, as bar to 
 
 prosecution of the other. 49 L.R.A. 
 
 (N.S.) 479. 
 
 FORTHCOMING BOND. 
 
 See Levy and Seizure, § 16. 
 
 <»» 
 
 FORTUNE TELLING. 
 
 Prohibition of fortune telling and kindred 
 
 superstitions. 43 L.R.A. (N.S.) 
 
 203. 
 Fortune tellers as disorderly persons. 
 
 43 L.R.A.(N.S.) 203. 
 Under English vagrancy act. 43 
 
 L.R.A.(N.S.) 204. 
 Under Luglish witchcraft act. 43 
 
 L.R.A.(N.S.) 204. 
 
 FOSTER CHILD. 
 
 Insurable interest in life of. 46 L.R.A. 
 
 (N.S.) 779. 
 As beneficiary under contract of benefit 
 
 association. L.R.A.1916B, 905. 
 
 FOSTER PARENT. 
 
 Insurable interest in life of. 46 L.R.A. 
 (N.S.) 779. 
 
 FOAVLS. 
 
 Duty of railroad as to fowls upon tracks. 
 
 47 L.E.A.(N.S.) 1125. 
 Injunction to prevent trespass of. 48 L.R.A. 
 
 (N.S.) 179. 
 Right to kill dogs killing or worrying 
 
 fowls. L.R.A.1915C, 361. 
 
 FOX. 
 
 Liability for injury by. 52 L.R.A. (N.S. 
 379. 
 
 FRANCHISE. 
 
 § 1. Generally. 
 
 Of corporations, generally, see Cokpoba- 
 
 TIONS, § 7. 
 Elective franchise, see Elections, I. 
 Of electric companies, see Electricity, § 9. 
 To operate ferry, see Ferries, § 2. 
 
 Consult also L.R.A. Digests to date. 
 
 FRANCHISE— cojit'd. 
 Street franchise, see Highways, IV. d, 3. 
 Of railroad company, see Railroads, II. 
 Of street railway company, see Street Rail- 
 ways, II. 
 Taxation of, see Taxes, § 35. 
 
 Treatment of, in public service property 
 valuations. 47 L.R.A. (N.S.) 781, 793, 
 799; 48 L.R.A. (N.S.) 1063. 
 
 Treatment of depreciation by expiration of 
 franchise in estimating the return of 
 a public service corporation for rate- 
 making purposes. 52 L.R.A. (N.S.) 38. 
 
 Amortization of, in estimating return of a 
 public service corporation for rate- 
 making purposes. 52 L.R.A. (N.S.) 40. 
 
 Lack of, or invalidity of franchise as a 
 defense to an action by a public serv- 
 ice corporation for service rentals. 
 52 L.R.A.(N.S.) 713. 
 
 Tax on, as within covenants in lease, sub- 
 lease or assignment of lease as to pay- 
 ment of taxes and assessments. L.R.A. 
 1915A, 342. 
 
 § 4. Transfer of. 
 
 Right to transfer ferry franchise. L.R.A. 
 1916D, 834. 
 
 § 5. Termination; forfeiture. 
 
 Of corporate franchise, generally, see CoBPO- 
 RATIONS, IX. 
 
 FRATERNAL SOCIETIES. 
 
 See also Benevolent Societies; Club; Iw- 
 
 SUBANCE. 
 
 Right of, to protection against use of name, 
 insignia, ritual, etc. by another organ- 
 ization. L.R.A.1915B, 1074. 
 
 Forbidding student's alEliation with. L.RA. 
 1915D, 588. 
 
 FRATERNITY HOUSE. 
 
 Exemption from taxation. 52 L.R.A. (N.S.) 
 995. 
 
 FRAUD AND DECEIT. 
 
 /. In general, §§ 1—3. 
 II. What coiistitutes, §§ 4—12. 
 III. Reliance on representations, §§ 
 
 13, 14L. 
 IT. Effect of, §§ 18-31. 
 
 a. Of fraud generally, §§ IS— 
 
 2Sa. 
 ft. Of concealment, §§ 29—31. 
 V. Liability for; punishment of, §§ 
 32-35. 
 TI. Rem,edies; relief from; set-off, §§ 
 
 36-4:1. 
 
268 
 
 INDEX TO NOTES. 
 
 FRAUD AND DECEIT— cont'd. 
 /. In general. 
 
 § 1. Generally. 
 
 Statute of frauds generally, see Contbacts, 
 
 II. g. 
 Misrepresentations as to age, see Age, § 2. 
 Relations between attorney and client, see 
 
 Attobnets, § 10. 
 Measure of damages for, see Damages, § 49. 
 Presumption and burden of proof as to, 
 
 see Evidence, III. d, 7. 
 Relevancy of evidence as to, see Evidence, 
 
 § 259. 
 As to false pretenses, see False Pketbnses. 
 Transfers in fraud of creditors, see Fbatjd- 
 
 ulent Conveyances. 
 Against husband or wife, see Husband and 
 
 Wife, IV. g. 
 Representations in insurance application, 
 
 see Insueance, V. h. 
 As to mistake, see Mistake. 
 Allegations as to, see Pleading, § 31. 
 Use of mails to defraud, see Postopfice, § 9. 
 Of agent generally, see Pbincipal and 
 
 Agext, § 22. 
 As to undue influence, see Undue In- 
 fluence. 
 
 Evidence of other crimes in prosecution for 
 fraud. 43 L.R.A.(N.S.) 667. 
 
 Prohibition of fortune telling and kindred 
 superstitions. 43 L.R.A.(N.S.) 203. 
 
 //. What constitutes. 
 
 g 4. Generally. 
 
 Relief from contract of sale because of over 
 or under estimate of quantity by seller. 
 45 L.R.A.(N.S.) 243. 
 
 § 5. Lack of knowledge of falsity. 
 
 Some American views of the case of Derry 
 V. Peek. 49 L.R.A.(N.S.) 1219. 
 
 § 6. Silence; concealment. 
 
 By landlord of defects in premises. 
 1916D, 1225. 
 
 L.R.A. 
 
 § 7. Expression of opinion. 
 
 Recommendation of another as proper sub- 
 ject for credit as ground of liability. 
 L.R.A.1915A, 100. 
 
 False representations of foreign law as 
 basis for fraud action. L.R.A.1915A, 
 675. 
 
 § 10. False statement as to cost, sell- 
 ing, or market price of property, 
 or as to offers therefor. 
 
 False statement as to the cost, selling or 
 market price of property, or as to offers 
 therefor. L.R.A.1916F, 782. 
 
 § 11. In obtaining credit. 
 
 Title secured by one purchasing goods with 
 knowledge that he cannot pay for 
 them. 44L.R.A.(N.S.) 1. 
 
 Generally* 44 L.R.A. (N.S.) 1. 
 
 No intention of paying. 44 L.R.A. 
 (N.S.) '9, 
 
 FRAUD AND DECEIT, 11.— cont'd. 
 
 No reasonable expectation of paying. 
 
 44 L.R.A. (N.S.) 11. 
 Insolvency alone. 44 L.R.A.{N.S.) 16. 
 Evidence. 44 L.R.A.(N.S.) 21. 
 Time of intent. 44 L.R.A. (N.S.) 24. 
 Statutes. 44 L.R.A.(N.S.) 25. 
 Election. 44 L.R.A. (N.S.) 25. 
 Pennsylvania cases. 44 L.R.A. (N.S.) 
 26. 
 
 g 12. Corporate matters. 
 
 Effect of fraud, see infra, § 26. 
 Liability in regard to, see infra, § 33. 
 
 Duty of director toward one from whom he 
 purchases stock. L.R.A.1916B, 708. 
 
 III. Reliance on representations. 
 
 g 14. Bight to rely on representa- 
 tions. 
 
 In case of fraud in sale of corporate stock 
 by one officer or director to another. 
 L.R.A.1916B, 703. 
 
 ir. Effect of. 
 a. Of fraud generally. 
 
 g 15. Generally. 
 
 Liability in case of fraud, see infra, V. 
 
 Remedy or relief in case of fraud, see infra, 
 VI. 
 
 Effect of broker's fraud on his right to 
 •commission, see Bkokehs, § 9. 
 
 Estoppel by, see Estoppel, §§ 28, 29. 
 
 As ground for collateral attack on judg- 
 ment, see Judgment, § 55. 
 
 On statute of limitations, see Limitation 
 OF Actions, § 36. 
 
 What misrepresentations as to the contents 
 of an instrument will render it void 
 in law. 4 B. R. C. 663. 
 
 Effect of fraud on registration of title 
 under the Torrens Law. L.R.A. 1916D, 
 66. 
 
 Fraud as entitling surety to equitable set- 
 off of obligation as against assignee of 
 a debt due from him to principal. 46 
 L.R.A. (N.S.) 65. 
 
 Fraud as defense to liability on subscrip- 
 tion for charity. 48 L.R.A.(N.S.) 811. 
 
 Effect of false representations on liability 
 of manufacturer, packer, or vendor to 
 persons not in privity of contract for 
 injury from defects in articles sold. 
 48 L.R.A.(N.S.) 218. 
 
 Effect of misrepresentation as to character, 
 quality or value of goods by shipper 
 on his right to recover for loss. L.R.A. 
 1915A, 502. 
 
 Fraudulent conveyance of narrow strip 
 along front of property to escape assess- 
 ment for public improvement. L.R.A. 
 1916B, 1033. 
 
 Liability of master for injury to minor 
 servant who secures . employment' by 
 misrepresenting his age. L.R.A.1915F, 
 1082. 
 
 Begin with this hooTe on every law question. 
 
INDEX TO NOTES. 
 
 269 
 
 FRAUD AND DECEIT, IV. a.— cont'd. 
 Effect of secret advantage to one member 
 
 of joint adventure. 50 L.R.A.(N.S.) 
 
 1046 
 Voluntariness of confession procured by. 
 
 50 L.R.A.(N.S.) 1088. 
 
 § 17. On compromise or release. 
 
 In securing release from servant accepting 
 
 benefits of relief fund. 48 L.R.A. (N.S.) 
 
 448. 
 Effect of representation or undue influence 
 
 by physician to avoid release. 50 
 
 L.R.A. (N.S.) 1091. 
 
 § 18. In sale of chattels. 
 
 As ground for rescission of sale, see Sale, 
 § 67. 
 
 Effect of fraud by seller on exclusiveness of 
 remedy for breach of warranty provid- 
 ed in contract for sale of machinery. 
 50 L.R.A.(N.S.) 773. 
 
 § 19. In sale of land. 
 
 As ground for rescission of sale of real 
 property, see Vendob and Purchaser, 
 § 24. 
 
 § 21. On right to specific perform- 
 ance. 
 
 See Specific Performance, § 18. 
 
 § 23. Matters as to commercial pa- 
 per. 
 
 Rights and protection of bona fide pur- 
 chasers generally, see Bills and Notes, 
 §§ 38-42. 
 
 What misrepresentations as to the contents 
 of an instrument v/Ul render it void in 
 law. 4 B. R. C. 663. 
 
 Action for damages for fraud in securing 
 execution of bill or note not yet due. 
 52 L.R.A.(N.S.) 945. 
 
 Validity of obligations given bank as 
 affected by concealment of illegal 
 transactions. L.R.A.1916A, 1218. 
 
 § 25. Partnership matters. 
 
 As affecting assumption of debts on dissolu- 
 tion of partnership. 48 L.R.A. (N.S.) 
 548. 
 
 § 26. Corporate matters. 
 
 What constitutes, see supra, § 12. 
 Liability in regard to, see infra, § 33. 
 
 On corporation's liability on contracts of 
 promoters. 50 L.R.A. (N.S.) 987. 
 
 Fraud as a ground for release from sub- 
 scription to stock after insolvency of 
 corporation. L.R.A.1915D, 792. 
 
 Fraud of officers of corporation as ground 
 for appointment of receiver or vpinding 
 up of corporation at instance of stock- 
 holders. L.R.A.1915A, 606. 
 
 § 27. Insurance matters. 
 
 Effect of misrepresentations by applicant 
 
 for insurance, see Insurance, V. h. 
 
 Consult also L.R.A. Digests to date. 
 
 FRAUD AND DECEIT, IV. a,— cont'd. 
 
 Fraud or false swearing by . agent of in- 
 sured in making proofs of loss. 52 
 L.R.A.(N.S.) 1074. 
 
 § 28. — forfeiture of policy because 
 of. 
 
 Cancelation of insurance policy for, see In- 
 surance. 
 
 Effect of fraud to cause forfeiture of entire 
 policy. 51 L.R.A.(N.S.) 1063. 
 
 § 28a. Effect on judgment. 
 
 As ground for collateral attack on judg- 
 ment, see Judgment, § 55. 
 
 As ground of relief from judgment, see 
 Judgment, § 95. 
 
 6. Of concealment. 
 
 § 29. Generally. 
 
 Concealment as fraud, see supra, § 6. 
 
 Effect of secret advantage to one of several 
 joint purchasers. 43 L.R.A. (X.S.) 934. 
 
 Duty of municipal officer to account for 
 profits made in transaction with mu- 
 nicipality. 48 L.R.A.(N.S.) 842. 
 
 Validity of obligations given bank as affect- 
 ed by concealment of illegal transac- 
 tions. L.R.A.1916A, 1218. 
 
 T. Liability for; punishment of. 
 
 § 32. Generally. 
 
 As to condition of leased premises. L.R.A. 
 1916D, 1224. 
 
 Liability of telegraph company for fraudu- 
 lent transmission or delivery of forged 
 message. L.R.A.1915A, 120." 
 
 Liability for fraud in inducing one to marry 
 a third person. 46 L.R.A. (N.S.) 98. 
 
 Right of action against third person for 
 fraud inducing one to submit to a judg- 
 ment less favorable to him than he was 
 entitled to. 46 L.R.A. (N.S.) 110. 
 
 § 33. Corporate matters. 
 
 What constitutes fraud, see supra, § 12. 
 Effect of fraud, see supra, § 26. 
 Liability of corporate officers for, see COB- 
 porations, §§ 56, 57a. 
 
 Partnership liability of stockholders in case 
 of fraudulent corporations. L.R.A. 
 ini6C, 196. 
 
 § 34. Responsibility for another's 
 fraud. 
 
 Liability of one who introduces or iden- 
 tifies an impostor, for fraud perpe- 
 trated by him. 51 L.R.A. (N.S.) 707. 
 
 Liability of principal for fraud perpetrated 
 by agent acting within apparent scope 
 of his authority, but for his own bene- 
 fit. 5 B. R. C. 526. 
 
 g 35. Punishment of. 
 
 Imprisonment for fraud as violation of con- 
 stitutional provision against imprison- 
 ment for debt. L.R.A.1915B, 640. 
 
270 
 
 INDEX TO NOTES. 
 
 FRAUD AND DECEIT— cont'd. 
 
 VI. Remedies; relief fvotn; set-off. 
 
 § 36. Generally. 
 
 As ground for cancelation of instrument, 
 
 see Cancelation of Instbuments, § 3. 
 
 Cancelation of insurance policy for, see In- 
 
 STTBANCE, § 50. 
 
 Relief from contract generally on ground 
 of fraud, see Contkacts, § 119. 
 
 As ground for rescission of contract gen^ 
 erally, see Contkacts, § 153. 
 
 As ground for rescission of stock subscrip- 
 tion, see CoHPORATiONS, § 79. 
 
 As ground for rescission of deed, see Deeds, 
 § 33a. 
 
 As ground for rescission of sale of per- 
 sonalty, see Sale, § 67. 
 
 As ground for rescission of sale of real 
 property, see Vendor and Purchaser, 
 § 24. 
 
 Jurisdiction of equity in case of, see Equi- 
 ty, § 7. ^ 
 
 Injunction in case of fraud, see Injunction, 
 §§ 6, 52. 
 
 Relief from judgment because of fraud, see 
 Judgment, § 95. 
 
 Fraud as ground for admitting parol evi- 
 dence that a written instrument im- 
 porting absolute conveyance was in- 
 tended as a mortgage. L.R.A.1916B, 
 178. 
 Rights and remedies of prior beneficiary 
 where change of beneficiary is accom- 
 plished by fraud or undue influence. 
 L.R.A.1916C, 1133. 
 Liability of one party to a contract or 
 transaction to the other because of 
 bonus or commission allowed by the 
 former to the latter's agent. 49 
 L.R.A.(N.S.) 101. 
 Right of purchaser at sale by mortgage 
 under power to relief in case of mort- 
 gagee's fraud. 49 L.R.A.(N.S.) 515. 
 Right of trustee to redress fraud practised 
 on the beneficiary of the trust. L.R.A. 
 1915E, 451. 
 Right of executor or administrator to avoid 
 ' conveyance or transfer by decedent 
 
 in fraud of creditors. 50 L.R.A. 
 (N.S.) 320. 
 Scope. 50 L.R.A.(N.S.) 320. 
 Duty to inventory property fraudulent- 
 ly transferred. 50 , L.R.A. (N.S.) 
 321. 
 Right to impeach fraudulent convey- 
 ance or transfer. 50 L.R.A. 
 (N.S.) 321. 
 In absence of statutory authority. 
 
 50 L.E.A.(N.S.) 321. 
 Where estate is solvent. 50 L.R.A. 
 
 (N.S.) 321. 
 Where estate is insolvent. 50 
 
 L.R.A. (N.S.) 322. 
 Statutory provisions and their 
 
 effect. 50 L.R.A. (N.S.) 328. 
 Where transfer is incomplete. 50 
 
 L.R.A.(N.S.) 333. 
 Where fraudulent transferee relin- 
 quishes property. 50 L.R.A. 
 (N.S.) 333. 
 
 FRAUD AND DECEIT, YI.— cont'd. 
 
 What property may be reached. 50 
 
 L.R.A.(N.S.) 333. 
 Application of property recovered. 50 
 
 L.E.A.(N.S.) 335. 
 
 § 37. Action at law for damages. 
 
 Proof of claim in bankruptcy as bar to 
 action for deceit in securing credit. 43 
 L.R.A.(N.S.) 649. 
 
 Right of action for fraud in entering into 
 partnership contract with intent of 
 not going on with business. 51 L.R.A. 
 (N.S.) 94. 
 
 Action for damages for fraud in securing 
 execution of bill or note not yet due. 
 52 L.R.A.(N.S.) 945. 
 
 Survival of cause of action, and abatement 
 and revival of action, for deceit or 
 false representations, upon death of 
 party. 52 L.R.A. (N.S.) 885. 
 
 § 39. Becovery back of money. 
 
 Right of holder of policy to recover premi- 
 ums paid upon the faith of the agent's 
 false representation, notwithstanding 
 part performance. 3 B. R. C. 852. 
 
 § 40. Frereciuisites to relief. 
 
 Compliance with contract for the purchase 
 of real estate as condition precedent to 
 the right of the vendee to maintain 
 an action against his vendor for fraud 
 and deceit. L.R.A.1915F, 962. 
 
 FRAUDS, STATUTE OF. 
 
 See Contracts, II. g. 
 
 FRAUDULENT CONVEYANCES. 
 
 I. In general, §§ 1—5. 
 II. Consideration ; voluntary transfers, 
 §§ 6, 7. 
 III. Preferences; mortgages; purchase 
 hy creditor from, debtor, §§ 8—11. 
 V. Reservation of interest; retention 
 of possession, §§ 18—20. 
 YI. Transactions het'ween husband and 
 wife and other relatives, §§ 31, 
 31a. 
 IX. Remedies, §§ 34k-26. 
 
 I. In general. 
 
 § 1. Generally. 
 
 By bankrupt, see Bankruptcy, VI. 
 
 Conveyances in fraud of marital rights, see 
 Husband and Wife, §§ 43, 43a. 
 
 As to sales in bulk, see Sale, § 6. 
 
 As to fraud generally, see Fraud and De- 
 ceit. 
 
 Conflict of laws as to. L.R.A.1916A, 1041. 
 Conveyance or transfer by one secondarily 
 liable. 47 L.R.A. (N.S.) 320. 
 Indorsers as debtors. 47 L.R.A. (N.S.) 
 321. 
 
 Begin with this booTc on every law question. 
 
INDEX TO NOTES. 
 
 271 
 
 FRAUDULENT CONVEYANCES, I.— 
 cont'd. 
 Guarantors as debtors. 47 L.R.A. 
 
 (N.S.) 321. 
 Sureties as debtors. 47 L.E.A.(N.S.) 
 
 322. 
 Miscellaneous eases. 47 L.E.A. (N.S.) 
 
 324. 
 
 § 4. Effect on legal title. 
 
 Validity of title or lien acquired by cred- 
 itor of fraudulent transferrer through 
 fraudulent transferee. 5 B. E. C. 277. 
 
 II. Consideration; voluntary transfers. 
 
 § 6. Generally. 
 
 May one be a "purchaser" for a valuable 
 consideration where nothing capable of 
 money measurement is given. 4 B. R. 
 C. 782. 
 
 Right of creditors to attack conveyance 
 made in pursuance of previous oral 
 agreement unenforceable because of 
 statute of frauds. L.R.A.1916D, 1213. 
 
 ///. Preferences; mortgages; purchase 
 by creditor from debtor. 
 
 § 9. Mortgages. 
 
 Instrument of transfer absolute in form but 
 intended as a mortgage. L.R.A.1916B, 
 576. 
 
 V. Reservation of interest; retention of 
 
 possession. 
 
 § 19. Retention of possession; fail- 
 ure to file. 
 
 Estoppel of one who permits title of real 
 property to stand in another's name, to 
 assert title as against latter's cred- 
 itors. 46 L.R.A.(X.S.) 1097. 
 
 VI. Transactions between husband and 
 
 wife and other relatives. 
 
 § 21a. Hnsband and nrife. 
 
 Validity of arrangement for household fi- 
 nances as against husband's cred- 
 itors. 43 L.R.A.(N.S.) 685. 
 Household allowance. 43 L.R.A.(N.S.) 
 
 686. 
 Wife's right to payment or allowance 
 for services in connection with 
 home. 43 L.R.A.(X.S.) 686. 
 "Butter money," etc. 48 L.E.A. (N.S.) 
 
 689. 
 Boarders. 43 L.E.A. (N.S.) 689. 
 
 Keeping boarders as separate busi- 
 ness. 43 L.E.A. (N.S.) 693. 
 Massachusetts statute. 43 L.E.A. 
 
 (N.S.) 694. 
 Miscellaneous. 43 L.E.A. (N.S.) 694. 
 Policy of life insurance payable to wife as 
 assets of bankrupt. 46 L.E.A. (N.S.) 
 148. 
 
 IX. Remedies. 
 
 § 24. Generally. 
 
 Remedy of creditors where sale is made in 
 violation of bulk sales law. L.E.A. 
 1916B, 974. 
 Consult also L.R.A. Digests to date. 
 
 FRAUDULENT INTENT. 
 
 See Intent, § 11. 
 
 < ■ » 
 
 FREEDOM. 
 
 Unconstitutional restraint on, see Consti- 
 tutional Law, VIII. 
 
 »« » 
 
 FREE PASSENGERS. 
 
 See Cabeiebs, §§ 23, 29, 57. 
 
 FREE SCHOOLS. 
 
 See Schools. 
 
 FREE TRANSPORTATION. 
 
 Of passenger, see Cabeiers, § 57. 
 
 FREIGHT. 
 
 Carriers of, see Carriers, IV. 
 
 Right of mortgagee of ship as to freight. 
 4 B. R. C. 538. 
 
 FREIGHT CARS. 
 
 Carrier's duty as to, see Cabeiebs, IV. j. 
 
 FREIGHT ELEVATORS. 
 
 See Elevators, II. 
 
 FRIEND. 
 
 Voluntariness of confession to. 
 (N.S.) 1077. 
 
 50 L.E.A. 
 
 FRIEND OF COURT. 
 
 See Amicus Cuei.*;. 
 
 FRIGHT. 
 
 § 1. Of animal. 
 
 Of horses, see Hobses, II. 
 
 Of animals on railroad track, see Eail- 
 
 HO.IDS. 
 
272 
 
 INDEX TO NOTES. 
 
 FRIGHT— cont'd. 
 
 § Z. Of human being. 
 
 Proximate cause of injury by, see Proxi- 
 mate Cause, VII. 
 
 Liability for frightening passenger. 45 
 L.E.A.(N.S.) 433. 
 No physical impact and no physical 
 
 injury. 45 L.R.A.(N.S.) 435. 
 No physical impact but physical in- 
 jury resulting from fright. 45 
 L.R.A.(N.S.) 435. 
 Treating resulting injury as in- 
 cidental to fright. 45 L.K.A. 
 (N.S.) 435. 
 Doctrine of expediency. 45 L.R.A. 
 
 (N.S.) 436. 
 Theory of proximate cause. 45 
 
 L.R.A.(N.S.) 437. 
 Miscellaneous cases. 45 L.R.A. 
 (N.S.) 439. 
 Both physical impact and physical in- 
 jury resulting from fright. 45 
 L.R.A.(N.S.) 440. 
 Fright resulting from deliberate act di- 
 rected toward person injured. 45 
 L.R.A.(N.S.) 441. 
 Fright inducing an act causing injury. 
 
 45 L.R.A. (N.S.) 443. 
 Fright because of another's danger. 45 
 L,R.A.(N.S.) 445. 
 
 § 3. — liability for physical injury 
 resulting from. 
 
 Eight to recover for physical injury result- 
 ing from fright caused by a wrong- 
 ful act. L.E.A.1915D, 830. 
 Fright caused by negligence. L.R.A. 
 1915D, 832. 
 Treating physical injury resulting 
 from fright as a mere incident 
 of the fright. L.R.A.1915D, 
 832. 
 Remoteness of the damage. L.R.A. 
 
 1915D, 832. 
 Doctrine of expediency. L.R.A. 
 
 1915D, 832. 
 Miscellaneous cases. L.R.A.1915D, 
 833. 
 Fright resulting from wilful tort. 
 
 L.R.A.1915D, 833. 
 Fright because of another's danger. 
 L.R.A.1915D, 833. 
 Liability for physical injury to passenger 
 resulting from fright. 45 L.R.A. (N.S.) 
 435. 
 
 FROGS. 
 
 See Unblocked Switches. 
 
 « » » 
 
 FRONTAGE TAX. 
 
 See Public Improvements, § 25. 
 
 FRONT-FOOT RULE. 
 
 Assessments for public improvements by 
 front-foot rule, see Public Impbove- 
 
 MENTS, § 25. 
 
 FROSTY. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 316. 
 
 FRUCTUS INDXTSTRIALES. 
 
 See Crops. 
 
 FRUIT. 
 
 As subject of larceny. 49 L.R.A. (N.S.) 966, 
 
 969. 
 Right as between owner of land and owner 
 
 of trees to annual product of trees. 
 
 L.R.A.1915E, 307. 
 
 FRUIT TREES. 
 
 Right as between owner of land and owner 
 of trees to annual product of trees. 
 L.R.A.1915E, 307. 
 
 FUEL. 
 
 Action on contractor's bond for cost of. 43 
 L.R.A.(N.S.) 167; L.R.A.1915F, 953. 
 
 Mechanics' lien for fuel consumed in process 
 of work. L.R.A.1915E, 987. 
 
 » »» 
 
 FUGITIVES FROM JUSTICE. 
 
 In general, see Extkadition. 
 
 ♦-•-• 
 
 FULL CREW ACT. 
 
 Constitutionality and application of. 49 
 
 L.R.A. (N.S.) 977. 
 As interference with interstate 
 52 L.R.A.(N.S.) 268. 
 
 ♦<-♦ 
 
 commerce. 
 
 FULL FAITH AND CREDIT. 
 
 To statute of other state, see Conflict of 
 
 Laws. 
 To judgment of other state, see Judgment, 
 
 V. b. 
 
 Begin with this toole on every law question. 
 
INDEX TO NOTES. 
 
 273 
 
 FUNERAL. 
 
 Allowance for mental anguish resulting 
 from negligence in transmission of tele- 
 gram relating to, see Damages, § 102. 
 
 FUNERAL EXPENSES. 
 
 Liability of estate for, see Executoes and 
 Administbatous, §§ 36, 37. 
 
 Liability of husband for funeral expenses of 
 wife. 47 L.R.A.(N.S.) 283. 
 
 FUTURE DAMAGES. 
 
 See Damages, § 119. 
 
 FUTURE EARNINGS. 
 
 Assignability of, see Assignment, § 6. 
 
 ♦-•-• 
 
 FUTURE ESTATES. 
 
 See Wills, § 99. 
 
 ■ ♦-»♦ 
 
 FUTURE PROFITS. 
 
 Loss of, as element of damages, see Dam- 
 ages, III. u. 
 
 FUTURES. 
 
 Power of legislature to enact prima facie 
 rule of evidence in prosecution for 
 dealing in. L.R.A.1915C, 728. 
 
 GAMBLING. 
 
 See Gaming. 
 
 ♦-»-• 
 
 GAMBLING DEVICE. 
 
 See Gaming, § 6. 
 
 GAME LAWS. 
 
 GAME LAWS— cont'd. 
 
 Constitutionality of the migratory birds 
 provision in the act of Congress of 
 March 4, 1913. L.R.A.1915F, 1031. 
 
 As to fish, see Fisheries. 
 
 Applicability of game laws to domesticated 
 
 anim-als. L.R.A.1916C, 343. 
 Forfeiture of personal property used in 
 
 violation of. L.R.A.1916F, 913. 
 Cruel and unusual punishment for viola- 
 tion of. L.R.A.1915C, 566. 
 Consult also L.R.A. Digests to date. 
 
 43— '16F. 18 
 
 GAMING. 
 
 /. In general, § 1. 
 II. Criminal liability, §§ 2—S. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Conflict of laws as to gambling and lottery 
 contracts, see Conflict of Laws, § 4. 
 
 Validity of wagering contract, see Con- 
 tracts, § 105. 
 
 Liability on liquor dealer's bond for gaming 
 on premises. L.R.A.1916E, 274. 
 
 Pool selling as a nuisance. 44 L.R.A. (N.S.) 
 161. 
 
 Estoppel to set up defense that commercial 
 paper was given in gambling transac- 
 tion by representations to prospective 
 purchaser. 50 L.R.A.(N.S.) 1032. 
 
 II. Criminal liability. 
 
 Who is accomplice in gambling within rule 
 requiring corroboration of testimony. 
 43 L.R.A. (N.S.) 546. 
 
 § 5. Persons liable. 
 
 Criminal responsibility of lessor of gam- 
 bling house. 44 L.R.A. (N.S.) 863. 
 
 § 6. Gambling devices or apparatus. 
 
 Damage to, or conversion of, gambling de- 
 vice as ground of action. 45 L.R.A. 
 (N.S.) 334. 
 Replevin. 45 L.R.A. (N.S.) 336. 
 Forfeiture of rights or interests of innocent 
 
 persons in. L.R.A.1916E, 354. 
 Power to seize gambling devices in absence 
 of charge of violation of laws against 
 gambling. L.R.A.1915A, 232. 
 
 § 7. Evidence. 
 
 Power of legislature to enact prima facie 
 rule of evidence. L.R.A.191dC, 727. 
 
 § 8. Punisbmcnt. 
 
 Cruel and unusual punishment for. L.R.A. 
 1915C, 570. 
 
 GARAGE. 
 
 In general, see Automobiles, § 9. 
 
 Prohibition or regulation of. L.R.A. 1915D, 
 603. 
 
 •-•-» 
 
 GARBAGE. 
 
 Throwing garbage on surface as nuisance. 
 43 L.R.A.(N.S.) 1037; L.R.A.1915C, 
 747. 
 
274 
 
 INDEX TO NOTES. 
 
 GARBAGE— oonfd. 
 
 Power of municipal corporation to grant 
 exclusive right or create monopoly for 
 removal of. L.R.A.1915D, 209. 
 
 GARDENS. 
 
 Effect of constitutional or statutory exemp- 
 tion of, from condemnation proceed- 
 ings. L.E.A.1916A, 1103. 
 
 ♦ ♦ » 
 
 GARNISHMENT. 
 
 I. In general, §§ 1, 3. 
 II. When lies, §§ 3—12. 
 
 b. Against whom, §§ 4—9. 
 
 c. What claims or property sub- 
 
 ject to, §§ 10— 11a. 
 
 d. Where debt gamishable, § 12. 
 III. Effect ; rights - and duties oj gar- 
 nishee; priorities, §§ 13—18. 
 
 IT. Procedure; judgment; abatement; 
 injunction against, §§ 19—21. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Against state officer, 
 state. 44 L.R.A.I 
 
 as suit against the 
 
 N.S.) 218. 
 
 II. When lies, 
 b. Against whom. 
 
 % 4. Generally. 
 
 Against state officer, as suit against the 
 
 state. 44 L.R.A.(N.S.) 218. 
 Liability of Soldiers' Home to process of 
 
 garnishment in state courts. 46 L.E.A. 
 
 (N.S.) 301. 
 
 § 6. Carriers. 
 
 As to debts and ordinary bailments. L.R.A. 
 
 1916E, 452. 
 As to property held for transportation. 
 L.R.A.1916E, 452. 
 While in actual transit. L.E.A.1916E, 
 
 452. 
 Before and after actual transit. 
 L.R.A.1916E, 454. 
 
 § 9. Counties. 
 
 Legal garnishment. L.R.A.1916E, 1183. 
 Equitable garnishment. L.R.A.1916E, 1164. 
 
 c. What claims or property subject to. 
 
 § 10. Generally. 
 
 Of bank deposit, see Banks, § 14. 
 
 As to exemptions, see Exemptions, II. b. 
 
 Right to garnish or attach proceeds of exe- 
 cution sale in the hands of the 
 sheriff. 43 L.R.A.(N.S.) 571. 
 Attachment or garnishment by creditor 
 of execution plaintiff. 43 L.R.A. 
 (N.S.) 572. 
 
 Begin with this booTi on every lata question 
 
 GARNISHMENT, II. c— cont'd. 
 
 By creditor of defendant in execution. 
 43 L.R.A.(N.S.) 574. 
 Injured employee's right to reach fund un- 
 der employers' liability policy. 48 
 L.R.A.(N.S.) 191. 
 Garnishment of foreign railroad car. 
 
 L.R.A.1915D, 838. 
 Garnishment of money due or to become 
 due on a contract the proceeds of 
 which have been assigned by the 
 debtor prior to the garnishment. 
 L.R.A.1916D, 365. 
 Proceeds of general contracts. L.R.A. 
 
 1916D, 365. 
 Wages, salary, and earnings. L.R.A. 
 1916D, 367. 
 Under statutes. L.R.A.1916D, 
 369. 
 
 § 10a. Salary or nrages. 
 
 Garnishment of wages or salary due or to 
 become due which have been assigned 
 by the debtor prior to the garnishment. 
 L.R.A.1916D, 367. 
 
 d. Where debt gamishable. 
 
 § 12. Generally. 
 
 In general. 1915F, 880. 
 
 Debtor's right of action against his creditor 
 for garnishing debt in another jurisdic- 
 tion in evasion of exemption laws of 
 their domicil. 47 L.R.A. (N.S.) 689. 
 
 Garnishment of judgment rendered in an- 
 other state. 4: L.R.A.{N.S.) 531. 
 
 Domicil of debtor (garnishee). L.R.A. 
 191SF, 883. 
 
 State other than his domicil, where debtor 
 (garnishee) temporarily present. 
 L.R.A.1915F, 884. 
 
 State where foreign corporation (garnishee) 
 engaged in business. L.R.A.1915F, 
 884. 
 
 Exemptions. L.R.A.1915E, 885. 
 
 III. JE fleet; rights and duties of gar- 
 nishee ; priorities. 
 
 §13. Effect of garnishment. 
 
 Garnishment proceedings as a change of 
 position within law of estoppel. 52 
 
 L.R.A.(N.S.) 1188. 
 
 § 16. Rights of garnishee. 
 
 Right of garnishee to attack judgment 
 against principal defendant for lack of 
 jurisdiction. 51 L.R.A. (N.S.) 597. 
 
 § 18. Priorities. 
 
 Right of bank as against garnishing creditor 
 to set off unmatured claim against de- 
 posit of debtor. 46 L.R.A.(N.S.) 1059. 
 Priority of garnishment over prior assign- 
 ment as affected by notice or lack 
 of notice. L.R.A.1916E, 81. 
 Rule that notice before service not 
 essential to priority. L.R.A.1916E, 
 82. 
 Rule that notice before service essen- 
 tial. L.R.A.1916E, 88. 
 Sufficiency of notice. L.E.A. 1916E, 90. 
 
INDEX TO NOTES. 
 
 275 
 
 GARNISHMENT, III.— cont'd. 
 
 Effect of assignment of surplus of garn- 
 ished fund, to defeat a subsequent 
 garnishment. 5 B. R. C. 450. 
 
 Priority between one garnishing money 
 due or to become due under a con- 
 tract and an assignee of the proceeds 
 of the contract assigned prior to the 
 garnishment. L.R.A.1916D, 365. 
 
 IT. Procedure; judgment; abatement; 
 injunction against. 
 
 § 19. Generally. 
 
 Filing bond to secure release of property as 
 an appearance. L.E.A.1916F, 587. 
 
 Jurisdiction of actions, aided by garnish- 
 ment, against a resident of the state. 
 49 L.R.A.(N.S.) 548. 
 
 § 20. Judgment. 
 
 Right of garnishee to attack judgment 
 against principal defendant for lack of 
 jurisdiction. 51 L.R.A.(N.S.) 597. 
 
 GAS. 
 
 I. In general, §§ l—i. 
 III. Rates; payment of rentals; meters, 
 
 §§ 7-10. 
 IV. Liability for negligence in escape 
 
 and explosion of gas, §§ 11—14:. 
 
 I. In general, 
 
 § 1. Generally. 
 
 <ias pipes in street, see Highways, § 22. 
 Natural gas, see Mines, III. u. 
 Valuation of property of gas company, see 
 Public Service Corporations, § 5. 
 
 Storage of, as nuisance. 52 L.R.A. (N.S.) 
 930. 
 
 ///. Bates; payment of rentals; meters. 
 
 § 7. Rates. 
 
 Right to discriminate between consumers as 
 to rates. L.R.A.1915D, 1086. 
 
 Incorporation of territory into municipal- 
 ity as affecting existing contract as to 
 gas rates in that territory. L.R.A. 
 1916A, 1071. 
 
 Consumer's right to compel gas company to 
 respect rates stipulated in contract 
 with municipality. L.R.A.1915D, 918. 
 
 Right of gas company to impose penalty or 
 added amount for failure to pay serv- 
 ice bills promptly. 43 L.R.A. (N.S.) 
 03. 
 
 § 8. — regulating and fixing rates. 
 
 "Valuation of property of, for purpose of 
 fixing rates, see Public Service Corpo- 
 rations, § 5. 
 
 Power of municipality, apart from contract, 
 to regulate rates to be charged by gas 
 company. 43 L.R.A.(N.S.) 994. 
 
 Right to reduce rates fixed by franchise or 
 charter. L.R.A.1915C, 261. 
 Consult also L.B.A. Digests to date. 
 
 GAS, III.— cont'd. 
 
 Effect of contract with patron to preclude 
 regulation of rates. L.R.A.1915C, 282. 
 
 IV. lAability for negligence in escape 
 and explosion of gas. 
 
 § 11. Generally. 
 
 Measure of damages for destruction of tim- 
 ber by gas. 52 L.R.A.(N.S.) 92. 
 
 §12. Iiiability of gas company. 
 
 Liability of gas company for negligence in 
 escape or explosion of gas. L.R.A. 
 1915E, 1022. 
 Maintenance and inspection of existing 
 equipment. L.R.A.1915E, 
 
 1023. 
 Instrumentalities exclusively with- 
 in company's control. L.R.A. 
 1915E, 1023. 
 Instrumentalities on consumer's 
 premises. L.R.A.1915E, 1023. 
 Care in operations on consumer's prem- 
 ises. L.R.A.1915E, 1025. 
 Effect of notice of leaks. L.R.A.1915E, 
 
 1026. 
 Effect of intervening acts or omissions 
 of others. L.R.A.1915E, 1027. 
 Acts or omissions of third persons, 
 
 L.R.A.1915E, 1027. 
 Acts of persons injured. L.R.A. 
 1915E, 1027. 
 
 GASOI.ENE. 
 
 Storage of, as nuisance. 52 L.E.A. (N.S. 
 930. 
 
 GASTRITIS. 
 
 As element of damages for negligent injury. 
 48 L.R.A.(N.S.) 100. 
 
 GATEMEN. 
 
 As fellow servants. 52 L.R.A. (N.S.) 1104. 
 
 GATES. 
 
 g 1. Generally. 
 
 Safety gate at railroad crossing, see Rail- 
 roads, §§ 33, 70. 
 
 Right to maintain, across easement of way. 
 
 48 L.R.A. (N.S.) 87. 
 Doctrine of attractive nuisance as applied 
 
 to. L.R.A.1915D, 162. 
 
 GENERAL AGENT. 
 
 Authority of general agent to receive pay- 
 ment where securitv is not in his pos- 
 session. L.R.A.1916B, 861. 
 
276 
 
 INDEX TO NOTES. 
 
 GBNERAIi DENIAL. 
 
 See Pleading, § 38. 
 
 GENERAL LEGISLATION. 
 
 See Statutes, II. e. 
 
 ♦-•-♦ 
 
 GENUINENESS. 
 
 Of handwriting or typewriting, evidence as 
 to, see Evidence, VIII. h. 
 
 GERMINATING POWTER. 
 
 Warranty of germinating power on sale of 
 seeds. L.E.A.1916C, 1012. 
 
 GIFT. 
 
 I. In general, §§ 1—9. 
 III. Validity generally ; incomplete gift ; 
 delivery; eftect, §§ 11—15. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Of bank deposit, see Banks, § 12a. 
 Of public money, see Public Money, § 4. 
 Succession tax on, see Taxes, VI. 
 By will, see Wills, V. 
 
 Diversion of property donated for public 
 library to other uses. 45 L.E.A. (N.S.) 
 368. 
 
 § 2. Of corporate stock. 
 
 See CORPOEATIONS, § 84. 
 
 ///. Validity generally ; inconvplete gift ; 
 delivery; effect. 
 
 § 13. Delivery. 
 
 In case of gift of bank deposit, see Banks, 
 
 § 12a. 
 In case of gift of corporate stock, see Corpo- 
 
 EATIONS, § 84. 
 
 May proof of delivery essential to gift rest 
 upon subsequent declarations of donor 
 alone. L.R.A.1916E, 288. 
 
 § 15. Effect. 
 
 Gift by testator as ademption of general 
 legacy to donee. L.R.A.1916C, 618. 
 
 GIN. 
 
 GOING CONCERN. 
 
 Treatment of going concern value in public 
 service property valuations. 48 L.E.A. 
 (N.S.) 1092. 
 
 Amortization of going value in estimating 
 return of a public service corporation 
 for rate-making purposes. 52 L.R.A. 
 (N.S.) 50. 
 
 GONG. 
 
 Frightening of horse by street car gong. 
 48 L.R.A.(N.S.) 823. 
 
 GOOD BEHAVIOR. 
 
 Reduction of punishment for, see Criminal 
 Law, § 81. 
 
 < «» 
 
 GOOD CHARACTER. 
 
 See Chaeacteb. 
 
 ♦ «» 
 
 GOOD FAITH. 
 
 § 1. Generally. 
 
 Of transferee of note, see Bills and Notes, 
 
 IV. b. 
 Presumption and burden of proof as to, see 
 
 Evidence, III. d, 7. 
 
 47 
 
 § 2. In contractual matters. 
 
 Of parties to arbitration agreement, 
 L.R.A.(N,S.) 421. 
 
 Of mortgagee in possession in making re- 
 pairs or improA'ements on property. 
 49 L.R.A.(N.S.) 126. 
 
 Good faith of discharge under contract of 
 employment which requires work to be 
 satisfactory. L.R.A.1916F, 892. 
 
 GOOD HEALTH. 
 
 Condition for delivery of insurance policy 
 during, see Insurance, § 91. 
 
 GOODS. 
 
 See Personal Property. 
 
 < ■ » 
 
 GOOD WTILL. 
 
 § 1. Generally. 
 
 As to express contracts, ancillary to sale 
 of business, restricting right to engage 
 Judicial notice of intoxicating character of. in .similar business, see Contracts, §§ 
 
 48 L.R.A. (N.S.) 305. ' 107-109, 117. 
 
 Begin with this booU on every law question. 
 
INDEX TO NOTES. 
 
 277 
 
 GOOD WILL— cont'd. 
 
 As element of compensation to be paid 
 public utility company upon taking its 
 plant. 47 L.R.A.(N.S.) 781. 
 
 Treatment of, in public service property 
 valuations. 48 L.R.A.(N.S.) 1146. 
 
 GOOD ^VOBDS. 
 
 As an intangible value to be considered in 
 public service property valuations. 48 
 L.R.A.(X.S.) 1084. 
 
 GOVERNMENT. 
 
 Bonds of, see Bonds, III. 
 
 Governmental control over carriers, see 
 Caeriebs, V. 
 
 Governmental control and regulation of cor- 
 porations generally, see Cokporations, 
 § 1^- 
 
 Governmental control over right of fishing, 
 see Fisheries, § 4. 
 
 Commission form of government, see Ma- 
 ^iciPAL Corporations, § S. 
 
 Priority of claims by or against, see Priori- 
 ty, § 3. 
 
 Political bodies and divisions, see Counties ; 
 iluxiciPAL Corporations; State; 
 Towns; United States. 
 
 Implication from use of patented article, 
 of promise to pay royalty. 44 L.R.A. 
 (N.S.) 334. 
 
 Applicability of presumption of payment 
 from lapse of time as against govern- 
 ment. L.R.A.1916B, 739. 
 
 GOVERNOR. 
 
 § 1. Generally. 
 
 Suit against, as action against the state. 
 44 L.R.A.(X.S.) 193. 
 
 Power of court to inquire into the motives 
 of the governor in exercising the par- 
 doning power. 52 L.R.A. (N.S.) 113. 
 
 § 2. Powers. 
 
 Eight of governor to make an ad interim 
 appointment to an office whose fixed 
 term expires before the senate's ad- 
 journment, where the incumbent is au- 
 thorized to hold over until his succes- 
 sor is appointed. 46 L.R.A. (N.S.) 
 1202. 
 
 Pardon by lieutenant governor or governor 
 pro tem. 47 L.R.A. (N.S.) 1036. 
 
 Constitutionality of restrictions upon gov- 
 ernor's pardoning power. L.R.A.1915F, 
 519. 
 
 § 4. Iiiability. 
 
 Personal liability of governor. L.R.A. 
 1915A, 175. 
 Consult also L.B.A. Digests to date. 
 
 GRADE. 
 
 Change of, see Highways, V. e. 
 
 <» » » 
 
 GRAIN. 
 
 Liability of grain to taxation while in ele- 
 vator in course of interstate transpor- 
 tation. 44 L.R.A.(N.S.) 586. 
 
 GRAIN ELEVATOR. 
 
 See Elevators, I. 
 
 GRANDCHILDREN. 
 
 Statutory right of action for death of 
 grandparents. L.R.A. 1916E, 130. 
 
 GRAND JURY. 
 
 § 1. Generally. 
 
 Constitutionality of statutes as to, see Con- 
 stitutional Law, § 153. 
 
 As to indictment by, generally, see Indict- 
 ment, etc. 
 
 Oath to, See Oath, § 2. 
 
 Misconduct toward, as contempt. 46 L.R.A. 
 
 (N.S.) 521; L.R.A.1916D, 1193. 
 Absence of foremati or juryman from grand 
 
 jury room. 44 L.R.A. (N.S.) 1142. 
 Presence of unauthorized person in grand 
 jury as affecting indictment. 
 L.R.A.1916D, 1123. 
 
 Stenographers. L.R.A.1916D, 1123. 
 
 Officers. L.R.A.1916D, 1125. 
 
 Judge. L.R.A.1916D, 1126. 
 
 Witnesses. L.E.A.1916D, 1126. 
 
 Miscellaneous. L.R.A.1916D, 1126. 
 New trial because juror was member of the 
 
 grand jury finding the indictment. oO 
 
 L.R.A.(N.S.) 970. 
 
 GRANDPARENTS. 
 
 Statutory right of action for death of. 
 L.R.A.1916E, 130. 
 
 GRANDSTAND. 
 
 Liability of person maintaining, for safety 
 of patrons. L.R.A.1915F, 693. 
 
 GRANT. 
 
 Boundary of, see Boundaries, II. 
 
 As to conveyances generally, see Deeds. 
 
 Of water rights, see Water's, §-98. 
 
278 
 
 INDEX TO NOTES. 
 
 GROCERS. 
 
 Validity of restrictive agreement ancillary 
 to sale of business. L.R.A.1916C, 630. 
 
 GROSS NEGLIGENCE. 
 
 Of railroad company operating trains longi- 
 tudinally along public street. 49 
 L.R.A.(N.S.) 688. 
 
 GROUND FOR REVERSAI.. 
 
 See Appeal and Erkor,' VIII. b. 
 
 ♦-•-* 
 
 GROUND RENT. 
 
 Taxation of land under perpetual lease. 46 
 L.R.A.(N.S.) 284. 
 
 GROWING CROPS. 
 
 See Crops. 
 
 ♦ «» 
 
 GUARANTEED STOCK. 
 
 See CoEPORATiONS, § 74. 
 
 GUARANTY. 
 
 I. In general, § 1. 
 II. Promise to answer for debt or de- 
 fault of another, §§ 2—10. 
 a. In general, §§ 2—5. 
 
 c. Notice, §§ 7, 8. 
 
 d. Discharge; effect of death of 
 
 party, §§ 9, lO. 
 
 I. In general. 
 
 % 1. Generally. 
 
 Of dividends on corporate stock, see CoRPO- 
 
 EATIONS, § 74. 
 
 Warranty of goods sold, see Sale, X., XI. c. 
 
 II, Promise to answer for debt or de- 
 fault of another. 
 
 a. In general. 
 
 § 2. Generally. 
 
 Guaranty of advances, see Advances, § 4. 
 Bond for fidelity of employee, see Bonds, 
 
 § 11. 
 Oral contract of, see Contracts, § 37. 
 In nature of insurance, see Insurance. 
 
 What misrepresentations as to the contents 
 of an instrument will render it void in 
 law. 4 B. K. C. 663. 
 
 GUARANTY, II. a— cont'd. 
 
 Necessity of new consideration to bind third 
 person who signs as guarantor after 
 execution and delivery of original con- 
 tract by principal. 44 L.R.A. (N.S.) 
 481. 
 
 Is conveyance by guarantor within statute 
 as to fraudulent conveyances. 47 
 L.R.A.(N.S.) 321. 
 
 § 3. What constitutes. 
 
 Request to make advances to another as im- 
 plied guaranty of payment. 46 L.R.A. 
 (N.S.) 484. 
 
 § 4. Transfer of title by. 
 
 Transfer of title to note by indorsement in 
 form of guaranty. L:R.A.1915C, 661. 
 
 c. Notice. 
 
 § 7.' Necessity of notice of acceptance 
 to bind guarantor. 
 
 Necessity of notice of acceptance to bind 
 guarantor. 48 L.R.A. (N.S.) 198. 
 Absolute guaranty. 48 L.R.A. (N.S.) 
 198. 
 Recital of consideration. 48 L.R.A. 
 
 (N.S.) 199. 
 Guaranty made at guarantee's re- 
 quest. 48 L.R.A. (N.S.) 199. 
 Suretyship. 48 L.R.A. (N.S.) 199. 
 Conditional guaranty. 48 L.R.A. (N.S.) 
 199. 
 
 d. Discharge; effect of death of party. 
 
 § 9. Discharge generally. 
 
 Effect of purchase at tax sale by or in the 
 interest of mortgagor, or guarantor of 
 mortgage indebtedness. 52 L.R.A. 
 
 (N.S.) 877. 
 
 § 10. EfPect of death of party on. 
 
 Effect on contract of guaranty of death of 
 party thereto. 45 L.R.A.(N.S.) 350. 
 
 GUARANTY INSURANCE. 
 
 See Insurance. 
 
 ^ » » 
 
 Begin with this booTc on every law question. 
 
 GUARDIAN AD LITEM. 
 
 For infant, see Infants, § 32. 
 •> » » 
 
 GUARDIAN AND W^ARD. 
 
 /. In general, § 1. 
 II. A^ppointm,ent, §§ 2—4:. 
 III. Powers, rights, and liabilities of 
 
 guardian, §§ 5—10. 
 IV. Bonds and liability thereon, §§ 
 11-13. 
 V. Sale or lease by guardian of ward's 
 land, §14. 
 VI. Action by ward against guardian, 
 § 15. 
 
INDEX TO NOTES. 
 
 279 
 
 GUARDIAN AND WARD— coniU 
 /. In general. 
 
 § 1. Generally. 
 
 Guardian of incompetent person, see In- 
 competent Persons, IX. 
 Guardian ad litem, see Infants, § 32. 
 
 Right of guardian of infant to appointment 
 as administrator or execiitor. L.E.A. 
 1915C, 581. 
 
 Guardian's consent as affecting infant's con- 
 tract. L.R.A.1915C, 362. 
 
 II. Appointment. 
 
 g 2a. By will. 
 
 Efifect of invalid attempt to appoint testa- 
 mentary guardian. 45 L.R.A. 
 (N.S.) 446. 
 
 Conferring express powers. 45 L.R.A. 
 (N.S.) 448. 
 
 Character in which person designated 
 takes control of property. 45 
 L.E.A.(N.S.) 449. 
 
 Contrary doctrine. 45 L.R.A. (N.S.) 
 450. 
 
 Miscellaneous. 45 L.R.A. (N.S.) 451. 
 
 III. Powers, rights, and liabilities of 
 guardian. 
 
 g 5. Powers and rights. 
 
 Of guardian of incompetent, see Incompe- 
 tent Persons, § 24. 
 Of guardian ad litem, see Infants, § 32. 
 
 Unauthorized transfer of stock on books of 
 
 corporation at request of guardian. 45 
 
 L.R.A.(N.S.) 1080. 
 Change of infant's domicil by guardian. 49 
 
 L.R.A.{N.S.) 869. 
 Consent of guardian to a license for the 
 
 sale of intoxicating liquors. L.R.A. 
 
 1916D, 819. 
 
 g 6. ^ as to commercial paper. 
 
 Circumstances sufficient to put one taking 
 paper from guardian on inquiry. 44 
 L.R.A.(N.S.) 403. 
 
 g 7. — to dispose of or lease ward's 
 property. 
 
 Power to lease infant's lands beyond his 
 minority or the guardianship. L.R.A. 
 1916F, 499. 
 
 g 9. — over actions. 
 
 Guardian's right to maintain statutory 
 action for death of ward. L.E.A.1916E, 
 166. 
 
 g 10. Liabilities. 
 
 Liability on bond, see infra, § 13. 
 
 Personal liability for losses from invest- 
 ments. 44 L.R.A.(N.S.) 873. 
 
 § 10a. Accounting; settlement. 
 
 Settlement between guardian and ward out 
 of court. L.R.A.1916E, 863. 
 Consult also L.R.A. Digests to date. 
 
 GUARDIAN AND WARD, III.— confd. 
 
 Settlement during minority or guard- 
 ianship of ward. L.R.A.1916E, 
 863. 
 
 Settlement after ward becomes of age. 
 L.R.A.1916E, 864. 
 
 Laches and its effect. L.R.A.1916E, 
 869. 
 
 Marriage of ward and its effect. L.R.A. 
 1916E, 871. 
 
 Advice of counsel and its effect. L.R.A. 
 1916E, 871. 
 
 IT. Bonds and liability thereon. 
 
 § 11. Generally. 
 
 Liability of judicial officer for failure to 
 take proper guardian's bond. 44 L.E.A. 
 
 (N.S.) 176. 
 
 g 13. Liability on bond. 
 
 Liability of sureties on general bond of 
 guardian, executor, or adminis- 
 trator, as affected by a special 
 bond. 43 L.E.A. (N.S.) 308. 
 The governing principles. 43 L.E.A. 
 
 (N.S.) 308. 
 Where subject of special bond is gen- 
 eral duty. 43 L.E.A.(N.S.) 
 309. 
 Sale in different capacity or by 
 another. 43 L.E.A. (N.S.) 311. 
 Sale consummated before general 
 bond executed. 43 L.E.A. 
 (N.S.) 312. 
 Under statute giving court dis- 
 cretion to exact special bond. 
 43 L.E.A.(N.S.) 312. 
 Where subject of special bond is not 
 general duty. 43 L.E.A. (N.S.) 334. 
 Limitation of actions against sureties to 
 recover on guardian's bond. 47 
 L.E.A.(N.S.) 460. 
 Statutes of limitations. 47 L.E.A. 
 (N.S.) 460. 
 General statutes. 47 L.R.A. (N.S.) 
 
 460. 
 Special statutes. 47 L.E.A. (N.S.) 
 461. 
 Laches. 47 L.E.A. (N.S.) 462. 
 
 T. Sale or lease by guardian of ward's 
 land. 
 
 g 14. Generally. 
 
 Power of guardian to dispose of ward's 
 
 property, see supra, § 7. 
 Sale or lease of infant's property generally, 
 
 see Infants, § 27. 
 
 Power of court to authorize lease of infant's 
 lands beyond his minority or the guar- 
 dianship. L.R.A.1916F, 500. 
 Estoppel of guardian to deny that he re- 
 ceived the amount stated in his report 
 of a sale. L.R.A.1916A, 639. 
 Applicability of rule caveat emptor to sales 
 by guardian of minors as regards 
 ward's title. L.R.A.1915E, 834. 
 The rule of caveat emptor. L.R.A. 
 1915E, 835. 
 
280 
 
 INDEX TO NOTES. 
 
 GUARDIAN AND WARD, V.— comtU 
 
 Minor not estopped to purchase 
 
 outstanding title. L.K.A. 
 
 1915E, 836. 
 
 Guardian personally bound by 
 
 covenants. L.R.A.1915E, 837. 
 
 Relief of purchasers. L.R.A.1915E, 
 
 837. 
 
 Tl. Action by xvard against guardian. 
 
 § 15. Generally. 
 
 Limitation of actions or suits to compel 
 guardian to account, or to recover 
 on his bond. 47 L.R.A.(N.S.) 451. 
 Actions or proceedings against princi- 
 pal. 47 L.R.A.{N.S.) 451. 
 In law courts. 47 L.E.A. (N.S.) 
 
 451. 
 In equity or probate courts. 47 
 L.E.A.(N.S.) 451. 
 Statute of limitation. 47 
 L.R.A.(N.S.) 451. 
 General statutes. 47 
 
 L.E.A.(N.S.) 451. 
 Special statutes. 47 
 L.R.A.(N.S.) 456. 
 Statutes of nonclaim. 47 
 
 L.R.A.(N.S.) 457. 
 Doctrine of laches. 47 L.R.A. 
 (N.S.) 457. 
 Reasonable excuse. 47 
 L.R.A.(N.S.) 459. 
 
 GUARDS. 
 
 On dangerous machinery, see Masteb and 
 Sebvant, § 90. 
 
 GUESTS. 
 
 Liability for injury to guest in automobile, 
 
 see Automobiles, § 8. 
 At inn or hotel, see Innkeepers. 
 Liability of landlord for injury to guest of 
 
 tenant, see Landlord and Tenant, § 72. 
 
 Imputing negligence of driver to. L.R.A. 
 1915A, 763. 
 
 Responsibility of guest for injury to third 
 person through negligence of person 
 driving automobile. L.R.A.1915E, 439. 
 
 GUNS. 
 
 GUILT. 
 
 Plea of, Bee Criminal Law, § 56. 
 
 See FiBGABMS. 
 
 GUTTERS. 
 
 Open gutter as defect rendering public lia- 
 ble for injurv to traveler. L.R.A.1916F, 
 708. 
 
 HABEAS CORPUS. 
 
 § 1. Generally. 
 
 Absence from jurisdiction of person to 
 whom writ of habeas corpus is direct- 
 ed as affecting court's authority to is- 
 sue writ. 4 B. E. C. 810. 
 
 § 3. 'Who may demand. 
 
 Right of alien enemy to. 5 B. R. C. 600 
 
 § 4. Scope of writ; questions consid- 
 ered. 
 
 To review excessive sentence. 51 L.R.A. 
 (N.S.) 374. 
 
 § 6. Grounds for discharge on. 
 
 Discharge on habeas corpus for excessive 
 sentence. 51 L.R.A. (N.S.) 373. 
 
 Habeas corpus because of defective verdict. 
 L.R.A.1916F, 967. 
 
 Right of one .restrained as insane person to 
 discharge upon ground of irregularity 
 or invalidity of commitment. 44 
 L.R.A. (N.S.) 389. 
 
 g 7. Procedure; judgment. 
 
 Conclusiveness of judgment as to custody 
 of infant, see JtTDGMENT, § 26. 
 
 § 8. Suspension of w^rit. 
 
 Continuance of constitutional guaranties 
 during war or insurrection. 45 L.R.A. 
 (N.S.) 996. 
 
 HABITS. 
 
 See Custom and Usage. 
 
 HABITUAL CRIMINALS. 
 
 Punishment of, see Criminal Law, § 83. 
 
 I 
 
 GUILTY. 
 
 Plea of, see Criminal Law, § 56. 
 
 HABITUAL DRUNKARD. 
 
 As to drunkenness generally, see Dbunkew- 
 
 ness. 
 
 Begin with this hooli on every law question. 
 
INDEX TO NOTES. 
 
 281 
 
 HACKS. 
 
 § 1. Generally. 
 
 Cartmen, see Cartmen and Teamsters. 
 
 Cab, or other vehicle used for transporta- 
 tion of passengers for liire, as exempt 
 property. 4 B. E. C. 478. 
 
 § 2. Use of street for hack stands. 
 
 Effect of discrimination by municipality in 
 designating standing places for cabs 
 and other similar vehicles. L.R.A. 
 1915F, 726. 
 
 § 3. Discrimination by carriers as to. 
 
 Right to discriminate as to hackmen at de- 
 pots, wharves, etc. L.E.A.1915B, 358. 
 
 HAIR. 
 
 Master's duty to guard against employee's 
 hair being caught in machinery. 48 
 L.R.A. (N.S.) 834. 
 
 HALF BLOOD. 
 
 Inheritance by heirs of the half blood, see 
 Descent and Distribution, § 3. 
 
 HAIiWAYS. 
 
 Liability of landlord for personal injury 
 by defect in, to member of lessee's fam- 
 ily other than wife. L.R.A.1916F, 
 
 liei. 
 
 Landlord's liability for Injury to tenant's 
 servant in common hallway. L.R.A. 
 ini6F, 1145. 
 
 HAMMERS. 
 
 Master's liability for injury by defects in. 
 51 L.E.A.(^f.S.) 337. 
 
 HAND BAGGAGE. 
 
 Liability of carrier for injury to passenger 
 from baggage or parcels in aisle of car. 
 43 L.R.A.(N.S.) 1050. 
 
 HAND CABS. 
 
 Hand car as a car within statute or ordi- 
 nance. L.R.A.1915A, 817. 
 
 Liability of master where servant invites or 
 permits children to ride on. L.R.A. 
 1915E, 893. 
 Consult also L.R.A. Digests to date. 
 
 HAND CARS— cont'd. 
 
 As railroad hazard within statute changing 
 
 fellow-servant rule. 47 L.R.A. (N.S.) 
 
 116. 
 
 4 » » 
 
 HARBOR. 
 
 As to wharves, see Wharves. 
 ■> » » 
 
 HARBORING. 
 
 Civil action for harboring child who has 
 left parent. 45 L.R.A. (N.S.) 871. 
 
 Provisions of congressional "white slave 
 traffic act" as to harboring female. 
 L.R.A.1915A, 869. 
 
 HARMLESS ERROR. 
 
 See Appeal and Error, VIII. b. 
 
 HATCHTVAYS. 
 
 Duty of storekeeper toward customer as to 
 condition of. L.R.A.1915F, 572. 
 
 HEADLIGHTS. 
 
 Liability for injuries to one blinded by 
 headlight. 48 L.R.A.(N.S.) 827. 
 
 Private action against railroad for viola- 
 tion of statutory duty as to. L.R.A. 
 1915E, 538. 
 
 HEADS OF FAMILIES. 
 
 Within provision for homestead exemption, 
 see Homestead, § 3. 
 
 HEALTH. 
 
 I. In general, §§ 1—4. 
 III. Protection of health, §§ 6—10. 
 IT. Nuisances affecting, § 11. 
 
 I. In general. 
 
 g 1. Generally. 
 
 Of live stock, see Animals, § 17. 
 Constitutionality of statutes as to, see Con- 
 stitutional Law, § 75. 
 Of insured, see Insurance, V. h, 2 (b). 
 
 Effect of previous condition of, on recovery 
 from one negligently causing personal 
 injury. 48 L.R.A. (N.S.) 119. 
 
282 
 
 INDEX TO NOTES. 
 
 HEALTH, 1.— cont'd. 
 
 Admissibility of evidence as to health of 
 members of deceased's family in action 
 for his death. 49 L.R.A.(N.S.) 737. 
 
 § 4. Municipal liability as to. 
 
 Liability for throwing garbage on surface. 
 L.R.A.19150, 747. 
 
 III. Protection of health, 
 
 § 8. Regulations to protect. 
 
 Power of municipality as to, generally, see 
 Municipal Corpoeations, §§ 33, 41. 
 
 Constitutionality of laws prohibiting carry- 
 ing on of employments or occupations 
 upon certain premises. 44 L.K.A. 
 (N.S.) 46. 
 
 Consideration of extrinsic evidence to show 
 unconstitutionalitv of health statute. 
 L.II.A.1915D, 458." 
 
 Power of municipal corporation to grant 
 exclusive right or create monopoly for 
 removal of substances inimical to 
 health. L.R.A.1915D, 209. 
 
 Sanitary regulations as to stables. 45 
 L.E.A.(N.S.) 575. 
 
 Power to prohibit or restrict use of tobacco. 
 
 51 L.R.A.(N.S.) 562. 
 
 Requiring certificate of freedom from ve- 
 nereal disease, as condition to marriage. 
 
 52 L.R.A.(N.S.) 778. 
 
 Validity and construction of statutory regu- 
 lations as to infected cattle. 43 L.R.A. 
 (N.S.) 1066. 
 
 Validity of statutes or ordinances for exter- 
 mination of vermin. L.R.A.1916A, 
 1239. 
 
 § 9. — quarantine regulations. 
 
 Responsibility for violation of quarantine 
 by children or others under one's con- 
 trol. 45 L.R.A.(N.S.) 580. 
 
 § 10. — vaccination. 
 
 Of pupils, see Schools, § 8. 
 
 Liability of public for injuries to health 
 from compulsory vaccination. L.R.A. 
 1916B, 918. 
 
 IV. Nuisances affecting. 
 
 § 11. Nuisances injurious to. 
 
 See Municipal Coepobations, § 41; Nui- 
 sances. 
 
 HEABING. 
 
 Necessity of, to constitute due process, see 
 Constiiutional Law, § 155. 
 
 •-•-♦ ■ 
 
 HEART DISEASE. 
 
 As element of damages for negligent injury. 
 48 L.R.A.(N.S.) 101. 
 
 HEARSAY EVIDENCE. 
 
 HEAT. 
 
 § 1. Generally. 
 
 Assumption by servant of danger of heat 
 prostration. L.R.A.1915E, 613. 
 
 § Z. Duty and liability as to furnish- 
 ing. 
 
 Carrier's duty as to heating cars, see Cab- 
 
 BIEES, § 42. 
 
 Eviction of tenant by failure to furnish 
 heat. L.R.A.1916E, 742. 
 
 HEATING CARS. 
 
 Duty of carrier as to, see Caebibes, § 42. 
 
 ♦ ■ » 
 
 HEAT OF PASSION. 
 Homicide in, see Homicide, § 32. 
 
 ♦-•-♦ 
 
 HEIRS. 
 
 § 1. Generally. 
 
 Beneficiaries and parties plaintiff to action 
 for death under statute providing for 
 action for benefit of heirs. L.R.A. 
 1916E, 118. 
 
 § 2. "Who are. 
 
 Meaning of term "natural heirs." 45 
 L.R.A.(N.S.) 1163. 
 
 Extrinsic evidence to identify person in- 
 tended by testator using term. 47 
 L.R.A. (N.S.) 533. 
 
 Recital in deed as evidence of heirship. 45 
 L.R.A. {N.S.) 93. 
 
 § 4. Rights and ponrers of. 
 
 Rights of, in estate of ancestor, see Descent 
 
 AND DiSTKIBUTION ; EXECUTORS AND AD- 
 MINISTBATOES ; WILLS. 
 
 Right of heirs to protection of recording 
 acts as against acts or conveyances of 
 ancestor. 43 L.R.A. (N.S.) 1144. 
 
 § 6. Rights of third persons as 
 against. 
 
 Right of dower as against heirs in land 
 subject to purchase money mortgage or 
 vendor's lien. 52 L.R.A. (N.S.) 547, 
 557. 
 
 § 8. ^abilities of. 
 
 I Liabilities of heirs to creditors of ancestor 
 See Evidence, XL see Descent and Distribution, § 12. 
 
 Begin with this boolc on every law question. 
 
INDEX TO NOTES. 
 
 283 
 
 HELPLESS PERSONS. 
 
 Carrier's duty toward helpless passengers, 
 see Cabkiebs, § 39. 
 
 HERBAGE. 
 
 Right of railroad company to herbage on 
 right of way. 45 L.R.A.(N.S.) 798. 
 
 HERNIA. 
 
 Recovery for, under workmen's compensa- 
 tion act. L.R.A.1916A, 303. 
 
 HIGHWAYS. 
 
 I. In general, § 1. 
 III. Establishment; width, §§ 4— 8a. 
 IV. Title; control; use; obstruction; 
 encroachment, §§ 9—4:6. 
 c. Rights and title of abutting 
 
 owner, §§ 11—14:. 
 A. Uses; ivhat allowed in street 
 generally, §§ 15-35. 
 1. In general, §§ 15, 16. 
 8. Use by public generally, 
 
 §§ 17-30. 
 3. Use by public service 
 corporations generally ; 
 street franchises, §§ 
 21-25. 
 
 e. Use and obstruction by rail- 
 
 roads, §§ 26—32. 
 
 f. Obstructions generally; en- 
 
 croachments, §§ 33—39. 
 
 g. Nuisances, §§ 40, 41. 
 
 h. Rights as to trees and ma- 
 terial in street, §§ 42—44. 
 
 i. Rights and regulations as to 
 vehicles, §§ 45, 46. 
 V. Improvement; repairs; grading; 
 change of grade; lighting; 
 removal of snow and ice, 
 §§ 47-56. 
 
 a. In general, §§ 47—49. 
 
 b. Grading street, §§ 50, 51. 
 
 c. Change of grade, §§ 52, 53. 
 
 d. Lighting of streets and 
 
 bridges, §§ 54, 55. 
 
 e. Removal of snow, ice, weeds, 
 
 etc., 56. 
 YI. Liability for injuries to travelers, 
 §§ 56a^l07. 
 a. In general, §§ 56a, 56b. 
 2). Liability of municipality, §§ 
 57-77. 
 
 1. In general, §§ 57, 58. 
 
 2. Who entitled to protec- 
 
 tion, §§ 59, 59a. 
 8. For acts and omissions 
 
 of others, §§ 60—64. 
 4. Defects and obstructions, 
 
 §§ 65-7 5a. 
 Consult also L.R.A. Digests to date. 
 
 HIGHWAYS, VI. h— cont'd. 
 
 5. For permitting or failure 
 to prevent improper 
 use, §§ 76, 77. 
 
 c. Liability of county, § 78. 
 
 d. Liability of township, § 79. 
 
 e. Liability of abutting owners 
 
 or occupants, §§ 80—84. 
 
 f. Liability of landlord, §§ 85, 
 
 86. 
 
 g. Liability of highway officers, 
 
 § 87. 
 
 h. Liability of railroads, § 88. 
 
 i. Liability of street railways, 
 §§ 89-91. 
 
 j. Liability of contractors, § 92. 
 
 I. Joint liability of municipal- 
 ity and others; liability 
 over, §§ 94, 95. 
 
 m. Contributory negligence, §§ 
 96-101. 
 
 n. Notice, §§ 102-107. 
 
 1. Of defects, § 102-105. 
 
 2. Of injuries, §§ 106— 
 
 107. 
 Till. Discontinuance; vacation; aban- 
 donment; reversion, §§ 109— 
 113. 
 IX. Highway officers, § 114. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Access to, see Access, § 1. 
 
 As to bridges, see Bridges. 
 
 Constitutionality of statute as to, see Con- 
 stitutional Law, § 76. 
 
 Private ways or easements, see Easements. 
 
 Injunction as to, see Injunction, §§ 64, 65. 
 
 Power of municipality with respect to, 
 generally, see /Municipal Cobpoeations, 
 § 27. 
 
 Parties plaintiff in actions affecting, see 
 Paeties, § 4. 
 
 Crossing of highway by railroad, see Rail- 
 EOADS, § 31. 
 
 Existence of public highway across land at 
 time of conveyance as breach of cove- 
 nants. 48 L.R.A.(N.S.) 619. 
 
 Condemnation of, for school purposes. 48 
 L.E.A.(N.S.) 489. 
 
 Duty as to highway crossed by ditch con- 
 structed by drainage district. 43 
 L.R.A. (N.S.) 695. 
 
 Estoppel of municipality to open or use 
 streets. 46 L.R.A. (N.S.) 1211. 
 
 Is ordinance requiring covering of side- 
 wallc where building is in process of 
 construction for benefit of servants. 
 45 L.R.A.(N.S.) 550. 
 
 Tax or assessment for public improvement 
 on. 44 L.R.A. (N.S.) 836. 
 
 Use for highway purposes of squares, parks, 
 or commons as a diversion. 50 L.R.A. 
 (N.S.) 465. 
 
 Street cleaning as a governmental function. 
 L.R.A.1915C, 741. 
 
 ///. Establishment ; width. 
 
 § 4. Establishment generally. 
 
 Dedication foi' highway, see Dedication. 
 
284 
 
 INDEX TO NOTES. 
 
 HIGHWAYS, in.— cont'd. 
 
 Use of squares, parks, or commons for 
 highways as a diversion. 50 L.R.A. 
 (N.S.) 465. 
 
 § 5. Acquiring by prescription. 
 
 Acquisition by prescription of right to visit 
 object of interest on private property, 
 or to resort thereto for purposes of 
 pleasure. 4 B. R. C. 889. 
 
 § 7. Laying out across railroad. 
 
 Duty of railroad to conform crossing to 
 change of grade of street. L.R.A. 
 1915B, 766. 
 
 IV. 
 
 litle; control; use; ohstruction; 
 encroachment. 
 
 c. nights and title of ahutting owner. 
 
 § 11. Generally. 
 
 Rights and liabilities of a railroad in high- 
 way as against abutting owner, see 
 infra, § 27. 
 
 Rights as to trees and material, see infra, 
 § 42. 
 
 Liability to abutting, owner for damages 
 from grading street, see infra, § 51. 
 
 Liability to abutting owner for damage 
 from change of grade, set infra, § 53. 
 
 Liability of a municipality for temporary 
 interference with access to property in 
 making improvements. 46 L.R.A. 
 (N.S.) 620. 
 
 § 13. Uses permitted to abutting 
 onrners. 
 
 As to awnings, signs, etc., see infra, § 19a. 
 
 In general. 49 L.R.A. (N.S.) 844. 
 
 Right of fee owner to lay pipes or make 
 
 other underground use of highway. 52 
 
 L.R.A.(N.S.) 1038. 
 
 § 14. — vaults; areavrays, etc. 
 
 Municipal liability for injury due to, see 
 infra, §§ 62, 69. 
 
 Power of a municipality to require the re- 
 moval of vaults in street. L.R.A. 
 1915F, 1009. 
 
 d. Uses; what allowed in street gen- 
 
 erally. 
 
 1. In general. , 
 
 § 15. Generally. 
 
 Use, of, by abutting owner, see supra, §§ 13, 
 14. 
 
 Municipal liability for injury to traveler 
 by permitting or failing to prevent im- 
 proper use, see infra, §§ 76, 77. 
 
 Incorporation of territory into municipality 
 as affecting prior rights as to use of 
 highway. 47 L.R.A. (N.S.) 607. 
 
 Power to permit tunnel or passageway un- 
 der street for private purposes. L.R.A. 
 1915F, 937. 
 
 HIGHWAYS, IV. d. X— cont'd. 
 
 3. Use hy public generally. 
 
 § 17. Generally. 
 
 Regulation of automobiles in, see Automo- 
 biles, § 1. 
 Use of jitney buses on, see Jitney Buses. 
 
 Forbidding or restricting teaming on cer- 
 tain public ways. 51 L.R.A. (N.S.) 
 1203. 
 
 § IS. Prohibition against loitering or 
 assembling in. 
 
 Power of municipality to prevent gathering 
 or assembling of persons in street or 
 on sidewalk. 52 L.R.A. (N.S.) 999. 
 
 § 19a. Overhanging objects; awnings; 
 signs; billboards. 
 
 Municipal liability for injury to traveler by, 
 see infra, § 68. 
 
 Special damage from awning or structure 
 overhanging street, which will sustain 
 action by private person to abate or 
 enjoin it as a nuisance. 48 L.R.A. 
 (N.S.) 173. 
 
 Power of municipal corporations to compel 
 removal of awnings or signs encroach- 
 ing on streets. L.R.A.1916C, 564. 
 
 3. Use hy public service corporations 
 generally; street franchises. 
 
 §21. Generally. 
 
 Measure of damage to abutting owner for 
 additional burden in highway, see Dam- 
 ages, § 89. 
 
 What constitutes an additional burden or 
 servitude on highway, see Eminent Do- 
 main, V. 
 
 As to street railways, see Street Railways, 
 § 3. 
 
 Right to exact additional compensation 
 when extending street franchise to cov- 
 er additional purposes. L.R.A.1915E, 
 165. 
 
 § 22. Gas pipes in street. 
 
 Incorporation of territory into municipality 
 as affecting prior rights to lay gas 
 pipes in. 47 L.R.A. (N.S.) 608. 
 
 § 23. Water pipes. 
 
 Right to lay pipes in streets as element of 
 compensation to water company upon 
 taking its plant. 47 L.R.A. (N.S.) 784. 
 
 Incorporation of territory into municipality 
 ■ as affecting prior rights to lay water 
 pipes in. 47 L.R.A. (N.S.) 60S. 
 
 § 24. Electric poles and wires; tele- 
 graphs and telephones. 
 
 Injury to trees in erecting, see infra, § 42. 
 As additional burden, see Eminent Domain, 
 § 56. 
 
 Incorporation of territory into municipality 
 as affecting prior rights to maintain 
 poles and wires in. 47 L.R.A. (N.S.) 
 608. 
 
 Begin with this book on every law question. 
 
INDEX TO NOTES. 
 
 28E 
 
 HIGHWAYS, IV. d, 3— cont'd. 
 
 Eight to place overhead wires in highway 
 without grant or permisaion from pub- 
 lic authority. 43 L.R.A.(N.S.) 1033. 
 
 e. Use and obstruction hy railroads, 
 
 § 26. Generally. 
 
 Laying out highway across railroad, see 
 supra, § 7. 
 
 Liability for injury due to defects at cross- 
 ing, see infra, § 88. 
 
 Railroad as additional burden, see Eminent 
 Domain, § 57. 
 
 Liability of right of way for local assess- 
 ments, see Public Improvements, § 21. 
 
 As to street railways, see Street Railways, 
 § 3. 
 
 Incorporation of territory into municipality 
 as affecting prior rights as to use of, 
 by railroads and street railways. 47 
 L.R.A.(N.S.) 608. 
 
 •Power of municipality to assume part or 
 all of burden of adapting street or 
 bridges for use of railroads or street 
 railways. 50 L.R.A.(N.S.) 143. 
 
 Criminal or penal responsibility for block- 
 ing crossing. L.R.A.1915B, 329. 
 
 :§ 27. Rights and liabilities as against 
 abutting ovpner. 
 
 Eight to compensation for construction of 
 railway in street, see Eminent Domain, 
 § 50. 
 
 Liability of successor of railroad company 
 for damages to abutting property from 
 construction of road in street. L.R.A. 
 1915D, 397. 
 
 § 30. Requirements at crossings. 
 
 Rights and duties of railroads as to cross- 
 ings generally, see Railroads, VII. a, 5. 
 
 Power of municipality to require safety 
 gates at railroad crossing. 45 L.R.A. 
 (N.S.) 946. 
 
 § 32. Obstruction of crossing by 
 train. 
 
 Injury to person resulting from obstruc- 
 tion of crossing by train, see Rail- 
 roads, § 62. 
 Contributory negligence in attempting to 
 cross train obstructing crossing, see 
 Railroads, § 82. 
 
 Criminal or penal responsibility for block- 
 ing street or highway railroad cross- 
 ing. L.R.A.1915B, 329. 
 Eii'ect of existence of other available 
 
 remedies. L.E.A.1915B, 331. 
 Who liable. L.R.A.1915B, 332. 
 
 Liability of railroad company in 
 the hands of a receiver. 
 L.R.A.1915B, 332. 
 Liability of receiver in control of 
 railroad company. L.R.A. 
 1915B, 332. 
 Facts constituting offense. L.R.A. 
 1915B, 332. 
 Nature of obstruction. L.R.A. 
 1935B, 333. 
 Consult also L.R.A. Digests to date. 
 
 HIGHWAYS, IV. e— cont'd. 
 
 Duration of obstruction. L.R.A. 
 
 1915B, 334. 
 Necessity for presence of persons 
 desiring to cross. L.R.A. 
 1915B, 334. 
 Character of way obstructed. 
 
 L.R.A.iaiSB, 335. 
 Number of offenses. L.R.A.1915B, 
 335. 
 Defenses. L.R.A.1915B,' 335. 
 
 Accident. L.R.A.1915B, 335. 
 Temporary necessity. L.R.A. 
 
 1915B, 335. 
 Violation of instructions by em- 
 ployees. L.R.A.1915B, 336. 
 Public acquiescence. L.R.A.1915B, 
 336. 
 Obstruction of, by railroad train in viola- 
 tion of statute or ordinance as ground 
 for private action. 47 L.R.A. (N.S.) 
 821. 
 Damages recoverable for delaying person 
 by blocking railroad crossing. 44 
 L.R.A.(N.S.) 1069; L.R.A.1915E, 336. 
 
 /. Ohstructions generally; encroach- 
 ments. 
 
 § 33. Glenerally. 
 
 By railroads, see supra, IV. e. 
 
 Municipal liability for injury by, see Infra, 
 VI. b, 4. 
 
 Municipal liability for permitting obstruc- 
 tions, see infra, § 77. 
 
 Does the fact that one is prevented by an 
 unlawful obstruction from using a 
 highway cause him a special damage 
 which will sustain an action by him 
 against the wrongdoer. L.R.A.i915D, 
 142. 
 
 Liability of municipality for temporary 
 interference with access to property in 
 making improvements. 46 L.R.A. 
 (N.S.) 620. 
 
 g. Nuisances. 
 
 § 40. Generally. 
 
 Power of municipality as to nuisances af- 
 fecting highways, see Municipal Cor- 
 porations, § 36. 
 
 Special damage from awning or structure 
 overhanging street which will sustain 
 action by private person to abate or 
 enjoy it as a nuisance. 48 L.R.A. 
 (N.S. )173. 
 
 Regulation of jitney buses as. L.R.A.1915F, 
 840. 
 
 Power to prohibit use of automobile upon 
 public thoroughfare as. L.R.A.1915E, 
 264. 
 
 ft. Rights as to trees and material in 
 street. 
 
 § 42. Trees. 
 
 Liability to abutting owner for mutilating 
 trees in highway by erecting poles or 
 stringing wires. 51 L.R.A. (N.S.) 1082. 
 
280 
 
 INDEX TO NOTES. 
 
 HIGHWAYS, lY.— cont'd. 
 
 i. Rights and regulations as to vehicles. 
 
 § 45. Generally. 
 
 License for vehicles, see License, § 43. 
 
 Regulation of draymen. 45 L.E.A. (N.S.) 
 
 1152. 
 Validity of ordinance giving superior rights 
 
 in public streets to certain vehicles. 
 
 43 L.R.A.(N.S.) 600. 
 
 V. Improvement; repairs; grading; 
 change of grade; lighting; removal 
 of snoxv and ice. 
 
 a. In general, 
 
 § 47. Generally. 
 
 Rights as to trees in improvement of 
 streets, see supra, § 42. 
 
 Liability for personal injury while improv- 
 ing or repairing street or highway, see 
 infra, VI. 
 
 Improvement of highways generally, see 
 Public Impkovemenis. 
 
 Liability of municipality for temporarily 
 interfering with access to property in 
 making improvements. 46 L.E.A. 
 (N.S.) 620. 
 
 Duty to set apart portion of street or high- 
 way for a sidewalk. L.RA.1916B, 1051. 
 
 Eight of owner to material employed in aji 
 improvement made by him in the street 
 ■which the municipality has refused to 
 accept. L.R.A.1915B, 187. 
 
 6. Grading street. 
 
 § 51. Liability to abutting owner. 
 
 Grading street formerly used as a country 
 highway as initial establishment of 
 grade within rule as to municipal lia- 
 bility for changing grade. 51 L.R.A. 
 (N.S.) 363. 
 
 Municipal liability for injury to abutting 
 property for bringing street to grade 
 first established under constitutional 
 provision against "damaging" private 
 property for public use without com- 
 pensation. L.R.A.1915A, 383. 
 
 c. Change of grade. 
 
 % 52. Generally. 
 
 Duty of railroad to conform crossing to 
 change of grade of street. L.R.A.1915B, 
 766. 
 
 § 53. Liability to abutting oirner. 
 
 Grading street formerly used as . a country 
 highway as initial establishment of 
 grade within rule as to municipal lia- 
 bility for changing grade. 51 L.R.A. 
 (N.S.) 363. 
 Liability of a municipal corporation for 
 injury to abutting property from 
 changing the grade of a street un- 
 der a constituitional provision 
 against "damaging" private prop- 
 erty for public use without com- 
 pensation. L.R.A.1915A, 382. 
 
 HIGHWAYS, V. (^-cont'd. 
 
 Change of grade from one previously 
 
 established. L.R.A.1915A, 383. 
 Initial establishment of a grade. 
 
 L.R.A.1915A, 383. 
 Effect of use at natural surface and 
 improvements with reference to 
 such grade. L.R.A.1915A, 384. 
 Paper grade established before im- 
 provements. L.R.A.1915A, 384. 
 Viaducts, subways, <;tc. L.R.A.1915A, 
 386. 
 Duty of property owner to minimize dam- 
 ages from change of grade. 44 L.R.A. 
 (N.S.) 301. 
 Liability of railroad company to abutting 
 owners for damages from change of 
 grade of highway necessary to carry it 
 across tracks. L.R.A.1916D, 1078. 
 Right of tenant for years to recover from a 
 municipality for change of grade in 
 street. 48 L.R.A. (N.S.) 899. 
 
 d. Lighting of streets and bridges. • 
 
 § 54. Generally. 
 
 As to warning in case of obstruction or ex- 
 cavation in street or highway, see in- 
 fra, § 73. 
 
 Duty of municipality 
 L.R.A.1915A, 325. 
 
 to light streets. 
 
 Begin with this l>ooTc on every law question. 
 
 e. Bem,oval of snow, ice, weeds, etc. 
 
 § 56. Generally. 
 
 Right to impose on abutting owner the 
 duty or expense of removing weeds, 
 snow, ice, etc., in the street or 
 highway. 51 L.R.A.(N.S.) 274. 
 Compelling removal of ice and snow 
 from sidewalks. 51 L.R.A. (N.S. ? 
 275. 
 
 VI. Liability for injuries to travelers. 
 
 a. In general. 
 
 § 56a. Generally. 
 
 Liability for injury by animals on, see Ani- 
 mals, § 10. 
 
 Duty and liability of person operating 
 automobile in street, see Automobiles, 
 § 2. 
 
 Liability for injury by electric wires, see 
 Electricity, III. a. 
 
 Presumption and burden of proof as to 
 negligence towards person injured on, 
 see Evidence, § 76. 
 
 Evidence as to negligence, see Evidence, 
 § 267. 
 
 Liability for explosion in street, see Ex- 
 plosions AND Explosives, § 4. 
 
 Liability for frightening horse, see Horses, 
 11. 
 
 Attractive nuisance in highway, see Negli- 
 gence, § 23. 
 
 Personal injuries on highways not due to 
 defects or obstructions therein, see 
 Negligence, I. b, 4. 
 
 Proximate cause of injury on highway, see 
 Proximate Cause, § 13. 
 
INDEX TO NOTES. 
 
 287 
 
 HIGHWAYS, VI. a.— cont'd. 
 Injury at railroad crossing, see Bailboads, 
 VII. a, 5. 
 
 b. Iddbility of municipality. 
 
 1. In general. 
 
 § 57. Generally. 
 
 Liability to abutting owner for Injury to 
 property, see supra, §§ 51, 53. 
 
 Duty as to lighting streets, see supra, § 54. 
 
 Liability of county, see infra, § 78. 
 
 Liability of township, see infra, § 79. 
 
 Recovery over by municipality against per- 
 son primarily liable, see infra, § 95. 
 
 Contributory negligence and its effect, see 
 infra, VI. m. 
 
 Notice of defect or injury as condition of, 
 see infra, VI. n. 
 
 Duty and liability toward person operating 
 automobile in street, see Automobile, 
 
 § 4- 
 Liability for injury by contact with electric 
 
 wire, see Electricity, § 17. 
 Municipal liability as to streets generally, 
 
 see Municipal Corporations, V. g, 5. 
 Proximate cause of injury on highway, see 
 
 Proximate Cause, § 13. 
 
 Duty of municipality as to condition of 
 sidewalk which extends across true 
 street line. 52 L.R.A.(N.S.) 773. 
 
 Liability for loss of life or property at ford. 
 46 L.E.A.(N.S.) 229. 
 
 § 58. Effect of previous fright of 
 horse. 
 
 Proximate cause of injury on defective 
 highway through fright of horse, see 
 Proximate Cause, § 20. 
 
 Liability of municipality for injury to per- 
 son or property of one driving over de- 
 fective highway where his horse is 
 frightened without fault of either par- 
 ty. L.R.A.1915D, 243. 
 
 2. Who entitled to protection. 
 
 § 59a. Children. 
 
 Duty toward children as to obstructions or 
 defects in streets. L.R.A.1916B, 947. 
 
 3. For acts and omissions of others. 
 
 § 61. .Abutting owner. 
 
 Liability for injury by falling objects, see 
 infra, § 68. 
 
 Liability for use permitted to abutting own- 
 er. 49 L.R.A.(N.S.) 844. 
 Liability of municipal corporation for in- 
 jury from opening maintained in side- 
 walk bv abutting owner or occupant. 
 43 L.R.'A.(N.S.) ni6. 
 Liability of- municipality for injuries from 
 material placed in the street by 
 individuals. 46 L.R.A.(N.S.) 330. 
 Material placed in street under an ex- 
 press permit from city. 46 L.R.A. 
 (N.S.) 331. 
 Consult also L.R.A. Digests to date. 
 
 HIGHWAYS, VI. b, 3— cont'd. 
 
 Necessity of notice of condition. 46 
 
 L.R.A.(N.S.) 332. 
 Length of time sufficient to charge 
 
 city with notice. 46 L.R.A. (N.S.) 
 
 332. 
 Contributory negligence. 46 L.R.A. 
 
 (N.S.) 333. 
 
 § 62. — cellarways, stairways, etc. 
 
 Municipal liability for injuries to travelers 
 by cellarway in streets. 43 L.R.A. 
 (N.S.) 1116. 
 
 4. Defects and obstructions. 
 
 § 65. Generally. 
 
 As to obstructions generally, see supra, 
 IV. f. 
 
 Towards whom duty to keep streets free 
 from is due, see supra, § 59a. 
 
 Liability for permitting obstruction by 
 others, see infra, § 77. 
 
 Effect of contributory negligence on liabil- 
 ity, see infra, § 100. 
 
 Notice of, see infra, §§ 103, 104. 
 
 Liability for injury by defects in bridge, 
 see Bridges, §§ 5, 6. 
 
 Res ipsa loquitur in action for injury by 
 
 obstruction. 43 L.R.A. (N.S.) 594. 
 Ways for defects or obstructions in which 
 
 a municipality is liable. L.R.A. 
 
 1915E 597. 
 Generally. ' L.R.A.1915E, 597. 
 The question of title, locality, etc. 
 
 L.R.A.1915E, 597. 
 Opening and improvement of ways. 
 
 L.R.A.1915E, 597. 
 Dedication and acceptance. L.R.A. 
 
 1915E, 598. 
 Improvement, repair, and other acts of 
 
 recognition as affecting. L.R.A. 
 
 1915E, 599. 
 Particular ways and classes of ways. 
 L.E.A.1915E, 601. 
 
 Sidewalks. L.R.A.191oE, 601. 
 
 Bridges. L.R.A.191oE, 602. 
 
 Crossings. L.R.A.191oE, 602. 
 
 Alleys. L.R.A.1913E, 602. 
 
 Park paths. L.R.A.1915E, 602. 
 Streets in annexed territory. L.R.A. 
 
 1915E, 603. 
 Abandonment and closing. L.R.A. 
 
 1915E, 603. 
 
 § 66. Defective plan of street con- 
 struction as distinguished from 
 other defects. 
 
 Negligence with respect to slope or grade 
 of sidewalk. 51 L.R.A. (X.S.) 214. 
 
 § 68. Overhanging and falling ob- 
 jects. 
 
 Right to maintain, see supra, § 19a. 
 Liability of abutting owner, see infra, § 83. 
 
 Res ipsa loquitur in action for injury by. 
 43 L.R.A.(N.S.) 594. 
 
 Liability of municipalitv for injury by fall- 
 ing of sign. 51 L.R.A.(N.S.) 1077. 
 
288 
 
 INDEX TO NOTES. 
 
 HIGHWAYS, VI. b, 4— oo«f d. 
 
 § 69. Use of space under street. 
 
 Liability of abutting owner, see infra, § 82. 
 
 Liability for defective condition. 43 L.R.A. 
 (N.S.) 1116. 
 
 § 70. Escavations; holes and open- 
 ings. 
 
 In sidewalk, see infra, § 75. 
 
 Liability of landlord, see infra, § 86a. 
 
 Liability of municipality permitting ex- 
 cavations to be made in street. 49 
 
 L.R.A.(N.S.) 844. 
 
 § 71. Ice and snow on streets and 
 sideiralks. 
 
 Liability of abutting owners or occupants, 
 
 see infra, § 84. 
 Liability of landlord, see infra, § 86. 
 
 Liability of municipal corporation for in- 
 juries from rough or uneven snow or 
 ice accumulated from natural causes on 
 a street or sidewalk not otherwise de- 
 fective. 45 L.R.A.(N.S.) 75. 
 
 § 72. Various particular defects and 
 obstructions. 
 
 Res ipsa loquitur in action for injury by 
 caving in or sinking of surface of 
 street. 43 L.R.A. (N.S.) 592. 
 
 Obstructions in connection with water 
 works system. 52 L.R.A. (N.S.) 467. 
 
 Open gutter, ditch, or drain in highway as 
 defect rendering public liable for injury 
 to traveler. L.R.A.1916r, 708. 
 
 § 73. Absence or insufficiency of 
 guards, lights and barriers. 
 
 Duty of town or municipality to provide 
 barriers to protect traveler from dan- 
 ger outside of highway. L.R.A.1916F, 
 1218. 
 
 Duty of county or town to maintain bar- 
 riers along rural highways or bridges. 
 L.RA.1915F, 973. 
 
 Liability for injury by giving way of bar- 
 rier in highway when one sat or leaned 
 upon it. L.R.A.1916C, 382. 
 
 § 74. Defects in and obstructions on 
 side\ralk. 
 
 Ice and snow on sidewalks, see supra, § 71. 
 
 Res ipsa loquitur in action for injury by. 
 
 43 L.R.A. (N.S.) 592. 
 Liability of municipality for injuries from 
 
 unevenness in sidewalk or cross 
 
 walk.' 43 L.R.A.(N.S.) 1158; 
 
 L.R.A.1916A, 486. 
 Unevenness or inequality. 43 L.R.A. 
 
 (N.S.) 1158; L.R.A.1916A, 486. 
 Hole or depression. 43 L.R.A. (N.S.) 
 
 1160; L.R.A.1916A, 490. 
 Loose or decayed boards. 43 L.R.A. 
 
 (N.S.) 1163; L.R.A.1916A, 49L 
 
 g 75. — breaks, excavations, and open- 
 ings. 
 
 Liability of landlord, see infra, § 86a. 
 
 Begin with this hoojc on every laio question. 
 
 HIGHWAYS, VI. b, 4— oo»«'d. 
 
 Res ipsa loquitur in action for injury by. 
 
 43 L.R.A.(N.S.) 593. 
 Municipal liability for injury from opening 
 
 maintained in sidewalk by abutting 
 
 owner or occupant. 43 L.R.A. (N.S.) 
 
 1116. 
 Liability of municipality for injuries from 
 
 unevenness in sidewalk or crosswalk. 
 
 43 L.R.A.(N.S.) 1158. 
 
 5. For permitting or failure to prevent 
 improper use. 
 
 § 76. Generally. 
 
 Municipal liability for personal injury on 
 account of exhibition permitted ia 
 public street. L.R.A.1915F, 568. 
 
 § 77. — for permitting obstruction. 
 
 Liability of municipal corporation for per- 
 mitting obstructions to be placed in 
 
 street. 49 L.R.A. (N.S.) 844. 
 
 c. Liability of county. 
 
 § 78. Generally. 
 
 Duty of county or town to maintain barri- 
 ers along rural highway or bridges. 
 
 L.R.A.1915F, 973. 
 In general. L.R.A.1915F, 973. 
 Accidents not reasonably to be antic- 
 ipated. L.R.A.1915F, 974. 
 Unguarded highways. L.R.A.1915E, 
 
 974. 
 Unguarded bridges. L.R.A.1915F, 975. 
 Unguarded approaches to ' bridges. 
 
 L.R.A.1915F, 975. 
 SuflBciency of barriers. L.R.A.1915F, 
 976. 
 
 d. Liability of township. 
 
 § 79. Generally. 
 
 Duty of town to, maintan barriers along 
 
 rural highways or bridges. L.R.A. 
 
 1915F, 973. 
 Duty to provide barriers to protect traveler 
 
 from danger outside of highway. 
 
 L.R.A.1916F, 1218. 
 
 e. Liability of abutting owners or 
 occupants. 
 
 § 80. Generally. 
 
 Liability for frightening horses by paper 
 or other objects likejy to be set in mo- 
 tion by wind. L.R.A.1915D, 617. 
 
 § 82. Excavations under higk^iray. 
 
 Municipal liability, see supra, §§ 69, 75. 
 Liability of landlord, see infra, § 86a. 
 
 § 83. Injury by falling objects. 
 
 Liability of municipality, see supra, § 68. 
 
 Res ipsa loquitur in action for injury by. 
 43 L.R.A. (N.S.) 594. 
 
 § 84. As to sno^ir or ice. 
 
 Liability of municipality, see supra, § 71. 
 Liability of landlord, see infra, § 86.- 
 
INDEX TO NOTES. 
 
 289 
 
 HIGHWAYS, VI. e— cont'd. 
 
 Liability of abutting owner for. injury 
 caused by ice formed from water arti- 
 ficially turned across sidewalk. 51 
 L.E.A.(N.S.) 309. 
 
 f. Liahility of landlord. 
 
 § 85. Generally. 
 
 Liability of landlord to third persons for 
 obstructions on sidewalk. 50 L.R.A. 
 (N.S.) 303. 
 
 Liability of landlord to third persons for 
 injuries by things falling because of 
 condition of leased premises. 50 L.R.A. 
 (N.S.) 312. 
 
 § 86. Snonr and ice. 
 
 Liability of municipality, see supra, § 71. 
 Liability of abutting owner, generally, see 
 . supra, § 84. 
 
 Liability ■ of landlord to third persons on 
 account of. 50 L.R.A. (N.S.) 300. 
 
 § 86a. Coal holes, areaways, or other 
 excavations under or near high- 
 way. 
 
 Liability of municipality, see supra, §§ 69, 
 75. 
 
 Where injury is due to tenant's negligent 
 use. 50 L.R.A.(N.S.) 306. 
 
 Where defect existed at time of demise. 
 50 L.R.A.(N.S.) 307. 
 
 Purchaser of property with existing de- 
 fect. 50 L.R.A.(N.S.) 308. 
 
 Covenant of tenant to repair. 50 L.R.A. 
 (N.S.) 308. 
 
 Assumption by landlord of duty to repair. 
 50 L.R.A.(N.S.) 309. 
 
 Part of premises in control of landlord. 50 
 L.R.A.(N.S.) 309. 
 
 Nuisance per se. 50 L.R.A. (N.S.) 310. 
 
 g. Liability of highway officers. 
 
 § 87. Generally. 
 
 Nature of their office. 52 L.R.A. (N.S.) 
 
 143. 
 Capacity in which they are liable. 52 
 
 L.R.A.(N.S.) 143. 
 Duties required of them. 52 L.R.A. (N.S.) 
 
 143. 
 Ministerial duties. 52 L.R.A. (N.S.) 144; 
 
 L.R.A.1916B, 1186. 
 Foundation of liability. 52 L.R.A. (N.S.) 
 
 144. 
 Principles exempting from liability. 52 
 L.R.A.(N.S.) 145; L.R.A.1916B, 
 1186. 
 Error of judgment. 52 L.R.A. (N.S.) 
 
 145. 
 Matters of discretion. 52 L.R.A. (N.S.) 
 
 145. 
 Necessity of funds. 52 L.R.A. (N.S.) 
 145. 
 Necessity of notice. 52 L.R.A. (N.S.) 146. 
 Principles sustaining liability. 52 L.R.A. 
 
 (N.S.) 146. 
 State decisions. 52 L.R.A. (N.S.) 147; 
 L.R.A.1916B, 1187. 
 Consult also L.K.A. Digests to date. 
 
 HIGHWAYS, VI. g— cont'd. 
 
 For acts of employees. 52 L.R.A. (N.S.) 
 
 151. 
 For acts of predecessors or successors. 52 
 
 L.R.A. (N.S.) 151. 
 Canals. L.R.A.1916B, 1188. 
 
 h. Liability of railroads. 
 
 § 88. Generally. 
 
 Use and obstruction of highway by rail- 
 roads generally, see supra, IV. e. 
 
 Liability for injury by frightening horse, 
 see Horses, § 10. 
 
 Liability for injury by train operated longi- 
 tudinally in street, see Railboads, § 
 52a. 
 
 Liability for injury by train at railroad 
 crossing, see Raileoads, VII. a, 5. 
 
 Liability for injury by train at defective 
 crossing, see Railroads, § 60. 
 
 Defects in roadbed of company operating 
 train or cars longitudinally along pub- 
 lic street. 49 L.R.A. (N.S.) 678. 
 
 Contributory negligence in attempting to 
 use railroad crossing known to be in 
 a dangerous or defective condition. 
 L.R.A.1915C, 813. 
 
 i. Liability of street railways. 
 
 g 89. Generally. 
 
 Liability for injury by frightening horse, 
 
 see HoBSES, § 11. 
 Liability for injury by street car, see Stbeet 
 
 Railways, IV. b, c. 
 
 Res ipsa loquitur in action for injury. 43 
 L.R.A. (N.S.) 599. 
 
 j. Liability of contractors. 
 
 § 92. Generally. 
 
 Liability of highway contractor for danger- 
 ous conditions where municipality, 
 county, or town is not liable. L.R.A. 
 1916A, 1006. 
 
 I. Joint liability of municipality and 
 others; liability over. 
 
 § 95. Recovery over by municipality. 
 
 Right of municipality held liable for in- 
 jury on highway to recover indemnity 
 or contribution from one responsible 
 therefor. L.R.A.1916F, 86. 
 
 m. Contributory negligence, 
 
 § 96. Generally. 
 
 Of person injured otherwise than by, defects, 
 
 see Negligence, II, a, 3. 
 Question for jury as to, see Tkial, § 48. 
 
 Driving blind horse as contributory negli- 
 gence. 48 L.R.A.(N.S.) 141. 
 
 Intoxication amounting to contributory 
 negligence. 47 L.R.A. (N.S.) 737; L.R.A. 
 1916F, 102. 
 
 Violation of statute or ordinance by plain- 
 tiff as precluding recftvery for negli- 
 gence in action by driver or owner of 
 automobile. L.R.A.1915E, 960 
 
 43— '16F. 
 
 19 
 
290 
 
 INDEX TO XOTES. 
 
 HIGHWAYS, VI. m—confd. 
 § 99. Effect of previous knowledge of 
 defect. 
 
 Contributory negligence in attempting to 
 use railroad crossing known to be 
 in a dangerous or defective condi- 
 tion. L.E.A.1915C, 813. 
 
 General rules. L.R.A.1915C, 814. 
 
 Effect of invitation to cross. L.R.A. 
 1915C, 815. 
 
 Choice of routes. L.R.A.1915C, 816. 
 As between different crossings. 
 
 L.II.A.1915C, 816. 
 As between different parts of same 
 crossing. L.R.A.1915C, 819. 
 
 Circumstances in which question is 
 held to be for the jury. L.R.A. 
 1915C, 820. 
 
 Circumstances in which question is 
 held to be for the court. L.R.A. 
 1915C, 822. 
 
 § 100. Effect on municipal liability 
 for defects and obstructions. 
 
 Degree of care required. 48 L.R.A. (N.S.) 
 628. 
 What constitutes reasonable or ordi- 
 nary care. 48 L.R.A.(N.S.) 629. 
 Assumption of good condition. 48 
 
 L.R.A.(N.S.) 630. 
 Care as affected by nature or condition 
 of person or thing injured. 48 
 L.R.A. (N.S.) 631. 
 Observation and avoidance of obstruction or 
 defect. 48 L.R.A. (N.S.) 632. 
 Open and apparent danger. 48 L.R.A. 
 
 (N.S.) 633. 
 Latent and unknown defects. 
 L.R.A. (N.S.) 633. 
 Knowledge of obstruction or defect. 
 L.R.A.(N.S.) 634. 
 Nature and extent of knowledge. 
 
 L.E.A.(N.S.) 636. 
 Duty to avoid obstruction or defect. 
 48 L.R.A.(N.S.) 636. 
 Excuses for failure to observe and avoid 
 defect or obstruction. 48 L.R.A. (N.S.) 
 637. 
 Travel at night. 48 L.R.A. (N.S.) 637. 
 Choice of ways. 48 L.R.A.(N.S.) 638. 
 
 Convenience and availability. 48 
 L.R.A.(N.S.) 638. 
 Leaving traveled track. 48 L.R.A. (N.S.) 
 
 639. 
 Violation of law. 48 L.R.A. (N.S.) 639. 
 Proof and determination. 48 L.R.A. (N.S.) 
 639. 
 Burden of proof. 48 L.R.A. (N.S.) 639. 
 Question for jury. 48 L.R.A. (N.S.) 
 640. 
 Contributory negligence of person injured 
 by materials placed in street by indi- 
 viduals. 46 L.R.A.(N.S.) 333. 
 
 n. Notice. 
 
 1. Of defects, 
 
 % 102. Generally. 
 
 To person injured, see supra, § 99. 
 
 48 
 48 
 
 48 
 
 HIGHWAYS, VI. n, 1— cont'd. 
 § 103. Kecessity of. 
 
 Necessity of notice of condition to make 
 municipality liable for injuries from 
 materials placed in street by indi- 
 viduals. 46 L.R.A.(N.S.) 330. 
 
 § 104, Constructive or implied notice. 
 
 Length of time sufficient to charge city 
 with notice of materials placed in 
 street by individuals. 46 L.R.A. 
 (N.S.) .332. 
 
 2. Of injuries. 
 
 § 106. Generally. 
 
 Notice of injur}' as condition of municipal 
 liability generally, see Municipal Cob- 
 POBATIONS, §§ 104, 105. 
 
 What included in statute or ordinance re- 
 quiring notice or presentation as a con- 
 dition of municipal liability. 50 L.R.A. 
 (N.S.) 182. 
 
 Till. Discontinuance; vacation; aban- 
 donment; reversion. 
 
 g 111. Rights of abutting oivner gen- 
 erally. 
 
 Right of property owner whose access from 
 one direction is shut off or interfered 
 with by closing of adjoining street or 
 portion of street on which he is situ- 
 ated. 52 L.R.A. (N.S.) 889. 
 
 IX. Highway officers. 
 
 § 114. Generally. 
 
 Liability for injury to traveler, see supra, 
 
 § 87. 
 
 Nature of their office. 52 L.R.A. (N.S.) 143. 
 Duties required of them. 52 L.R.A. (N.S. > 
 
 143. 
 Ministerial duties. 52 L.R.A. (N.S.) 144; 
 
 L.R.A.1916B, 1186. 
 
 HILLSIDE. 
 
 Permitting articles to roll down hillside or 
 decline. L.R.A.1915B, 426. 
 
 HIRED VEHICLE. 
 
 Who is responsible for acts of driver of. 
 
 44 L.R.A. (N.S.) 113; 51 L.R.A. (N.S.) 
 
 1164. 
 Duty of master to protect servant from 
 
 material rolling down hillside. 46 
 
 L.R.A.(N.S.) 629. 
 
 HIRITR. 
 
 See Bailment. 
 
 Begin with this boolc on every law question. 
 
HOBBIES. 
 
 As affecting testajnentarv capacity. 
 1915A, 458. 
 
 INDEX TO NOTES. 
 
 HOMESTEAD— co»it'd. 
 
 291 
 
 L.R.A. 
 
 HOISTWAYS. 
 
 Private action for violation of statutory 
 provision as to. L.R.A.1915E, 541. 
 
 Duty of storekeeper toward customer as to 
 condition of. L.R.A.1915r, 572. 
 
 HOLDING CORPORATION. 
 
 Eight of holding corporation to maintain 
 action against its own director for an 
 injury to the subsidiary corporation. 
 L.R.A.1915F, 617. 
 
 HOLDING OVER. 
 
 By tenant, see Landlord and Tenant, § 26. 
 By officer, see Officers, § 18. 
 
 HOLIDAYS. 
 
 Sunday, see Sunday. 
 
 HOLOGRAPHIC WILL. 
 
 See Wills, § 59. 
 
 « ■ » 
 
 HOME. 
 
 What constitutes residence of inmate of 
 charitable or public home entitling liim 
 to privileges of public schools. 51 
 L.R.A.(N.S.) 234. 
 
 Power 
 lie 
 
 HOME ECONOMICS. 
 
 to prescribe teaching of, in pub- 
 schools. 47 L.R.A.(N.S.) 202. 
 
 HOMESTEAD. 
 
 I. In general, § 1. 
 II. The exemption generally, §§ 3—7. 
 
 III. Loss; abandonment, § S. 
 
 IV. Conveyance of, or contract relating 
 
 to, mortgage or other encum- 
 hrance on; partition, §§ 9—16. 
 
 F. Transmission in case of death, §§ 
 17-20. 
 
 Consult also L.R.A. Digests to date. 
 
 I. In general. 
 
 § 1. Generally. 
 
 On public lands, see Public Lands, § IT. 
 
 Succession tax on statutory homestead. 
 
 L.E.A.1916C, 675. 
 Liability of homestead to assessment or lieni 
 
 for local improvement. L.R.A.19L5E,. 
 
 662. 
 Husband's insurable interest in. 45 L.R.A.. 
 
 (N.S.) 1131. 
 
 //. The exemption generally, 
 
 § 2. Generally. 
 
 General direction in will to pay debts as- 
 charging homestead. 44 L.R.A. (N.S.) 
 1177. 
 
 Enforcement of claim for alimony against 
 homestead. 50 L.R.A. (N.S.) 699. 
 
 Effect of nonresidence of family whose headi 
 is a resident. 52 L.R.A. ( N.S. ) , 746> 
 
 Transfer of homestead exemption from one 
 building or tract of land to another. 
 50 L.R.A.(N.S.) 1128. 
 
 § 3. Existence and head of family. 
 
 Wife as head of family within homestead, 
 statute. 51 L.R.A. (N.S.) 1121.. 
 
 ///. Loss; ahandonnienf. 
 
 § 8. Generally. 
 
 Effect of remarriage upon widow's existing' 
 homestead rights. L.R..A..1916A, 
 1000. 
 
 "Widow" as referring to person, and 
 not condition. L.R.A.1916A, 1000. 
 
 Estates "until the death of widow."' 
 L.R,A.1916A, 1001. 
 
 Estate "during widowhood," etc.. 
 L.R.A.1916A, 1001. 
 
 "Until it is otherwise disposed of ac- 
 cording to law." L.R.A.19i6A, 
 1002. 
 
 The question of abandonment. L.R.A. 
 1916A, 1002. 
 
 Texas. L.R.A.1916A, 10O4. 
 
 Miscellaneous. L.R.A.1916A, 1004. 
 
 IV. Conveijance of, or contract relating 
 to, mortgage or other encumbrance 
 on; partition. 
 
 § 10. By hnsband alone. 
 
 After abandonment by wife. 
 551. 
 
 L.R.A. 1915D', 
 
 § 15. Liens as affecting. 
 
 Homestead exemption as against claim for 
 money loaned by third person to 
 pay off existing purchase money 
 obligations. L.R.A.1915E, 875. 
 
 General rule. L.R.A.1915E, 876. 
 
 Rule that money borrowed to pay debt 
 is not purchase money. L.R.A. - 
 I915E, 881. 
 
 Miscellaneous. L.R.A.1915E, 882. 
 
292 
 
 INDEX TO NOTES. 
 
 HOMESTEAD, IV.— cont'd. 
 
 Money decree for permanent alimony or 
 
 separate maintenance as lien on. 
 
 L.R.A.1916B, 652. 
 
 F. Transmission in case of death. 
 
 § 18. Rights of widow. 
 
 Wife as head of family within homestead 
 or exemption laws. 51 L.E.A. (N.S.) 
 1121. 
 
 Eflfect of remarriage upon widow's existing 
 homestead rights. L.R.A.1916A, 1000. 
 
 Woman's right to homestead in estate of 
 second husband, as affected by lier 
 homestead right in estate of first hus- 
 band. L.E.A.1916A, 998. 
 
 HOMICIDE. 
 
 
 III. 
 
 ir. 
 
 In general, §§ 1—4:. 
 Intent ; deliberation ; premedita- 
 tion; malice, §§ 5—7. 
 Nature of act causing death, §§ S— 
 IS. 
 a. In general, §§ 8—13. 
 6. Accident, misadventure, or 
 
 neglect, §§ 14, 15. 
 c. In commission of unlawful act, 
 §§ 16-18. 
 Defenses; provocation; degree, §§ 
 
 19-34:. 
 
 a. In general, §§ 19—26. 
 h. Self-defense, §§ 27-30. 
 c. Degree, §§ 31—34. 
 Punishment, § 35. 
 
 I. In general. 
 
 g 1. Generally. 
 
 Assault with intent to liill, see Assaxtlt and 
 Battery. 
 
 Charge of assault and battery included in 
 prosecution for, see Assault and Bat- 
 tery, § 12. 
 
 Territorial jurisdiction over crime of, sec 
 Courts, § 25. 
 
 .As to responsibility for crime generally, see 
 Criminal Law, III. 
 
 ^Former jeopardy, see Criminal Law, IV. d. 
 
 •Civil liability for, see Death. 
 
 Presumption and burden of proof in prose- 
 cution for, see Evidence, § 116. 
 
 Evidence in prosecution for, generally, see 
 Evidence, § 286. 
 
 Acts and declarations of co-conspirators, 
 see Evidence, § 237. 
 
 Dying declarations, see Evidence, §§ 242, 
 318a. 
 
 Effect of, on right to inherit or otherwise 
 obtain property of murdered person, 
 see Descent and Distribution, § 8. 
 
 Indictment for, see Indictment, etc., § 21. 
 
 ■Procedure on trial for, see Criminal Law, 
 IV. 
 
 Instructions in homicide case, see Trial, 
 
 ; § 68. 
 
 Evidence of declarations of victim of intent 
 to commit suicide. L.R.A.1916B, 821. 
 
 Begin with this Itoole on every law question. 
 
 HOMICIDE, I.— cont'd. 
 
 § 3. Effect of character and reputa- 
 tion of deceased. 
 
 Evidence of character or reputation of de- 
 ceased, see Evidence, § 251. 
 
 § 4. By corporation. 
 
 May a corporation be convicted ot homi- 
 cide. 45 L.E.A.(N.S.) 344. 
 
 //. Intent; deliberation; premedita- 
 tion; malice. 
 
 § 5. Intent. 
 
 In homicide by intoxicated person. 52 
 L,R.A. (N.S.) 230. 
 
 § 6. Deliberation; premeditation. 
 
 In case of homicide in mutual combat. 45 
 
 L.R.A.(N.S.) 648, 649. 
 In homicide by intoxicated person. 52 
 
 L.R.A.(N.S.) 230. 
 
 § 7. Malice. 
 
 In case of homicide in mutual combat. 45 
 L.R.A.(N.S.) 648. 
 
 III. Nature of act causing death, 
 a. In general. 
 
 § 8. Generally. 
 
 Effect of failure to provide medical attend- 
 ance to render one guilty of man- 
 slaughter. 45 L.E.A. ( N.S. ) . 559. 
 Independent, intervening, or concurring 
 cause of death as affecting criminal 
 responsibility. 51 L.R.A. ( N.S. ) 
 877. 
 Predisposing influence. 51 L.E.A. 
 
 (N.S.) 877. 
 Intervening influence. 51 L.E.A. (N.S.) 
 879. 
 Subsequent acts of assailant. 51 
 
 L.E.A.(N.S.) 881. 
 Acts of person wounded. 51 L.R.A. 
 (N.S.) 881. 
 
 § 10. In commission of, or attempt to 
 commit, abortion. 
 
 General and common law rules as to. 49 
 
 L.R.A.(N.S.) 580. 
 Grade or degree of the crime. 49 L.R.A. 
 
 (N.S.) 58L 
 Principal or accomplice. 49 L.E.A. (N.S.) 
 
 S82. 
 Killing of unborn child. 49 L.R.A. (N.S.) 
 
 582. 
 Justification or excuse. 49 L.R.A. (N.S.) 
 
 582. 
 Indictment. 49 L.R.A. (N.S.) 583. 
 
 Negativing exceptions in statute. 49 
 L.R.A.(N.S.) 583. 
 
 § 12. By official action or by officers 
 of justice. 
 
 Liability of peace officer or his bond for 
 shooting a person while attempting to 
 arrest him. 51 L.R.A. (N.S.) 1179. 
 
INDEX TO NOTES. 
 
 293 
 
 HOMICIDE, III. a.— cont'd. » 
 
 § 13. Resulting from injuries by dif- 
 ferent persons acting independ- 
 ently. 
 
 Homicide resulting from injuries by differ- 
 ent persons acting independejitly. 43 
 L.R.A.(N.S.) 410. 
 
 ft. Accident, misadventure, or neglect. 
 
 § 15. Negligent homicide. 
 
 Effect of failure to provide medical attend- 
 ance to render one guilty of man- 
 slaughter. 45 L.R.A.(N.S.) 559. 
 
 Negligence of physician. L.R.A.1915D, 201. 
 
 c. In commission of unlawful act. 
 
 § 16. Generally. 
 
 In commission of, or attempt to commit, 
 abortion, see supra, § 10. 
 
 EiTect of statutory declaration that murder 
 in the commission of felony shall be 
 murder in the first degree upon right 
 of jury to pass upon degree. L.R.A. 
 1916D, 610. 
 Homicide in commission of misd meanor 
 with dangerous weapons. 45 L.R.A. 
 (N.S.) 219. 
 Homicide in mutual combat voluntarily and 
 
 willingly entered into. 45 L.R.A. 
 
 (N.S.) 646. 
 Right to set up self-defense. 45 L.R.A. 
 
 (N.S.) 646. 
 Deliberate and malicious killing. 45 
 
 L.R.A.(N.S.) 648. 
 Combat without premeditated malice or 
 
 dangerous weapons. 45 L.R.A. 
 
 (N.S.) 649. 
 Killing in hot blood. 45 L.R.A. (N.S.) 
 
 650. 
 Effect of taking undue advantage. 45 
 
 L.R.A. (N.S.) 651. 
 
 § 18. In carrying out unlawful con- 
 spiracy. 
 
 Responsibility of one assisting in robbery 
 during which his companion commits 
 murder. 45 L.R.A. (N.S.) 55. 
 
 IV. Defenses; provocation; degree, 
 a. In general. 
 
 § 19. Generally. 
 
 As to responsibility for crime generally, see 
 Chiminal Law, III. 
 
 Justifiable homicide in commission of, or 
 attempt to commit, abortion. 49 L.R.A. 
 (N.S.) 582. 
 
 § 22. Intoxication. 
 
 As excuse for crime generally, see Criminal 
 Law, § 10. 
 
 Drunkenness as defense to homicide. 52 
 L.R.A.(N.S.) 230. 
 
 HOMICIDE, IV. a.— cont'd. 
 
 % 25. Effect of negligence or lack of 
 
 skill in treatment or care of 
 
 uround. 
 
 Criminal responsibility of one who inflicts 
 a wound on another, resulting in the 
 latter's death, as affected by negligence 
 or lack of skill in treatment or care of 
 wound. L.R.A.1915F, 608. 
 
 § 26. Defense of another. 
 
 Homicide in defense of family and re- 
 lations. 45 L.R.A.(N.S.) 145. 
 
 § 26a. Defense of dwelling. 
 
 Homicide to prevent entrance of dwelling. 
 45 L.R.A.(N.S.) 71. 
 
 6. Self-defense. 
 
 § 27. Generally. 
 
 Admissibility of evidence of turbulent and 
 dangerous character of victim of homi- 
 cide on issue of self-defense. L.R.A^ 
 1916A, 1245. 
 
 Right to set up self-defense in case of 
 homicide in mutual combat. 45 L.R.A. 
 (N.S.) 646. 
 
 Right of self-defense against attack due to 
 defendant's illicit relations with wife 
 or other relative of assailant. 46 
 L.R.A,(N.S.) 13. 
 
 § 28. Self-defense set up by accused 
 vrko began the conflict. 
 
 Question of withdrawal as affecting right 
 of aggressor to rely on self-defense. 
 L.R.A.1915F, 656. 
 
 § 29. — duty to retreat. 
 
 Question of withdrawal by accused who be- 
 gan conflict. L.R.A.1915F, 656. 
 
 c. Degree. 
 
 § 32. Heat of passion which will 
 mitigate or reduce degree. 
 
 Killing in hot blood in case of homicide in 
 mutual combat. 45 L.R.A. (N.S.) 650. 
 
 § 33. Question for jury, as to. 
 
 See Trial, § 55. 
 
 § 34. Conviction of lower or different 
 degree. 
 
 Conviction of lower or different degree in 
 prosecution for homicide. 43 L.R.A. 
 (N.S.) 813. 
 
 F. Punishtnent. 
 
 § 35. Generally. 
 
 (j'ruel and unusual punishment for. 
 19150, 509. 
 
 L.R.A. 
 
 HOP AI.E. 
 
 § 23. To prevent criminal or unlaw- 
 ful acts. I 
 
 Homicide to prevent one from taking a Judicial notice of intoxicating character 
 child. L.II.A.1915A, 73. of. 48 L.R.A. (N.S.) 316. 
 
 Consult also L.R.A. Digests to date. 
 
294 
 
 INDEX TO NOTEb. 
 
 HOPE. 
 
 Voluntariness of confession induced by. 50 
 L.R.A.(N.S.) 1086. 
 
 HORSE RACE. 
 
 Liability of proprietor for injury to patron. 
 L.E.A.1915F, 690. 
 
 HORSES. 
 
 T. In general, §§ 1—6. 
 II. I'right of; running away; injuries 
 due to, §§ 7-14:. 
 
 I. In general. 
 
 § 1. Generally. 
 
 As to animals generally, See Animals. 
 
 Liability of bailee of, see Bailment, § 6. 
 
 Damages for breach of warranty, see Dam- 
 ages, § 116. 
 
 Regulation of vehicles drawn by, see High- 
 ways, § 45. 
 
 Stable for, see Livery Stable. 
 
 As to horse race, see Hoese Race. 
 
 As to horse trade, see Horse Trade. 
 
 I'ixing the extent of liability of the several 
 obligors to an agreement relating to 
 purchase of horses as making it^joint 
 and several or several. L.R.A.1915B, 
 224. 
 
 Duty and liability of operator of automo- 
 bile with respect to horses encountered 
 on highway. 48 L.R.A.(N.S.) 946. 
 
 False' pretenses in misrepresenting the 
 quality, condition or status of the sub- 
 ject of a horse trade. 49 L.R.A'. (N.S.) 
 576. 
 
 § 4. Hiring of. 
 
 Implied or apparent authority of agent or 
 employee to bind principal for hiring 
 of. L.R.A.1916B, 756. 
 
 Presumption and burden of proof as to care 
 or negligence in case of hire of horses 
 and carriages. 43 L.R.A.(N.S.) 1181. 
 
 Liability of hirer of horse under special 
 terms of contract for its care or return. 
 L.R.A.1915B, 304. 
 
 Liability of hirer of team for damage to 
 team or wagon by negligence of driver 
 in general employ of owner. L.R.A. 
 1916F, 1039. 
 
 II. Fright of; running away; injuries^ 
 due to. 
 
 § 7. Generally. 
 
 Fright of animals generally, see Fright, § 1. 
 
 Effect of fright of horse on liability for 
 injury on defective highway, see High- 
 ways, § 58. 
 
 Proximate cause of injury through fright 
 of horse, see Proximate Cause, §§ 19, 
 20. 
 
 HORSES, 11.— cont'd. 
 
 Liability for frightening horses by paper or 
 
 other objects liable to be set in motion 
 
 by wind. L.R.A.1915D, 617. 
 
 § 9. By automobile. 
 
 Contributory negligence, see infra, § 14. 
 
 Duty and liability of operator of automobile 
 with respect to horses encountered on 
 highway. 48 L.R.A. (N.S.) 946. 
 
 § lO. By railroad train or locomotive. 
 
 Liability of railroad company operating 
 trains or cars longitudinally along pub- 
 lic street for frightening horses by 
 blowing off of steam or causing other 
 noises. 49 L.R.A. (N.S.) 677. 
 Duty of trainmen where animals are fright- 
 ened by train, but are not struck 
 by it. 46 L.R.A. (N.S.) 430. 
 Under statute. 46 L.R.A. (N.S.) 433. 
 
 § 11. By street car. 
 
 Frightening horse by street car. 48 L.R.A. 
 (N.S.) 823. 
 
 § 14. Contributory negligence. 
 
 Contributory negligence of driver of horse 
 encountering automobile on highway. 
 50 L.R.A.(N.S.) 566. 
 
 In case of fright by street car. 48 L.R.A. 
 (N.S.) 823. 
 
 HORSE TRADE. 
 
 False pretenses in misrepresenting the qual- 
 ity, condition or status of the subject 
 of a horse trade. 49 L.R.A. (N.S.) 576. 
 
 HOSPITALS. 
 
 § 1. Generally. 
 
 Liability for detaining patient at hospital 
 against his will. L.R.A.1915D, 611. 
 
 § 2. As nuisance; objections to loca- 
 tion of, in neighborhood. 
 
 As nuisance, see Nuisances, § 7. 
 
 § 4. Liability for negligence. 
 
 Liability for negligence of attendants fur- 
 nished by relief department toward 
 which employees contribute. 48 L.R.A. 
 (N.S.) 531. 
 Liability of proprietor of private sanita- 
 rium or liospital for negligence of 
 nurse or attendant. L.R.A.1915D, 
 334. 
 Physician or surgeon. L.R.A.1915D, 
 338. 
 
 HOTCHPOT. 
 
 Bringing advancements into hotchpot in 
 cases of partial intestacy. 4 B. R. C. 
 
 268. 
 
 Begin with this JiooTc on every law question. 
 
INDEX TO NOTES. 
 
 295 
 
 HOTELS. 
 
 See Innkeepers. 
 
 HOURS OF LABOR. 
 
 See Master and Servant, II. h. 
 
 HOUSE. 
 
 What passes under bequest of contents of 
 property and effects contained in. 
 L.E.A.1915C, 653. 
 
 HOUSE OF CORRECTIOVT. 
 
 Confinement in, as cruel and unusual pun- 
 ishment. L.R.A.1915C, 563. 
 
 HOUSE OF ILL FAME. 
 
 See Disorderly Houses. 
 
 » « » 
 
 HUGHES' LEMON GINGER. 
 
 Judicial notice of intoxicating character 
 of. 48 L.R.A.(N.S.) 316. 
 
 HUMILIATION. 
 
 Arising from contemplation of disfigure- 
 ment as an element of damages for 
 personal injuries. L.E.A.1916E, 898. 
 
 HUNTING. 
 
 Civil liability for injury by negligent dia- 
 • charge of fire arms. L.R.A.1915E, 267. 
 
 HURRICANE. 
 
 Causes of loss covered by hurricane insur- 
 ance. L.R.A.1915B, 1094. 
 
 HUSBAND AND WIFE. 
 
 I. In general, §§ 1—i. 
 II. Husband's rights and liabilities, 
 §§ 5-11. 
 a. Rights, § 5. 
 6. Liabilities, §§ 6—11. 
 Consult also L.R.A. Digests to date. 
 
 fHUSBAND AND WIFE— coraf'd. 
 ///. Wife's rights, disabilities, and lia- 
 bilities, §§ 13—35. 
 
 a. Rights and disabilities gen- 
 
 erally, §§ 13-14. 
 
 b. Power to contract, §§ 15— 
 
 19. 
 
 c. Liabilities, §§ 30—35. 
 IV. Property rights, S§ 36—44. 
 
 a. In general, §36. 
 
 b. Tenancy by the entireties, § 
 
 37. 
 
 c. Community property, § § 38- 
 
 33. 
 
 d. Wife's separate estate, §§ 
 
 33-37. 
 g. Fraud on marital rights, §§ 
 
 43, 43a. 
 h. Rights of creditors, § 44. 
 V. Transactions between, §§ 43—61. 
 a. In general, §§ 45—48. 
 VI. Actions, §§ 63— 69a. 
 
 a. In general, § 63. 
 
 b. For personal injury or 
 
 death, §§ 63—65. 
 
 c. Alienation of affections, §§ 
 
 66, 67. 
 
 d. Criminal conversation, § 68. 
 
 e. Actions between, §§ 69, 69a. 
 VII. Abandonment; nonsupport, §§ 70, 
 
 71. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Breach of promise, see Breach of Promise. 
 
 As to divorce or separation, see Divorce 
 AND Separation. 
 
 Presumption and burden of proof as to mat- 
 ters between, see Bvidexce, § 111. 
 
 Privileged character of communications be- 
 tween, see Evidence, § 223. 
 
 Marriage, see Marriage. 
 
 Revocation of will of, see Wills, §§ 36, 37. 
 
 Competency as witnesses, see Witnesses, §§ 
 17-21. 
 
 Allowance for mental anguish because of 
 negligence in transmission of telegram 
 relating to illness or death of husband 
 or wife, see Damages, § 102. 
 
 When are husband and wife living together 
 within meaning of workmen's compen- 
 sation act. L.R.A.1916A, 370. 
 
 Personal contributory , negligence of wife 
 riding in vehicle driven or controlled 
 by husband. L.R.A.1915E, 232. 
 
 Notice to husband or wife to redeem from 
 tax sale. 44 L.R.A.(N.S.) 679. 
 
 Admissibility of finding of coroner to prove 
 that one spouse predeceased the other. 
 45 L.R.A.(N.S.) 408. 
 
 § 2. Alien wife. 
 
 Effect of marriage on woman's status a* 
 an alien. L.R.A.1916D, 132. 
 
 § 3. Marital infidelity. 
 
 As ground for divorce, see Divorce and 
 
 Separation, § 22. 
 As to adultery generally, see Adultery. 
 
'I'.ir, 
 
 INDEX TO NOTES. 
 
 HUSBAND AND WIFE, I.— cont'd. 
 
 Right of self-defense against attack due 
 to defendant's illicit relations with 
 wife or other relative of assailant. 46 
 L.R.A.(N.S.) 13. 
 
 § 4. Contracts of husband or virite 
 ■with third person. 
 
 Contracts between husband and wife, see 
 infra, V. 
 
 Contracts procured by threats of prosecu- 
 tion of husband. L.R.A.1915D, 1118. 
 
 II. Husband's rights and liaMUties. 
 
 a. Rights. 
 
 § 5. Generally. 
 
 Husband as agent for wife, see infra, § 15. 
 Property rights, see infra, IV. 
 Right of action, see infra, VI. 
 Insurable interest of husband in wife's 
 property, see Insurance, § 25. 
 
 Waiver by husband of stipulation in build- 
 ing contract with wife that alterations 
 or extras must be ordered in writing. 
 48 L.R.A.(N.S.) 582. 
 
 b. Liabilities. 
 
 § 6. Generally. 
 
 Liability of property, see infra, IV. 
 
 Liability for nonsupport, see infra, VII. 
 
 LiabUity for alimony, see Divorce and Sep- 
 aration, V. 
 
 Ratification by husband, see Ratification, 
 §2. 
 
 Liability of estate of husband for wife's 
 funeral expenses. 52 L.R.A. (N.S.) 
 1154. 
 
 n 7. For necessaries. 
 
 Furnished to infant, see Infants, §§ 18, 19. 
 
 Liability of husband on wife's contract for 
 attorney's fees in divorce proceedings. 
 L.R.A.1915C, 467. 
 
 § 8. — necessaries furnished wife 
 while living with husband. 
 
 Personal necessaries.' 47 L.R.A. (N.S.) 279. 
 Implied agency in law. 47 L.R.A. 
 
 (N.S.) 279. 
 
 Effect of notice to tradesmen. 47 
 
 L.R.A.(N.S.) 280. 
 
 Family necessaries. 47 L.R.A. (N.S.) 280. 
 
 Medical services. 47 L.R.A. ( N.S. ) 281. 
 
 Husband's liability affected by style of life 
 
 he adopts. 47 L.R.A. (N.S.) 28]. 
 
 Effect of notice to tradesmen. 47 
 
 L.R.A.(N.S.) 281. 
 Burden of proof. 47 L.R.A. (N.S.) 281. 
 Presumptive agency arising from cohabita- 
 tion. 47 L.R.A.(N.S.) 281. 
 May be rebutted. 47 L.R.A. (N.S.) 282. 
 Burden of proof. 47 L.R.A. (N.S.) 282. 
 Authority implied from husband's assent to 
 previous transactions. 47 L.R.A. (N.S.) 
 282. 
 Liability of husband by reason of estoppel 
 or ratification. 47 L.R.A. (N.S.) 282, 
 
 Begin with this book on every law question 
 
 ] HUSBAND AND WIFE, II. })— cont'd. 
 Money loaned wife to purchase necessaries. 
 
 47 L.R.A.(N.S.) 283. 
 In the absence of certainty, as to whom 
 
 ci-edit was given. 47 L.R.A. (N.S.) 
 
 283 
 Statutes. 47 L.R.A. (N.S.) 283. 
 Funeral expenses and medical attendance 
 
 during wife's last sickness. 47 L.R.A. 
 
 (N.S.) 283. 
 
 § 9. For debts of wife. 
 
 Liability for fees of wife's counsel in di- 
 vorce suit, see Divorce and Separation, 
 §§ 39, 40. 
 
 § lO. — antenuptial indebtedness. 
 
 Effect of intermarriage between debtor and 
 creditor upon the indebtedness. L.R.A. 
 1915D, 1126. 
 
 § 11. For torts of wife. 
 
 Effect of married women's acts upon hus- 
 band's liability for wife's torts. L.R.A. 
 1915A, 491. 
 
 III. Wife's rights, disabilities, and lia- 
 bilities. 
 
 a. Rights and disabilities generally. 
 
 § 12. Generally. 
 
 Property rights, see infra, IV. 
 Right of action, see infra, VI. 
 Acknowledgment by married woman, see 
 
 Acknowledgment. 
 Estoppel of married woman, see Estoppel, 
 
 111. b. 
 Civil remedies of wife for sale of liquor to 
 
 husband, see Intoxicating Liquors, § 
 
 41. 
 
 Effect of consent of beneficiary who is a 
 married woman on personal liability 
 of a trustee for losses to trust estate 
 from investment's. 44 L.R.A. (N.S.) 
 987. 
 
 b. Power to contract. 
 
 § 15. Generally. 
 
 Power to contract with husband, see infra, 
 
 V. 
 Ratification of married woman's contract,* 
 
 see Contracts, § 111. 
 
 Power of married woman to become member 
 of partnership. L.R.A.1916D, 
 1233. 
 At common law. L.R.A.1916D, 1233. 
 Under statute; partnership with per- 
 son other than husband. L.R.A. 
 1916D, 1234. 
 Partnership wth husband. L.R.A. 
 1916D, 1239. 
 Liability notwithstanding lack of ca- 
 pacity to form partnership. 
 L.R.A.1916D, 1246. 
 Validity of contract by married woman in- 
 capable of binding herself as surety, 
 to indemnify one against liability as 
 surety for a third person. L.R.A. 
 1915B, 1116. 
 
INDEX TO NOTES. 
 
 297 
 
 HUSBAND AND WIFE, III. h— cont'd. 
 Competency to enter into arbitration agree- 
 ment. 47 L.E.A.(N.S.) 345. 
 
 § 16. As surety. 
 
 Contract to indemnify one against liability 
 as surety for a third person. L.R.A. 
 1915B, 1116. 
 
 § 17. —for husband. 
 
 Conflict of laws as to capacity of married 
 woman to become surety for her hus- 
 band. L.R.A.1916A, 1054. 
 
 § 18. Agency of husband for wife. 
 
 Insurable interest of hiisband in wife's prop- 
 erty or that in which she has an inter- 
 est. 45 L.E.A.(N.S.) 1131. 
 
 c. Liabilities. 
 
 § 20. Generally. 
 
 Liability of property, see infra, IV. 
 
 Liability of estate of married woman for 
 funeral expenses. 52 L.R.A. (N.S.) 
 1154. 
 
 § 21. For necessaries. 
 
 Liability of married woman for necessaries 
 
 purchased by her. L.R.A.1915D, 
 
 1184. 
 In equity. L.R.A.1915D, 1184. 
 Under general enabling statutes. L.R.A. 
 
 1915D, 1184. 
 Under special statute. L.R.A.1915D, 
 
 1185. 
 Necessity for express contract. L.R.A. 
 
 1915D, 1185. 
 What is sufficient to show a contract 
 
 to bind herself. L.R.A.1915D, 
 
 1185. 
 
 IV. Property rights, 
 a. In general. 
 
 § 26. Generally. 
 
 Property transactions between husband 
 and wife, see infra, V. 
 
 Tenancy by the curtesy of the wife's estate, 
 see CxjKTEST. 
 
 Descent of property to husband or wife, see 
 Descent and Distribution, § 7. 
 
 Effect of divorce on property rights, see 
 Divorce and Sepaeation, VI. 
 
 Wife's right of dower in husband's proper- 
 ty, see Dower. 
 
 Widow's allowance, see Executors and Ad- 
 ministrators, § 55. 
 
 Rights in homestead, see Homestead. 
 
 Insurable interest of husband in wife's 
 property, see Insurance, § 25. 
 
 Election of widow between dower and will, 
 see Wills, §§ 112, 113. 
 
 Notice to husband or wife to redeem from 
 tax sale. 44 L.R.A. (N.S.) 679. 
 
 Revocation of consent given by one spouse 
 to will of the other in the latter's life- 
 time. L.R.A.1915E, 815. 
 
 Succession tax upon property received by a 
 surviving spouse. L.R.A.1916C, 675. 
 Consult also L.R.A. Digests to date. 
 
 HUSBAND AND WIFE, IV.— cont'd. 
 b. Tenancy by the entireties, 
 
 § 27. Generally. 
 
 Succession tax upon death of one tenant 
 of estate held by entireties. L.R.A. 
 1916C, 678. 
 
 Discharge of liability of one spouse on judg- 
 ment against both as affecting lien on 
 estatp by entireties. L.R.A.1916D, 
 115. 
 
 Effect of divorce on tenancy by entireties. 
 L.R.A.1915C, 396. 
 
 c. Community 'property, 
 
 § 28. Generally. 
 
 Succession tax upon. L.R.A.1916C, 676. 
 Allegations of ownership in indictment for 
 
 larceny of. 3 B. R. C. 785. 
 Husband's insurable interest in. 45 L.R.A. 
 
 (N.S.) 1131. 
 
 § 29. AVbat is. 
 
 Character of property as community or 
 separate, where title is initiated before 
 marriage, but not completed until after. 
 46 L.R.A.(N.S.) 1033. 
 
 d. Wife's separate estate. 
 
 § 33. Generally. 
 
 Allegations of ownership of property of 
 married woman in indictment for lar- 
 ceny. 3 B. R. C. 779. 
 
 § 34. What is. 
 
 Married woman's clothing or jewelry pur- 
 chased with husband's money as her 
 separate property. 4 B. R. C. 611. 
 
 g. Fraud on marital rights. 
 
 § 43a. Before marriage. 
 
 Dower rights in property fraudulently con- 
 veyed before marriage. 48 L.R.A. 
 (N.S.) 513. 
 
 h. Rights o/ creditors. 
 
 § 44. Generally. 
 
 Husband's liability for wife's debts, see 
 
 supra, §§ 7, 8. 
 Transactions between husband and wife in 
 
 fraud of creditors, see Fraudulent 
 
 Conveyances, § 21a. 
 
 T. Transactions between, 
 a. In general, 
 
 §45. Generally. 
 
 Relocation of consent given by one spouse 
 to will of the other in the latter's 
 lifetime. L.R.A.1915E, 815. 
 
 § 48. Transfers from wife to hus- 
 band. 
 
 Validity of conveyance of wife's real prop- 
 erty to husband through himself 
 as trustee or through a third per- 
 son. L.R.A.1915C, 767. 
 
298 
 
 INDEX TO NOTES. 
 
 HUSBAND AND WIFE, V. a.— cont'd. 
 
 In fee. L.B.A.1915C, 769. 
 
 In trust. L.R.A.1915C, 770. 
 
 Where husband does not join in the 
 deed. L.R.A.1915C, 770. 
 
 To pay husband's debts. L.R.A.1915C, 
 771. 
 
 Burden of proof when transfer is at- 
 tacked. L.R.A.1915C, 771. 
 
 VI. Actions, 
 a. In general. 
 
 § 62. Generally. 
 
 Imputing husband's negligence to wife, see 
 
 Negligence, § 44. 
 Husband or wife as witness, see Witnesses, 
 
 II. b. 
 
 Action for mutilation of corpse. L.R.A. 
 
 1915B, 521. 
 Right of husband to sue for libel or slander 
 
 of wife. 45 L.R.A.(N.S.) 767. 
 Wife's right of action for enticement or 
 abduction of child. 45 L.R.A.(N.S.) 
 872. 
 Right of married woman to maintain ac- 
 tion for board or lodging of, or 
 services rendered to, a third person 
 living in the home. 46 L.R.A. 
 (N.S.) ,238. - 
 Where husband agrees that wife may 
 have compensation. 46 L.R.A. 
 (N.S.) 240. 
 Joinder of husband and wife. 46 
 L.R.A.(N.S.) 241. 
 
 h. For personal injury or death. 
 
 § 63. By husband. 
 
 Measure of damages for injury to wife, see 
 
 Damages, § 59. 
 Measure of damages for death of wife, see 
 
 Damages, § 66. 
 
 Right of husband to recover in action for 
 breach of warranty, for loss of services 
 of wife, occasioned by her injury or 
 death in consequence of such breach. 
 3 B. R. C. 197. 
 
 Right of husband to recover for illicit in- 
 tercourse with wife accomplished by 
 force. 52 L.R.A. (N.S.) 373. 
 
 Husband's statutory right of action for 
 death of wife. L.R.A.1916E, 126. 
 
 Right of husband to recover for loss of con- 
 sortium through personal injury to 
 wife. L.R.A.1915D, 524. 
 
 § 64. — husband's negligence as bar 
 to recovery. 
 
 Imputing husband's negligence to wife in- 
 jured while riding with him. L.ffilA. 
 1915A, 764. 
 
 § 65. By wife. 
 
 Extent of recovery by wife for personal 
 injury to her, see Damages, §§ 59a, 60. 
 
 Measure of damages for death of husband, 
 see Damages, § 66. 
 
 Wife's statutory right of action for death 
 of husband. L.E.A.1916E, 128. 
 
 Begin with this hoolf on every laiv question 
 
 HUSBAND AND WIFE, VI. h— cont'd. 
 
 Imputing negligence of one spouse to the 
 other. L.R.A.1915A, 764. 
 
 Right of Wife to recover for loss of con- 
 sortium resulting from negligent in- 
 jury to husband. L.R.A.1916E, 703. 
 
 c. Alienation of affections. 
 
 § 66. Generally. 
 
 (Jonclusiveness. as to third persons in action 
 for alienation of affections of decree in 
 suit for divorce or annulment aa to 
 facts adjudicated as distinguished from 
 status establislied. L.R.A.1915C, 870. 
 Effect of fact that husband or wife of 
 plaintiff was the active or aggressive 
 party. 43 L.R.A. (N.S.) 332. 
 Malice as essential to an action for aliena- 
 tion of affections, in absence of 
 meretricious relations. 46 L.R.A. 
 (N.S.) 465. 
 Generally. 46 L.R.A. (N.S.) 465. 
 Strangers. 46 L.R.A. (N.S.) 465. 
 Parents. 46 L.R.A. (N.S.) 467. 
 Other relatives. 46 L.R.A. (N.S.) 469. 
 Guardian. 46 L.R.A. (N.S.) 469. 
 Divorce or separation as affecting action. 
 46 L.R.A.(N.S.) 1084. 
 Divorce. 46 L.R.A. (N.S.) 1084. 
 
 As evidence. 46 L.R.A. (N.S.) 1085. 
 
 Separation agreements. 46 L.R.A. 
 
 (N.S.) 1086. 
 
 Extent of alienation necessary to sustain 
 
 action against stranger. L.R.A.1916E, 
 
 1091. 
 
 § 67. Action by wife. 
 
 Right of wife, under modern woman's acts, 
 to sue for alienation of affections of 
 her husband. L.R.A.1915A, 67. 
 
 d. Criminal conversation. 
 
 § 68. Generally. 
 
 Right of action for criminal conversation 
 or enticement of wife as asset of banlc- 
 rupt. 43 L.R.A.(N.S.) 941. 
 Divorce or separation as affecting action 
 for. 46 L.R.A.(N.S.) 1084. 
 Divorce. 46 L.R.A. (N.S.) 1084. 
 
 As Evidence. 46 L.R.A. (N.S.) 
 1085. 
 Separation agreements. 46 L.R.A. 
 (N.S.) 1086. 
 
 e. Actions between. 
 
 § 69. Generally. 
 
 Recovery by mother against father for 
 money expended in support of children. 
 L.R.A.1915A, 1137. 
 
 § 69a. —for torts. 
 
 Right of wife to sue husband for personal 
 tort. 52L.R.A.(N.S.) 185. 
 
 Til. Abandonment; nonsupport. 
 
 § 70. Generally. 
 
 Abandonment as ground for divorce, see 
 DiVOKCE AND Sepakation, § 24. 
 
INDEX TO NOTES. 
 
 299' 
 
 HUSBAND AND WIFE, VU.— cont'd. 
 Abandoned wife as head of family within 
 
 homestead or exemption laws. 51 
 
 L.R.A.(N.S.) 1121. 
 Conveyance of homestead by husband after 
 
 abandonment by wife. L.R.A.1915D, 
 
 551. 
 Abandonment of wife as afifecting right to 
 
 recover damages for negligent killing 
 
 of husband. L.R.A.1916C, 806. 
 Inability of husband to support himself or 
 
 wife as an excuse for leaving her. 52 
 
 L.E.A.(N.S.) 675. 
 
 § 71. Criminal liability. 
 
 Gruel and unusual punishment for. L.R.A. 
 
 1915C, 570. 
 Criminal responsibility of minor for failure 
 
 to support wife. L.R.A.1916E, 762. 
 Offense of desertion or failure to provide 
 for wife or family as affected by 
 residence of parties. 47 L.R.A. 
 (N.S.) 218. 
 General rule. 47 L.R.A. (N.S.) 218. 
 Application of rule as between different 
 counties. 47 L.R.A. (N.S.) 
 218. 
 Where the husband or father re- 
 moves to another county. 47 
 L.R.A.(N.S.) 218. 
 Where he sends his family to an- 
 other county. 47 L.R.A. (N.S.) 
 219. 
 Application of rule as between different 
 
 states. 47 L.R.A. (N.S.) 220. 
 Application of rule where the wife re- 
 moves to another jurisdiction 
 without the husband's consent. 
 47 L.R.A.(X.S.) 222. 
 As between different counties. 47 
 
 L.'R.A.(N.S.) 222. 
 As between different states. 47 
 L.R.A. (N.S.; 223. 
 What amounts to nonsuppoit by husband 
 within criminal statutes. 49 L.R.A. 
 (N.S.) 588. 
 Statute punishing failure to provide 
 foi- or support wife. 49 L.R.A. 
 (N.S.) 589. 
 Effect of aid from other sources. 
 49 L.R.A.(N.S.) 590. 
 Statute against leaving wife without 
 adequate support, in danger 
 of becoming a burden or 
 charge upon the public. 49 
 L.R.A.(N.S.) 59]. 
 Effect of aid from other sources. 
 49 L.R.A.(N.S.) 592. 
 Statute punishing neglect to provide 
 for wife in destitjite or ne- 
 cessitous circumstances. 49 
 L.R.A.(N.S.) 594. 
 . Effect of aid from other sources. 
 49 L.R.A. (N.S.) 595. 
 
 ICE. 
 
 § 1. Generally. 
 
 Removal of, from sidewalks, see Highways, 
 § 56. 
 Consult also L.R.A. Digests to date. 
 
 IC^— cont'd. 
 
 Private action for violating statute regu- 
 lating harvesting of. L.R.A.1915E, 
 561. 
 
 Right to discharge from roof upon premises 
 of adjoining owner. L.R.A. 1916A, 693. 
 
 § Z. Rights as to. 
 
 Right to ice on railroad right of way as- 
 
 between company and fee owner. 4& 
 
 L.R.A.(N.S.) 799. 
 Right as between owner of flowage rights- 
 
 and owner of soil, to ice. L.R.A. 1916B, 
 
 1046. 
 Discharging matter into .stream preventing 
 
 formation of, or polluting, ice. L.R.A. 
 
 1915E, 1210. 
 
 § 5. Liability for injnry by. 
 
 On street or sidewalk, see HioHvvrATS, §§ 71, 
 
 84. 
 
 Res ipsa loquitur in action for injury on 
 highway by fall of ice from roof. 43 
 L.R.A. (N.S.) 597. 
 
 Duty of railroad company as to ice on cat- 
 tle guards. L.R.A.1915B, 134. 
 
 ♦ »» 
 
 IDEM SONANS. 
 
 See Name, § 16. 
 
 < » » 
 
 IDENTITY AND IDENTIFICATION. 
 
 /. Of peisons, §§ 1—6. 
 III. Of things, §§ 8-18. 
 
 I. Of persons, 
 
 § 1. Generally. 
 
 Parol evidence to identify person, see Evi- 
 dence, § 183. 
 See also Impostok. 
 
 Privilege of attornev against revealing iden- 
 tity of client. L.R.A.1916C, 602. 
 
 Recital in certificate of acknowledgment by 
 married woman as to her identity. 45 
 L.R.A. (N.S.) 1122. 
 
 Liability of one who identifies an impostor, 
 for fraud perpetrated by him. 51 
 L.R.A. (N.S.) 707. 
 
 g 3. Mistake as to identity. 
 
 Mistake as to identity of person libeled or 
 
 slandered. 47 L.R.A. (N.S.) 240. 
 Mistake as to identity of juror as ground 
 
 for new trial. 50 L.R.A. (N.S.) 972. 
 Right to avoid contract liecause of mistake 
 
 as tn identity of other party thereto. 
 
 L.R.A.1916D, 801. 
 
 g 4. Mode and sufficiency of identifi- 
 cation. 
 
 Opinions of v/itnesses as to identity of per- 
 son referred to in action for defama- 
 tion of unnamed person. 48 L.R.A, 
 (N.S.) 364. 
 
son 
 
 INDEX TO NOTES. 
 
 IDENTITY AND IDENTIFICATION, I.— 
 
 oont'd. 
 Sufficiency of evidence to establish identity 
 
 in action for defamation of unnamed 
 
 person. 48 L.R.A.(N.S.) 369. 
 Use of photographs to show. 51 L.E.A. 
 
 (N.S.) 851. 
 Right to take or retain in rogues' gallery 
 
 picture of one accused of crime. L.E.A. 
 
 1916A, 743. 
 
 III. Of things, 
 
 § 8. Generally. 
 
 Letters identified only by prosecutrix as cor- 
 roboration of her testimony to prove 
 seduction or rape. 49 L.E.A. ( N.S. ) 
 1198. 
 
 Identifying misapplied trust funds to fol- 
 low and recover them. L.R.A.1916C, 
 21. 
 
 g 10. Of property given Vy will. 
 
 Identification of land described in will. 
 L.R.A.1915E, 1008. 
 
 § 11. Of pleadings. 
 
 Between new and old pleadings within rule 
 as to limitation Of actions. 47 L.E.A. 
 (N.S.) 932. 
 
 IGNORANCE. 
 
 § I. Generally. 
 
 Effect of, on criminal liability, see Ceiminal 
 
 Law, § 13. 
 As to mistake, see Mistake. 
 
 § 2. Of party to contract. 
 
 Servant's ignorance of contents of a release 
 given by him for injuries previously 
 received'. 48 L.E.A. (N.S.) 447. 
 
 Of debt, as affecting assumption of debts on 
 dissolution of partnership. 48 L.E.A. 
 (N.S.) 551. 
 
 Effect of owner's ignorance of alterations 
 or extras on right to recover therefor 
 under building contract containing 
 stipulation that alterations or extras 
 must be ordered in writing. 48 L.E.A. 
 (N.S.) 585. 
 
 Estoppel against assertion of title or in- 
 terest in real property by concealing the 
 same or representing it to be in another 
 as affected by ignorance of person claim- 
 ing estoppel. 48 L.E.A. (N.S.) 770. 
 
 ILLEGAI4 ACTS. 
 
 Injunction against, see Injunction, II. d. 
 
 IILEGAIITY. 
 
 ILLEGITIMACY. 
 
 § 1. Generally. 
 
 As to bastardy proceeding, see Bastardy. 
 Action for death of illegitimate child, or 
 
 for death of parent of, see Death, § 8. 
 Presumptions and burden of proof as to, 
 
 see Evidence, § 24. 
 
 Domicil of illegitimate child. 49 LJ-.A. 
 (N.S.) 863. 
 
 Status of child begotten after divorce be- 
 tween parents. 51 L.E.A.(N.S.) 308. 
 
 § 2a. Services of illegitimate child. 
 
 Who may recover for services rendered by 
 an illegitimate child. 44 L.E.A. (N.S.) 
 1137. 
 
 § 3. Legitimation. 
 
 Effect of statute legitimating issue of void 
 or voidable marriage. L.R.A.1916C, 
 764. 
 
 What amounts to recognition within stat- 
 utes affecting the status or rights of 
 illegitimates. L.E.A.1916B, 659. 
 
 § 4. Rights of illegitimate children. 
 
 Extrinsic evidence to show that testator in 
 devising property to children intended 
 to include illegitimate children. 47 
 L.E.A.(N.S.) 534. 
 
 § 5. Evidence as to. 
 
 Presumptions and burden of proof as to, 
 see Evidence, § 24. 
 
 Competency of woman to testify as to non- 
 access of husband. L.R.A.1916B, 1053. 
 
 Admissibility of declarations of relatives of 
 claimant to prove legitimacy or relor 
 tionship to legitimate. L.R.A.1915D, 
 215. 
 
 ILL FAME. 
 
 Houses of, see Disobdeklt Houses. 
 
 ILL HEALTH. 
 
 Sickness generally, see Sickness. 
 
 As defense to action for breach of promise 
 to marry. L.E.A.1916D, 1276. 
 
 ♦ » » 
 
 Of contracts, see Contracts, IV. 
 Begin with this hooU on every law question 
 
 ILLICIT COHABITATION. 
 
 Illicit cohabitation as a nuisance or crim- 
 inal offense. L.E.A.1916C, 653. 
 At common law. L.E.A.1916C, 653. 
 Under statutes. L.E.A.1916C, 653. 
 Nature of the offense. L.E.A 
 1916C, 653. 
 Distinguished from other of- 
 fenses. L.R.A.1916C, 653. 
 As a joint offense. L.E.A. 
 19160, 654. 
 
INDEX TO NOTES. 
 
 301 
 
 ILLICIT COHABITATION— cojitU 
 
 Elements of the ofifense. L.R.A. 
 1916C, 656. 
 Cohabitation. L.R.A.1916C, 
 
 656. 
 Intercourse. L.E.A.1916C, 661. 
 Marriage. L.R.A.1916C, 664. 
 Intent. L.R.A.1916C, 666. 
 Notoriety. L.R.A.1936C, 667. 
 Indictment. L.R.A.1916C, 669. 
 
 ILIiICIT RELATIONS. 
 
 Enforcement of contract between parties 
 
 living in, see Contracts, § 120. 
 See also AonLTEEY; Disorderly Houses; 
 
 Fornication ; Illicit Cohabitation ; 
 
 Incest ; Lewdness ; Prostitution ; 
 
 Seduction. 
 
 Right of self-defense against attack due to 
 defendant's illicit relations with wife 
 or other relative of assailant. 46 L.R.A, 
 (N.S.) 13. 
 
 Insurance on life in favor of paramour. 47 
 L.E.A.(N.S.) 252. 
 
 ILLITERACY. 
 
 Unknown illiteracy of juror as ground for 
 new trial. 50 L.R.A. (N.S.) 977. 
 
 ILLNESS. 
 
 See Sickness. 
 
 IMBECILITY. 
 
 In general, see Incompetent Persons. 
 Of testator, see Wills, III. e. 
 
 IMITATION. 
 
 See TjNrAiR Competition, 
 
 IMMATERIAL TESTIMONY. 
 
 Immateriality of testimony, see Evidence, 
 XII. 
 
 IMMORALITY. 
 
 See also Adultery; Disorderly Houses; 
 Fornication ; Illicit Cohabitation ; 
 Illicit Relations; Incest; Lewd- 
 ness; Prostitution; Seduction. 
 Consult also L.R.A. Digests to date. 
 
 IMMORALITY— cont'd. 
 
 As ground for revoking phvsician's license. 
 43 L.R.A. (N.S.) 912; 51 L.R.A. (N.S.) 
 958. 
 
 State legislation for prevention of immorali- 
 ty as interference with interstate com- 
 merce. 51 L.R.A. (N.S.) 157. 
 
 IMMUNITY. 
 
 Right of contractor with public to immu- 
 nity which latter enjoys from liability 
 for damages. L.R.A.1916D, 511. 
 
 <«» 
 
 IMPAIRMENT OF OBLIGATION. 
 
 See Constitutional Law, VIII. h. 
 
 « « » 
 
 IMPEACHMENT. 
 
 Of officers, see Officers, § 25. 
 Of witness, see Witnesses, IV. 
 
 IMPLICATION. 
 
 As to implied contracts, generally, see Con- 
 tracts, II. b; Municipal Corpora- 
 tions, V. d, 2. 
 
 Implied covenants, see Covenants, § 3; 
 Landlord and Tenant, III. b, 2. 
 
 What passes by, in deed, see Deeds, III. e. 
 
 Easement by, see Easements, IV. d. 
 
 As to implied guaranty, see Guaranty. 
 
 As to implied warranty, see Sale, X. ; XI, u. 
 
 Devise or bequest by, see Wills, § 62. 
 
 Implied invitation as basis for liability for 
 injury by attractive nuisance. L.R.A. 
 19151), 160. 
 
 IMPLIES CONTRACTS. 
 
 See Contracts, II. b; Municipal Corpora- 
 tions, V. d, 2. 
 
 IMPLIED COVENANTS. 
 
 See Covenants, §§ 3, 4; Landlord and Ten- 
 ant, §§ 21, 22. 
 
 »«» 
 
 IMPLIED EASEMENT. 
 
 See Easements, IV. d. 
 
 ■> « » • 
 
 IMPLIED GUARANTY. 
 
 See Guaranty, § 3. 
 
302 
 
 INDEX TO NOTES. 
 
 mPUED TRUSTS. 
 
 See Tbtjsts, II. d. 
 
 ♦ « » 
 
 IMPORTED ARTICLES. 
 
 Constitutionality of statute as to, see Con- 
 stitutional Law, § 120a. ' 
 
 IMPOSSIBILITY. 
 
 As excuse for nonperformance of contract, 
 see CoNTEACTS, §§ 124, 125. 
 
 IMPOSTOR. 
 
 Liability of one who identifies an impostor, 
 for fraud perpetrated by him. 51 
 
 L.R.A.{N.S.) 707. 
 
 IMPOTENCY. 
 
 As defense to prosecution for rape or as- 
 sault with intent to commit rape. 
 L.E.A.1915B, 131. 
 
 IMPRISONMENT. 
 
 For crime generally, see Cbiminal Law, VI. 
 False imprisonment, see False Imprison- 
 ment. 
 :For debt, see Imprisonment for Debt. 
 
 IChreats of imprisonment by public officer as 
 duress. L.R.A.1916B, 670. 
 
 IMPRISONMENT FOR DEBT. 
 
 Constitutionality of. L.R.A.1915B, 645. 
 What are debts. L.R.A.1!)15B, 646. 
 Meaning of the word "debt." 
 
 L.R.A.1915B, 646. 
 Debts in general. L.R.A.1915B, 
 646. 
 Action founded on tort. L.R.A.1915B, 
 646. 
 Fraud. L.R.A.1915B, 646. 
 Pines and penalties as debts. L.R.A. 
 1915B, 647. 
 Fines imposed by city authority. 
 L.R.A.1915B, 647. 
 Taxes as debts. L.R.A.1915B, 648. 
 -Costs as debts. L.R.A.1915B, 648. 
 
 Not debts in civil actions. L.R.A. 
 
 1915B, 648. 
 Not debts in criminal actions. 
 L.R.A.1915B, 648, 
 ■Statutory, criminal, or quasi criminal 
 cases. L.R.A.1915B, 648. 
 
 IMPRISONMENT FOR DEBT— cont'd. 
 
 Beating board bill. L.R.A.1915B, 
 649. 
 Enforcing orders and decrees of court. 
 L.R.A.191#B, 649. 
 Alimony. L.R.A.1915B, 651. 
 Bastardy. L.R.A.1915B, 651. 
 Against officers of the court. L.R.A. 
 1915B, 651. 
 Ne exeat. L.R.A.1915B, 651. 
 
 IMPROBABILITY. 
 
 Offense of obtaining money by false pre- 
 tenses as affected by the improbability 
 of representations. L.R.A.1916C, 1104. 
 
 IMPROVEMENTS. 
 
 § 1. Generally. 
 
 Recovery in eminent domain for improve- 
 ments made by person seeking condem- 
 nation, see Damages, § 84. 
 
 Estoppel by permitting making of, see 
 Estoppel, § 25. 
 
 Of highway, see Highways, V.; Public Im- 
 provements. 
 
 On leased premises, see Landlord and Ten- 
 ant, IV. b, 2. 
 
 Lien for generally, see Liens, § 11. 
 
 Mechanics' lien for, see Mechanics' Liens. 
 
 As to public improvements generally, see 
 Public Improvements. 
 
 Right of one holding, to notice to redeem 
 from tax sale. 44 L.R.A. (N.S.) 676. 
 
 Estoppel of owners of land who stand by 
 without disclosing their title while 
 others put valuable improvements 
 thereon. 48 L.R.A. (N.S.) 759. 
 
 Treatment of cost of, in estimating the 
 return of a public service corporation 
 for rate-making purposes. 52 L.R.A. 
 (N.S.) 15. 
 
 Right of widow to dower in improvements 
 not made by husband. 3 B. R. C. 957. 
 
 § 10. By cotenants. 
 
 Liability for, see Cotenancy, § 9. 
 
 § 14a. By mortgagee in possession. 
 
 Right and duty of mortgag(^e in possession 
 as to. 49 L.R.A.(N.S.) 124. 
 
 IBegin xvitli this hooU on every law question. 
 
 IMPUTED NEGLIGENCE. 
 
 In general, see Negligence, II. a, 4. 
 
 ♦-•-♦ ■ 
 
 IMPUTED NOTICE. 
 
 See Banks, § 8a; Notice, III. 
 
INDEX TO NOTES. 
 
 303 
 
 INABIUTY. 
 
 B!ffect of, on right to specific performance, 
 see Specific Pekfobmance, § 20. 
 
 INADEQUACY. 
 
 Of consideration, see Contbaots, § 14. 
 Inadequate damages for personal injury or 
 death, see Damages, §§ 64, 65a. 
 
 Consideration of inadequacy of equipment 
 in treatment of depreciation in esti- 
 mating return of public service corpora- 
 tion for rate-making purposes. 52 
 L.R.A.(N.S.) 37. 
 
 INANIMATE PROPERTY. 
 
 Title and right to escaped inanimate prop- 
 erty. 43 L.R.A.(N.S.) 460. 
 Stranded logs or timber. 43 L.R.A. 
 (N.S.) 460. 
 
 INCEST. 
 
 § 1. Generally, 
 
 Conflict of laws as to incestuous marriage. 
 43 L.R.A.(N.S.), 358. 
 
 Incestuous marriage as void or voidable. 
 L.R.A.1916C, 723. 
 
 Validity of marriage with relative by mar- 
 riage. L.R.A.1916C, 756. 
 
 Former jeopardy in case of. L.E.A.1915A, 
 256. 
 
 Acquittal of one of the parties, as bar to 
 prosecution of the other. 49 L.R.A. 
 (N.S.) 479. 
 
 § Z. Evidence; iritnesses. 
 
 Admissibility of evidence of prior or sub- 
 sequent acts of intercourse between the 
 parties in a prosecution for incest. 
 L.R.A.1915A, 138. 
 
 Evidence of specific instances of unchastity 
 of prosecutrix. L.R.A. 1916B, 966. 
 
 Age of alleged accomplice as affecting ne- 
 cessity of corroboration of testimonv. 
 L.R.A.1915E, 1222. 
 
 INCOME. 
 
 § 1. Generally. 
 
 Consideration of earnings or income in de- 
 termining the value of property for 
 purposes of taxation. L.R.A.1916C, 
 529. 
 
 g 2. Beqnest of. 
 
 See Wills, § 95. 
 
 Consult also L.R.A. 
 
 INCOME TAX. 
 
 See Taxes, § 106. 
 
 INCOMPETENCY. 
 
 Of juror, see JUBY, III. b. 
 
 Of fellow servant, see Mastee and Servant, 
 
 §§ 104, 105. 
 Of witness, see Witnesses, II. 
 Mental incompetency, see Incompetent 
 
 Pebsons. 
 
 ir. 
 
 ri. 
 
 TII. 
 
 Tin. 
 
 Digests to date. 
 
 INCOMPETENT PERSONS. 
 
 I. In general, § 1. 
 II. Who are, §§ 2—*. 
 ///. Inquisition and lunacy proceed- 
 ings, §§ 5—7. 
 Capacity; contracts; deeds, §§ 
 
 8-10. 
 Negligence of or towards; torts, 
 
 §§ 11, 13. 
 Property rights, §§ 13—16. 
 Confinement; support, §17. 
 Actions and proceedings; judg- 
 ments, §§ 18—20. 
 IX. Guardian or committee, §§ 31— 
 34=. 
 
 I. In general, 
 
 § 1. Generally. 
 
 Mental condition as affecting criminal re- 
 sponsibility, generally, see Criminal 
 Law, §§ 8, 10. 
 
 Intoxicated persons, see Drunkenness. 
 
 Presumption and burden of proof as to 
 sanity, see Evidence, §§ 38-40. 
 
 Opinion evidence as to sanity, see Evidence, 
 VIII. e. 
 
 Relevancy of evidence as to sanity, see Evi- 
 dence, § 254. 
 
 Sufficiency of evidence as to sanity, see 
 Evidence, § 316. 
 
 As to married women, see Husband and 
 Wife. 
 
 As to Indians, see Indians. 
 
 Suicide of insured while insane, see Insur- 
 ance, § 171. 
 
 Marriage of, see Marriage, § 10. 
 
 Question for jury as to sanity, see Trial 
 § 29. 
 
 Competency of, as witnesses, see Witness- 
 es, § 14. 
 
 Mental anguish because of inability to at- 
 tend insane brother, as element of re- 
 covery in telegraph cases. 49 L.R.A. 
 (N.S.) 238, 334. 
 
 Duty of carrier to accept insane person as 
 passenger. L.R.A.1915E, 788. 
 
 Applicability of workmen's compensation 
 act where insane workman commits 
 suicide or suffers personal injury. 
 L.R.A.1916A, 3S9. 
 
 Arrest upon suspicion of insanity. L.R.A. 
 1916C, 230. 
 
304 
 
 INDEX TO NOTES. 
 
 INCOMPETENT PERSONS, 1.— cont'd. 
 
 Who may elect against will in behalf of 
 insane widow. 49 L.R.A.(N.S.) 1108. 
 
 Voluntariness of confession by. 50 L.R.A. 
 (N.S.) 1082. 
 
 Effect of insanity or mental incompetency 
 of executor or administrator. 45 L.R.A. 
 (N.S.)- 1073. 
 
 Effect of insanity on failure to pay in- 
 surance premium when due. 46 L.R.A. 
 (N.S.) 537. 
 
 Insanity as a ground for refusing extradi- 
 tion. 46 L.R.A.(N.S.) 397. 
 
 Mental incapacity of partner as dissolution 
 or a ground for dissolution of a part- 
 nership. 47 L.R.A.(N.S.) 839. 
 
 II. Who are. 
 
 g 2. Generally. 
 
 Presumption and burden of proof as to san- 
 ity, see Evidence, §§ 38-40. 
 
 Relevancy of evidence as to sanity, see Evi- 
 dence, § 254. 
 
 Sufficiency of evidence as to sanity, see Evi- 
 dence, § 316. 
 
 Desire of aged person to marry as ground 
 for appointment of guardian. 47 L.R.A. 
 (N.S.) 475. 
 
 III. Inquisition and lunacy proceed- 
 ings. 
 
 § 5. Generally. 
 
 Eight to dismiss proceedings in nature of 
 writ inquirendo de lunatico. 51 L.R.A. 
 (N.S.) 1191. 
 
 § 7. Effect of inquisition. 
 
 On competency of witness. 46 L.R.A. (N.S.) 
 1031. 
 
 IV. Capacity ; contracts; deeds. 
 
 § 8. Generally. 
 
 Criminal liability of incompetent, see Crim- 
 inal Law, § 8. 
 
 Presumption and burden of proof as to 
 
 capacity, see Evidence, §§ 38, 39. it n 
 
 Opinion evidence as to capacity, see Evi- I § , ^' Generally. 
 
 INCOMPETENT PERSONS, IV.— cont'd. 
 
 Right to recover against incompetent or his 
 estate for legal services in attempting 
 to secure his freedom, or in resisting 
 lunacy proceedings. 45 L.R.A. (N.S.) 
 67. 
 
 § 9. Insurance matters. 
 
 Effect of incapacitating illness or insanity 
 on failure to pay insurance premium 
 when due. 46 L.R.A. (N.S.) 537. 
 
 Eights and remedies of prior beneficiary 
 where insured was mentally incompe- 
 tent when he made a change of bene- 
 ficiary. L.E.A.1916C, 1132. 
 
 § lO. Deeds. 
 
 Undue influ^ence in conveyance or transfer 
 of property by person physically or 
 mentally feeble in consideration of sup- 
 port of the grantor or a third person. 
 52 L.E.A.(N.S.) 476. 
 
 Validity of deed executed during lucid inter- 
 val by adjudged incompetent. 4 B. E. 
 C. 451. 
 
 Signature made by hand of unconscious 
 person. L.E.A.1915B, 678. 
 
 V. Negligence of or towards; torts. 
 
 § 11. Generally. 
 
 Effect of intoxication on negligence, see 
 Deunkenness, §§ 5-9. 
 
 Rape of female of unsound mind. L.R.A. 
 1916F, 742. 
 
 Injuries inflicted by insane persons as with- 
 in provision in accident insurance pol- 
 icy exempting insurer or limiting lia- 
 bility in case of injury intentionally 
 inflicted by another. 48 L.E.A.(N.S.) 
 527. 
 
 § 12. Civil liability for torts or neg- 
 ligence. 
 
 Responsibility of one having custody or 
 control of person mentally incompetent, 
 for latter's torts. 50 L.R.A. (N.S.) 
 1104. 
 
 VI. Property rights. 
 
 DENCE, VIII. e. 
 
 Contracts with drunken person, see Drunk- 
 enness, §§ 3, 4. 
 
 Capacity to enter into contract of marriage, 
 see Marriage, § 10. 
 
 Testamentary capacity of testator, see 
 Wills, III. e. 
 
 Consent of incompetent , or his guardian, 
 committee, or agent to a license for the 
 sale of intoxicating liquors. L.R.A. 
 1916D, 819. 
 
 Competency of parties to agree to arbitrate. 
 
 47 L.R.A.(N.S.) 345. 
 
 Mental capacity of servant executing release 
 on accepting benefits of relief fund. 
 
 48 L.R.A.(N.S.) 450. 
 
 Insanity of subscriber to charity as revok- 
 ing subscription. 48 L.R.A. (N.S.) 801 
 
 Begin with this boolc on every law question. 
 
 W'ho may elect against will in behalf of in- 
 sane widow. 49 L.R.A.(N.S.) 1108. 
 
 § 16. Sale of property. 
 
 Effect of sale of lands of lunatics on descent 
 of ancestral estates. L.R.A.1916C, 910. 
 
 VII. Confinement; support. 
 
 §17. Generally. 
 
 Sentence and imprisonment for crime, see 
 . Criminal Law, § 72. 
 
 Right of one restrained as insane person 
 to discharge upon ground of irregular- 
 ity or invalidity of commitment. 44- 
 L.R.A.(N.S.) 389. 
 
 Privilege of records of insane asvlum. 51 
 L.R.A. (N.S.) 22. 
 
INDEX TO NOTES. 
 
 305 
 
 INCOMPETENT PERSONS— cont'd. 
 
 VIII ■ Actions and proceedings; judg. 
 ments. 
 
 § IS. Generally. 
 
 As to lunacy proceedings, see supra, III. 
 
 Mental incapacity as affecting running of 
 statute of limitations. 51 L.R.A.(N.S.) 
 834. 
 
 IX. Guardian or committee, 
 
 § 21. Generally. 
 
 Lunacy proceedings, see supra. III. 
 
 Right of committee of lunatic to appoint- 
 ment as administrator or executor. 
 L.R.A.1915C, 581. 
 
 § 24. Powers of. 
 
 Who may elect against will on behalf of 
 insane widow. 49 L.R.A.(N.S.) 1108. 
 
 Consent of guardian or committee to a 
 license for the sale of intoxicating liq- 
 uors. L.R.A.1916D, 819. 
 
 INCPNSISTENCY. 
 
 Election between inconsistent remedies, see 
 
 Election op Remedies. 
 Estoppel by, see Estoppel, III. h. 
 
 INCONTESTABLE CLAUSE. 
 
 In insurance policy, see Insubance, § 103. 
 
 INCONTINENCE. 
 
 Antenuptial, as ground for divorce or an- 
 nulment of marriage. L.R.A.1916E, 
 650. 
 
 INCORPORATION. 
 
 Of municipality, see Municipal Corpoea- 
 TIONS, § 6. 
 
 INCORPORATION TAX. 
 
 Liability for, upon extension, reorganiza- 
 tion, consolidation, or merger of exist- 
 ing corporation. 47 L.R.A.(N.S.) 1066. 
 
 INCOBPOBEAI, HEREDITAMENT. 
 
 Action on covenant in grant of, by or 
 against grantee's successor in title. 
 L.R.A.1915C, 222. 
 
 INCREASE. 
 
 Of animal, see Animals, § 3. 
 Of stock, see Cobpoeations, § 70. 
 
 Rights as between life tenant and remain- 
 derman to increase of slaves. L.R.A. 
 ,19150, 849. 
 
 INCREASED PUNISHMENT. 
 
 For habitual criminals or prior offenders, 
 see Ceiminal Corpokations, § 83. 
 
 INCREASE OF RISK. 
 
 See Insueancb, §§ 83, 89, 102. 
 
 ♦-•-♦ 
 
 INCRIMINATION. 
 See CEmiNAL Law, §§ 49-53, 
 
 •-•-• ■ 
 
 INCUMBRANCE. 
 See Encumbeance. 
 
 ■>»» 
 
 IN CUSTODIA LEGIS. 
 See Custody of Law. 
 
 ♦-»-• 
 
 INDEBTEDNESS. 
 
 See Debts. 
 
 < « » 
 
 INDECENCY. 
 
 See Obscenity. 
 
 ♦-•-• 
 
 INDEFINITENESS. 
 
 In charitable gift, see Chabities, §§ 6, 8. 
 Of contract, see Contbaots, § 20. 
 
 INCORPORATORS. 
 
 See Cobpoeations, VII. 
 
 Consult also L.R.A. Digests to date. 
 
 43— '16E. 
 
 INDEMNITY. 
 
 § I. Generally. 
 
 By bonds, generally, see Bonds, II. 
 
 20 
 
306 
 
 INDEX TO NOTES. 
 
 INDEMNITY— confd. 
 Insurance as, generally, see Instjeance. 
 Indemnity insurance, see Instjbakce, X. 
 Of surety, see Pbinoipal and Sukett, § 21. 
 
 Eight of nominal owner of shares of stock 
 to indemnity against consequences of 
 such ownership. 3 B. R. C. 365. 
 
 Right of purchaser to indemnity for expense 
 of defending suit or proceeding based 
 on bulk sales act. L.R.A.19161<', 551. 
 
 Right of trustees or executive committee of 
 club to indemnity for obligations in- 
 curred by them. 5 B. R. C. 763. 
 
 Liability of indemnitor for costs of unsuc- 
 cessful appeal by party indemnified. 
 L.R.A.1915F, 598. 
 
 Liability of depositor who requests bank 
 to hold noninterest bearing deposit 
 against a claimant, to reimburse bank 
 for interest which it is compelled to 
 pay to claimant on the legal establish- 
 ment of his claim to the deposit. L.R.A. 
 1915E, 797. 
 
 Assurance fund provided for by the Torrens 
 Law. L.R.A.1916D, 56. 
 
 § 2. Liability over to persons second- 
 arily liable. 
 
 Contribution between persons liable, see 
 
 CONTKIBUTION. 
 
 Right of one liable for damages from de- 
 fective article to recover over 
 against vendor or manufacturer. 
 L.R.A.1915C, 336. 
 
 Damages from personal injuries. L.R.A. 
 1915C, 336. 
 
 Damages from the inferiority of the 
 goods. L.R.A.1915C, 338. 
 
 § 3. — to employer. 
 
 Right of employer to indemnity under work- 
 men's compensation acts from third 
 person whose negligence causes the in- 
 jury. L.R.A.1916A, 102, 225. 
 
 § 4.^ — to municipality. 
 
 In case of injury on highway, see High- 
 ways, § 95. 
 
 Right of municipality to recover indemnity 
 from one for whose tort it has been 
 held liable. L.R.A.1916F, 86. 
 
 ♦ «» 
 
 INDEMNITY BONDS. 
 
 See Bonds, II. 
 
 *—*■ 
 
 INDEMNITY INSURANCE. 
 
 See Insurance, X. 
 
 INDEPENDENT CONTRACTOR. 
 
 Employer's liability for acts of, see Master 
 AND Servant, IV. b. 
 
 INDEPENDENT CONTRACTOR— cont'd. 
 
 Who are independent contractors, see Mas- 
 tee AND Servant, § 195. 
 
 Liability of, for injuries, see Master and 
 Servant, §§ 196, 197. 
 
 Liability for injury to servants of, see 
 Master and Servant, § 202. 
 
 Municipal liability for acts of, see Munici- 
 pal Cobporations, § 85. 
 
 In mine, see Mines, § 42. 
 
 As "workman" within meaning of work- 
 men's compensation act. L.R.A.1916A, 
 118, 247. 
 
 INDETERMINATE SENTENCE. 
 
 See Criminal Law, § 80a. 
 
 INDIAN RESERVATION. 
 
 Jurisdiction to punish crimes committed 
 on reservations within state limits. 
 L.R.A.1915F, 590. 
 
 INDIANS. 
 
 Begin with this book on every law question 
 
 § 1. Generally. 
 
 Voluntariness of confession made by Indian 
 to Indian agent. 50 L.R.A. (N.S.) 
 1088. 
 
 Right of Indian children to school privi- 
 leges. 50 L.R.A.(N.S.) 147. 
 
 § Z. Jurisdiction to punish crimes, 
 committed by or against. 
 
 Tribal Indians in Indian territory. L.R.A. 
 1915F, 588. 
 Exception as to United States officer. 
 
 L.R.A.1915F, 588. 
 Who are Indians. L.R.A.1915F, 589. 
 Crimes committed within a state, and not 
 upon a reservation. L.R.A.1915F, 
 589. 
 Review by United States court. L.R.A. 
 1915F, 590. 
 Crimes committed within a state and upon 
 a reservation. L.R.A.1915F, 590. 
 Crimies by Indians against Indians. 
 
 L.R.A.1915F, 590. 
 Assault with intent to rape. L.R.A. 
 
 1915F, 591. 
 Crimes committed against Indians by 
 
 non-Indians. L.R.A. 1915F,. 591. 
 Crimes by Indians against non-Indians. 
 
 L.R.A.1915F, 591. 
 Crimes against state. L.R.A.1915F, 
 592. 
 Effect of allotments. L.R.A.1915F, 592. 
 Indians who have ceased tribal relations. 
 
 L.R.A.1915F, 595. 
 Miscellaneous. L.R.A. 1915F, 596. 
 
INDEX TO NOTES. 
 
 307 
 
 INDICTMENT, INFORMATION, AND 
 COMPLAINT. 
 
 /. In general, §§ 1—9. 
 II. Formal requisites, §§ 9a— 13. 
 III. Particular offenses, §§ 13—28. 
 IT. Quashing; amendment; joinder; 
 duplicity, §§ 29—31. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Necessity for indictment, see Criminal 
 
 LAW; § 35. 
 Delay in indicting or filing information as 
 
 ground for discharge, see Criminal 
 
 Law, § 45. 
 Matters affecting grand jury, see Grand 
 
 Jury. 
 
 Necessity of alleging former conviction in 
 prosecution for crimes committed by ha- 
 bitual criminals for which penalty is 
 enhanced. 48 L.R.A.(N.S.) 205. 
 
 ■Conviction upon proof of aiding and abet- 
 ting under indictment simply charging 
 the crime without reference to aiding 
 or abetting. L.R.A.1915E, 608. 
 
 ^ 5. Charging time and place. 
 
 Allegation and proof of time in prosecu- 
 tion for keeping disorderly house. 
 49 L.R.A.(X.S.) 792. 
 Materiality of time. 49 L.E.A.(N.S.) 
 
 793. 
 SuflBciency of allegations. 49 L.R.A. 
 (N.S.) 794. 
 For purpose of showing conti- 
 nuity of offense. 49 L.R.A. 
 (N.S.) 795. 
 For purpose of showing concur- 
 rence of acts. 49 L.R.A. 
 (N.S.) 795. 
 Allegation of certain date and 
 divers other days between that 
 date and the accusation. 49 
 L.R.A. (N.S.) 796. 
 Between two dates. 49 L.R.A. 
 
 (N.S.) 797. 
 Hecital in caption. 49 L.R.A. 
 
 (N.S.) 797. 
 Miscellaneous allegations. 49 
 
 L.R.A.(N.S.) 797. 
 Whether charge of the offense on 
 several days named is bad for 
 duplicity. 49 L.R.A. (N.S.) 
 798. 
 
 % 7. Ownership. 
 
 Form of allegation of ownership or prop- 
 erty of a decedent's estate in an indict- 
 ment or information for larceny. 
 L.R.A.1916E, 785. 
 
 J§ 8. Negation of defenses or excep- 
 tions. 
 
 INegativing exceptions in statute in indict- 
 ment for commission of, or attempt to 
 commit abortion. 49 L.R.A. (N.S.) 
 583. 
 Consult also L.R.A.. Digests to date. 
 
 INDICTMENT, ETC., I.— cont'd. 
 § 8a. Surplusage. 
 
 Rejection as surplusage of matter which 
 tends to negative offense otherwise 
 stated. 47 L.R.A. (N.S.) 679. 
 
 § 9. Consolidated trials. 
 
 Consolidated trial upon several indictments 
 against the same defendant. 47 L.R.A. 
 (N.S.) 955. 
 
 II.- Formal requisites. 
 
 §12. Verification. 
 
 Necessity of verifying information. L.R.A. 
 1915B, 651. 
 At common law. L.R.A.1915B, 652. 
 Under constitutional or statutory pro- 
 visions. L.R.A.1915B, 652. 
 4th Amendment to United States 
 Constitution, and similar con- 
 stitutional provisions. L.R.A. 
 1915B, 652. 
 Oklahoma Constitution and stat- 
 utes. L.R.A.1915B, 653. 
 Missouri statutes. L.R.A.1915B, 
 
 654. 
 Texas Constitution and statutes. 
 
 L.E.A.1915B, 657. 
 Miscellaneous statutes. L.R.A. 
 1915B, 657. 
 Sufficiency of oath of office, where an 
 oath is required by law. L.R.A. 
 1915B, 658. 
 Amended information. L.R.A.1915B, 
 660. 
 
 III. Particular offenses. 
 
 § 13. Generally. 
 
 Indictment for rape of female of unsound 
 
 mind. L.R.A.1916F, 748. 
 Indictment for illicit cohabitation. L.R.A. 
 1916C, 669. 
 
 § 16a. Disorderly houses. 
 
 Allegation of time in prosecution for keep- 
 ing disorderly house. 49 L.R.A. (N.S.) 
 792. 
 
 § 19. False pretenses. 
 
 Use of term "confidence game" or similar 
 term in statute or indictment to de- 
 scribe offense. L.R.A.1916F, 684. 
 
 g 21. Homicide. 
 
 Conviction of lower or different degree in 
 
 prosecution for homicide. 43 L.R.A. 
 
 (N.S.) 813. 
 For homicide in commission of, or attempt 
 
 to commit, abortion. 49 L.R.A. (N.S.) 
 
 583. 
 
 § 22. Intoxicating liquors. 
 
 Use of disjunctive "or" in charging kind or 
 
 quality of liquor sold. 51 L.R.A. 
 
 (N.S.) 133. 
 
 General rule. 51 L.R.A. (N.S.) 133. 
 
 Synonymous words. 51 L.R.A. 
 
 (N.S.) 135. 
 Negative averments. 51 L.R.\. 
 (N.S.) 136. 
 
308 
 
 INDEX TO NOTES. 
 
 INDICTMENT, ETC., III.— cont'd. 
 
 Unnecessary or immaterial averments. 
 51 L.R.A,(N.S.) 136. 
 Eflfect of statute authorizing alter- 
 native averments. 51 L.R.A. 
 (N.S.) 136. 
 
 § 23. Larceny. 
 
 Allegations of ownership of property of 
 married woman in indictment for lar- 
 ceny. 3 B. E. C. 779. 
 Form of allegation of ownership of prop- 
 erty of a decedent's estate, in an in- 
 dictment or information for larceny. 
 L.R.A.1916E, 785. 
 Sufficiency of description of property in an 
 indictment or information for 
 larceny. L.II.A.1915B, 71. 
 In general. L.E.A.1915B, 72. 
 Under statute. L.E.A.1915B, 78. 
 
 Express statutes. L.II.A.1915B, 
 82. 
 
 § 27a. Prostitution. 
 
 Indictment for violation of congressional 
 "white slave traffic act." L.E.A.1915A, 
 869. 
 
 § 27b. Receiving stolen property. 
 
 Sufficiency of description of property in an 
 indictment or information for receiv- 
 ing stolen property. L.E.A.191,5B, 83. 
 
 IV. Quashing; amend)nent; joinder; 
 duplicity. 
 
 § 29. Quashing. 
 
 Eaising objection of duplicity by motion to 
 
 quash. 49 L.E.A.(N.S.) 454. 
 Jiffect on conviction of failure to give ac- 
 cused an opportunity to plead after mo- 
 tion to quash. 45 L.E.A.(N.S.) 667. 
 Improper evidence as ground for quashing 
 indictment. 47 L.E.A.(N.S.) 1207. 
 General rule. 47 L.R.A. (N.S.) 1207. 
 Where only part of evidence is im- 
 proper. 47 L.R.A.(N.S.) 1209. 
 In general. 47 L.R.A. (N.S.) 1209. 
 Testimony of incompetent witness. 
 • 47 L.R.A.(N.S.) 1210. 
 Where accused compelled to testify 
 against himself. 47 L.E.A.(N.S.) 
 1210. 
 New York rules. 47 L.E.A.(N.S.) 1211. 
 
 g 30. Correction; amendment. 
 
 Effect upon prisoner's rights of necessity of 
 amendment of charge upon .which he 
 was extradited. 47 L.E.A.(N.S.) 807. 
 
 Effect on conviction of failure to give ac- 
 cused an opportunity to plead after 
 amendment of indictment. 45 L.E.A. 
 (N.S.) 667. 
 
 § 31. Joinder; duplicity. 
 
 How and when objection of duplicity is to 
 
 be made. 49 L.E.A. (N.S.) 453. 
 
 Before verdict. 49 L.R.A. (N.S.) 454. 
 
 Demurrer. 49 L.E.A. (N.S.) 454. 
 
 Motion to quash. 49 L.R.A. (N.S.) 
 
 454. 
 
 49 
 
 INDICTMENT, ETC., lY.— cont'd. 
 
 Election; nolle prosequi 
 
 L.R.A.(N.S.) 455. 
 After verdict. 49 L.R.A. (N.S.) 455. 
 Curing by verdict, generally. 49 
 
 L.R.A.(N.S.) 455. 
 Motion for arrest. 49 L.R.A. 
 
 (N.S.) 456. 
 Motion for new trial. 49 L.R.A. 
 
 (N.S.) 457. 
 On appeal. 49 L.R.A. (N.S.) 457. 
 
 *** 
 
 INDIGENT PERSONS. 
 
 See PooB AND PooB Laws. 
 
 ■♦«» 
 
 INDORSEMENT. 
 
 Of note, see Bills and Notes, III. 
 Of check, see Checks, § 6. 
 
 INDUI.GENCE. 
 
 Discharge of surety by indulgence to prin- 
 cipal, see Peikoipal and Sobety, § 15. 
 
 INDUSTBIAI, DISEASES. 
 
 See Occupational Diseases. 
 
 ♦-•-♦ 
 
 INDUSTRIAL INSURANCE. 
 
 See Woekmen's Compensation. 
 
 ■> » » 
 
 INDUSTRIAL LIFE INSURANCE. 
 
 "Facility of payment" clause iu industrial 
 life policies. L.R.A.1916E, 461. 
 
 INEBRIETY. 
 
 See Drunkenness. 
 
 ♦-•-• 
 
 INEFFICIENT MANAGEMENT. 
 
 Treatment of cost of, in estimating return 
 of a public service corporation for rate- 
 making purposes. 52 L.E.A. (N.S.) 51. 
 
 Begin with, this hook, on every law question. 
 
 INEVITABLE ACCIDENT. 
 
 Effect of, on carrier's liability, see Caekiebs, 
 
 § 111. 
 See also Act op God. 
 
INDEX TO NOTES. 
 
 309 
 
 IN EXTREMIS. 
 
 Testamentary capacity of person executing 
 will in extremis. L.E.A.1915A, 452. 
 
 INFANTS. 
 
 /. Jm general, §§ 1—5. 
 II. Custody; support, §§ 6—13, 
 
 a. Custody of, §§ 6—10. 
 
 b. Support and protection of, §§ 
 
 11-13. 
 III. Capacity and disabilities; con- 
 tracts; liabilities, §§ 14r-34t. 
 
 a. In general, §§ li, 15. 
 
 b. Contracts, §§ 16—23. 
 
 1. In general, §§ 16—19. 
 
 2. Affirmance; disaffirmance, 
 
 §§ 20-23. 
 
 c. Liability for torts, §-2i. 
 
 IT. Property and conveyance of same, 
 §§ 25-29. 
 V. Actions by or against; judgments, 
 §§ 30-36. 
 
 a. In general, §§ 30—34. 
 
 b. Judgments, §§ 35, 36. 
 
 TI. Liability for icilling or injuring 
 child, §§ 37-4:1. 
 
 a. In general, §§ 37—39. 
 
 b. Contributory negligence, § 40. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Abduction of, see Abduction and Kidnap- 
 ping. 
 
 Constitutionality of statutes as to, see Con- 
 stitutional Law, § 45. 
 
 Domicil of, see Domicil and Residence, § 2. 
 
 Enticement of, see Enticing. 
 
 Confession by, see Evidence, § 210. 
 
 Admissibility of declarations of, see Evi- 
 dence, § 218. 
 
 Guardian for, see Guardian and Ward. 
 
 Insurance on life of, see Insurance, § 37. 
 
 Statutes establishing juvenile courts, see 
 Juvenile Courts. 
 
 Adoption of, see Parent and Child, § 16. 
 
 Relation of, to parent generally, see Par- 
 ent AND Child. 
 
 Rape of female infant, see Rape, § 3. 
 
 As pupils, see Schools. 
 
 Validity of statutes establishing juvenile 
 courts. 45 L.R.A.(N.S.) 908. 
 
 Right of stranger to action to appear as 
 amicus curiae to protect interests of 
 infants. 44 L.R.A. (N.S.) 1182. 
 
 Liability on liquor dealer's bond for permit- 
 ting minors to enter saloon. L.R.A. 
 1916E, 275. 
 
 Liability of one who sells dangerous in- 
 strumentalities to child in violation 
 of statute or ordinance for injury in- 
 flicted thereby upon child or third per- 
 son. L.E.A.1915C, 460. 
 
 § 2. Child labor. 
 
 Statutes as to employment of children, see 
 Master and Servant, § 12. 
 Consult also L.R.A. Digests to date. 
 
 INFANTS, I.— cont'd. 
 
 Injury to minor employee, see Master and 
 Servant, §§ 50, 55, 122, 124. 
 
 § 3. Ejection for nonpayment of fare 
 of. 
 
 Ejection of custodian for nonpayment of 
 child's fare. L.R.A.1915E, 313. 
 
 II. Custody; support. 
 
 a. Custody of. 
 
 § 6. Generally. 
 
 In case of divorce, see Divorce and Separa- 
 tion, §§ 55, 56. 
 
 Conclusiveness of habeas corpus decree as 
 to, see Judgment, § 26. 
 
 Exacting bond for production of child as 
 condition of awarding custody to one 
 parent as against other. L.R.A.1915A, 
 576. 
 
 What amounts to enticement of minor child 
 from custody. 48 L.R.A. (N.S.) 1001. 
 
 Taking of child, by or at instance of one 
 parent from custody of other parent 
 as kidnapping. L.R.A. 1915B, 189. 
 
 Homicide or assault to prevent one from 
 taking a child. L.R.A.1915A, 73. 
 
 b. Support and protection of. 
 
 § 11. Generally. 
 
 In case of divorce, see Divorce and Sepa- 
 ration, § 57. 
 
 Recovery by mother against father for 
 money expended in support of children. 
 L.R.A.1915A, 1137. 
 
 § 13. Criminal liability for lack of. 
 
 Eflfect of failure to provide medical attend- 
 ance to render one guilty of manslaugh- 
 ter. 45 L.R.A.(N.S.) 559. 
 
 Criminal responsibility of parent for fail- 
 ure to support child where support is 
 furnished by others. L.R.A.1915A, 
 564. 
 
 III. Capacity and. disabilities; con- 
 tracts; liabilities. 
 
 a. In general. 
 
 §14. Generally. 
 
 Actions and judgments by or against, soe 
 infra, V. 
 
 Criminal liability of children, see Criminal 
 Law, § 7. 
 
 Estoppel of infant by fraud or misrepre- 
 sentation, see Estoppel, § 29. 
 
 Guardianship of, see Guardian and Ward. 
 
 Effect of infancy on running of limitations, 
 see Limitations of Actions, § 47. 
 
 Competency of, as witnesses, see Witnesses, 
 § 13. 
 
 § IS. Marriage; emancipation. 
 
 Conflict of laws as to marriage of. 43 
 
 L.R.A.(N.S.) 357. 
 Validity of marriage of person of nonage. 
 
 L.R.A.1916C, 740. 
 
310 
 
 INDEX TO NOTES. 
 
 INFANTS, III. a.— cont'd. 
 
 Parent's statutory right of action for death 
 
 of emancipated child. L.R.A.1916E, 
 
 122. 
 
 6. Contracts. 
 1. In general, 
 
 § 16. Generally. 
 
 Estoppel of infant by ihisrepresentations as 
 to age, see Estoppel, § 29. 
 
 Injunction to prevent infant from breach- 
 ing contract made by or for him. 
 L.R.A.1916E, 686. 
 Conflict of laws as to capacity to contract 
 in relation ,to real property. L.E.A. 
 1916A, 1039. 
 Guardian's consent as affecting infant's 
 
 contract. L.R.A.1915C, 362. 
 Consent of infant or his guardian, commit- 
 tee, or agent to a license for the sale 
 of intoxicating liquors. L.R.A.1916D, 
 819. 
 Validity of settlement between guardian 
 and ward out of court. L.R.A.1916E, 
 893. 
 Infants as lessees. 47 L.R.A.(N.S.) 543. 
 Liability of infant lessee for rent. 47 
 
 L.R.A.(N.S.) 544. 
 Infant's recovery back of rent paid. 47 
 
 L.R.A.(N.S.) 546. 
 
 Possession after majority as affirmance. 
 
 47 L.R.A.(N.S.) 547, 
 
 Holding over after original term. 
 
 47 L.E.A.(N.S.) 548. 
 
 Lodging as a necessary. 47 L.R.A. 
 
 (N.S.) 548. 
 Miscellaneous. 47 L.R.A. (N.S.) 549. 
 
 § 18. Necessaries. 
 
 Furnished to married woman, see Husband 
 AND Wife, §§ 7, 8. 
 
 § 19. — ■wh.a.t are. 
 
 Liability for legal services. 44 L.R.A. 
 (N.S.) 411. 
 Enforcing or protecting civil rights. 44 
 L.R.A.(N.S.) 411. 
 Action for personal injury or death. 
 
 44 L.R.A.(N.S.) 412. 
 Breach of promise. 44 L.R.A. 
 
 (N.S.) 412. 
 Enforcing or protecting property 
 rights. 44 L.R.A. (N.S.) 413. 
 Protection of personal liberty. 44 
 L.E.A.(N.S.) 415. 
 
 2. Affirmance; disaffirmance. 
 
 § 20. Affirmance. 
 
 Possession after majority as affirmance of 
 lease by infant. 47 L.R.A. (N.S.) 
 547. 
 Holding over after original term. 47 
 L.R.A.(N.S.) 548. 
 
 § 21. Disaffirmance. 
 
 Rights and remedies of parties to condi- 
 tional sale to infant. 52 L.R.A. (N.S.) 
 723. 
 
 Begin ivith tliis hoolz on every law question. 
 
 INFANTS, III. b, 2— cont'd. 
 § 22. — right to disaffirm. 
 
 Survival of infant's right to disaffirm eon- 
 tract. 43 L.R.A.(N.S.) 714. 
 Right of infant to disaffirm contract or 
 conveyance before majority. 51 
 L.R.A.(N.S.) 28. 
 Contracts relating to person or per- 
 sonal property of infant. 51 
 L.R.A.(N.S.) 28. 
 Contracts relating to real property of 
 infant. 51 L.R.A. (N.S.) 31. 
 Executory contracts. 51 L.R.A. 
 
 (N.S.) 31. ■ 
 Executed contracts. 51 L.R.A. 
 (N.S.) 31. 
 Deeds. 51 L.R.A.(N.S.) 31. 
 Leases. 51 L.R.A. (N.S.) 32. 
 Mortgages. 51 L.R.A.(N.S.) 
 32. 
 
 § 23. — essentials to disaffirmance. 
 
 On disaffirmance by infants of conditional 
 sale contract. 52 L.E.A. (N.S.) 723. 
 
 c. Liability for torts. 
 
 § 24. Generally. 
 
 Estoppel of infant by fraud in misrepre- 
 senting age, see Estoppel, § 29. 
 
 Liability of parent for tort committed by 
 infant, see Parent and Child, § 10. 
 
 Responsibility of infant for tort of his serv- 
 ant or agent. 51 L.R.A. (N.S.) 1092. 
 
 IT. Property and conveyance of same. 
 
 § 25. Generally. 
 
 Liability of estate of infant for funeral ex- 
 penses. 52 L.R.A. (N.S.) 1155. 
 
 Effect of statutes relating to infants on 
 descent of ancestral estates. L.R.A. 
 1916C, 926. 
 
 § 27. Sale or lease of. 
 
 Effect of sale of lands of infants on descent 
 of ancestral estates. L.R.A.1916C, 
 910. 
 Power to lease, or to authorize a lease of, 
 infant's lands beyond his minor- 
 ity or the guardianship. L.R.A. 
 1916F, 499. 
 Power of court. L.R.A.1916F, 500. 
 
 T. Actions iy or against; judgments, 
 a. In general. 
 
 g 30. Generally. 
 
 Interruption of statute of limitations by in- 
 fancy of one succeeding to original 
 owner's interest. 3 B. R. 0. 741. 
 
 Waiver in case of infant of privilege as to 
 communications between physician and 
 patient. 48 L.R.A. (X.S.) 420. 
 
 Statutory right of action for death of par- 
 ent. L.R.A,1916E, 129. 
 Adult child. L.R.A.1916E, 176. • 
 
 Abandonment of child as affecting right to 
 recover damages for negligent killing 
 of father. L.R.A.1916C, 806. 
 
INDEX TO NOTES. 
 
 311 
 
 INFANTS, V. a— cont'd. 
 § 31. Hour represented. 
 
 Eight of stranger to action to appear aa 
 amicus curiae to protect interests of 
 infants. 44 L.R.A.(N.S.) 1182. 
 
 § 32. — guardian ad litem or next 
 friend. 
 
 Necessity of guardian or next friend for 
 
 infant in bastardy proceedings. 52 
 
 L.R.A.(N.S.) 799. 
 On behalf of defendant. 52 L.E.A. 
 
 (N.S.) 799. 
 On behalf of complainant. 52 L.R.A. 
 
 (N.S.) 800. 
 
 J). Judgments. 
 
 § 3&. Generally. 
 
 Right to open default as affected by char- 
 acter of defense. L.R.A.1916F, 857. 
 
 TI. Liability for Tcilling or injuring 
 child. 
 
 a. In general. 
 
 § 37. Generally. 
 
 While in highway, see Highways, § 59a. 
 
 Master's liability for injury to minor serv- 
 ant, see Master and Servant, §§ 50, 
 51, 55, 122, 124. 
 
 Negligence toward, generally, see Negli- 
 gence, I. b, 3, (b), (2). 
 
 Proximate cause of injury to, see Proximate 
 Cause, § 16. 
 
 Negligence toward infant on railroad track, 
 see Rajxkoads, § 51. 
 
 Prenatal injury to, as ground of action. 
 45 L.R.A.(N.S.) 625. 
 
 Liability of owner of vehicle for injury to 
 child invited to ride by driver. 46 
 L.R.A.(N.S.) 199. 
 
 Liability of master where servant invites 
 or permits children to ride on engine 
 or cars. L.E.A.1915E, 888. 
 
 Duty _in stringing electric wires to guard 
 against danger to children. 43 L.R.A. 
 (N.S.) 137. 
 
 Doctrine of attractive nuisance as applied 
 to road vehicles. 50 L.R.A. (N.S.) 1147. 
 
 Liability of one who sells dangerous instru- 
 mentalities to child in violation of stat- 
 ute or ordinance for injury inflicted 
 thereby upon child. L.E.A.1915C, 460. 
 
 Liability of lessor for injury to trespassing 
 child. L.R.A.1916r, 1135. 
 
 § 38. While on train or street car. 
 
 Carrier's liability for injury to children on 
 cars, see Carriers, § 55. 
 
 g 39. Right of action for death of. 
 
 Parent's right of action for death, see 
 Death, § 9. 
 
 Instances of excessive or inadequate dam- 
 ages for death of child. L.R.A.1916C, 
 870. 
 
 May parent's recovery for death of minor 
 child extend beyond his minority. 48 
 L.R.A.(N.S.) 687. 
 Consult also L.R.A. Digests to date. 
 
 INFANTS, Yl.— cont'd. 
 
 b. Contributory negligence, 
 
 § 40. Generally. 
 
 Contributory negligence of minor employees, 
 see Master and Servant, § 124. 
 
 Contributory negligence of children, gen- 
 erally, see Negligence, § 36. 
 
 Personal contributory negligence of child 
 riding in vehicle driven or controlled 
 by parent. L.R.A.1915E, 230. 
 
 Degree of care required of children in de- 
 fective street. 48 L.R.A. (N.S.) 631. 
 
 Negligence of child injured by trains or cars 
 operated longitudinally along public 
 street. 49 L.R.A. (N.S.) 686. 
 
 Contributory negligence in attempting to 
 cross a train standing on a crossing. 
 50 L.R.A. (N.S.) 1013. 
 
 INFECTION. 
 
 Infectious diseases, see Contagious Dis- 
 eases. 
 
 Recovery under workmen's compensation 
 act for loss of eye through infection. 
 L.R.A.1916A, 326. 
 
 « » » 
 
 INFECTIOUS DISEASES. 
 
 See Contagious Disease. 
 
 *-»-♦ 
 
 INFIRM PERSONS. 
 
 Duty of carrier towards, see Carriers, § 39. 
 As to sickness, see Sickness. 
 
 INFORMATION. 
 
 See Indictment, etc. 
 
 •-•-♦ 
 
 INFRINGEMENT. 
 
 Of patent, see Patents, IV. 
 
 Of trademark, see Trademarks, §§ 10, 11. 
 
 Of tradename, see Tradenames, § 7. 
 
 INGREDIENTS. 
 
 Evidence as to results of use of substance 
 upon issue as to breach of warranty as 
 to ingredients. L.R.A.1915D, 875. 
 
 INGRESS. 
 
 See Access. 
 
312 
 
 INDEX TO NOTES. 
 
 INHERITANCE. 
 
 In general, see Descent and Disteibution. 
 Tax on, see Taxes, VI. 
 
 INHERITANCE TAX. 
 
 See Taxes, VI. 
 
 INHUMAN TREATMENT. 
 
 As ground for divorce, see Divobce and Sep- 
 AEATION, § 25. 
 
 INITIAL CARRIER. 
 
 liability of, see Cahriebs, § 98. 
 
 INITIALS. 
 
 Sufficiency of initials as signature by testa- 
 tor. L.K.A.1915D, 904. 
 
 INITIATION. 
 
 Irregularities attending admission to mem- 
 bership in order as affcctiiig action on 
 benefit certificate. 49 L.R.A.(N.S.) 
 902. 
 
 INITIATIVE. 
 
 See Initiative, Eepebendtjm, and Becall, 
 § 1. 
 
 INITIATIVE, REFERENDUM, 
 RECALL. 
 
 AND 
 
 § 1. Initiative and referendum. 
 
 Scope and definitions. 50 L.E.A.(N.S.) 196. 
 Constitutionality of principle. 50 L.R.A. 
 (N.S.) 197. 
 As applied to municipalities. 50 L.R.A. 
 (N.S.) 198. 
 Necessity of legislation to carry constitu- 
 tional provisions into effect. 50 
 L.R.A.(N.S.) 198. 
 Statutes limiting and defining scope. 
 50 L.E.A.(N.S.) 200. 
 As applied to municipal matters. 50 L.R.A. 
 (N^S.) 200. 
 Power *to exercise. 50 L.R.A. (N.S.) 
 200. 
 Under particular constitutional 
 and statutory provisions. 50 
 L.R.A.(N.S.) 202. 
 Begin roith this hook on every law question 
 
 50 L.R.A. 
 50 L.K.A. 
 
 50 L.R.A. 
 
 50 L.R.A. 
 
 50 L.R.A. 
 
 INITIATIVE, ETC.— con.*'d. 
 What acts are subject. 
 (N.S.) 203. 
 Administrative matters. 
 (N.S.) 204. 
 To what bodies applies. 50 L.R.A. 
 (N.S.) 204. 
 Application of existing constitutional pro- 
 visions to initiative and referendum 
 enactments. 50 L.R.A. (N.S.) 204. 
 Constitutional amendments. 50 L.R.A. 
 
 (N.S.) 205. 
 Legislation. 50 L.R.A. (N.S.) 206. 
 
 Carrying into effect initiative and 
 referendum powers. 50 L.R.A. 
 (N.S.) 207. 
 Power of governor to veto. 50 L.R.A. (N.S.) 
 
 208. 
 Power of legislature to repeal or amend. 50 
 
 L.E.A.(N.S.) 208. 
 Matters peculiar to initiative. 
 (N.S.) 209. 
 When bill takes effect. 
 (N.S.) 209. 
 Matters peculiar to referendum. 
 (N.S.) 210. 
 Effect upon legislative enactments. 50 
 L.R.A.(N.S.) 210. 
 When takes effect. 50 L.R.A. 
 
 (N.S.) 210. 
 Suspension by filing of referendum 
 petition. 50 L.E.A.(N.S.) 210. 
 Laws excepted from operation of refer- 
 endum. 50 L.R.A.(N.S.) 211. 
 Laws carrying into effect initiative 
 and referendum provisions. 50 
 L.R.A.(N.S.) 211. 
 Laws necessary for preservation of 
 public peace, health, or 
 safety. 50 L.R.A. (N.S.) 
 212. 
 Who determines what laws are 
 within exeception. 50 
 L.R.A.fN.S.) 212. 
 Effect of legislative determi- 
 nation. 50 L.E.A.(N.S.) 
 212. 
 How such laws are 
 50 L.R.A.(N.S.) 213. 
 Other laws excepted. 50 L.E.A. 
 (N.S.) 213. 
 Who determines. 50 L.R.A. 
 
 (N.S.) 213. 
 What laws are excepted. 50 
 L.R.A.(N.S.) 213. 
 Laws subject to a special refer- 
 endum. 50 L.R.A. (N.S.) 214. 
 Laws which have been excepted by 
 the legislature. 50 L.R.A. 
 (N.S.) 214. 
 Publication. 50 L.R.A. (N.S.) 214. 
 Remedies. 50 L.R.A. (N.S.) 214. 
 
 Who may maintain. 50 L.R.A. (N.S.) 
 
 214. 
 Injunction. 50 L.R.A.(N.S.) 215. 
 Mandamus. 50 L.R.A. (N.S.) 216. 
 Jurisdiction of supreme court. 50 
 
 L.R.A.(N.S.) 217. 
 Time for bringing action. 50 L.R.A. 
 
 (N.S.) 218. 
 Right to appeal. 50 L.R.A. (N.S.) 
 218. 
 
INDEX TO NOTES. 
 
 313 
 
 INITIATIVE, KTC— cont'd. 
 Matters relating to practical exercise of 
 the power. 50 L.R.A.(N.S.) 218. 
 Petition. 50 L.R.A.(N.S.) 218. 
 
 Form and contents. 50 L.R.A. 
 
 (N.S.) 218. 
 Conflict between petition and pam- 
 phlet. 50 L.E.A.(N.S.) 219. 
 Failure to submit to city attor- 
 ney. 50 L.R.A.(N.S.) 219. 
 How petition adopted. 50 L.R.A. 
 
 (N.S.) 219.^ 
 Right to amend. 50 L.R.A. (N.S.) 
 
 219. 
 Separate sheets. 50 L.R.A. (N.S.) 
 220. 
 Filing. 50 L.R.A.(N.S.) 220. 
 
 With whom to file. 50 L.R.A. 
 
 (N.S.) 220. 
 When petitioner's duty ends. 50 
 
 L.R.A.(N.S.) 220. 
 What is a filing. 50 L.R.A. (N.S.) 
 
 221. 
 Time of filing. 50 L.R.A. (N.S.) 
 221. 
 Signing. 50 L.R.A.(N.S.) 221. 
 
 Withdrawal of names. 50 L.R.A. 
 (N.S.) 223. 
 Who determines suflBcieney of petition. 
 50 L.E.A.(N.S.) 223. 
 What is sufficient notice of pro- 
 test. 50 L.R.A.(N.S.) 224. 
 What objections may be raised. 50 
 L.R.A. (N.S.) 224. 
 Power of court. 50 L.R.A. (N.S.) 225. 
 Publication of proposed mea.sure. 50 
 
 L.R.A. (N.S.) 225. 
 Elections. 50 L.R.A. (N.S.) 225. 
 Insertion of initiative and referendum 
 enacting clause in legislative en- 
 actment. 50 L.E.A.(N.S.) 226. 
 Construction. 50 L.R.A. (N.S.) 226. 
 
 Rules of construction. 50 L.R.A. (N.S.) 
 
 226. 
 Illustrations. 50 L.R.A. (N.S.) 227. 
 
 § 2. The recall. 
 
 Constitutionality. 50 L.R.A. (N.S.) 227; 
 
 L.R.A.1916D, 1103. 
 Exclusiveness of remedy. 50 L.R.A. (N.S.) 
 
 229; L.R.A.1916D, 1103. 
 Necessity of legislation to carry constitu- 
 tional provisions into effect. L.R.A. 
 1916D, 1103. 
 Enforcement. 50 L.R.A. (N.S.) 229; L.R.A. 
 1916D, 1104. 
 Mandamus. 50 L.R.A. (N.S.) 229; 
 L.R.A.1916D, 1104. 
 Who entitled to writ. 50 L.R.A. 
 (N.S.) 230; L.R.A.1916D, 
 1104. 
 Injunction. 50 L.R.A. (N.S.) 230; 
 L.R.A.1916D, 1104. 
 Operation. 50- L.R.A. (N.S.) 230; L.R.A. 
 1916D, 1105. 
 Petition. L.R.A.1916D, 1105. 
 
 Contents. L.R.A.1916D, 1105. 
 Signing. 50 L.R.A. (N.S.) 230; 
 
 L.R.A.1916D, 1105. 
 Verification. L.R.A.1916D, 1107. 
 Consult also L.R.A. Digests to date. 
 
 INITIATIVE, KTC— cont'd. 
 
 Withdrawal of names. L.R.A. 
 1916D, 1107. 
 
 Filing. L.R.A.1916D, 1107. _ 
 Conclusiveness of officer's certificate. 
 
 50 L.R.A.(N.S.)231; L.R.A.1916D, 
 
 1107. 
 Sufficiency of certificate. 50 L.R.A. 
 
 (N.S.) 231; L.R.A.1916D, 1107. 
 Statement of cause. 50 L.R.A. (N.S.) 
 
 232. 
 Duties of officer. L.R.A.1916D, 1108. 
 When recall may be had. 50 L.R.A. 
 
 (N.S.) 232; L.R.A.1916D, 1108. 
 Miscellaneous. L.R.A.1916D, 1108. 
 
 INJUNCTION. 
 
 /. In general, § 1. 
 II. Right to; when granted, §§ 2—77. 
 a. In general, §§ 3—6. 
 h. As to contracts, §§ 7—14:. 
 
 c. Against sale or transfer of 
 
 •property, § IS. 
 
 d. Illegal or tortious acts ; crimes, 
 
 §§ 16-18. 
 
 e. As to real property, §§ 19—24. 
 
 f. Nuisances, §§ 25—29. 
 
 ft.. As to corporate matters and 
 franchises; religious socie- 
 ties, §§ 34-37. 
 
 j. As to offices and elections, § 
 39. 
 
 fc. Against legal proceedings, §§ 
 40-60. 
 
 1. In general, §§ 40—46. 
 
 2. Against judgments, §§ 
 
 47-60. 
 I. Against officers or municipal- 
 ity generally; as to ordi- 
 nances, §§ 61, 62. 
 m. As to taxes, § 63. 
 n. As to streets, railroads, and 
 
 carriers, §§ 64—68. 
 o. Unfair competitibn; trade- 
 name ; trademark ; patent ; 
 copyright; trade secrets, §§ 
 69-72. 
 q. Miscellaneous, §§ 74—77. 
 ///. Mandatory and temporary injunc- 
 tions, §§ 78-80. 
 T. Procedure; bond; decree, §§ 82— 
 90. 
 
 a. In general, §§ 82—84. 
 
 b. Bona, §§ 85-87. 
 
 c. Dissolution and decree, §§ 88- 
 
 90. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Violation of, as contempt of court, see 
 Contempt, § 8a. 
 
 Effect of injunction obtained by a private 
 litigant, not a party to the contract, 
 preventing performance, as an excuse 
 for nonperformance of contract. L.R.A. 
 1916F, 75. 
 
314 
 
 INDEX TO NOTES. 
 
 INJUNCTION, I.— cont'd. 
 
 Application to suit for, of statute or ordi- 
 nance requiring notice or presentation 
 of claim as a condition of municipal 
 liability. 50 L.E.A.(N.S.) 186. 
 
 //. Bight to; when granted- 
 
 a: In general. 
 
 § 2. Generally. 
 
 Against nonresident, see Nonresidents, § 3. 
 
 § 3. Adequate remedy at lair. 
 
 Injunction against trespass to cut timber 
 where remedy at law is adequate. 43 
 L.R.A.(N.S.) 262. 
 
 § 4. Multiplicity of suits. 
 
 Injunction against trespass to cut timber 
 on ground of. 43 L.R.A.(N.S.) 262. 
 
 Jurisdiction of equity to enjoin the prose- 
 cution of a multiplicity of baseless suits 
 by diflferent individuals in a court of 
 inferior jurisdiction from which there 
 is no appeal.' 49 L.R.A. (N.S.) 496. 
 
 Equity jurisdiction to enjoin actions at 
 law by different owners to recover for 
 injuries to their land by the same neg- 
 ligent or wrongful act. L.R.A.1915f', 
 1012. 
 
 Injimction to restrain prosecution of crimi- 
 nal or quasi criminal nature to avoid 
 multiplicity of suits. L.R.A.1916C, 271. 
 
 § 5. Irreparable injury. 
 
 Injunction against trespass to cut timber 
 on ground of. 43 L.R.A. (N.S.) 262. 
 
 § Sa. Comparative injury. 
 
 In suit to enjoin nuisance, see infra, § 26. 
 
 § 6. Effect of fraud. 
 
 Power of equity to take jurisdiction of suit 
 to cancel insurance policy for fraud, or 
 to enjoin action at law on policy. 
 48 L.R.A.(N.S.) 265. 
 
 b. As to contracts. 
 
 § 7. Generally. 
 
 Injunction to prevent infant from breaching 
 contract made by or for him. L.R.A. 
 1916E, 686. • 
 Injimction against breach of contract which 
 cannot be specifically enforced. 5 
 B. JR. C. 209. 
 Enjoining a specific act. 5 B. R. G. 
 211. 
 Contract for personal services. 5 
 B.R.C. 211. 
 Containing express negative 
 covenant. 5 B. R. C. 211. 
 In absence of express negative 
 covenant. 5 B. R. C. 218. 
 Character of services. 5 B. R. C. 
 
 222. 
 
 Other contracts. 5 B. R. C. 224. 
 
 Where plaintiff's obligation 
 
 executory. 5 B. R. C. 227. 
 
 Where plaintiff has performed. 
 
 5 B. R. C. 233. 
 
 Begin with this booTc on every la%v question. 
 
 INJUNCTION, II. h—oont'd. 
 
 Comprehensive injunction against 
 "breach," 5 B. R. C. 236. 
 
 Against breach of agreement by railroad 
 company as to crossing provided for in 
 deed to railroad of right of way. 48 
 L.R.A.(N.S.) 388. 
 
 Injunction against trespass to cut timber 
 as interference with contract rights. 
 43 L.R.A.(N.S.) 268. 
 
 Injunction to protect rights of lessee under 
 parol lease which has been partly per- 
 formed. 49 L.R.A.(N.S.) 116. 
 
 § 7a. Contracts of employment. 
 
 Against disclosure of trade secrets, see 
 infra, § 72. 
 
 Injunction to prevent infant from breaching 
 contract made by or for him. L.K.A. 
 1916E, 686. 
 
 § 12. Illegal contract. ^ 
 
 Contracts in restraint of trade, see infra, 
 § 13. 
 
 Injunction to prevent infant from breaching 
 contract made by or for him. L.R.A. 
 1916E, 686. 
 
 § 13. Against engaging in competi- 
 tive business. 
 
 Remedy by injunction to restrain the viola- 
 tion of an agreement not to prac- 
 tise medicine or surgery within a 
 certain territory. L.R.A.1915B, 
 206. 
 
 General rule. L.R.A.1915B, 206. 
 
 As affected by statute. L.R.A.1915B, 
 209. 
 
 Reason for rule. L.R.A.1915B, 209. 
 
 Effect of agreement for stipulated dam^ 
 ages for breach. L.R.A.1915B, 209, 
 
 Election. L.R.A.1915B, 210. 
 
 As affected by the adequacy of the con 
 sideration. L.R.A.1915B, 210. 
 
 Where contract is unlimited as to time. 
 L.R.A.1915B, 211. 
 
 Enjoining breach of implied agreement 
 L.R.A.1915B, 212. 
 
 Right to injunction as affected by ex- 
 tent of injury. L.R.A.1915B, 212 
 
 c. Against sale or transfer of property. 
 
 § 15. Generally. 
 
 Against execution sale, see infra, § 41a. 
 
 Validity of transfer of property in violation 
 of restraining order. 50 L.R.A. (N.S.) 
 871. 
 
 Against sale of, or proposal to sell real 
 property to person, or for purpose re- 
 garded as undesirable. 44 L.R.A. (N.S.) 
 228. 
 
 d. Illegal or tortious acts; crimes. 
 
 §16. Generally. 
 
 As to nuisances, see infra, §§ 25-29. 
 Against labor organizations, see Conspiea- 
 
 CT, § 6. 
 
INDEX TO NOTES. 
 
 315 
 
 INJUNCTION, II. d— cont'd. 
 
 Injury to one's business or interests as 
 ground for an injunction against an 
 illegal business establishment not di- 
 rectly affecting other property. 45 
 L.R.A.(N.S.) 827. 
 
 Against interference with rights of ferry- 
 man. L.R.A.1916D, 834. 
 
 § IS. Crimes. 
 
 Injunction at suit of state against public 
 nuisance which is also a crime. 47 
 L.R.A.(N.S.) 673. 
 
 e. As to real property. 
 
 § 19. Generally. 
 
 Against sale or transfer, see supra, § 15. 
 Nuisances affecting, see infra, §§ 25-29. 
 As to streets, see infra, §§ 64, 65. 
 
 Injunction to protect trees on boundary 
 line. 46 L.R.A.(N.S.) 5. 
 
 Sufficiency of possessory title as a weapon 
 of offense. 46 L.R.A.(N.S.) 503, 517. 
 
 To prevent interference .by railroad with 
 crossing stipulated for in deed to rail- 
 road of right of way. 48 L.R.A.(N.S.) 
 378. 
 
 Against construction or use of crossing pro- 
 vided for in deed to railroad of right 
 of way. 48 L.R.A.(N.S.) 389. 
 
 Injunction against waste of oil or gas caus- 
 ing injury to neighboring wells. 48 
 L.R.A.(N.S.) 170. 
 
 Injunction to protect rights of lessee under 
 parol lease which has been partly per- 
 formed. 49 L.E.A. (N.S.) 116. 
 
 § 21. Trespass. 
 
 Injunction to prevent trespass of animals 
 or fowls. 48 L.R.A.(N.S.) 179. 
 
 g 23. — to cut timber. 
 
 Necessity that injury be irreparable. 43 
 L.R.A.(N;s.) 262. 
 Boxing trees for turpentine. 43 L.R.A. 
 (N.S.) 264. 
 Where trespass is continuous. 43 L.R.A. 
 
 (N.S.) 265. 
 Sufficient evidence of continuity of tres- 
 pass. 43 L.R.A. (X.S.) 266. 
 Where no trespass is yet committed. 43 
 
 L.R.A. (N.S.) 266. 
 Insolvency of defendant. 43 L.R..4.. (N.S. ) 
 
 266. 
 Nonresidence of defendant. 43 L.R.A. 
 
 (N.S.) 267. 
 Effect of privity between owner and tort- 
 feasor. 43 L.R.A. (N.S.) 267. 
 Lessor and lessee. 43 L.R.A. (N.S.) 267. 
 Contract rights. 43 L.R.A. (N.S.) 268. 
 Mortgagor and mortgagee. 43 L.R.A. 
 (N.S.) 268. 
 Where to preserve status quo pending an- 
 other suit. 43 L.R.A.(N.S.) 268. 
 Where ancillary to suit in same court. 43 
 
 L.R.A.(N.S.) 269. 
 Special statutory provisions. 43 L.R.A. 
 (N.S.) 269. 
 Constilt also L.R.A. Digests to date. 
 
 INJUNCTION, II.— cont'd. 
 
 f. Nuisances, 
 
 § 25. Generally. 
 
 In street, see infra, § 65. 
 Other remedies against nuisance, see Ntri- 
 SANCES, 11. c. 
 
 Vacancy of property as affecting right to 
 
 enjoin nuisance affecting it. 46 L.R.A. 
 
 (N.S.) 642. 
 Injunction at suit of state against public 
 
 nuisance which is also a crime. 47 
 
 L.R.A.(N.S.) 673. 
 
 § 26. Doctrine of comparative injury 
 in suit to enjoin nuisance. 
 
 Preliminary injunction. L.R.A.1916C, 
 
 1269. 
 Doctrine that injunction is discretionary, 
 
 L.R.A.1916C, 1269. 
 Doctrine that injunction is a matter of 
 
 right. L.R.A.1916C, 1269. 
 Effect of locality. L.R.A.1916C, 1269. 
 Where public convenience is involved. 
 
 L.R.A.1916C, 1270. 
 Laches of complainant. L.R.A.1916C, 1270. 
 
 § 29. Injunctions by municipal cor- 
 porations. 
 
 Right of municipality to maintain suit to 
 
 enjoin or abate a public nuisance. 
 
 L.R.A.1916D, 1020. 
 Other remedies; summary process. 
 
 L.R.A.1916D, 1021. 
 Highways. L.R.A.1916D, 1022. 
 \Vaters. L.R.A.1916D, 1025. 
 Nuisance affecting health. L.R.A. 
 
 1916D, 1025. 
 Moving picture show. L.R.A. 1916D, 
 
 1026. 
 Liquor nuisance. L.R.A.1916D, 1026. 
 
 h. As to corporate matters and fran- 
 chises; religious societies. 
 
 § 34. Generally. 
 
 Right of benevolent, fraternal or social or- 
 der to protection against use of name, 
 insignia, ritual, etc., by another organ- 
 ization. L.R.A.1915B, 1074. 
 
 j. As to offices and elections. 
 
 § 39. Generally. 
 
 As to matters connected with initiative and 
 referendum election. 50 L.R.A. (X.S.) 
 215. 
 
 In connection with recall election. 50 
 L.R.A.(N.S.) 230; L.R.A.1916D, 1104. 
 
 7c. Against legal proceedings. 
 1. In general. 
 
 § 40. Generally. 
 
 Injunction against enforcement of illegal 
 contract, see supra, § 12. 
 
 Povper of equity to take jurisdiction of 
 suit to cancel insurance policy for fraud 
 and to enjoin action at law on policy. 
 48 L.R.A.(N.S.) 265. 
 
316 
 
 INDEX TO NOTES. 
 
 INJUNCTION, II. k, 1—confd. 
 
 Equity jurisdiction to enjoin actions at law 
 by different owners to recover for in- 
 juries, to their land by the same negli- 
 gent or wrongful act. L.R.A.1915F, 
 1012. 
 
 § 41a. Against execution sales or 
 other proceedings under final 
 process. 
 
 Judgment creditor as necessary party to 
 suit to enjoin execution sale. L.R.A. 
 1915F, 1120. 
 
 § 46. Against criminal proceedings. 
 
 Injunction to restrain prosecution of crimi- 
 nal or quasi criminal nature. L.II.A. 
 1916C, 263. 
 
 In general. L.R.A.1916C, 263. 
 
 Protection of property rights generally. 
 L.R.A.1916C, 266. 
 
 Right of employment. L.R.A.1916C, 271. 
 
 Multiplicity of suits. L.R.A.1916C, 271. 
 
 Miscellaneous. L.R.A.1916C, 273. 
 
 3. Against judgments. 
 
 § 48. For irant of jurisdiction, or 
 judgments which are void. 
 
 Right of garnishee to enjoin judgment 
 against him on ground of lack of ju- 
 risdiction against principal defendant. 
 51 L.R.A.(N.S.) 601. 
 
 I. Against officers or municipality gen- 
 erally; as to ordinances. 
 
 § 61. Generally. 
 
 Power of courts to control action of execu- 
 tive oiEcers by writ of injunction. 52 
 L.R.A.(N.S.) 433. 
 
 Against state officers as action against the 
 state. 44 L.R.A. (N.S.) 189. 
 
 Right of taxpayer to enjoin removal of 
 teacher. 51 L.R.A.(N.S. ) 336. 
 
 § 61b. By citizen or taxpayer against 
 nraste or unlairfnl expenditure of 
 state funds. 
 
 Action by citizens or taxpayers sustained. 
 L.R.A.1915D, 179. 
 
 California. L.R.A.1915D, 179. 
 
 Florida. L.R.A.1915D, 179. 
 
 Hawaii. L.R.A.1915D, 179. 
 
 Illinois. L.R.A.1915D, 180. 
 
 Indiana. L.R.A.1915D, 180. 
 
 Maryland. L.R.A.1915D, 180. 
 
 Oregon. L.R.A.1915D, 180. 
 
 Pennsylvania. L.R.A.1915D, 182. 
 
 Tennessee. L.R.A.1915D, 182. 
 
 Colorado. L.R.A.1915D, 182. 
 
 Kansas. L.R.A.1915D, 182. 
 The action not allowed, L.R.A.1915D, 183. 
 
 New York. L.R.A.1915D, 183. 
 
 Louisiana. L.R.A.1915D, 183. 
 
 South Dakota. L.R.A.1915D, 183. 
 
 Washington. L.R.A.1915D. 184. 
 
 Federal cases. L.R.A.1915D, 183. 
 Unsettled or doubtful jurisdictions. L.R.A. 
 1915D, 184. 
 
 Georgia. L.R.A.1915D, 184. 
 
 Begin with this hoolc on every law question. 
 
 INJUNCTION, IL I— cont'd. 
 
 Michigan. L.R.A.1915D, 185. 
 Minnesota. L.R.A.1915D, 185. 
 North Carolina. L.R.A.1915D, 185. 
 Oklahoma, i L.R.A.1915D, 185. 
 South Carolina. L.R.A.1915D, 185. 
 West Virginia. L.R.A.1915D, 186. 
 Wisconsin. L.R.A.1915D, 186. 
 
 TH.. As to taxes. 
 
 § 63. Generally. 
 
 Injunction to prevent collection of tax on 
 excessive assessment. L.R.A. 
 
 1916A, 972. 
 
 Excess due to error. L.R.A.1916A, 972. 
 
 Excess due to fraud or intentional dis- 
 crimination. L.R.A.1916A, 974. 
 
 Adequate remedy at law. L.R.A.1916A, 
 976. 
 
 Tender of amount actually due. L.R.A. 
 1916A, 978. 
 
 Miscellaneous cases. L.R.A.1916A, 979. 
 
 n. As to streets, railroads, and carriers. 
 
 § 64. As to streets. 
 
 Interference with one's use of highway by 
 unlawful obstruction as a special dam- 
 age which will sustain an action by 
 him against the wrongdoer. L.R.A. 
 191oD, 142. 
 
 § 65. — nuisances in. 
 
 Special damage from awning or structure 
 overhanging street which will sustain 
 action by private person to enjoin it as 
 a nuisance. 48 L.R.A. (N.S.) 173. 
 
 o. Unfair competition; tradename; 
 trademark; patent; copyright; trade 
 secrets. 
 
 § 69. Generally. 
 
 Right of benevolent, fraternal or social or- 
 der to protection against use of name, 
 insignia, ritual, etc., by another organ- 
 ization. L.R.A.1915B, 1074. 
 
 Right of noncompetitor to enjoin one from 
 carrying on his business in such a way 
 as to induce the belief that it is car- 
 ried on by the plaintiff. 5 B. R. C. 
 350. 
 
 Protection of public as ground for injunc- 
 tion against misuse of trademark or 
 tradename. L.R.A.1916D, 119. 
 
 § 72. Trade secrets. 
 
 Injunction to protect trade secrets. 44 
 L.R.A.(N.S.) 1160. 
 
 q. Miscellaneous. 
 
 § 74. Generally. 
 
 Right of benevolent, fraternal or social or- 
 der to protection against use of name, 
 insignia, ritual, etc., by another organ- 
 ization. L.R.A.1915B, 1074. 
 
 Rights of public service corporation to en- 
 join rival on ground that it is operat- 
 ing without right or in excess of pow- 
 ers. L.R.A.1916B, 1087. 
 
IKJUNCTION, II. q-^ont'd. 
 
 Constitutionality of statute restricting rem- 
 edy by injunction in labor disputes. 
 L.E.A.1916F, 836. 
 
 § 76. As to fences and gates. 
 
 INDEX TO NOTES. 317 
 
 INJURY. 
 
 Personal injury, see Personal Injubies, 
 
 § 77. — spite fences. 
 
 Against spite fence. 52 L.R.A.(N.S.) 736. 
 
 III. Mandatory and temporary injunc- 
 tions. 
 
 § 78. Mandatory injunctions. 
 
 § 79. — poorer to grant. 
 
 Right to mandatory injunction to restore 
 status existing prior to violation of 
 prohibitory injunction. 47 L.R.A 
 (N.S.) 1155. 
 
 § 80. Temporary injunction. 
 
 Violation of, as contempt of court, see Con- 
 tempt, § 8a. 
 
 Doctrine of comparative injury on appli- 
 cation for preliminary injunction 
 against nuisance. L.R.A.1916C, 1269. 
 
 V. Procedure; iond; decree. 
 
 a. In general. 
 
 § 82. Generally. 
 
 When may local venue be disregarded in 
 ease of suit for injunction as ancil- 
 lary to another suit or proceedings. 
 L.R.A.1916D, 1135. 
 
 § 82a. Parties. 
 
 Judgment creditor as necessary party to 
 suit to enjoin execution sale. L.R.A. 
 1915F, 1120. 
 
 § 84. Damages for suing out. 
 
 Eight, independently of bond, to recover for 
 damages caused by injunction. 
 L.R.A.1916E, 1282. 
 Malicious prosecution. Ii.R.A.1916E, 
 
 1284. 
 Elements essential- to malicious prose- 
 cution. L.R.A.1916E, 1285. 
 Existence of essential elements. L.R.A. 
 1916E, 1286. 
 Want of probable cause. L.R.A. 
 
 1916E, 1286. 
 Malice. L.R.A.1916E, 1288. 
 
 6. Bond. 
 
 .-§ 85. Generally. 
 
 Liability of sureties on Injunction bond 
 where judgment is in favor of one prin- 
 cipal and against another. 51 L.E.A. 
 (N.S.) 661. 
 
 e. Dissolution and decree. 
 
 § 90. Effect and conclusiveness of de- 
 cree. 
 
 : Effect of injunction against doing of an 
 act as a defense to a criminal prosecu- 
 tion. L.E.A.1916B, 767. 
 Consult also L.R.A. Digests to date. 
 
 INNKEEPERS. 
 
 7. In general, §§ 1, 2. 
 II. What are inns or hotels, § 3. 
 III. Wlio are guests, §§ 4, 5. 
 IT. Duty and liability of innkeeper, §§ 
 6-12. 
 V. Protection of innkeeper; liens, §§ 
 
 13, 14:. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Board generally, see Board, § 1. 
 
 As to restaurants, see Eestaubants. 
 
 Serving liquors with meals by proprietor 
 of hotel or lestaurant, as a sale there- 
 of. 52 L.1{.A.(N.S.) 722. 
 
 § Z. License of; unlicensed innkeep- 
 ers. 
 
 Power to require license to keep inn. L.R.A. 
 1915B, 1097. 
 
 //. What are inns or hotels. 
 
 § 3. Generally. 
 
 Sleeping car companies as. L.R.A.1915B, 
 621. 
 
 III. Who are guests. 
 
 § 4. Generally. 
 
 Payment of expenses by third person aa 
 affecting existence of relation of inn- 
 keeper and euest. 4 B. R. C. 430. 
 
 IV. Duty and liahility of innkeeper. 
 
 § 6. Generally. 
 
 Refusal to accept or serve one as a guest. 
 52 L.R.A.(N.S.) 740. 
 At common law. 52 L.R.A. (N.S.) 740. 
 In geijeral. 52 L.R.A.(N.S.) 740. 
 "Reasonable cause" for refusing en- 
 tertainment. 52 L.R.A. (N.S.) 
 743. 
 Under statute. 52 L.R.A. (N.S.) 745. 
 
 § 7. Iiiability for loss of property. 
 
 Duty and liability of boarding-house keeper 
 or innkeeper with respect to prop- 
 erty of boarder as distinguished 
 from guest. 45 L.R.A. (N.S.) 31. 
 Degree of care required. 45 L.R.A. 
 
 (N.S.) 31. 
 Liability for loss under particular cir- 
 cumstances. 45 L.R.A. (N.S.) 
 32. 
 Property taken from room. 45 
 
 L.R.A. (N.S.) 33. 
 Property deposited in safe. 45 
 
 L.R.A.(N.S.) 34. 
 Property left for storage. 45 
 L.R.A.(N.S.) 34. 
 English courts. 45 L.R.A.(N.S.) 34. 
 
318 
 
 INDEX TO NOTES. 
 
 INNKEEPERS, IV.— cont'd. 
 
 Liability of innkeeper or boarding-house 
 
 keeper for theft from boarder. 3 B. K. 
 
 C. 316. 
 
 § 8. — for ivhat property responsible. 
 
 Effect of statute limiting innkeeper's lia- 
 bility for goods not delivered into his 
 custody. 51 L.Il.A.{N.S.) 1168. 
 
 Liability of innkeeper for loss of baggage or 
 effects of one making free use of inn. 
 L.R.A.1916E, 535. 
 
 Duty of innkeeper as to effects of one who 
 has left without intention of returning 
 as guest. L.R.A.1916F, 235. 
 
 § lO. For injuries to persons or sensi- 
 bilities of guests. 
 
 Injury by elevator, see Elbvatoes, § 5. 
 Liability of landlord for injury to guest of 
 tenant, see Landlord and Tenant, § 72. 
 
 Liability for serving unfit food. L.R.A. 
 
 1915B, 481. 
 Liability for personal injury to guest from 
 condition of inn premises. 43 
 .L.R.A.(N.S.) 657. 
 Duty of innkeeper. 43 L.R.A. (N.S.) 
 657. 
 Elevator wells. 43 L.R.A. (N.S.) 
 
 659. 
 Lack or sufficiency of railing. 43 
 
 L.R.A.(N.S.) 660. 
 Lack of sufficiency of fire protec- 
 tion. 43 L.R.A. (N.S.) 661. 
 Operation of passenger elevator. 
 
 43 L.R.A. (N.S.) 661. 
 Presumption of negligence. 43 
 
 L.R.A.(N.S.) 662. 
 Miscellaneous. 43 L.R.A.(N.S.) 
 662. 
 Contributory negligence of guest. 43 
 L.R.A.(N.S.) 663. 
 
 T. Protection of innkeeper ; liens. 
 
 § 13. Generally. 
 
 Power of legislature to enact prima facie 
 rule of evidence as to intent to defraud 
 innkeeper. L.R.A.1915G, 733. 
 
 Constitutionality of statute providing for 
 imprisonment for beating board bill. 
 L.R.A.1915B, 649. 
 
 § 14. Iden. 
 
 Right to lien on property purchased by 
 guest under conditional sale. L.R.A. 
 1915D, 1143. 
 
 INNUENDO. 
 
 Effect of innuendo on defense of truth to 
 civil action for libel or slander. 50 
 L.E.A.(N.S.) 1040. 
 
 INQUEST. 
 
 INQUEST— co»t'<?. 
 
 In lunacy proceedings, see Incompetent 
 Persons, §§ 5-7. 
 
 INSANE ASYLUM. 
 
 Privilege of records of insane asylum. 51 
 L.R.A.(N.S.) 22. 
 
 INS.^NE DELUSIONS. 
 
 As affecting testamentary capacity. L.R.A. 
 1915A, 458. 
 
 ♦ »» 
 
 INSANE PERSONS. 
 
 See Incompetent Persons; Wills, III. e. 
 
 < ■ » 
 
 INSANITY. 
 See Incompetent Persons. 
 
 *-»-*■ — — 
 
 INSIGNIA. 
 
 Right of benevolent, fraternal or social or- 
 der to protection against use of, by 
 another organization. L.R.A.1915B, 
 1074. ■ 
 
 By coroner, see Coroners. 
 
 -n^.^.*... nwS*T% f-Ti'io "hnril^ 
 
 INSOLVENCY. 
 
 Begin with this iooTc on every law question. 
 
 I. In general, §§ 1, 8, 
 II. Preferences, § 3. 
 
 III. Assets, § 4. 
 
 IV. Claims against estate, §§ 3—8. 
 
 a. In general, § 5. 
 
 b. Priorities, §§ 6—S. 
 r. Effect, §§ 9-13. 
 
 VI. Discharge and, its effect, §16. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Assignment for creditors, see AssiGNMENr 
 FOR Creditors. 
 
 Bankruptcy, see Bankruptcy. 
 
 Of bank, see Banks, VI. 
 
 Of building and loan association, see Build- 
 ing AND Loan Associations. 
 
 Of corporation generally, see Corporations,, 
 X. 
 
 Of insurance company, see Insurance, § 9. 
 
 Charge of insolvency as libel or slander, see 
 Libel and Slander, § 16. 
 
 As to receivers, see Receivers. 
 
 Set-off in case of, see Set-Ofp and Counter- 
 claim, II. e. 
 
 Title secured by insolvent purchasing goods 
 with knowledge that he cannot pay for" 
 them. 44 L.R.A. (N.S.) 16. 
 
INDEX TO NOTES. 
 
 319 
 
 INSOLVENCY, I.— cont'd. 
 
 Withdrawal from insolvent loan associa- 
 tion. 49 L.R.A.(N.S.) 1142. 
 
 Dower in land subject to purchase money 
 mortgage sold in insolvency proceedings 
 against husband. 52 L.R.A.(N.S.) 549. 
 
 //. Preferences. 
 
 § 3. Generally. 
 
 Preference by bankrupt, see Bankkuptct, 
 
 By insolvent bank, see Banks, § 40. 
 III. Assets. 
 
 § 4. What are. 
 
 Of bankrupt estate, see Bankbttpict §§ 19, 
 20. 
 
 Right of receiver of insurance company to 
 fund deposited with state official to 
 secure performance of contract. 46 
 L.R.A.(N.S.) 187. 
 
 May one be a "purchaser" for a valuable 
 consideration where nothing capable of 
 money measurement is given. 4 B. R. 
 C. 782. 
 
 IV. Claims against estate, 
 a. In general. 
 
 § 5. Generally. 
 
 Against bankrupt estate, see Bankbtjptct, 
 
 IX. 
 Set-off in case of insolvency, see SEi-OFr and 
 
 COUNTEBCLAIM, II. e. 
 
 b. Priorities. 
 
 § 6. Generally. 
 
 Priority of rights against bankrupt estate, 
 see Bankeuptct, § 12. 
 
 § 7. Of claim of United States. 
 
 Common-law priority of United States in 
 payment from assets of debtor. 46 
 L.R.A.(N.S.) 260. 
 
 S 8. Of claim of state. 
 
 Common-law priority of state in payment 
 
 from assets of debtor. 46 L.R.A. 
 
 (N.S.) 260. 
 Theorv of common-law priority. 46 
 
 iIr.A.(N.S.) 261. 
 Theorv of no common-law priority. 46 
 
 L.R.A. (N.S.) 262. 
 Statutory abrogation. 46 L.R.A. (N.S.) 
 
 262. 
 Nature of the priority. 46 L.R.A. 
 
 (N.S.) 263. 
 Devestiture. 46 L.R.A. (N.S.) 263.. 
 
 r. ^Effect. 
 
 § 9. Generally. 
 
 Effect of insolvency of corporation, see CoR- 
 
 POBATIONS, § 136. 
 Effect on right of set-off, see Set-Off and 
 
 Counterclaim, §§ 16-21. 
 Consult also L.B.A. Digests to date. 
 
 INSOLVENCY, Y.— cont'd. 
 
 Provisions in lease accelerating maturity 
 of future rents and giving lessor right 
 to take possession upon insolvency of 
 lessee as alternative or concurrent. 
 L.R.A.1916B, 1101. 
 
 As affecting assumption of debts on dissolu- 
 tion of partnership. 48 L.R.A. (N.S.) 
 548. 
 
 Effect of insolvency of defendant on right 
 to injunction against trespass to cut 
 timber. 43 L.R.A. (N.S.) 206. 
 
 Withdrawals from building and loan as- 
 sociations as affected by insolvency or 
 winding up of business. 49 L.R.A. 
 (N.S.) 1142. 
 
 Effect of insolvency of parties on right 
 of obligee to be subrogated to security 
 held by surety. L.R.A.1916C, 1075. 
 
 § 11. Of insnrer or reinsured. 
 
 Liability of reinsurer in case of insolvency 
 of original insurer. 44 L.R.A. (N.S.) 
 317. 
 
 TI. Discharge and its effect. 
 
 §16. Generally. 
 
 In bankruptcy, see Bankeuptct, X. 
 
 Right to open default judgment to let in 
 defense of. L.R.A.1916F, 857. 
 
 INSPECTION. 
 
 By stockholder of property of corporation, 
 
 see CoBPOBATiONS, § 99a. 
 In general, see Discovery and Inspection. 
 
 INSPECTOBS. 
 
 Car inspectors, see Cab Inspectors. 
 Track inspectors, see Track Inspectors. 
 
 INSTALMENT NOTES. 
 
 See Instalments, § 5. 
 
 •-•-♦ 
 
 INSTALMENTS. 
 
 § 1. Generally. 
 
 One selling on instalment plan as peddler 
 within statutory or municipal regula- 
 tions. L.R.A.1916B, 1303. 
 
 § 3. Of purchase or contract price. 
 
 Right of seller to recover contract price or 
 value of articles delivered while refus- 
 ing further deliveries for purchaser's 
 failure to pay. 43 L.R.A. (N.S.) 1009 
 
 § 5. Instalment notes. 
 
 Effect on negotiability of bill or note of 
 provision accelerating maturity for 
 failure to pay instalment. L.R.A. 
 1915B, 472. 
 
320 
 
 INDEX TO NOTES. 
 
 INSTIGATION. 
 
 To crime, see CBmiNAL Law, § 20. 
 
 INSTRUCTIONS. 
 
 On trial, see Appeal and Eeeok, § 36; 
 
 Tbial, V. 
 Master's duty to instruct servant, see Mas- 
 
 TBB AND Servant, III. a, 6. 
 
 INSULT. 
 
 Amount of damages that may be awarded 
 for insulting language. 44 L.R.A. 
 (N.S.) 1139. 
 
 « » » 
 
 INSURABLE INTEREST, 
 
 See iNSTIItANCE, IV. 
 
 INSURANCE. 
 
 /. In general, §§ 1—4. 
 II. Companies and associations; 
 rights and liaMlities of 
 members generally, §§ 5— 
 16. 
 a. In general, § 5. 
 ft. Foreign companies, §§ 6—8. 
 
 c. Insolvency and dissolution, 
 
 §§ 9, 10. 
 
 d. Various particular Icinds of 
 
 companies and associations, 
 
 §§ 11-14:. 
 
 III. Agents, officers, and hroTcers, §§ 
 
 17-33. 
 IT. Insurable interest; who may l>e 
 teneflciaries, §§ 34^35. 
 
 a. In property, §§ 24—26. 
 
 ft. In life, §§ 31-35. 
 V. Tlte policy or contract; constitu- 
 tion and by-laws, §§ 36— 
 119. 
 
 a. In general, §§ 36—40. 
 
 ft. Application generally, § 41. 
 
 c. Validity generally, §§ 43— 
 4S. 
 
 d,. Constitution, rules, and by- 
 laws, §§ 46, 47. 
 
 e. Reformation; rescission; 
 
 cancelation; surrender, §§ 
 48-54. 
 
 f. Paid, up insurance; surren- 
 
 der value; extended insur- 
 ance ; options ; endowment 
 policies, §§ 55— 58a. 
 
 g. Construction, §§ 59-62. 
 Begin with, this boolc on every law question. 
 
 INSUEANCE, y.— cont'd. 
 
 h. Warranties ; representations 
 conditions ; incontesta 
 bility, §§ 63—103. 
 1. In policies on property 
 §§ 63-89. 
 
 (a) In general, §§ 63- 
 
 65. 
 
 (b) Title ; ownership 
 
 encumbrances, §i 
 66-73. 
 
 (c) Use, care, ani 
 
 condition of prop, 
 erty, §§ 74-78. 
 
 (d) Iron-safe clause 
 
 § 79. 
 
 (e) Other insurance, 
 
 previous applica- 
 tion, § 80. 
 
 (f) Breach by tenant 
 
 or mortgagor, §§ 
 81, 82. 
 
 (g) Increase of risli 
 
 generally, § 83. 
 (h) Temporary change 
 of conditions, §§ 
 84-89. 
 S. In, life or accident poli- 
 cies, §§ 90-103. 
 
 (a) In general, §§ 90- 
 
 92. 
 
 (b) Health, habits, and 
 
 occupation, §§ 
 93-98. 
 
 (c) Previous rejection; 
 other insurance, 
 §§ 99-101. 
 
 (e) Incontestability, § 
 103. 
 i. Termination generally; sus- 
 pension, §§ 104, 105. 
 j. Forfeiture, §§ 106—108. 
 7c. Reinstatement, § 109. 
 I. Premiums; assessments; 
 
 rates, §§ 110—119. 
 
 1. In general, §§ 110, 111. 
 
 2. Payment of, §§ 112- 
 115. 
 
 3. Return of; recovery 
 back, §§ 116-118. 
 
 4. Rates, § 119. 
 VI. Transfer of policy or interest 
 
 therein, §§ 120—129. 
 a. Assignment generally, §§ 
 
 120-126. 
 ft. Change of beneficiary, §§ 
 
 127-139. 
 VII. Estoppel; waiver, §§ 130—144. 
 a. Of insured, §§ 130, 131. 
 6. Of insurer, §§ 133—144. 
 
 1. In general, §§ 133—140. 
 
 2. By agent or officer, §§ 
 141-143. 
 
 VIII. The loss and its adjustment t 
 
 remedies,, §§ 145-308. 
 a. Notice and proofs of loss or 
 
 death, §§ 145— 150. 
 ft. Submission to arbitration; 
 
 adjustment of loss, §§ 151, 
 
 152. 
 
INDEX TO NOTES. 
 
 321 
 
 INSURANCE, VIII.— cont'd. 
 
 c. Bts7cs and causes of loss, in- 
 
 jury, or death, §§ 153— 
 
 171. 
 
 1. Under policies covering 
 
 property, §§ 153— ISS. 
 
 S. Under life or accident 
 
 policies, §§ 159— 
 
 171. 
 
 (a) In general, §§ 
 
 159-169. 
 
 (b) Suicide, §§ 170, 
 
 171. 
 
 d. Extent of injury, loss or re- 
 
 covery; release, §§ 
 
 173-181. 
 1. Insurance on property, 
 
 §§ 172-176. 
 3. Insurance on persons, 
 
 §§ 177-181. 
 
 e. Interest in proceeds, §§ 
 
 183-194,. 
 1. Of insurance on prop- 
 erty, §§ 183-185. 
 3. Of insurance on persons, 
 §§ 186-194,. 
 J. Subrogation; set-off, §§ 
 
 195-198. 
 g. Contribution; prorating; ap- 
 portionment, §§ 199, 300. 
 h. Remedies; actions, §§ 201— 
 308. 
 1. In general, §§ 301— 
 
 206. 
 S. Contractual limitation of 
 time, §§ 207, 208. 
 IX. Reinsurance, §§ 309, 310. 
 X. Chiaranty policies, §§ 311—219. 
 XI. Burglary and theft insurance, 
 § 330. 
 XII. Automobile insurance, § 331. 
 XIII. Animal insurance, § 333. 
 
 I. In general. 
 
 % 1. Generally. 
 
 Conflict of laws as to, see Confliot of 
 Laws, § 8. 
 
 Sickness of insured, see Sickness, § 8. 
 
 Time in relation to insurance matters, see 
 Time, § 4. 
 
 Industrial insurance, see Wobkmbn's Com- 
 pensation. 
 
 Validity of restrictive a^eement ancillary 
 to sale of insurance agency. L.R.A. 
 1916C, 631. 
 Life insurance as assets of bankrupt. 46 
 
 L.E.A.(N.S.) 148. 
 Treatment of, as part of overhead charges 
 in public service property valuations. 
 48 L.K.A.(N.S.) 1051. 
 What constitutes insurance. 47 L.E.A. 
 (N.S.) 290. 
 Nature of insurance in general. 47 
 
 L.E.A.(N,S.) 291. 
 Specific risks and schemes. 47 L.E.A. 
 (N.S.) 292. 
 Defense of physicians. 47 L.R.A. 
 
 (N.S.) 292. 
 Securing against loss by giving 
 credit. 47 L.E.A. (N.S.) 293. 
 Consult also L.R.A. Digests to date. 
 
 INSURANCE, I.—oonfd. 
 
 Employers' indemnity. 47 L.R.A. 
 
 (N.S.) 294. 
 Fidelity of employees. 47 L.R.A. 
 
 (N.S.) 295. 
 Guarantying performance of con- 
 tracts. 47 L.R.A.(N.S.) 295. 
 Guarantying rents. 47 L.R.A. 
 
 (N.S.) 296. 
 Guarantying value of crops grown. 
 
 47 L.R.A.(N.S.) 296. 
 Accidents and thefts. 47 L.R.A. 
 
 (N.S.) 296. 
 Contracts by which individuals or firms 
 
 undertake to indemnify each 
 
 other. 47 L.E.A.(N.S.) 297. 
 Scheme for investmeni of small 
 
 sums. 47 L.R.A.(N.S.) 297. 
 Loan contracts canceled upon 
 
 death. 47 L.R.A. (N.S.) 298. 
 Bicycle insurance. 47 L.R.A. 
 
 (N.S.) 298. 
 Contracts providing for burial ex- 
 penses. 47 L.R.A.(N.S.) 299. 
 Associations providing relief for 
 
 railroad employees. 47 
 
 L.R.A.(N.S.) 299. 
 Amount payable speculative on 
 
 marriage. 47 L.R.A. (N.S.) 
 
 299. 
 Newspapers undertaking to in- 
 demnify against accident. 
 
 47 L.E.A.(N.S.) 299. 
 Payment contingent on price of 
 
 shares. ' 47 L.R.A. (N.S.) 300. 
 Against loss because of unsanitary 
 
 conditions. 47 L.R.A. (N.S.) 
 
 300. 
 Lightning rod contracts. 47 L.R.A. 
 
 (N.S.) 300. 
 Guarantying payment of labor on 
 
 goods destroyed. 47 L.R.A. 
 
 (N.S.) 301. 
 EflFect of insurance of property, or pro- 
 visions relative thereto, on passing of 
 title under contract for sale of goods 
 to be produced or manufactured. 50 
 L.R.A.(N.S.) 140. 
 Liability of bailee under special terms of 
 contract to insure subject of bailment. 
 L.R.A.1915B, 302. 
 
 § Z. Subjects of insurance. 
 
 Various particular kinds of insurance com- 
 panies and associations, see infra, II. d. 
 
 Various kinds of guaranty insurance, see 
 infra, X. 
 
 Burglary insurance, see infra, XI. 
 
 Automobile insurance, see infra, XII. 
 
 Animal insurance, see infra, XIII. 
 
 As to industrial insurance, see Workmen's 
 Compensation. 
 
 Fire insurance as a business affected with a 
 public interest. L.E.A.1915C, 1189. 
 
 § 4 Tasation. 
 
 Taxation of corporations generally, see 
 Taxes, II. e, 3. 
 
 43— '16F. 
 
 21 
 
322 
 
 INDEX TO NOTES. 
 
 INSURANCE— cont'd. 
 
 II. Companies and associations; rights 
 and liabilities of members generally. 
 
 a. In general. 
 
 § 5. Generally. 
 
 What constitutes doing an insurance busi- 
 ness. 47 L.R.A.(N.S.) 290. 
 
 * 
 h. Foreign companies. 
 
 § 6. Generally. 
 
 As to foreign corporations generally, see 
 
 COBPOKATIONS, XI. 
 
 Conflict of laws as to insurance generally, 
 see Conflict or Laws, § 8. 
 
 Laws of state of incorporation as limitation 
 on powers of insurance company. 52 
 L.R.A.(N.S.) 278. 
 
 Right of burglary and theft insurance com- 
 panies to do business in foreign states. 
 46 L.R.A.{N.S.) 563. 
 
 Laws or judgments of courts of state in 
 which insurance company is incorpo- 
 rated as binding in other states. 
 L.R.A.1916A, 770. 
 
 Failure to comply with conditions of doing 
 business in the state as defense to ac- 
 tion by company against oflBcer or 
 agent. L.R.A.1916A, 648. 
 
 o. Insolvency and dissolution. 
 
 § 9. Generally. 
 
 Right of receiver of insurance company to 
 funds deposited with state official to 
 secure performance of contracts. 46 
 L.R.A.(N.S.) 187. 
 
 d. Various particular Icinds of com- 
 panies and associations. 
 
 % 12. Assessment companies. 
 
 Right to increase rates. L.R.A.1916A, 762. 
 
 III. Agents, officers, and brolcers. 
 
 § 17. Generally. 
 
 Waiver or estoppel by, see infra, VII. b, 2. 
 
 § 19. Powers of. 
 
 Waiver or estoppel by, see infra, VII. b, 2. 
 
 JPower of insurance agent to bind insurance 
 company by insuring property in 
 which _ he is interested personally 
 or as agent, the company having 
 no notice of such interest. 49 
 L.R.A.(N.S.) 972. 
 
 Insurance on agent's property. 49 
 L.R.A.{N.S.) 972. 
 
 Insurance on property owner by con- 
 cern in which agent is stockholder. 
 49 L.R.A.(N.S.) 973. 
 
 Where insurance agent acts as agent 
 for owner of insured property. 49 
 L.R.A.(N.S.) 974. 
 
 Begin with this hooU on every law question. 
 
 INSURANCE, III.— cont'd. 
 Power of insurance agent to bind insured 
 by transferring risk from one com- 
 pany to another represented by the 
 former. 51 L.R.A.(N.S.) 539. 
 Agents employed merely to obtain in- 
 surance. 51 L.R.A. (N.S.) 539. 
 Agents authorized to keep property in- 
 sured. 51 L.R.A.(N.S.) 540. 
 Authority inferred from usage. 51 
 L.R.A.(N.S.) 541. 
 Authority of agent to agree to renew policj 
 
 in future. L.R.A.1916C, 784. 
 Power to accept cancelation of his own in- 
 debtedness in payment of premium, 
 L.R.A.1915A, 686. 
 
 g 22. Uability of. 
 
 'Failure of foreign corporation to comply 
 with conditions of doing business in 
 the state as a defense to action on 
 agent's note for uncollected premiums. 
 L.R.A.1916A, 648. 
 
 Liability of insurance agent to company for 
 failure to follow instructions. L.R.A. 
 1915A, 860. 
 
 IT. Insurable interest; who may be 
 beneficiaries, 
 
 a. In. property. 
 
 § 24. Generally. 
 
 Insurable interest in animals. 44 L.R.A. 
 
 (N.S.) 569. 
 Right to recover premiums paid on policy 
 
 which is invalid for want of insurable 
 
 interest. 3 B. R. C. 839. 
 
 § 25. Of husband in vrite's property, 
 or that in nrhich she is interested. 
 
 Husband without insurable interest unless 
 
 he has beneficial interest. 45 L.R.A. 
 
 (N.S.) 1132. 
 Insurable interest of husband where he has 
 
 beneficial interest. 45 L.R.A. (N.S.) 
 
 1133. 
 
 b. In life. 
 
 § 27. Generally. 
 
 Confiict of laws as to. 52 L.R.A.(N.S.) 
 
 279. 
 Right to recover premiums paid on policy 
 which is invalid for want of insurable 
 interest. 3 B. R. C. 839. 
 Insurable interest in life of foster child or 
 
 foster parent. 46 L.R.A. (N.S.) 779. 
 Insurance on life in favor of paramour. 47 
 L.R.A.(N.S.) 252. 
 Where there was a formal ceremony 
 and beneficiary acted in good faith. 
 47 L.R.A.(N.S.) 252. 
 Where there is no formal ceremony but 
 the beneficiary believes she is law- 
 fully married to insured. 47 
 L.R.A.(N.S.) 255. 
 Where there has been no cohabitation 
 between insured and beneficiary. 
 47 L.R.A.(N.S.) 257. 
 
INDEX TO -NOTES. 
 
 323 
 
 INSURANCE, IV. h~cont'd. 
 
 Where there is no ceremony of marriage 
 
 and cohabitation is maintained 
 
 ■with knowledge of its illegality. 
 
 47 L.R.A.(N.S.) 257. 
 Where there is a formal ceremony of 
 
 marriage, but the paramour knows 
 
 that it is in fact illegal. 47 
 
 L.R.A.(N.S.) 258. 
 Where description of beneficiary is 
 
 deemed a warranty. 47 L.R.A. 
 
 (N.S.) 259. 
 Whether paramour is a "dependent." 
 
 47 L.R.A.(N.S.) 260. 
 Insurance on life of officer of corporation 
 for benefit of the corporation. L.R.A. 
 1915F, 979. 
 
 § 30. Of betrothed wife. 
 
 As "dependent" within statute or rules de- 
 fining beneficiaries of mutual benefit 
 societies. 51 L.R.A. (N.S.) 726. 
 
 § 32. In life of parent or child or 
 other relative by blood. 
 
 Insurable interest of brother or sister in 
 other's life. 45 L.R.A. (N.S.) 982. 
 
 § 33. 'Who are dependents. 
 
 Who is a "dependent" within statute or 
 rules defining beneficiaries of mutual 
 benefit societies. 51 L.R.A. (N.S.) 726. 
 
 Adopted, foster or stepchild as "dependent." 
 L.R.A.1916B, 906. 
 
 T. The policy or contract; constitution 
 and by-laws. 
 
 a. In general. 
 
 § 36. Generally. 
 
 Contracts by foreign companies, see supra, 
 
 II. b. 
 Confiict of laws as to, see Conflict of 
 
 Laws, § 8. 
 
 Applicability of rule excluding parol evi- 
 dence to vary contract in favor of or 
 against a stranger to the contract. 
 L.R.A.1916A, 596, 608. 
 Terms and conditions of usual written 
 policy as aflfecting a claim under 
 an oral contract of insurance or 
 for damages for breach of con- 
 tract to issue policy. 48 L.R.A. 
 (N.S.) 319. 
 Where claim is on oral contract. 48 
 L.R.A.(N.S.) 320. 
 Original insurance. 48 L.R.A. 
 
 (^T.S.) 320. 
 Contract to renew. 48 L.R.A. 
 (N.S.) 321. 
 Where claim is for breach of contract 
 to issue policy. 48 L.R.A. 
 (N.S.) 322. 
 Breach of agreement to insure in 
 firp'- instance. 48 L.R.A. 
 (N.S.), 322. 
 Breach of agreement to renew. 
 48 L.R.A. (N.S.) 324. 
 Waiver or estoppel by repudiating con- 
 tract. 48 L.R.A.(N.S.) 324. 
 Consult also L.R.A. Digests to date. 
 
 INSURANCE, V. a— cont'd. 
 Effect of carriage of contraband upon ma- 
 rine insurance. 5 B. R. C. 58. 
 As affecting validity of insurajice. 
 5 B. R. C. 60. 
 May be invalid where trade in 
 contraband is prohibited by 
 local law. 5 B. R. C. 61. 
 Contraband as "lawful goods" within 
 
 meaning of policy. 5 B. R. C. 62. 
 Duty of disclosure. 5 B. R. C. 62. 
 Effect of warranty against contraband 
 
 or illicit trade. 5 B. R. C. 64. 
 Conclusiveness of decision of prize 
 court as to contraband character. 
 5 B. R. C. 65. 
 
 § 37. On life of minor. 
 
 Insurable interest of brother or sister in 
 other's life. 45 L.R.A. (N.S.) 982. 
 
 § 38. Delivery and acceptance. 
 
 Condition as to delivery of policy while 
 insured is in good health, see infra, § 
 91. 
 
 Effect of delivery to agent as delivery to 
 assured of policy containing stipula- 
 tion that it shall not become binding 
 unless delivered to assured while Id 
 good health. L.R.A.1916F, 173. 
 
 § 39. Kenewal. 
 
 Terms and conditions of usual written 
 policy as affecting a claim under an 
 oral contract to renew the policy. 48 
 L.R.A. (N.S.) 321, 324. 
 
 Validity of agreement of agent to renew 
 policy in future. L.R.A.1916C, 783. 
 Authority of agent. L.R.A.1916C, 784. 
 Remedies. L.R.A.1916C, 789. 
 
 6. Application generally. 
 
 § 41. Generally. 
 
 Warranties and representations in, see in- 
 fra, V. h. 
 
 Waiver of warranties and representations 
 in, see infra, VII. 
 
 Attaching of, to policy, see infra, § 92. 
 
 Failure to sign application as avoiding ac- 
 cident, life, or mutual benefit policy. 
 4 B. R. C. 468. 
 
 Effect of delay in passing upon application. 
 51 L.R.A.(N.S.) 873. 
 
 c. Validity generally. 
 
 § 42. Generally. 
 
 Validity of wagering policy, see supra, IV. 
 
 Failure to sign application as avoiding ac- 
 cident, life, or mutual benefit policy. 
 4 B. R. C. 468. 
 
 Effect of discrimination among insurants 
 upon the contract of insurance and ita 
 incidents. 49 L.R.A. (N.S.) 147. 
 
 Marino insurance; validity of insurance of 
 enemy property against seizure. 5 
 B. R. C. 836. 
 
 Effect of carriage of contraband on validity 
 of marine insurance policy. 5 B. R. C. 
 60. 
 
324 
 
 INDEX TO NOTES. 
 
 INSURANCE, v.— oorof d. 
 
 d. Constitution, rules, and hy-laws. 
 
 § 46. Generally. 
 
 Necessity for compliance with by-laws as to 
 payment of assessments. L.E.A.1915E, 
 153. 
 
 g 47. Change of. 
 
 Subsequent by-law excluding or reducing 
 liability in case of suicide. 46 L.R.A. 
 (N.S.) 308; L.R.A.1915D, 1095. 
 
 Retrospective by-law of Benefit association 
 in relation to beneficiaries. L.R.A. 
 1915A, 264. 
 Validity. L.R.A.1915A, 265. 
 Construction. L.R.A.1915A, 267. 
 
 Validity of l(y-law of mutual benefit society, 
 refusing to pay indemnity upon pre- 
 sumption of death from seven years' 
 absence. L.R.A.1915B, 793. 
 
 Eight of mutual benefit association to in- 
 crease rates. L.R.A.1916A, 762. 
 
 e. Reformation; rescission; cancel- 
 
 ation; surrender. 
 
 § 49. Cancelation; rescission. 
 
 Return of premium generally on, see infra, 
 § 118. 
 
 § 50. — grounds for, generally. 
 
 Power of equity to take jurisdiction of suit 
 to cancel insurance policy for fraud, 
 and to enjoin action at law on policy. 
 48 L.R.A.(N.S.) 265. 
 
 Eight of insurer to cancelation of the policy 
 in equity before loss, upon the ground 
 that it was obtained by fraud. 45 
 L.R.A.(N.S.) 222. 
 
 § 51. — conditions of, notice. 
 
 Return of premium as condition of cancela- 
 tion of insurance. L.R.A.1916F, 
 444. 
 
 Waiver. L.R.A.1916F, 446. 
 Necessity of giving mortgagee notice to 
 
 cancel policy. 45 L.R.A. (N.S.) 463. 
 Sufficiency of notice to insured of cancela- 
 tion of fire policy. 50 L.R.A. 
 (N.S.) 35. 
 
 Sufficiency of notice in general. 50 
 L.R.A.(N.S.) 35. 
 
 Where insurer is authorized to cancel 
 by giving a certain number of days' 
 notice. 50 L.R.A. (N.S.) 37. 
 
 Where policy gives right to cancel on 
 notice without specifying length of 
 time. 50 L.R.A. (N.S.) 38. 
 
 Notice after loss. 50 L.R.A. (N.S.) 39. 
 
 Effect of mistake in designating time 
 of cancelation. 50 Li.R.A. (N.S.) 
 40. 
 
 Validity of verbal notice. 50 L.R.A. 
 (N.S.) 40. 
 
 Sufficiency of signature. 50 L.R.A. 
 (N.S.) 40. 
 
 Notice to foreign corporation. 50 
 L.R.A.(N.S.) 40. 
 
 Notice by publication. 50 L.R.A. (N.S.) 
 40. 
 
 Miscellaneous. 50 L.R.A. (N.S.) 41. 
 
 Begin with this 'booTz on every lavo question. 
 
 INSURANCE, V. e— cont'd. 
 § 53. Surrender. 
 
 Surrender of policy of life insurance, in 
 ignorance of the death of the insured, 
 as subject to rescission as having been 
 made under a mistake of fact. 5 B. R. 
 C. 797. 
 
 Beneficiary's consent to surrender of policy 
 as affecting his right to question va- 
 lidity thereof. L.R.A.1915A, 872. 
 
 /. Paid up insurance; surrender value; 
 extended insurance; options; en- 
 dowment policies, 
 
 § 55. Paid-up and nonforf citing poli- 
 cies of life insurance. 
 
 Effect of failure to apply for paid-up in- 
 surance within time stipulated. 51 
 L.E.A.(N.S.) 1044. 
 
 Payment of premium by promissory note 
 as entitling insured to benefit of paid 
 up insurance. 5 B. E. C. 376. 
 
 § 56. Options of insured. 
 
 Eight of beneficiary to exercise option upon 
 default in payment of premium. 45 
 L.R.A.(N.S.) 391; L.R.A.1916P, 1246. 
 
 § 57. Cash surrender value. 
 
 Life insurance policy having cash surrender 
 
 value as assets of bankrupt. 46 L.R.A. 
 
 (N.S.) 148. 
 Payment of premium by promissory note 
 
 as completing right to surrender value. 
 
 6 B. E. C. 376. 
 
 § 58. Extended insurance. 
 
 Conflict of laws as to. 52 L.R.A. (N.S.) 283. 
 Payment of premium by promissory note as 
 
 entitling insured to extended insurance. 
 
 5 B. E. C. 376. 
 
 g. Construction. 
 
 § 59. Generally. 
 
 Conflict of laws as to. 52 L.E.A.(N.S.) 
 279. 
 
 Applicability of rule excluding parol evi- 
 dence to vary contract in favor of or 
 against a stranger to the contract. 
 L.E.A.1916A, 596, 608. 
 
 §61. Severability. 
 
 § 62. .— of insurance in same policy. 
 
 Questions affecting divisibility. 51 L.R.A. 
 
 (N.S.) 1050. 
 Gross premium. 51 L.R.A. (N.S.) 1060. 
 Entirety of risk. 51 L.R.A.(N.S.) 
 
 1053. 
 Separate valuation. 51 L.R.A. (N.S.) 
 1056. 
 
 Classes of the same kind of prop- 
 erty. 51 L.R.A.(N.S.) 1057. 
 Special language of contract. 51 
 
 L.R.A.(N.S.) 1058. 
 Extent of remaining insurable interest. 
 
 51 L.R.A.(N.S.) 1063. 
 Property included by mistake. 61 
 
 L.R.A.(N.S.) 1063. 
 Fraud. 51 L.R.A. (N.S.) 1063. 
 Statutes. 51 L.R.A. (N.S.) 1065. 
 
INDEX TO NOTES. 
 
 325 
 
 INSURANCE, V. g— cont'd. 
 
 Special kinds of contract. 51 !L.R.A.(N.S.) 
 
 1066. 
 Mutual policies. 61 L.R.A.(N.S.) 1066. 
 Open policies. 51 L.R.A.(N.S.) 1066. 
 Separate contracts. 51 L.R.A. (N.S.) 
 
 1066. 
 Kinds of property covered by policy. 51 
 
 L.R.A.(N.S.) 1066. 
 Separate buildings. 51 L.R.A. (N.S.) 
 
 1066. 
 Building and contents. 51 L.R.A. 
 
 (N.S.) 1066. 
 Fixtures and personal property. 51 
 
 L.R.A.(N.te.) 1068. 
 Diflferent classes of personal property. 
 
 5.1 L.R.A.(N.S.) 1068. 
 
 § 62a. Marine insnrance. 
 
 Risks covered by policy of, see infra, § 157. 
 Cause of loss, see infra, § 157. 
 Extent of loss, see infra, §§ 175, 176. 
 
 Waters covered by description of waters in 
 
 policy of marine insurance. L.R.A. 
 
 1915C, 408. 
 Meaning of "inland waters." L.R.A. 
 
 1915C, 408. 
 Provisions as to Atlantic coast or 
 
 ocean, L.R.A.1915C, 408. 
 Meaning of river and tributaries. 
 
 L.R.A.1915C, 409. 
 Provisions as to river and gulf waters. 
 
 L.R.A.1915C, 410. 
 Meaning of ports of bay. L.R.A.1915C, 
 
 410. 
 At certain dock. L.R.A.1915C, 410. 
 Port as including adjacent waters. 
 
 L.R.A.1915C, 410. 
 Miscellaneous. L.R.A.1915C, 411. 
 Contraband as "lawful goods" within mean- 
 ing of marine insurance policy. 5 B. 
 E. C. 62. 
 
 h. Warranties; representations; con- 
 ditions ; incontestability, 
 
 1. In policies on property. 
 
 (a) In general, 
 
 § 63. Generally. 
 
 Waiver or estoppel as to, see infra, VII. 
 In policy against loss by burglary or theft, 
 see infra, § 220. 
 
 Terms and conditions of usual written 
 policy as affecting a claim under an 
 oral contract of insurance or for dam- 
 ages for breach of contract to issue 
 policy. 48 L.R.A.(N.S.) 319. 
 
 Effect of qualifying statements or war- 
 ranties by words to "best of my knowl- 
 edge and belief," or words of like im- 
 port. 43 L.R.A.(N.S.) 431. 
 
 Liability of insurer under policy of marine 
 insurance for losses arising out of 
 state of war as affected by warranties. 
 5 B. R. C. 10. 
 
 Effect of warranty against contraband or 
 illicit trade in marine insurance policy. 
 5 B. R. C. 64. 
 Consult also L.R.A. Digests to date. 
 
 INSURANCE, V. h, 1 {a.)— cont'd. 
 Liability of insurer of vessel or cargo "war- 
 ranted free from capture." 5 B. R. 
 C. 74. 
 
 Signification of word "capture." 5 
 B. R. C. 74. 
 
 What constitutes » capture within 
 terms of insurance or warranty. 
 5 B. R. C. 75. 
 
 Sufficiency of circumstantial evidence 
 to show that loss was due to ex- 
 cepted risk. 5 B. R. C. 77. 
 
 Where the subject of the insurance is 
 lost after capture. 5 B. R. C. 77. 
 
 Where capture is a, consequence of a 
 peril insured against. 5 B. E. C. 
 80. 
 
 Where vessel is lost in endeavoring to 
 avoid seizure. 5 B. R. C. 81. 
 
 (b) Title; ownership; encumbrances. 
 
 § 66. Generally. 
 
 Effect of warranty as to ownership on liabil- 
 ity of insurer under policy of marine 
 insurance for losses arising out of state 
 of war. 5 B. R. C. 18. 
 
 Sufficiency of title of tenant to fixtures 
 placed by him on premises under agree- 
 ment for their removal. L.R.A.1915E, 
 830. 
 
 § 68. Sole and nnconditional owner- 
 ship. 
 
 Judgment as violation of provision requir- 
 ing sole and unconditional ownership. 
 50 L.R.A.(N.S.) 1164. 
 
 Outstanding contract for sale of property 
 as defeating sole and unconditional 
 ownership by vendor. 52 L.R.A. (N.S.) 
 670. 
 
 Mortgage or instrument given as security 
 as breach of condition as to sole and 
 unconditional ownership. L.R.A.1916D, 
 812. 
 
 § 69. Change of title or interest. 
 
 § 71. — hy judicial proceedings. 
 
 Judgment as change of interest or title. 
 50 L.R.A.(N.S.) 1164. 
 
 (c) Use,, care, and condition of prop, 
 erty. 
 
 % 74. Generally. , 
 
 Temporary use, see infra, §§ 85, 86. 
 Waiver or estoppel as to, see infra, VII. 
 
 Change in use or condition of mill or 
 
 factory as avoiding policy. 45 
 
 L.R.A.(N.S.) 123. 
 Change in nature of business conducted. 
 
 45 L.R.A.(N.S.) 123. 
 Change in machinery used. 45 L.R.A. 
 
 (N.S.) 125. 
 Change in use of machinery. 45 L.R.A. 
 
 (N.S.) 125. 
 Operating factory at night. 45 L.R.A. 
 
 (N.S.) 126. 
 Where unauthorized use has been 
 
 abandoned before loss. 45 L.R.A. 
 
 (N.S.) 127. 
 
326 
 
 INDEX TO NOTES. 
 
 INSURANCE, V. h, 1 (c)— cont'd. 
 § 75. Vacancy; occupancy. 
 
 Temporary vacancy, see infra, § 86. 
 
 Vacancy during change of tenants as vio- 
 lation of vacancy clause in fife 
 policies covering rented premises. 
 L.R.A.1915B, 844. 
 
 Liberal construction. L.R.A.1915B, 
 844. 
 
 Strict construction of provisions 
 against vacancy. L.R.A.1915B, 
 845. 
 
 Effect of landlord's ignorance of va- 
 cancy, or lack of control over ten- 
 ant. 1915B, 847. 
 
 Vacancy as question of law or fact. 
 L.R.A.1915B, 849. 
 
 Specific holdings. L.R.A.1915B, 849. 
 
 § 77. AVatchman. 
 
 Stipulation for watchman in policy against 
 burglary. 46 L.R.A.(N.S.) 565. 
 
 § 78. Iiocation of movable property. 
 
 Effect of provision permitting temporary 
 removal of property from place of in- 
 surance designated in policy, after a 
 permanent removal from that place. 
 L.R.A.1915D, 239. 
 
 § 78a. Prohibited articles. 
 
 Effect of provision in fire insurance policy 
 prohibiting presence of designated 
 articles on premises. 3 B. R. C. 7. 
 
 Where written and printed provisions 
 concerning prohibited articles con- 
 flict. 3 B. R. C. 9. 
 
 Meaning of "storing" and "keeping" 
 in prohibitory clauses. 3 B. R. 0. 
 21. 
 
 Construction of "kept, used, or allowed" 
 in prohibitory provisions. 3 B. R. 
 C. 28. 
 
 Presence of prohibited articles for pur- 
 pose of construction or repairs. 
 3 B. R. C. 31. 
 
 What specific articles are included in 
 prohibition. 3 B. R. C. 32. 
 
 Meaning of "building," "premises," etc., 
 where presence of articles prohib- 
 ited. 3 B. R. C. 34. 
 
 Provisions regulating lighting and 
 lighting matertals. 3 B. R. C. 36. 
 
 Want of knowledge by insured that 
 prohibited articles were on prem- 
 ises. 3 B. R. C. 40. 
 
 Effect of notice to agent of presence of 
 prohibited articles. 3 B. R. C. 43. 
 
 Effect of prohibitory provisions to sus- 
 pend or terminate policy. 3 B. R. 
 C. 46. 
 
 Judicial notice that certain articles are 
 within prohibition. 3 B. R. 0. 47. 
 
 Admissibility of evidence that prohibit- 
 ed article is usually and customa- 
 rily found on similar premises. 3 
 B. R. 0. 48. 
 
 Questions for the jury. 3 B. R. C. 50. 
 
 Miscellaneous. 3 B. R. C. 52. 
 
 INSURANCE, V. h, 1— cont'd. 
 
 (d) Iron-safe clause, 
 
 § 79. Generally. 
 
 Waiver of provision as to keeping of books 
 and vouchers in safe or safe place. 
 L.R.A.1915F, 759. 
 
 (e) Other insurance; previous a/ppli- 
 cation. 
 
 § 80. Generally. 
 
 Condition as to other applications or losses 
 in policy insuring against burglary or 
 theft. 46 L.R.A.(N.S.) 565. 
 What is concurrent insurance. 49 L.R.A. 
 (N.S.) 374. 
 Necessity that time, property, and 
 terms of policies be identical. 49 
 L.R.A.{N.S.) 374. 
 Amount of additional insurance con- 
 templated. 49 L.R.A.(N.S.) 376. 
 Miscellaneous. 49 L.R.A.(N.S.) 377. 
 
 (f) Breach by tenant or mortgagor. 
 
 § 82. By mortgagor. 
 
 Effect of breach of policy of insurance by 
 mortgagor on rights of mortgagee. 
 L.R.A.1915C, 758. 
 
 Loss payable clause. L.R.A.1915C, 759. 
 
 Union mortgage clause. L.R.A.1915C, 
 759. 
 
 (g) Increase of risTc generally. 
 
 § 83. Generally. 
 
 Temporary increase of risk, see infra, § 
 89. 
 
 Condition as to change of risk, in policy in- 
 suring against burglary or theft. 46 
 L.R.A.(N.S.) 565. 
 Effect of provision prohibiting presence of 
 designated articles on premises. 3 B. 
 R. C. 7. 
 Use of engine on farm premises as viola- 
 tion of general provision in Are 
 policy against increase of risk or 
 specific provisions relating to en- 
 gines. L.R.A.1915D, 187. 
 Provisions as increase of risk, or 
 change of risk or exposure. L.R.A. 
 19151), 188. 
 Specific provisions with reference to en- 
 gines. L.R.A.1915D, 190. 
 Miscellaneous. L.R.A.1915D, 192. 
 
 (h) Temporary change of conditions. 
 
 § 85. Use of premises. 
 
 Effect of unauthorized use of mill or 
 factory which has been abandoned be- 
 fore loss. 45 L.R.A.(N.S.) 127. 
 
 Effect of temporary presence of prohibited 
 articles on premises. 3 B. R. C. 7. 
 
 Effect of temporary keeping of prohibited 
 articles on premises which ceased be- 
 fore loss under provision against keep- 
 ing such articles. 48 L.R.A. (N.S.) 
 1222. 
 
 Begin with this hooTe on every law question. 
 
INDEX TO NOTES. 
 
 327 
 
 INSURANCE, V. h, 1 (h)— cont'd. 
 § 86. — vacancy. 
 
 Vacancy permit as waiver of previous 
 vacancy. 47 L.E.A.(N.S,) 619. 
 
 § 88. Encumbrances generally. 
 
 Effect of temporary encumbrances on prop- 
 erty which were removed before loss 
 under general provision against en- 
 cumbrances. 48 L.Il.A.(N.S.) 1222. 
 
 S 89. Increase of risk generally. 
 
 Effect of temporary condition which ceased 
 before loss, under general provision 
 against increase of risk or specific 
 provision against certain conditions. 
 48 L.R.A.(>>.S.) 1221. 
 Scope and effect of provision that the work- 
 ing of mechanics shall avoid pol- 
 icy. 44 L.R.A.(N.S.) 148. 
 Consti'uction in general. 44 L.R.A. 
 (N.S.) 148. 
 Where clause contains specific 
 limitation as to time. 44 
 L.R.A. (N.S.) 150. 
 What constitutes repairs. 44 L.R.A. 
 (N.S.) 150. 
 Character of work. 44 L.R.A. 
 (N.S.) 150. 
 Class of persons included in the term 
 "mechanics." 44 L.R.A. (N.S.) 
 151. 
 Where employment of mechanics is un- 
 known to insured. 44 L.R.A. 
 (N.S.) 151. 
 Waiver of clause. 44 L.R.A. (N.S.) 151. 
 
 3. In life or accident policies, 
 (a) In general. 
 
 § 90. Generally. 
 
 Waiver of, or estoppel as to, see infra, VII. 
 
 Date from • which the period to which a 
 defense is limited in life insurance pol- 
 icy is to be computed. L.R.A.1915F, 
 703. 
 
 Admissions or statements by assured out- 
 side of his- application as evidence 
 against his beneficiary. 49 L.R.A. 
 (N.S.) 853. 
 
 Conflict of laws as to effect of misrepresen- 
 tation in application. 52 L.R.A. (N.S.) 
 284. 
 
 Effect of qualifying statements or war- 
 ranties by words to "best of my knowl- 
 edge and belief," or words of like im- 
 port. 43 L.R.A.(N.S.) 431. 
 
 Effect of temporary violation of conditions 
 or warranties in policy of life insur- 
 ance, ceasing before loss, 50 L.R.A. 
 (N.S.) 592. 
 
 Character of residence or sojourn in pro- 
 hibited place which will avoid pol- 
 icy. L.R.A.1915F, 1056. 
 
 § 91. Condition as to delivery while 
 insured is in good health. 
 
 Waiver as to, see infra, § 140. 
 
 Consult also L.R.A.. Digests to date. 
 
 INSURANCE, V. h, 2 (a.)— cont'd. 
 Effect of stipulation in application or policy 
 of life insurance that it shall not 
 become binding unless delivered to 
 assured while in good health. 43 
 L.R.A.(N.S.) 725; L.R.A.1916F, 
 171. 
 
 Nature and validity of stipulations. 43 
 L.R.A.(N.S.) 725; L.R.A.1916F, 
 171. 
 
 Effect of assured's ill health at time of 
 application. 43 L.R.A. (N.S.) 726. 
 
 Good health'. L.R.A.1916F, 173. 
 
 Sound health. 43 L.R.A. (N.S.) 726; 
 L.R.A.1916F, 173. 
 
 Effect of incontestable clause. 43 L.R.A. 
 (N.S.) 727; L.R.A.1916F, 173. 
 
 Effect of delivery to agent as delivery 
 to assured. L.R.A.1916F, 173. 
 
 Effect of refusal to deliver because of 
 illness or death of assured. 43 
 L.R.A.(N.S.) 726; L.R.A.1916F, 
 174. 
 
 Effect of knowledge by beneficiary who 
 solicited policy of insured's ill 
 health. 43 L.R.A.(N.S.) 727. 
 
 When policy is accepted by insured. 43 
 L.R.A. (N.S.) 727. 
 
 Effect of statutes relieving policy hold- 
 ers from representations and war- 
 ranties. 43 L.R.A. (N.S.) 727; 
 L.R.A.1916F, 174. 
 Promissory note as satisfying requirement 
 
 that initial premium must have been 
 
 paid while assured was in good health. 
 
 5 B. R. C. 375. 
 
 § 91a. Condition as to autopsy. 
 
 Accident insurance; validity, construction 
 
 and effect of provision in policy as 
 
 to autopsy or examination of body 
 
 of assured. L.R.A.1915D, 1199. 
 Time for making demand for autopsy 
 
 or examination. L.R.A.1915D, 1200. 
 Upon whom demand must be made. 
 
 L.R.A.1915D, 1201. 
 By whom autopsy to be made. L.R.A. 
 
 1915D, 1201. 
 Necessity that insurance company be 
 
 notified of intended autopsy. 
 
 L.R.A.1915D, 1201. 
 Right to examine body as including 
 
 "autopsy" and "exhumation." 
 
 L.R.A.1915D, 1202. 
 Bill of discovery. L.R.A.1915D, 1203. 
 
 § 92. Attaching or referring to ap- 
 plication. 
 
 Conflict of laws as to necessity of attaching 
 application or copy thereof to policy. 
 52 L.R.A.(N.S.) 285. 
 
 (h) Health, fiabits, and occupation. 
 
 § 93. Generally. 
 
 Condition as to delivery while insured is In 
 good health, see supra, § 91. 
 
 Effect of qualifying statements or war- 
 ranties by words to "best of my knowl- 
 edge and belief," or words of like im- 
 port. 48 L.R.A.(N.S.) 714. 
 
328 
 
 INDEX TO NOTES. 
 
 INSURANCE, V. n, 2 {h)— cont'd. 
 
 Scope and effect of questions or provisions 
 as to contact with transmissible disease. 
 48 L.E.A.{N.S.) 714. 
 
 Who is engaged in the liquor business with- 
 in the meaning of an insurance con- 
 tract. '45 L.R.A.(N.S.) 1144. 
 
 What amounts to a breach of warranty as 
 to business, profession, or occupation 
 of the insured in a policy of life or 
 accident insurance. L.R.A.1916F, 1030. 
 
 Waiver of provision as to change of occu- 
 pation by continued receipt of dues. 
 L.E.A.1916F, 755. 
 
 § 95. Temporary change of occupa- 
 tion. 
 
 Effect of temporary violation of condition 
 as to occupation in policy of life in- 
 surance ceasing before loss. 50 L.E.A. 
 (N.S.) 592. 
 Accident insurance: provision for forfeiture 
 or reduction of benefits in event of 
 injury while engaged in more haz- 
 ardous occupation, or variations of 
 that provision, as applied to oc- 
 casional or temporary acts. L.R.A. 
 1915D, 312. 
 Provisions for forfeiture or reduction 
 in case of injury in any occupa- 
 tion or exposure classed as more 
 hazardous. L.R.A.1915D, 312. 
 Provision as to injury received while 
 temporarily or permanently en- 
 gaged in any occupation or expos- 
 ure to danger classed as more haz- 
 ardous. L.R.A.191SD, 317. 
 Provisions regulating recovery in case 
 of injuries while doing or perform- 
 ing any act or thing pertaining to 
 an occupation classed as more haz- 
 ardous. L.R.A.1915D, 318. 
 Provisions as to injuries while engaged 
 in any act, occupation, or exposure 
 more hazardous. L.R.A.1915D, 320. 
 
 § 96. Consnitation with, or attend- 
 ance of, physician. 
 
 Time covered by question or representation 
 as to consultation with physician. 45 
 L.R.A.(N.S.) 162. 
 
 (c) Previous rejection; other insur- 
 ance. 
 
 § 99. Generally. 
 
 Waiver of condition as to other insurance, 
 see infra, § 136. 
 
 (e) Incontestability. 
 
 § 103. Generally. 
 
 Date from which the period to which a 
 defense is limited in life insurance pol- 
 icy is to be computed. L.R.A.1915F, 
 703. 
 
 Effect of incontestable clause on stipulation 
 that policy shall not be binding unless 
 delivered to insured while in good 
 health. 43 L.R.A.(N.S.) 726; L.R.A. 
 1916F, 173, 
 
 Begin with this 'booTc on every law question. 
 
 INSURANCE, V. h, 2 (e)— cont'd. 
 
 Applicability of incontestable clause to false 
 statements made in application for re* 
 instatement. 46 L.R.A.(N.S.) 1056. 
 
 i. Termination generally; suspension, 
 
 § 104. Generally. 
 
 Cancelation or rescission, see supra, V. e. 
 
 § 105. Effect of expulsion from so- 
 ciety. 
 
 Conclusiveness of decision of tribunal of 
 mutual benefit society expelling or sus- 
 pending a, member. 52 L.R.A. (N.S.^ 
 806. 
 
 j. Forfeiture, 
 
 § 106. Generally. 
 
 Cancelation or rescission, see supra, §§ 49- 
 51. 
 
 Waiver of, or estoppel as to, see infra, VII. 
 
 By matters occurring after loss, see infra, 
 VIII. 
 
 By matters relating to proofs of loss, see 
 infra, VIII. a. 
 
 Forfeiture because of cause of loss or in- 
 jury, see infra, VIII. c, 1. 
 
 Forfeiture because of cause of death or in- 
 jury, see infra, VIII. c, 2. 
 
 For fraud, see Fkaud and Deceit, § 28. 
 
 Conflict of laws as to. 52 L.R.A.(N.S.> 
 283. 
 
 § 107. For nonpayment of premiums. 
 
 Payment of premiums generally, see infra, 
 §§ 112, 113. 
 
 Effect of express stipulation suspending or 
 avoiding policy»in case of nonpayment 
 of premium note at maturity. 5 B. R. C. 
 389. 
 
 Effect of nonpayment of premium note as 
 reviving right to forfeit policy for non- 
 payment of premium. 5 B. R. C. 387. 
 
 Waiver by ofScer of subordinate lodge of 
 forfeiture for nonpayment of assess- 
 ments. L.R.A.1915E, 152'. 
 
 Effect of incapacitating illness or insanity 
 or failure to pay insurance premium 
 when due. 46 L.R.A.(N.S.) 537. 
 
 § 108. — notice of premiums. 
 
 Conflict of laws as to. 52 E.R.A.(N.S.> 
 283. 
 
 Te. Reinstatement. 
 
 § 109. Generally. 
 
 Applicability of incontestible clause to false 
 statements made in application for re- 
 instatement. 46 L.R.A. (N.S.) 1056. 
 
 Effect of reinstatement on date from which 
 the period to which a defense is limit- 
 ted in life insurance policy is to be 
 computed. L.R.A.1915F, 705. 
 
 Provision for nonliability for certain time 
 after reinstatement. L.R.A.1916E, 877. 
 
INDEX TO NOTES. 
 
 329 
 
 CNSUEANCE, Y.— cont'd. 
 
 I. Premiums; assessm,ents ; rates, 
 1. In general. 
 
 § 110. Generally. 
 
 Options upon default in payment, see supra, 
 § 56. 
 
 ^Forfeiture for nonpayment, see supra, 
 §§ 107, 108. 
 
 Waiver of forfeiture by accepting or at- 
 tempting to collect premium, see infra, 
 § 134. 
 
 -§ 111. Premium notes. 
 
 Failure of executory consideration for note 
 as affecting purchaser of note with 
 knowledge of the character of the con- 
 sideration. 46 L.E.A.(N.S.) 871. 
 Promissory note as payment of insurance 
 premium. 5 B. R. C. 365. 
 As payment in general. 5 B. R. C. 367. 
 As satisfying requirement that 
 initial premium must have 
 been actually paid. 5 B. R. C. 
 372. 
 As satisfying requirement that in- 
 itial premium must have been 
 paid while assured was in 
 good health. 5 B. R. C. 375. 
 As entitling insured to benefit of 
 paid-up or extended insurance, 
 or as completing right to sur- 
 render value. 5 B. R. C. 376. 
 Extended insurance. 5 B. E. C. 378. 
 As completing right to surrender 
 
 value. 5 B. R. C. 382. 
 Effect of recital in policy of fact 
 that premium has been paid. 
 5 B. R. C. 383. 
 Effect of giving receipt for prem- 
 ium. 5 B. R. C. 384. 
 Effect of nonpayment. 5 B. R. C. 385. 
 As reviving right to forfeit policy 
 for nonpayment of premium. 
 5 B. R. C. 387. 
 Effect of express stipulation suspend- 
 ing or avoiding policy in case 
 of nonpayment of note at ma- 
 turity. 5 B. R. C. 389. 
 Where note not due at time of loss. 
 
 5 B. E. C. 398. 
 As applying to notes of third 
 
 party. 5 B. R. C. 399. 
 As applying to notes given to 
 agents personally. 5 B. R. C. 
 400. 
 As affecting rights of beneficiary. 
 
 5 B. R. C. 401. 
 As affecting rights of assignee of 
 
 policy. 5 B. R. C. 402. 
 Necessity for presentment, demand, 
 
 or protest. 5 B. R. C. 402. 
 Necessity of aflSrmative action in 
 order to forfeit policy. 5 
 B. R. C. 404. 
 As affected by absence of stipu- 
 lation in policy itself. S 
 B. R. 0. 407. 
 Waiver of forfeiture, or estoppel 
 to assert it. 6 B. E. C. 
 410. 
 Consult also L.B.A. Digests to date. 
 
 INSURANCE, V. 1, 1— cont'd. 
 
 By usage of insurer. 6 B. R. C, 
 413, 
 
 By agreement for extension. 
 
 5 B. R. C. 414. 
 
 By treating policy as still in force, 
 
 5 B. R. C. 417. 
 By receiving payment after matur- 
 ity. 5 B. E. C. 418. 
 By failure to cancel or return note 
 
 5 B. E. C. 422. 
 
 By requesting or demanding pay- 
 ment. 5 B. E. C. 425. 
 By attempt to collect note. 5 
 
 B. E. C. 429. 
 
 Giving note as exercise of option to 
 make annual payments. 5 B. E, C. 
 433. 
 
 Agreement to notify assignee of ma- 
 turity of premiums as requiring 
 notice of maturity of premium 
 note. 5 B. R. C. 433. 
 
 Applicability to premium notes of pro- 
 vision in policy for days of grace 
 for payment of premiums. 5 B. R. 
 C. 434. 
 
 Applicability to premium notes of stat- 
 ute requiring notice of maturity 
 of premiums. 5 B. R. C. 434. 
 
 Giving of note as a transaction with 
 the agent personally. 5 B. R. 
 
 C. 436. 
 
 Instances in which transaction has 
 been held a personal one. 5 
 B. R. C. 437. 
 
 Instances in which transaction has 
 been held not a personal one. 
 
 6 B. R. C. 443. 
 
 2. Paym.ent of. 
 
 § 112. Generally. 
 
 Forfeiture for nonpayment of, see supra, 
 
 §§ 107, 108. 
 Payment by note, see supra, § 111. 
 Waiver of forfeiture by collecting, see infra, 
 
 § 134. 
 
 Payment of insurance premium by cancela- 
 tion of agent's indebtedness. 
 L.R.A.1915A, 686. 
 
 Where insured malses bona fide tender 
 of cash to agent. L.R.A.1915A, 
 688. 
 
 Where agent agrees to remit to in- 
 surer and carries out undertaking, 
 I..R.A.1915A, 689. 
 Check or draft as pajnnent of insurance 
 premium. L.E.A.1916A, 674. 
 
 Receipt of check or draft as payment, 
 generally, L.R.A.1916A, 675. 
 
 Effect of custom of receiving checks 
 or drafts as payment. L.R.A, 
 1916A, 676. 
 
 Receipt of check or draft as waiver of 
 default. L.R.A.1916A, 677. 
 
 Effect of giving worthless check or 
 draft, or failure to pay. L.R.A. 
 1916A, 679. 
 
330 
 
 INDEX TO NOTES. 
 
 INSURANCE, V. 1, 2— cont'd. 
 § 113. Time of. 
 
 Applicability to premium notes of pro- 
 visions in policy for days of grace for 
 payment of premium. 5 B. K. C. 434. 
 
 3. Return of; recovery bade. 
 
 § 117. Where policy is void or void- 
 able. 
 
 Right of holder of policy to recover pre- 
 miums paid upon the faith of the 
 agent's false representation, notwith- 
 standing part performance. 3 B. R. C. 
 852. 
 
 Right to recover premiums paid on policy 
 which is invalid for want of insurable 
 interest. 3 B. R. C. 839. 
 
 § 118. On cancelation or rescission 
 of policy. 
 
 Return as condition of cancelation, see su- 
 pra, § 51. 
 
 4. Rates, 
 
 § 119. Generally. 
 
 Eflfect of discrimination among insurants 
 upon the contract of insurance and its 
 incidents. 49 L.R.A.(N.S.) 147. 
 
 Right of mutual benefit association to in- 
 crease rates. L.R.A.1916A, 762. 
 
 VI. Transfer of policy or interest 
 therein. 
 
 a. Assignment generally, 
 
 § 120. Generally. 
 
 Conilict of laws as to. 52 L.R.A.(N.S.) 281. 
 
 Assignment of insurance on animal. 44 
 L.R.A.(N.S.) 575. 
 
 Right of recovery under facility of payment 
 clause in industrial life policy in case 
 of assignment of policy. L.R.A.igieF, 
 467. 
 
 Assignment of policy of life insurance as 
 affected by death of assignee before in- 
 sured. L.R.A.a916F, 785. 
 
 Assignment of policy of life insurance, in 
 ignorance of the death of the insured, 
 as subject to rescission as having been 
 made under a mistake of fact. 5 B. 
 R. C. 797. 
 
 § 122. Validity of assignment. 
 
 Right of one to whom policy of life or bene- 
 fit insurance was assigned by insured 
 to proceeds where provisions as to 
 change of beneficiary were not complied 
 with. L.R.A.1916A, 877. 
 
 ft. Change of beneficiary. 
 
 § 127. Generally. 
 
 Beneficiary's consent to designation of new 
 beneficiary as affecting his right to 
 question validity thereof. L.R.A.1915A, 
 872. 
 
 Marriage of insured as affecting previous 
 designation of beneficiary. 49 L.R.A. 
 (N.S.) 141, 
 
 Begin with this ftooTc on every laiv question. 
 
 INSURANCE, VI. Ti— cont'd. 
 
 Effect of death of assured before conten 
 plated change of beneficiary is con 
 plete. L.R.A.1915A, 580. 
 
 Rights and remedies of prior beneficiar 
 where insured was mentally incompi 
 tent when he made a change of beni 
 ficiaries, or a change was accomplishe 
 by fraud or undue influence. li.'R.I 
 1916C, 1132. 
 
 § 128. Bight to change. 
 
 Constitutionality of statute forbiddin 
 
 change of beneficiary in insurance poli 
 
 cy. 49 L.R.A.(N.S.) 487. 
 
 Necessity of insurer's consent to change c 
 
 beneficiary. L.R.A.1915A, 109. 
 
 Ordinary life insurance. L.R.A.1915i! 
 
 110. 
 Insurance in mutual benefit society 
 
 L.R.A.1915A, 112. 
 Statutory provisions as to conseni 
 L.R.A.1915A, 115. 
 
 § 129. Mode of change. 
 
 Right of one to whom policy of life or bens 
 fit insurance was assigned by insure 
 to proceeds where provision as t 
 change of beneficiaries was not com 
 plied with. L.R.A.1916A, 877. 
 
 Til. Estoppel; waiver. 
 
 a. Of insured. 
 
 § 130. Generally. 
 
 Waiver of return of unearned premium a 
 a condition of cancelation of insurancf 
 L.R.A.1916F, 446. 
 
 ft. Of insurer. 
 1. In general. 
 
 § 132. Generally. 
 
 Waiver of forfeiture for nonpayment o 
 
 premium note or estoppel to assert i1 
 
 5 B. R. C. 410. 
 Refusal to deliver policy as agreed, or n 
 
 pudiation of contract, as waiving righ 
 
 to insist upon compliance with term 
 
 and conditions of usual written policj 
 
 48 L.R.A.(N.S.) 324. 
 Waiver of provision in employers' liabilit 
 
 or other indemnity policies requirinj 
 
 immediate notice of accident, claim, o 
 
 suit. 3 B. R. C. 723. 
 Waiver of conditions in policy on animali 
 
 44 L.R.A.(N.S.) 578. 
 Waiver of provision that the working c 
 
 mechanics shall avoid the policy. 4 
 
 L.R.A.(N.S.) 151. 
 To deny liability on policy against burglar 
 
 or'theft. 46 L.R.A.('N.S.) 573. 
 Vacancy permit as a waiver of previou 
 
 vacancy. 47 L.R.A. (N.S.) 619. 
 
 § 133. By failure to speak or ac 
 after notice of breach. 
 
 Does failure of the insurer to speak or ac 
 after notice of breach of polio 
 constitute a waiver thereof. 5 
 L.R.A.(N.S.) 261. 
 
INDEX TO NOTES. 
 
 331 
 
 INSURANCE, VII. b, 1— cont'd. 
 
 Knowledge acquired after loss. 51 
 
 L.E.A.(N.S.) 261. 
 Knowledge acquired before loss. 51 
 
 L.R.A.(N.S.) 262. 
 Breaches rendering policy voidable. 
 
 51 L.R.A.(N.S.) 262. 
 Breaches rendering policy void. 5] 
 
 L.R.A.(N.S.) 263. 
 Special circumstances affecting 
 
 duty of insurer. 51 L.R.A. 
 
 (N.S.) 264. 
 What constitutes reasonable no- 
 tice of forfeiture. 51 L.R.A. 
 
 (N.S.) 264. 
 
 § 134. By acceptance or attempt to 
 collect premium. 
 
 Effect of acceptance or retention of pre- 
 mium on stipulation that policy shall 
 not become binding unless delivered to 
 assured while in good health. 43 L.R.A. 
 (N.S.) 728; L.R.A.1916F, 176. 
 
 Unsuccessful attempt to collect premium as 
 waiver of forfeiture. 44 L.R.A. (N.S.) 
 371. 
 
 Waiver of provision as to change of occu- 
 pation by continued receipt <of dues. 
 L.R.A.1916F, 755. 
 
 § 135. As to books, papers, and 
 vouchers. 
 
 Waiver of provision in fire policy requiring 
 the keeping of books and vouchers 
 in a safe, or safe place. L.R.A. 
 1S15F, 759. 
 
 Power of agent to waive. L.R.A.1915F, 
 760. 
 
 Parole evidence of waiver. L.R.A. 
 1915F, 760. 
 
 Facts relied upon to establish waiver. 
 L.R.A.1915F, 761. 
 
 Effect of nonwaiver agreement signed 
 by insured prior to investigation 
 of loss. L.R.A.1915F, 764. 
 
 § 136. As to other insurance. 
 
 Notice from taking previous application as 
 waiver of false representation with re- 
 spect to previous applications for life 
 or mutual benefit insurance. L.R.A. 
 1916A, 982. 
 
 g 139. Conditions at inception of pol- 
 icy. 
 
 Waiver of irregularities attending admis- 
 sion to membership in order as affect- 
 ing action on benefit certificate. 49 
 L.R.A.(N.S.) 902. 
 
 Effect of notice to agent of presence of pro- 
 hibited articles on premises. 3 B. R. 
 C. 43. 
 
 § 140. — against policy becoming 
 binding unless delivered to as- 
 sured nvhile in good health. 
 
 Waiver of stipulation that policy shall not 
 become binding unless delivered to 
 assured while in good health. (3 
 L.R.A.(N.S.) 727; L.R.A.1916F, 
 171. 
 Consult also L.R.A. Digests to date. 
 
 INSURANCE, VII. b, 1— cont'd. 
 
 Who may waive. 43 L.R.A. (N.S.) 727; 
 L.R.A.1916F, 175. 
 
 Effect of delivery while assured is ill. 
 43 L.R.A.(N.S.) 728; L.R.A.1916F, 
 176. 
 
 Delivery for examination or on condi- 
 tion. 43 L.R.A.(N.S.) 728.. 
 
 Effect of acceptance of first premium 
 while assured is ill. L.R.A.1916F, 
 176. 
 
 Acceptance of subsequent premiums. 
 . L.R.A.1916F, 176. 
 
 Effect of retention of first premium. 43 
 L.R.A.(N.S.) 728; L.R.A.1916F, 
 176. 
 
 Effect of giving time to pay premium. 
 L.R.A.1916F, 176. 
 
 Effect of initation. L.R.A.1916F, 177. 
 
 Effect of failure to cancel policy after 
 knowledge of breach of provisions. 
 L.R.A.1916F, 177. 
 
 Agreement by agent that the contract 
 should be in force from the issu- 
 ance of the policy. 43 L.R.A. 
 (N.S.) 729. 
 
 Acceptance of note or something other 
 than money in payment of first 
 premium. 43 L.R.A. (N.S.) 729. 
 
 8. By agent or officer. 
 
 § 141. Generally. 
 
 Waiver by officer of subordinate lodge of 
 forfeiture for nonpayment of as- 
 sessments. L.R.A.1915E, 152. 
 
 Necessity for compliance with by-laws. 
 L.R.A.1915E, 153. 
 
 Custom as affecting waiver. L.R.A. 
 1915E, 154. 
 
 Payment after death as affecting waiv- 
 er. L.R.A.1915E, 157. 
 Power of agent to waive provision in fire 
 
 policy requiring the keeping of books 
 
 and vouchers in a safe or safe place. 
 
 L.R.A.1915F, 760. 
 
 § 143. Knowledge, fraud, or mistake 
 of agent. 
 
 Effect of agent's insertion in the applica- 
 tion of false answers to questions cor- 
 rectly answered by the insured. L.R.A. 
 1915A, 273. 
 
 Till. The loss and its adjusUnent; 
 remedies, 
 
 a. Notice and proofs of loss or death. 
 
 § 145. Generally. 
 
 Under employer's indemnity policy, see 
 infra, § 216. 
 
 Admissibility of coroner's findings to show 
 cause of death. 45 L.R.A. (N.S.) 404. 
 
 Fraud or false swearing by agent of in- 
 sured in making proofs of loss. 52 
 L.R.A.(N.S.) 1074. 
 
 Proofs of loss as waiver of privilege as to 
 communications between physician and 
 patient. 48 L.R.A. (N.S.) 4()1. 
 
332 
 
 INDEX TO NOTES. 
 
 INSURANCE, VIII. a^cont'd. 
 
 Notice of sickness or death of insured ani- 
 mal. 44 L.K.A.(ir.S.) 572. 
 
 Provisions in burglary insurance policy as 
 to notice and proofs of loss. 46 L.R.A. 
 (N.S.) 671. 
 
 f 146. Time for; delay. 
 
 Presumption as to time of insured's death 
 after seven years' absence. L.R.A. 
 1915B, 756. 
 Delay iu giving notice of claim under em- 
 ployers' indemnity policy. 47 L.R.A. 
 (N.S.) 1214. 
 Effect of failure to give notice or make 
 proof of loss within time required 
 in policy in the absence of forfeit- 
 ure clause. L.R.A.1915F, 1210. 
 Where only provisions were those re- 
 quiring notice and proof within 
 stated time. L.R.A.1915F, 1211. 
 Where policy provides for notice and 
 proofs of loss within specified pe- 
 riod, and that loss shall be pay- 
 able a certain time after notice 
 and proofs of loss. L.R.A.1915P, 
 1213. 
 Where policy requires notice and proofs 
 within specified period, and also 
 provides that no action shall be 
 maintainable until all requirements 
 are complied with. L.R.A.1915F, 
 1214. 
 
 b. Submission to arbitration; adjust- 
 ment of loss. 
 
 § 151. Generally. 
 
 Arbitration of claim under policy on 
 animals. 44 L.R.A. (N.S.) 579. 
 
 § 152a. Bight to introduce evidence 
 before appraisers. 
 
 Rule where property totally destroyed. 47 
 L.R.A.(N.S.) 1193. 
 
 Where property not totally destroyed. 47 
 L.R.A.(N.S.) 1194. 
 
 Where appraisers are chosen because of pe- 
 culiar knowledge. 47 L.R.A. (N.S.) 
 1196. 
 
 Rule as to umpire chosen by appraisers. 47 
 L.R.A.(N.S.) 1197. 
 
 Miscellaneous. 47 L.R.A. (N.S.) 1197. 
 
 § 152b. Qualifications of appraisers. 
 
 Qualifications of appraisers appointed pur- 
 suant to statute or provision of 
 fire insurance policy, to ascertain 
 amount of loss. 52 L.R.A. (N.S.) 
 497. 
 
 Competency of servant or employee as 
 appraiser. 52 L.R.A.(N.S.) 497. 
 
 Effect of prior service as appraiser. 
 52 L.R.A.(N.S.) 499. 
 
 Prior examination, estimate, knowl- 
 edge, or selection of appraiser. 52 
 L.R.A.(N.S.) 500. 
 
 Competency of persons residing at dis- 
 tance or of nonresidents. 52 
 L.R.A.(N.S.) 501 
 
 Begin with this booTi on every law quesUon. 
 
 INSURANCE, VIII. b— co»*'d. 
 
 Competency of creditor of insured. 62 
 
 L.R.A.(N.S.) 502. 
 Miscellaneous. 52 L.R.A. (N.S.) 502. 
 
 c. RisTes and causes of loss, injury or 
 death. 
 
 1, Under policies covering property, 
 
 § 153. Generally. 
 
 Cause of death of insured animals. 44 
 L.R.A.(N.S.) 570, 571. 
 
 Causes of loss covered by cyclone, hurricane, 
 tornado, or windstorm insurance. 
 L.R.A.1915B, 1094. 
 
 Scope and effect of clause in fire insurance 
 policy exempting insurer from liability 
 for loss by fire from or occasioned by 
 locomotive engines. 51 L.R.A.(N.S.) 
 518. 
 
 § 157. Marine insurance. 
 
 Liability of insurer under policy of marine 
 insurance for losses arising out of 
 state of war. 5 B. R. C. 4. 
 War risks; when covered. 5 B. R. C. 
 
 • 5. 
 Meaning of terms employed in insur- 
 ing against war risks. 5 B. R. C. 7. 
 Matters as to which a duty of disclos- 
 ure exists. 5 B. R. C. 9. 
 Liability of insurer as affected by war- 
 ranties. 5 B. R. C. 10. 
 Of seaworthiness. 5 B. R. C. 10. 
 Of nationality or neutrality. 6 
 
 B. R. C. 11. 
 Of ownership. 5 B. R. C. 18. 
 Conditions occasioned by war as justi- 
 fying deviation. 5 B. R. C. 19. 
 Liability in case of capture. 5 B. R. C. 
 22. 
 Capture of neutral by belligerent. 
 
 5 B. R. C. 25. 
 Effect of capture on time policy. 
 5 B. R. C. 25. 
 Liability as affected by deviation or 
 loss of voyage occasioned by appre- 
 hension of capture. 5 B. R. C. 26. 
 Liability in case of blockade, inter- 
 diction or embargo. 5 B. R. C. 
 28. 
 Blockade. 5 B. R. C. 28. 
 Interdiction. 5 B. R. C. 32. 
 Embargo. 5 B. R. C. 33. 
 Hostilities as proximate cause of loss. 
 
 5 B. R. C. 34. 
 What constitutes seizure or detention 
 
 in port. 5 B. R. C. 37. 
 Extent of liability; right to abandon 
 to insurer and recover as for 
 total loss. 5 B. R. C. 38. 
 Time for abandonment. 5 B. R. C. 
 
 41. 
 Effect of recapture or restitution 
 6 B. R. C. 44. 
 As terminating right to aban 
 don on ground of capture. 
 5 B. R. C. 44. 
 Effect upon abandonment al 
 ready made. 5 B. R. C 
 46. 
 
INDEX TO NOTES. 
 
 333 
 
 INSURANCE, VIII. c, 1—confd. 
 
 Eight to abandon for loss arising 
 
 out of capture. 5 B. R. C. 47. 
 Effect of bidding in property for 
 
 owner's benefit. 5 B. R. C. 50. 
 Stipulations restricting right to 
 
 abandon. S B. R. C. 62. 
 
 S. Under life or accident policies, 
 (a) In general. 
 
 § 159. Generally. 
 
 Under employers' indemnity policy, see in- 
 fra, § 214. 
 
 Admissibility of finding of coroner to show 
 cause of death. 45 L.R.A.(N.S.) 405. 
 
 Validity and construction of provision re- 
 quiring the fact or circumstances of 
 loss to be established by eyewitness. 
 51 L.R.A.(N.S.) 221. 
 
 Duty of insured to negative death or acci- 
 dent from excepted cause. 50 L.R.A. 
 (N.S.) 1006. 
 
 Applicability of provisions in accident pol- 
 icy exempting insurer or limiting its 
 liability for disability arising from a 
 specified condition, when such condi- 
 tion is itself the result of an accident 
 occurring after the issuance of the pol- 
 icy. L.R.A.1916B, 621. 
 
 Interchangeableness of "or" and "and" in 
 provision in insurance policy relating 
 to cause or circumstances of death. 
 L.R.A.1915E, 695. 
 
 § 161. Sunstroke. 
 
 Accident insurance; risks covered by insur- 
 ance against sunstroke. L.R.A.1916E, 
 957. 
 
 § 162. Wrong medical treatment or 
 surgical operation. 
 
 Liability under accident policy for death or 
 injury resulting from surgical opera- 
 tion or medical treatment. L.R.A. 
 1915E, 955. 
 
 § 164. Voluntary exposure to unnec- 
 essary danger. 
 
 Exposure to obvious risk of injury or obvi- 
 ous danger within the meaning of ac- 
 cident policy. 50 L.K.A.(N.S.) 1218. 
 
 Act of coupling cars by one employed by a 
 railroad in some capacity other than 
 that of brakeman as "voluntary expos- 
 ure to unnecessary danger" within 
 meaning of accident insurance policy. 
 5 B. R. C. 884. 
 
 § 164a. Ill jury intentionally inflicted 
 by another person. 
 
 Accident insurance; provision exempting 
 insurer or limiting its liability in 
 case of an injury intentionally in- 
 flicted by another. 48 L.R.A. 
 (N.S.) 524. 
 Applicability of provision to injuries 
 inflicted by another, generally. 48 
 L.R.A.(N.S.) 525. 
 Consult also L.R.A. Digests to date. 
 
 INSURANCE, VIII. o, 2 (a.)— cont'd. 
 
 Applicability to fatal injury. 48 L.R.A. 
 (N.S.) 525. 
 
 Whose intent contemplated. 48 L.R.A. 
 (N.S.) 526. 
 
 Necessity of specific intent. 48 L.R.A. 
 (N.S.) 526. 
 
 Injuries by intoxicated or insane per- 
 sons. 48 L.R.A.(N.S.) 527. 
 
 Applicability of provision to persona 
 peculiarly liable to injury. 4& 
 L.R.A.(N.S.) 528. 
 
 Effect of exception in case of injuries 
 inflicted by burglars, robbers, etc. 
 48 L.R.A.(N.S.) 528. 
 
 Presumption and burden of proof. 48 
 L.R.A.(N.S.) 529. 
 
 SuflSciency of evidence to show inten- 
 tional injury. 48 L.R.A.(N.S.). 
 529. 
 
 Miscellaneous. 48 L.R.A. (N.S.) 530. 
 
 g 165. External, violent, and acciden- 
 tal means. 
 
 What constitutes external and visible signs 
 of injury within exemption pro- 
 vision of accident policy. 4^ 
 L.R.A.(N.S.) 1022. 
 
 Applicability of provisions. 49 L.R.A. 
 (N.S.) 1022. I 
 
 What are external and visible signs of 
 injury. 49 L.R.A. (N.S.) 1022. 
 
 § 166. Wliat constitutes an accident 
 -nrithin accident policy. 
 
 Death from taking poisonous substance as 
 accident, or accidental means. L.R.A. 
 1916A, 481. 
 
 Liability under accident policy for injury 
 resulting in felon or abscess. 47 L.E.A., 
 (N.S.) 924. 
 
 Intentional injuries. 48 L.R.A. (N.S.) 524. 
 Proviso against liability for intentional 
 injuries. 48 L.R.A.(N.S.) 524. 
 
 When death or injury may be deemed to 
 have been caused by accidental means, 
 though the voluntary act of the in- 
 sured was the primary cause thereof. 
 L.R.A.1915E, 127; L.R.A.1916B, 1021. 
 
 Previous diseased condition as affecting lia- 
 bility for death or injury from acci- 
 dent. 52 L.R.A. (N.S.) 1203. 
 
 § 167. Accident on trains or while 
 traveling. 
 
 Scope and construction of provision for 
 indemnity in case of injury while rid- 
 ing in or on a public conveyance 
 L.R.A.1915C, 456. 
 
 § 168. Violation of law or rules of 
 insurer. 
 
 Conflict of laws as to effect of execution of 
 insured for crime or conviction of fel- 
 ony on right to recover life or accident 
 insurance. 52 L.R.A. (N.S.) 284. 
 
 (t) Suicide. 
 
 % 170. Generally. 
 
 Conflict of laws as to. 52 L.R.A. (N.S.) 
 284. I- 
 
334 
 
 INDEX TO NOTES. 
 
 INSURANCE, VIII. c, 2 {h)— cont'd. 
 
 Evidence of declarations of intent to com- 
 mit suicide. L.R.A.1916B, 822. 
 
 Duty of insured to negative. 50 L.R.A. 
 (N.S.) 1008. 
 
 Date from which the period to which de- 
 fense of suicide is limited is to be 
 computed. L.R.A.1915F, 703. 
 
 Subsequent by-law excluding or reducing 
 liability in case of suicide. 46 L.R.A. 
 (N.S.) 308; L.R.A.191SD, 1095. 
 
 § 171. Insanity as affecting condition 
 as to suicide. 
 
 Liability under accident policy for death 
 during delirium. 46 L.R.A. (N.S.) 543. 
 
 Construction and effect of provision against 
 liability for injury to or death of in- 
 sured while or when insane. L.R.A. 
 1915E, 657. 
 
 d,. Extent of injury, loss or recovery; 
 release. 
 
 1. Insurance on property, 
 
 § 172. Generally. 
 
 Right to introduce evidence before ap- 
 praisers as to, see supra, §■' 152a. 
 
 Considerations of time* and place in deter- 
 mining value of personal property 
 for purpose of fire insurance. 
 L.R.A.1915E, 489. 
 As affecting amount of manufacturer's 
 
 recovery. L.R.A.1915E, 491. 
 Where insured property is subject to 
 rapid changes in value. L.R.A. 
 1915E, 493. 
 Wholesaler's stock. L.R.A.1915E, 493. 
 Recovery for loss of property not gen- 
 erally obtainable on market. 
 L.R.A.1915E, 494. 
 Competency and sufficiency of evidence 
 relating to consideration of time 
 and place. L.R.A.1915B, 494. 
 Miscellaneous. L.R.A.1915E, 496. 
 Amount of loss and recovery on policy 
 against burglary or theft. 46 L.R.A. 
 (N.S.) 572. 
 Amount of recovery on policy on animals. 
 
 44 L.R.A.(N.S.) 576. 
 Successive losses under same fire policy. 
 45 L.R.A.(N.S.) 847. 
 
 § 173. Constructive total loss of in- 
 sured building. 
 
 Constructive total loss of insured building. 
 L.R.A.1915E, 618. 
 
 § 175. Marine insurance. 
 
 Extent of liability of insurer under policy 
 of marine insurance for losses arising 
 out of state of war. 5 B. R. C. 38. 
 
 Does a policy of marine insurance against 
 total loss only, or containing an excep- 
 tion against liability for partial loss, 
 cover a constructive total loss. L.R.A. 
 1916F, 1171 
 
 Begin with this hooTc on every lauy question. 
 
 INSURANCE, VIII. d, 1— cont'd. 
 § 176. — abandonment. 
 
 Right under policy of marine insurance for 
 losses arising out of state of war to 
 abandon to insurer and recover as for 
 total loss. 5 B. R. C. 38. 
 
 3. Insurance on persons. 
 
 § 177. Generally. 
 
 Under employer's indemnity policy, see in- 
 fra, § 215. 
 
 Subsequent by-law reducing liability in case 
 of suicide. 46 L.R.A. (N.S.) 308; 
 L.R.A.1915D, 1095. 
 Provision in accident insurance policy for 
 reduction of benefits in event of injury 
 while engaged in more hazardous occu- 
 pation, or variations of the provision, 
 as applied to occasional or temporary 
 acts. L.R.A.1915D, 312. 
 Extent of creditor's interest in policy where 
 insured becomes bankrupt or insolvent. 
 46 L.R.A. (N.S.) 148. 
 Extent of loss or mutilation contemplated 
 
 by provision as to loss or removal 
 
 of bodily member or part thereof. 
 
 L.R.A.1915D, 264. 
 Under provisions against loss of hands 
 
 or feet, generally. L.R.A.1915D, 
 
 264. 
 Provisions for indemnity in ease of loss 
 
 by means of physical separation, 
 
 severance, or amputation. L.R.A. 
 ■ 1915D, 266. 
 Provision for loss of arm. L.R.A. 
 
 1915D, 267. 
 Provisions as to breaking of leg. L.R.A. 
 
 1915D, 267. 
 Provisions as to loss of eyesight. L.R.A. 
 
 1915D, 268. 
 
 § 181. Effect of insurance on amount 
 of recovery for injury. 
 
 Receipt of proceeds of insurance as affect- 
 ing the measure of damages for injury 
 or death. L.R.A.1915E, 1201. 
 
 e. Interest in proceeds. 
 
 1. Of insurance on property. 
 
 § 182. Generally. 
 
 Insurable interest, see supra, §§ 24, 25. 
 
 Right of owner to benefit of insurance tak- 
 en out by carrier. 47 L.R.A.(N.S.) 196. 
 
 § 185. Rights of mortgagee. 
 
 Notice to mortgagee before canceling policy, 
 see supra, § 51. 
 
 Subrogation of insurer to rights of mort- 
 gagee, see infra, § 197. 
 
 Effect of breach of policy of insurance by 
 mortgagor on rights of mortgagee. 
 L.R.A.1915C, 758. 
 
 2. Of insurance on persons. 
 
 § 186. Generally. 
 
 Insurable interest, see supra, §§ 27-33. 
 
INDEX TO NOTES. 
 
 335 
 
 INSUEANCE, VIII. e, 2— cont'd. 
 Marriage of insured as affecting previous 
 designation of beneficiary. 49 L.R.A. 
 (N.S.) 141. 
 Eight of beneficiary as against insured or 
 his estate to proceeds of endowment in- 
 surance. 52 L.R.A. (N.S.) 689. 
 Adopted, foster, or stepchild as beneficiary 
 under contract of benefit associa- 
 tion. L.R.A.1916B, 905. 
 As members of "family," L.R.A.1916B, 
 
 905. 
 As "dependents." L.R.A.1916B, 906. 
 WJio are adopted children. L.R.A. 
 
 1916B, 907. 
 Who are orphans. L.R.A. 1916B, 907. 
 As "relatives." L.E.A.1916B, 907. 
 As "next of kin"— "kindred." L.R.A. 
 1916B, 907. 
 
 § 190. Rights of widow. 
 
 Widow's right to year's support or allow- 
 ance out of insurance money. 46 
 L.E.A.(N.S.) 788. 
 
 ^ 191. — divorce as affecting wife's 
 right to insurance upon hushand's 
 life. 
 
 Effect of divorce on rights of beneficiary 
 under insurance policy or benefit cer- 
 tificate. L.E.A.1915D, 130. 
 
 § 192. Rights of creditors. 
 
 Life insurance as assets of bankrupt, see 
 Banketjptct, § 20. 
 
 Exemption of insurance money, see Exemp- 
 tion, § 6. 
 
 § 194. Option of insurer as to payee. 
 
 ^'Facility of payment" clause in industrial 
 
 life policies. L.E.A.1916F, 461. 
 Purpose and validity of "facility of 
 
 payment" clause. L.E.A.1916r, 
 
 461. 
 Eight of recovery under facility clause. 
 L.R.A.1916F, 462. 
 
 Where insurer has not exercised 
 option. L.R.A.1916F, 462. 
 
 Where insurer has exercised op- 
 tion. L.R.A.1916F, 464. 
 
 In case of settlement by compro- 
 mise. L.E.A.1916F, 466. 
 
 In ease of assignment of the policy. 
 L.E.A.1916F, 467. 
 
 /. Subrogation; set-off, 
 
 % 195. Subrogation. 
 
 ■Construction and effect of statute giving 
 one who is responsible for the destruc- 
 tion of property by fire the benefit of 
 insurance effected by owners. 52 L.R.A. 
 (N.S.) 203. 
 
 S 196. — of insurer generally. 
 
 -Settlement between insured and tort feasor 
 as affecting insurer's right to sub- 
 rogation. L.R.A.1916A, 1282. 
 Release where tort feasor has knowl- 
 edge of payment by insurer. 
 L.E.A.1916A, 1282. 
 Consult also L.R.A. Digests to date. 
 
 INSURANCE, VIII. i— cont'd. 
 
 Settlement with tort feasor for part of 
 
 claim. L.R.A.1916A, 1283. 
 Settlement under judgment. L.E.A. 
 
 1916A, 1284. 
 Effect of provisions in leases. L.R.A. 
 
 1916A, 1284. 
 Agreements by insured with carriers. 
 
 L.R.A.1916A, 1284. 
 
 § 197. ^of insurer under mortgage 
 clause. 
 
 Right of insurer, upon paying mortgagee 
 under mortgage clause in policy 
 issued to owner of equity of re- 
 demption, to be subrogated to 
 rights of mortgagee. L.R.A.1916A, 
 559. 
 
 Eight in absence of subrogation clause. 
 L.R.A.1916A, 560. 
 
 Rights under subrogation clause. 
 L.E.A1916A, 562. 
 
 Rights under independent agreement 
 for subrogation between insurer 
 and mortgagee. L.R.A.1916A, 564. 
 
 g. Contribution; prorating; apportion- 
 ment. 
 
 § 200. Prorating; apportionment. 
 
 Statutory provisions regulating valued pol- 
 icies as affecting provisions of pol- 
 icy for prorating loss in case of 
 concurrent insurance. L.R.A. 
 1916F,. 997. 
 In case of risks on real property. 
 
 L.R.A.1916F, 997. 
 In case of risks on personalty. L.R.A. 
 1916F, 1000. 
 Adjustment between blanket and specific 
 fire insurance policies. L.R.A. 
 1912B, 509. 
 Cases considering whether any appor- 
 tionment may be had between 
 blanket and specific policies. 
 L.R.A.1915B, 509. 
 Whether such policies constitute 
 double insurance, or a part of 
 the insurance for purposes of 
 apportionment. L.R.A. 1915B, 
 509. 
 Rule where policies exclude liabil- 
 ity on property covered by 
 specific policies, except as to 
 excess. L.R.A.1915B, 511. 
 Adjustment where loss exceeds insur- 
 ance. L.R.A.1915B, 512. 
 Cases considering modes of apportion- 
 ment. L.E.A.1915B, 513. 
 Vermont rule. L.R.A.1915B, 513. 
 Kentucky rule. L.R.A.1915B, 514. 
 The Connecticut rule. L.E.A.1915B, 
 
 515. 
 Miscellaneous. L.R.A.1915B, 515. 
 
 h. Remedies; actions. 
 
 1. In general. 
 
 § 201. Generally. 
 
 Presumption and burden of proof in action 
 on policy, see Evidence, § 103a. 
 
;*36 
 
 INDEX TO NOTES. 
 
 INSURANCE, VIII. h, 1— cont'd. 
 Sufficiency of proof in action on insurance 
 
 policy, see Evidence, § 311. 
 What matter concluded by judgment, see 
 
 Judgment, § 35. 
 Questions for jury, see Teial, § 53. 
 
 Irregularities attending admission to mem- 
 bership in order as affecting action 
 on benefit certificate. 49 L.E.A. 
 (N.S.) 902. 
 Irregularities attending admission up- 
 on organization of ' new society. 
 49 L.R.A.(N.S.) 902. 
 Irregularities on admission to estab- 
 lished society. 49 L.K.A.{N.S.) 
 903. 
 Failure to take second degree where 
 two required. 49 L.E.A.(N.S.) 
 906. 
 Initiation of only one applicant for 
 joint certificate. 49 L.R.A.(-N.S.) 
 906. 
 Waiver of irregularity. 49 L.R.A. 
 (N.S.) 907. 
 Waiver by beneficiary of privilege as to 
 communications between physician and 
 patient. 48 L.R.A.(N.S.) 418. 
 Admissibility of finding of coroner to show 
 cause of death of insured. 45 L.R.A. 
 (N.S.) 405. 
 Admissions or statements by assured out- 
 side his application as evidence against 
 his beneficiary. 49 L.R.A.(N.S.) 853. 
 Eight to open default judgment as affected 
 by character of defense. L.R.A.1916F, 
 853. 
 Connection with casualty or indemnity com- 
 pany as a proper subject for inquiry on 
 voir dire or as disqualification, of a 
 juror in an action against one insured 
 or indemnified by such company. L.R.A. 
 1915A, 153. 
 
 § 202. Nature of remedy. 
 
 Necessity of exhausting remedies within 
 order against decision expelling or sus- 
 pending a member from a mutual bene- 
 fit association as condition of action 
 for benefits. 52 L.R.A.(N.S.) 821. 
 
 Conclusiveness of decision of tribunal of 
 mutual benefit society expelling or sus- 
 pending a member in action for bene- 
 fits. 52 L.R.A.(N.S.) 806. 
 
 Conclusiveness of decision of tribunal of 
 mutual benefit associations directly up- 
 on claims for benefits; and duty to ex- 
 haust remedies within association. 52 
 L.R.A.(N.S.) 823. 
 
 § 206. Costs and fees. 
 
 Conflict of laws as to recovery of attorney's 
 fees. 52 L.R.A.(N.S.) 285. 
 
 Validity of statutory provision for attor- 
 ney's fee. L.R.A.1915E, 948. 
 
 2. Contractual limitation of time. 
 
 § 207. Generally. 
 
 Conflict of laws as to contractual limita- 
 tion. 52 L.E.A.(N.S.) 285. 
 
 Begin with this iooTe on every law question. 
 
 INSURANCE, VIII. h. 2— comi'd. 
 § 208. 'When begins to run. 
 
 Eire insurance policies. 48 L.R.A. (N.S.)' 
 907. 
 
 Limitation for fixed period after loss. 
 48 L.R.A.(N.S.) 906. 
 
 Limitation for fixed period after fire. 
 48 L.R.A.(N.S.) 907. 
 Accident insurance policies. 48 L.R.A. 
 
 (N.S.) 908. 
 Life insurance policies. 48 L.E.A. (N.S.) 
 
 910; 
 Marine and other miscellaneous insurance 
 
 policies. 48 L.R.A.(N.S.) 911. 
 What will prevent or delay the runiling of 
 
 the limitations. 48 L.R.A. (N.S.) 912. 
 To what actions the limitation applies. 48- 
 
 L.R.A.(N.S.) 913. 
 
 IX. Reinsurance. 
 
 § 210. Iiiability of reinsurer. 
 
 In general. 44 L.R.A. (N.S.) 317. 
 
 Notice to and acceptance by insured. 44 
 
 L.R.A.(N.S.) 318. 
 Liability as affected by terms of contract. 
 
 44 L.R.A. (N.S.) 318. 
 When liable. 44 L.R.A. (N.S.) 318. 
 Extent of liability. 44 L.R A. ( N.S. ) 319. 
 To whom liable. 44 L.R.A. (N.S.) 319. 
 
 X. Guaranty ■policies. 
 
 § 211. Generally. 
 
 Guaranty of fidelity of employees or corpo- 
 rate officers, see Bonds, § 11. 
 
 Guaranty of fidelity of public officers, see 
 Bonds, II. d. 
 
 Contracts for indemnity insurance as cham- 
 pertous. L.R.A.1916E, 72. 
 
 Effect of provision in indemnity policy re- 
 quiring immediate notice of accident, 
 claim, or suit. 3 B. E. C. 723. 
 
 Treatment of, as part of overhead charged 
 in public service property valuations. 
 48 L.E.A.(N.S.) 1051. 
 
 What constitutes insurance. 47 L.E.A. 
 (N.S.) 290. 
 
 Insurance against injuring property or per- 
 son of third person as indemnity or 
 liability insurance. 48 L.R.A. (N.S.) 
 184. 
 
 Payment or assumption, by third person, 
 of liability for an injury as a loss- 
 within a policy indemnifying against 
 liability for injuries. L.R.A.1916F, 879. 
 
 Giving note as loss or damage within con- 
 dition of contract of indemnity. 48 
 L.R.A.(N.S.) 195. 
 
 Insurance against liability for automobile 
 accidents. 44 L.R.A.(N.S.) 73; 51 
 L.R.A.(N.S.) 684; L.R.A.1915B, 580. 
 
 Power of insurer with respect to settlement 
 
 of claims. 52 L.R.A. (N.S.) 126. 
 
 Effect upon liability of insurer of hi& 
 
 refusal to settle. 52 L.R.A.(N.S.) 
 
 127. 
 
 Extent of power to settle or control 
 
 litigation. 52 L.R.A. (N.S.) 128. 
 Effect of settlement; waiver. 52 L.R.A. 
 (N.S.) 128. 
 
INDEX TO NOTES. 
 
 .337 
 
 INSURANCE X.-^oont'd. 
 
 § 212. Employers' indemnity policy. 
 
 Champertous contracts. L.R.A.1916E, 72. 
 
 Question whether employers' indemnity con- 
 tract constitutes insurance. 47 L.R.A. 
 (N.S.) 294. 
 
 Treatment of, as part of overhead charges 
 in public service property valuations. 
 48L.R.A.(N.S.) 1051. 
 
 Contract requiring servant to elect bet\Yeen 
 acceptance of benefits out of relief 
 fund and a prosecution of his claim in 
 an action for damages. 48 L.R.A. 
 (N.S.) 440. 
 
 Payment or assumption by third person of 
 liability for an injury as a loss within 
 employer's indemnity policy. L.R.A. 
 1916F, 879. 
 
 § 214. — injuries covered. 
 
 Injuries covered by employers' indemnity 
 policy. L.R.A.1915C, 155. 
 
 § 215. —extent of liability. 
 
 How far does limitation of liability in pol- 
 icy of indemnity insurance against 
 liability for injuries to employees 
 and others include expenses of liti- 
 gation. 43 L.R.A.(N.S.) 1128. 
 Interest. 43 L.R.A. (N.S.) 1130. 
 Liability under policy indemnifying against 
 liability for injuries to compensate in- 
 sured for expenses incurred in success- 
 ful defense or compromise of action. 44 
 L.R.A.(N.S.) 609. 
 
 § 216. — notice of injury. 
 
 Delay in giving notice of claim under em- 
 ployers' indemnity policy. 47 L.R.A. 
 (N.S.) 1213. 
 Effect of provision in employer's liability 
 or other indemnity policies, requir- 
 ing immediate notice of accident, 
 claim or suit. 3 B. R. C. 723. 
 Validity and effect generally., 3 B. R. 
 
 C. 723. 
 Time of notice. 3 B. R. C. 729. 
 Excuses for delay. 3 B. R. C. 729. 
 Sufficiency of notice, and of its com- 
 munication to insurer. 3 B. R. C. 
 734. 
 Waive of notice or forfeiture. 3 B. R. 
 C. 735. 
 
 § 217. — employee's rigbt to reach 
 fnnd. 
 
 Injured employee's right to reach fund un- 
 der employers' liability policy. 48 
 L.R.A. (N.S.) 191. 
 
 § 218. Rent insurance. , 
 
 Rent insurance. L.E.A.1916P, 694. 
 Contract insuring against loss of rents as 
 
 insurance contract. 47 L.R.A. (N.S.) 
 
 296. 
 
 XI. Burglary and tlieft insurance. 
 
 § 220. Generally. 
 
 Indemnity against theft or burglarv as in- 
 surance. 46 L.R.A.(N.S.) 562; 47 
 L.R.A.(N.S.) 296. 
 Consult also L.B.A. Digests io date. 
 
 INSURANCE, XI.- -cont'd. 
 
 Power to issue burglary insurance. 46 
 
 L.R.A.(N.S.) 562. 
 Right to do business in foreign states. 46 
 
 L.R.A.{N.S.) 563. 
 Making contract. 46 L.R.A. (N.S.) 564. 
 Property covered. 46 L.R.A. (N.S.) 564. 
 Conditions and warranties. 46 L.R.A. 
 (N.S.) 564. 
 Other applications or losses. 46 L.R.A. 
 
 (N.S.) 565. 
 Protection of property. 46 L.R.A. 
 
 (N.S.) 566. 
 Change in risk. 46 L.R.A. (N.S.) 565. 
 Keeping books. 46 L.R.A. (N.S.) 566. 
 Warrant of arrest. 46 L.R.A. (N.S.) 
 567. 
 Manner of loss and proof thereof. 46 
 L.R.A.(N.S.) 567. 
 Absence of proof showing manner of 
 
 loss. 46 L.R.A. (N.S.) 567. 
 Entries by the use of tools, or explo- 
 sives upon safes. 46 L.R.A. (N.S.) 
 568. 
 Entering outer door without use of 
 
 force. 46 L.R.A. (N.S.) 570. 
 Entering through collusion of insured's 
 employee. 46 L.R.A. (N.S.) 570. 
 Notice and proofs of loss. 46 L.R.A. (N.S.) 
 
 573. 
 Necessity of showing plaintiff's interest in 
 
 property lost. 46 L.R.A. (N.S.) 572. 
 Insured's right to replace property. 46 
 
 L.R.A.(N.S.) 572. 
 Amount of loss and recovery and proof 
 
 thereof. 46 L.R.A. (N.S.) 572. 
 Estoppel and waiver. 46 L.R.A. (N.S.) 573. 
 Theft of automobile. 44 L.R.A. (N.S.) 75; 
 51 L.R.A.(N.S.) 584; L.R.A.1915E, 
 579. 
 
 XII, Automobile insurance. 
 
 § 221. Generally. 
 
 Insurance covering automobiles, or indem- 
 nifying against injury, or liability 
 for injiiry, caused thereby. 44 
 L.E.A.(N.S.) 70; 51 L.R.A. (N.S.) 
 583; L.R.A.1915E, 575. 
 
 Accident insurance. 44 L.R.A. (N.S.) 
 71; 51 L.R.A.(N.S.) 583; L.R.A. 
 1915E, 575. 
 
 Fire insurance. 44 L.R.A. (N.S.) 71; 
 51 L.R.A. (N.S.) 584; L.R.A.1915E, 
 576. 
 
 Liability insurance. 44 L.R.A. (N.S.) 
 73; 51 L.R.A.(N.S.) 584; L.R.A. 
 1915E, 580. 
 
 Theft insurance. 44 L.R.A. (N.S.) 75; 
 51 L.R.A.(N.S.) 584; L.R.A.1915E, 
 579. 
 
 XIII. Animal insurance. 
 
 § 222. Generally. 
 
 Insurable interest. 44 L.R.A. (N.S.) 569. 
 Animal's health at the time policy attaches.' 
 
 44 L.E.A.(N.S.) 569. 
 Where animal is intentionally killed. 44 
 
 L.R.A.(N.S.) 570. 
 Abuse or negligence by insured. 44 L.R.A. 
 
 (N.S.) 571. t 
 
 43— '16F. 
 
 22 
 
338 
 
 INDEX TO NOTES. 
 
 INSURANCE, Xni—confd. 
 Destruction by elements. 44 L. 
 
 571. 
 Notice of animal's sickness or 
 
 L.R.A.(N.S.) 572. 
 Place where kept. 44 L.R.A. (N.; 
 Sale of animal. 44 L.R.A. (N.S, 
 
 Assignment of policy. 44 L. 
 575. 
 Animals acquired subsequently 
 
 of policy. 44 L.R.A. (N.S.) 
 Amount of recovery. 44 L.R.A. 
 Warranties and representations. 
 
 (N.S.) 577. 
 Waiver. 44 L.R.A. (N.S.) 578. 
 Arbitration of claims. 44 L.R.A 
 Attaching application. 44 L, 
 
 579. 
 Miscellaneous. 44 L.R.A. (N.S.) 
 
 ,R.A.(N.S.) 
 
 death. 44 
 
 S.) 574. 
 ) 575. 
 R.A.(N.S.) 
 
 to issuance 
 576. 
 
 (N.S.) 576. 
 44 L.R.A. 
 
 (N.S.) 579. 
 ,.R.A.(N.S.) 
 
 579. 
 
 INSURRECTION. 
 
 Continuance of constitutional guaranties 
 during war or insurrection. 45 L.R.A. 
 (N.S.) 996. 
 
 INTANGIBLE VALUES. 
 
 Treatment of, in public service property 
 valuations. 48 L.R.A. (N.S.) 1037, 
 1063, 1092, 1146. 
 
 Amortization of, in estimating return of 
 public service corporation for rate-mak- 
 ing purposes. 52 L.R.A. (N.S.) 49. 
 
 < »» 
 
 INTELLECTUAL PRODUCTIONS. 
 
 See LiTERABT AND Abtistic Pkopeett. 
 
 INTENT. 
 
 I. In general, §§ 1—4:. 
 II. Of parties to contract, §§ 5—11. 
 
 I. In general. 
 
 § 1. Generally. 
 
 As element of crime generally, see Criminal 
 
 Law, § 6. 
 Relevancy of evidence as to, see BVidence, 
 
 § 255. 
 Sufficiency of evidence as to, see Evidence, 
 
 § 299. 
 As element of homicide, see Homicide, § 5. 
 As question for jury, see Trial, § 31a. 
 
 Effect of, on debtor's right of action against 
 his creditor for collecting debt in an- 
 other jurisdiction in evasion of exemp- 
 tion laws of their domicil. 47 L.R.A. 
 (N.S.) 689. 
 
 INTENT, 1.— cont'd. 
 
 Intention to affect conduct as an element 
 of estoppel of assertion of title or in- 
 terest in real property by concealing 
 the same or representing it to be in 
 another. 48 L.R.A.(N.S.) 768. 
 
 § 3. Effect of, on law governing con- 
 tract. 
 
 As to where contract of insurance shall be 
 deemed to have been made. 52 L.R.A. 
 (N.S.) 275. 
 
 As to interest and usury. L.K.A.1916D, 
 
 751. 
 
 II. Of parties to contract. 
 
 § 5. Generally. 
 
 Presunjption and burden of proof as to, see 
 Evidence, §§ 41, 42. 
 
 Admissibility of evidence extrinsic to writ- 
 ing to show, see Evidence, § 166. 
 
 As to passing of title under contract for 
 sale of goods to be produced or manu- 
 factured. 50 L.R.A.(N.S.) 113. 
 
 As determining effect of the use of the word 
 "forfeiture" upon penalty or liquidated 
 damages. 50 L.R.A. (N.S.) 890. 
 
 § 6. Of seller of personalty. 
 
 Intention as determining place of sale of 
 intoxicating liquors. 44 L.R.A. (N.S.) 
 437. 
 
 As to passing of title under contract for 
 sale of goods to be produced or manu- 
 factured. 50 L.R.A.(N.S.) 113. 
 
 § 7. Of vendor of land. 
 
 Of one giving covenant of title or seisin 
 where granting clause merely purports 
 to convey the grantor's interest in the 
 property. L.R.A.1916E., 905. 
 
 § 9. Of parties to commercial paper. 
 
 As to ownership of paper payable to di- 
 rector or officers of a corporation. 50 
 
 L.R.A.(N.S.) 1116. 
 
 § 10. As to payments. 
 
 Intention not to pay for goods purchased 
 by one knowing that he cannot pay for 
 them. 44 L.R.A. (N.S.) 9. 
 
 § 11, Fraudulent intent. 
 
 Effect of intent on misbranding prohibited 
 by pure food and drugs law. L.R.A. 
 1916D. 170. 
 
 Begin with this 1)ook. on every law question. 
 
 INTENTIONAL INJURIES. 
 
 Prcivision exempting insurer or limiting its 
 liability in case of an injury inten- 
 tionally inflicted by another. 48 L.R.A. 
 (N.S.) 524. 
 
 Admissibility of opinion evidence as to 
 whether injuries were self-inflicted. 
 L.R.A.1915A, 1088. 
 
INDEX TO NOTES. 
 
 339 
 
 INTENTIONAL KILLING. 
 
 Right to recover for intentional Icilling of 
 person. 46 L.R.A.(N.S.) 930. 
 
 INTERDICTION. 
 
 Liability of insurer under policy of marine 
 insurance for loss occasioned by inter- 
 diction. 5 B. E. C. 32. 
 
 INTEREST. 
 
 I. In general, § 1. 
 II. For use of tnoney, §§ 2—20. 
 a. In general, §§ 2, 3. 
 ft. When recoverable, §§ 4—18. 
 
 c. Rate, § 19. 
 
 d. Compound interest, § 20. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Effect of, to render witness incompetent, see 
 Witnesses, § 23. 
 
 Interest which will disqualify one to serve 
 as commissioner or juror in eminent 
 domain proceedings. 47 L.E. A. ( N.S. ) 
 151. 
 
 II. For use of money, 
 a. In general. 
 
 § 2. Generally. 
 
 Sufficiency of tender of payment of, see 
 
 Tender, § 3. 
 Usurious interest, see Usury. 
 
 Validity of provision in contract against 
 interest. L,.R.A.1916A, 555. 
 
 Agreement to pay interest on an obligation 
 for an indefinite period as considera- 
 tion for an agreement to release the 
 principal. L.II.A.1916C, 387. 
 
 Collection of interest by agent as evidence 
 of authority to collect principle where 
 security is not in his possession. 
 L.R.A.1916B, 861. 
 • Liability of depositor who requests bank to 
 liold noninterest bearing deposit 
 against a claimant, to reimburse bank 
 for interest which it is compelled to 
 pay to claimant on the legal estab- 
 lishment of his claim to the deposit. 
 L.R.A.lQloE, 797. 
 
 Negotiability of note providing for interest 
 after maturity. L.II.A.1915B, 1216. 
 
 Treatment of interest charges in estimating 
 the return of a public service corpora- 
 tion for rate-making purposes. 52 
 L.E.A.(N.S.) 57. 
 
 Payment of, or promise to pay, interest as 
 
 consideration for agreement extending 
 
 time of payment. 52 L.R.A.(N.S.) 341. 
 
 Consult also L.R..4.. Digests to date. 
 
 INTEREST, II. a.— cont'd. 
 
 Payment of interest in advance as consider- 
 ation for agreement extending time of 
 payment of obligation. 52 L.K.A. 
 (N.S.) 353. 
 
 SufBciency of overdue interest to put pur- 
 chaser of negotiable paper on inquiry. 
 44 L.E.A.(N.S.) 401. 
 
 Allowance for interest on cost of public 
 utility plants during construction in 
 estimating value thereof. 48 L.E.A. 
 (N.S.) 1043. 
 
 Effect of provision for remission of part of 
 the principal or interest if payment is 
 made at maturity. 46 L.E.A. (N.S.) 
 897. 
 
 When instrument drawn "without interest" 
 begins to draw interest. 43 L.E.A. 
 (N.S.) 783. 
 Payable one day after date. 43 L.E.A. 
 (N.S.) 784. 
 
 Exercise of option to retire obligation be- 
 fore maturity as stopping interest. 43 
 L.E.A.(N.S.) 1146. 
 
 § 3. Defanlt in payment of. 
 
 Foreclosure of mortgage on default in pay- 
 ment of, see Mortgage, § 65. 
 
 Efiect on negotiability to bill or note of 
 provision accelerating maturity for 
 failure to pay instalment of. L.E.A. 
 1915B, 472. 
 
 6. When recoverable, 
 
 § 4. Generally. 
 
 Liability for, under policy insuring against 
 employer's liability. 43 L.E.A. (N.S.) 
 1130. 
 
 On unpaid instalments of alimony. 44 
 L.E.A.(N.S.) 1006. 
 
 As element of compensation to be paid pub- 
 lic utility company upon taking its 
 plant. 47 L.E.A. (N.S.) 790. 
 
 Liability of bank for interest on money 
 deposited with it to secure perform- 
 ance of contract or decree, or to in- 
 demnify against losses or claims. 52 
 L.E.A. (N.S.) 522. 
 
 On withdrawal from loan association. 49 
 L.E.A.(N.S.) 1135. 
 
 § 5. On bonds. 
 
 Exercise of option to retire obligation before 
 maturity as stopping interest. 43 
 L.R.A.(N,.S.) 1146. 
 
 § 6. On sum allonred as damages. 
 
 Eight to interest on allowed claims in bank- 
 ruptcy. L.R.A.1915B, 884. 
 On amount awarded to public utility com- 
 pany upon taking its plant. 47 L.E.A. 
 . (N.S.) 790. 
 Interest on amount allowed mortgagee in 
 possession for repair or improvement of 
 property. 49 L.K.A. (N.S.) 129. 
 Eight to interest in condemnation proceed- 
 ings. L.E.A.1916C, n09. 
 Right to interest in general ; when in- 
 terest begins to run. L.E.A.1916C, 
 1110. 
 
340 
 
 INDEX TO NOTES. 
 
 INTEREST, II. h— cont'd. * 
 
 Effect of tender or deposit of money. 
 
 L.II.A.1916C, 1116. 
 Waiver. L.R.A.1916C, 1118. 
 Particular jurisdictions. L.II.A.1916C, 
 
 1118. 
 Miscellaneous. L.R.A.1916C, 1124. 
 
 . § 8. On judgments. 
 
 On amount awarded to public utility com- 
 pany upon taking its plant. 47 L.R.A. 
 (N.S.) 790. 
 
 § 12. Against executors, trustees, etc. 
 
 Personal liability of trustee for interest on 
 money lost through investments. 44 
 L.R.A.(N.S.) 975. 
 
 § 13. — compound interest. 
 
 Liability of trustee for compound interest 
 on money lost through investments. 44 
 L.R.A.(N.S.) 975. 
 
 c. Rate, 
 
 § 19. Generally. 
 
 Usurious interest, see UsuET. 
 
 Authority of agent to give paper for loan 
 as to rate of interest. L.R.A.1916C, 
 136. 
 Agreement to pay higher rate of interest 
 as consideration for agreement extend- 
 ing time of payment. 52 L.R.A. (N.S.) 
 350. 
 Rate of interest allowed by admiralty court 
 in case of marine tort as aflfected by 
 place of occurrence or suit. 51 L.R.A. 
 (N.S.) 966. 
 Rate of interest after judgment on contract 
 fixing rate. 3 B. R. C. 169. 
 English rule. 3 B. R. C. 169. 
 American eases. 3 B. R. C. 171. 
 
 Preliminary statement. 3 B. R. C. 
 
 171. 
 Contracts not stipulating for in- 
 terest after maturity. 3 B. 
 R. C. 171. 
 Obligations drawing interest aft- 
 er maturity. 3 B. R. C. 171. 
 Miscellaneous. 3 B. R. C. 175. 
 Construction and effect of statutes. 3 
 B. R. C. 176. 
 "Statutes providing that judgment 
 shall bear contract rate. 
 3 B. R. C. 177. 
 Necessity for prayer. 3 B. R. 
 
 C. 181. 
 As applying to rate after ma- 
 turity. 3 B. R. C. 181. 
 Validity and effect of provision in contract 
 for increased rate of interest upon 
 default. L.R.A.1916E, 726. 
 Stipulation for higher rate of interest 
 after maturity. L.R.A.1916E, 728. 
 Stipulation for higher rate of interest 
 after default in payment of inter- 
 est. L.R.A.1916E, 729. 
 Stipulation for higher rate of interest 
 from date in case of default. 
 L.R.A.1916E, 730. 
 
 INTEREST, II. c—confd. 
 
 Stipulation for interest from date of 
 note in case of nonpayment at ma- 
 turity of noninterest-bearing note. 
 L.R.A.1916E, 731. 
 When higher rate of interest begins to^ 
 run. L.R.A.1916E, 733. 
 
 d. Compound interest. 
 
 § 20. Generally. 
 
 Against trustees, executors, etc., see supra,. 
 § 13. 
 
 Agreement to pay compound interest as. 
 consideration for agreement extending' 
 time of payment of obligation. 52; 
 L.R.A.{N.S.) 366. 
 
 « ■ » 
 
 INTEREST-BEARING STOCK. 
 
 See CoEEOEATiONS, § 74. 
 
 ♦-.-♦ . 
 
 INTERIOR. 
 
 Secretary of Interior, see Seceetaet of In- 
 
 TEEIOE. 
 
 INTERMEDIATE INCOME. 
 
 Right to intermediate income under bequest 
 to persons who come into existence aft- 
 er death of the testator. L.RA.1916F„ 
 800. 
 
 INTERNA!, REVENUE. 
 
 § I. Generally. 
 
 Effect on rights or interests of innocent per- 
 sons of seizure of property under inter- 
 nal revenue laws. L.R.A.1916E, 350. 
 
 INTERNATIONA!, I,AW. 
 
 As to private international law, see Con- 
 flict OP Laws. 
 
 Duty of conquering state with respect to 
 obligations of conquered state. 5 B. E. 
 C. 906. 
 
 INTERPLEADER. 
 
 Begin witli this hoolc on every laic qtiestion. 
 
 g 1. Generally. 
 
 Determining liability of corporation for un- 
 authorized transfer of stock on its- 
 books in proceeding by bill of inter- 
 pleader filed bv the corporation. 45 
 L.R.A.{N.S.) 1083. 
 
INDEX TO NOTES. 
 
 341 
 
 INTEBFBETATION. 
 
 CONSTSTJCTION. 
 
 #»» 
 
 INTEBPIIETEB. 
 
 ■Capacity and competency of interpreter. 
 L.R.A.1916E, 1206. 
 
 INTERSTATE COMMERCE. 
 
 See OOMMEBCE. 
 
 INTERURBAN RAILROADS. 
 
 § 1. Generally. 
 
 As to railroads generally, see Eailboads. 
 As to street railways, generally, see Street 
 
 Eailboads. 
 See also Electbio Eailboads. 
 
 Applicability of commerce clause or stat- 
 utes thereunder to. 46 L.E.A.(N.S.) 
 385. 
 
 INTERVENING CAUSE. 
 
 In general, see Peoximate Cause. 
 
 Failure of road authority to make repairs 
 as intervening cause relieving from lia- 
 bility for negligence one responsible for 
 the condition of the highvray. 3 B. E. 
 G. 1000. 
 
 INTERVENTION. 
 
 In action generally, see Pabties, § 38. 
 
 INTIMIDATION. 
 
 Of witness as contempt of court. L.E.A. 
 1915D, 571. 
 
 INTOXICATED PERSONS. 
 
 See Dbunkenness ; Intoxicating Liquobs. 
 
 INTOXICATING LIQUORS. 
 
 7. In general, § 1. 
 II. Prohibition and regulation, §§ S— 
 Sa. 
 III. License; bond, §§ 9-18. 
 IT. Unlawful sales; offenses; liquor 
 nuisance, §§ 19—37. 
 V. Civil liability and remedies, §§ 
 
 38-4:1. 
 
 Consult also L.B.A. Digests to dale. 
 
 INTOXICATING LIQUOES— cont'd. 
 /. In general. 
 
 § 1. Generally. 
 
 As to drunkenness, see Drunkenness. 
 As to when intoxication will excuse crime, 
 see Criminal Law, § 10. 
 
 Sale of stock of liquors. L.R.A.1916D, 1010. 
 Sale in gross, generally. L.R.A.1916D, 
 
 1010. 
 Sale by retail to close out stock. L.E.A. 
 
 1916D, 1011. 
 Sale by one partner to another. L.E.A. 
 
 1916D, 1011. 
 Sale by representative of estate to close 
 
 out business. L.KA.1918D, 1012. 
 Mortgage of stock liquors. L.E.A. 
 
 1916D, 1012. 
 Conducting liquor business in violation of 
 law as affecting contract for its sale. 
 45 L.E.A.(N.S.) 810. 
 Who is engaged in the liquor business with- 
 in meaning of insurance contract. 45 
 L.E.A.(N.S.) 1144. 
 Power of brewing corporation to purchase 
 or lease property to be used by retail- 
 ers of its products. 47 L.E.A. (N.S.) 
 
 //. Prohibition and regulation. 
 
 § 2. Generally. 
 
 Eegulation of liquors as interference with 
 commerce, see Commebce, § 15. 
 
 What is a village within statutes or ordi- 
 nances in relation to intoxicating liq- 
 uor. L.E.A.1915C, 898. 
 
 § 2a. Constitutionality generally. 
 
 Statute or ordinance forbidding or restrict- 
 ing advertisements of intoxicating liq- 
 uor. L.E.A.1916B, 895. 
 
 Constitutionality of Webb-Kenyon Act. 
 L.E.A.1916C, 307. 
 
 Power of municipality to prohibit trans- 
 portation of liquor into its territory. 
 L.E.A.1916E, 926. 
 
 § 3. Constitutionality of proliibition. 
 
 Power to prohibit manufacture of alcohol 
 or liquor for uses other than as a 
 beverage. 49 L.E.A. (N.S.) 182. 
 
 Power to prohibit the keeping of intoxicat- 
 ing liquor irrespective of any intention 
 to sell it in violation of law. L.E.A. 
 1915D, 172. 
 
 § 5. Conditions of business. 
 
 Regulations affecting privacy or attractive- 
 ness of premises where liquor is 
 sold. 50 L.R.A.(N.S.) 1156. 
 Entrances and exits. 50 L.E.A. (N.S.) 
 1157. 
 Validity of regulations. 50 L.E.A. 
 
 (N.S.) 1157. 
 Violations of regulations. 50 
 L.E.A.(N.S.) 1157. 
 Screens and other obstructions to view. 
 50 L.E.A.(N.S.) 1158. 
 
342 
 
 INDEX TO NOTES. 
 
 INTOXICATING LIQUORS, II.— cont'd. 
 
 Validity of regulations. 50 L.E.A. 
 
 (N.S.) 1158. 
 Violations of regulations. 50 
 L.R.A.(N.S.) 1159. 
 Booths, lounging places, etc. 50 L.E.A. 
 (N.S.) 1161. 
 Validity of regulations. 50 L.E.A. 
 
 (N.S.) 1161. 
 Violations of regulations. 50 
 L.E.A.(N.S.) 1162. 
 Chairs, seats, tables, etc., 50 L.E.A. 
 
 (N.S.) 1162. 
 Free lunches, etc. 50 L.E.A.(N.S.) 
 
 1163. 
 Amusements. 50 L.E.A.(N.S.) 1163. 
 Games. 50 L.E.A. (N.S.) 1163. 
 Music. 50 L.R.A.(N.S.) 1163. 
 Validity of regulations. 50 
 
 L.E.A.(N.S.) 1163. 
 Violations of regulations. 50 
 L.E.A.(N.S.) 1164. 
 
 § 7. — screens. 
 
 Validity and construction of regulations 
 as to. 50 L.E.A.(N.S.) 1158. 
 
 § 8. Iiocal option. 
 
 Tie vote at local option election. 49 L.E.A. 
 (N.S.) 1204. 
 
 2//, License ; bond. 
 
 § 9.' Generally. 
 
 As to licenses generally, see License, II. 
 
 Consent of infant or incompetent, or his 
 guardian, committee, or agent, to a li- 
 cense for the sale of intoxicating liq- 
 uors. L.E.A.1916D, 819. 
 
 Applicability of license laws to vessels. 
 L.E.A.1915F, 1142. 
 
 Remedy in equity for wrongful issuance of 
 license. L.R.A.1915E, 408. 
 
 Necessity of license for the sale of stock of 
 liquors. L.R.A.1916D, 1010. 
 
 § 13a. Constitutionality of license 
 lanrs. 
 
 License or tax as contrary to a constitution- 
 al provision prohibiting or restrict- 
 ing traffic in intoxicating liquor. 
 L.R.A.1915C, 101. 
 
 Where the Constitution prohibits li- 
 cense, but not the traffic. L.R.A. 
 1915C, 102. 
 
 A general licensing or taxing law in 
 territory where there is local 
 prohibition. L.R.A.1915C. 105. 
 Contra. L.R.A.1915C, 106. 
 
 Cases upon the statute which is con- 
 strued in Barnes v. State. L.R.A. 
 19150, 106. 
 
 Miscellaneous. L.R.A.1915C, 107. 
 
 § 16. Recovery back of license fee. 
 
 Recovery of unearned liquor license fee up- 
 on revocation of license for misconduct 
 of licensee. 45 L.R.A. (N.S.) 593. 
 
 § 17. Bond. 
 
 Liquor bond as affected by invalidity of 
 license. 47 L.R,A.(N.S.) 1031. 
 
 Begin ivith this "booh on every law question 
 
 INTOXICATING LIQUORS, III.— cont'd. 
 §18. —liability on. 
 
 Liability of liquor dealer's bond for acta 
 other than the sale of liquor. 
 L.R.A.1916B, 272. 
 Orderly and peaceable. L.R.A.1916E,. 
 
 273. 
 Gambling and gaming. L.R.A.1916E,. 
 
 274. 
 Open house. L.R.A.1916E, 274. 
 Permitting minors to enter. L.R.A, 
 
 1916E, 275. 
 Taxes and returns. L.R.A.1916E, 277. 
 False application. L.R.A.1916E, 277. 
 Miscellaneous. L.R.A.1916E, 277. 
 When liability on liquor dealer's bond ex- 
 hausted. 43 L.R.A. (N.S.) 76. 
 Survival of cause of action on liquor deal- 
 er's bond after death of licensee. 47 
 L.R.A.(N.S.) 183. 
 
 IT. Unlawful sales; offenses; liquor 
 nuisance. 
 
 § 19. Generally. 
 
 Interstate commerce in, see Commeece, § 15.. 
 
 Presumption and burden of proof in prose- 
 cution for, see Evidence, § 117. 
 
 Sufficiency of evidence as to, see Evidence,. 
 § 327. 
 
 Indictment for salej see Indictment, etc.,. 
 § 22. 
 
 Validity of statutory provision for attor- 
 ney's fee in proceeding by statute to- 
 abate a liquor nuisance. L.R.A.1915E, 
 949. 
 Sale of stock of liquors. L.R.A.1916D, 1010. 
 Applicability of liquor laws to vessels. 
 L.R.A.1915F, 1140. 
 Vessels at anchor within district. 
 
 L.R.A.1915F, 1141. 
 Vessels under way. L.E.A.1915F, 1141. 
 Crossing boundary line in evasion of 
 
 local law. L.E.A.1915F, 1141. 
 License. L.E.A.1915F, 1142. 
 Proof. L.R.A.1915F, 1143. 
 Vessels engaged in interstate commerce. 
 L.E.A.1915F, 1143. 
 Purchasing or procuring liquor for another 
 as a substantive offense. 45 L.R.A. 
 (N.S.) 957. 
 "Giving." 45 L.R.-A.(N.S.) 958. 
 "Procuring." 45 L.R.A. (N.S.) 959. 
 "Furnishing." 45 L.R.A. (N.S.) 959. 
 "Disposing of." 45 L.R.A. (N.S.) 960. 
 Causing to be sold. 45 L.E.A. (N.S.) 
 
 960. 
 "Keeping for" another person. 45- 
 
 L.R.A.(N.S.) 960. 
 Statute construed as limited to car- 
 riers. 45 L.R.A.(N.S.) 960. 
 Criminal responsibility of purchaser of in- 
 toxicating liquors illegally sold. 
 46 L.R.A.(N.S.) 409. 
 Purchaser as witness. 46 L.R.A. (N.S.) 
 410. 
 Criminal liability of collector of draft at- 
 tached to bill of lading of liquor. 46 
 _L.R.A.(N.S.) 1139. 
 Instigation or consent to violation of liquor 
 statute as a defense to prosecution. 
 51 L.R.A.(N.S.) 825. 
 
INDEX TO NOTES. 
 
 343 
 
 INTOXICATING LIQUORS, lY.— cont'd. 
 § 20. VlThat constitutes a sale. 
 
 Serving liquor with meals by proprietor of 
 hotel, restaurant, or boarding house as 
 a sale thereof. 52 L.E.A.(N.S.) 722. 
 
 Is serving liquor by a club to its members a 
 "sale." L.R.A.1915C, 878. 
 
 Loan as sale. L.R.A.1915C, 648. 
 
 § 21. — sale at retail. 
 
 What amounts to retail sale as distinguish- 
 ed from wholesale. L.R.A.1915B, 389. 
 
 § 22. Sale by club. 
 
 Applicability of liquor laws to social club 
 dispensing liquors to members. 
 L.R.A.1915C, 876. 
 
 In general. L.R.A.1915C, 877. 
 
 Is serving liquor by a club to its mem- 
 bers a "sale." L.R.A.191.5C, 878. 
 
 Does such serving conflict with a stat- 
 ute designed to regulate the "busi- 
 ness" of selling liquor. L.R.A. 
 1915C, 881. 
 
 Does such serving constitute the club 
 a "barroom," "place of resort," etc., 
 within the meaning of liquor laws. 
 L.R.A.I9I0C, 881. 
 
 Club as a "person," within the meaning 
 of liquor laws. L.R.A.1915C, 884. 
 
 Organization not a bona fide social 
 club. L.R.A.1915C, 884. 
 
 § 23. Sales by partner, servant, agent, 
 etc. 
 
 Criminal responsibility of lessor of place 
 for illegal sale of intoxicating liquors. 
 44 L.R.A.(N.S.) 864. 
 
 . § 26. Place of sale. 
 
 Intention. 44 L.R.A. (N.S.) 437. 
 Statutes purporting to fix the place of 
 
 sale. 44 L.R.A. (N.S.) 437. 
 Place where order is taken as place of sale. 
 
 44 L.R.A. (N.S.) 439. 
 Executory contract; place of acceptance of 
 order as place of sale. 44 L.R.A. (N.S.) 
 442. 
 Place of delivery to- carrier as place of sale. 
 44 L.R.A.(N.S.) 450. 
 Consignment to purchaser. 44 L.R.A. 
 (N.S.) 450. 
 As affected by statute of frauds. 
 
 44 L.R.A. (N.S.) 454. 
 Where contract calls for delivery 
 at destination. 44 L.R.A. 
 (N.S.) 456. 
 Shipment without previous order 
 from consignee. 44 L.R.A. 
 (N.S.) 456. 
 Stipulation as to loss or reserva- 
 tion of right to reject. 44 
 L.R.A.(N.S.) 457. 
 Eeshipment or resale; sale in tran- 
 situ. 44 L.R.A.(N.S.) 458. • 
 Parcels for different purchasers, 
 shipped in a single package. 
 44 L.R.A.(N.S.) 458. 
 C. 0. D. shipments. 44 L.R.A. 
 (N.S.) 459. 
 Consignment to seller or his agent or a 
 third person. 44 L.R.A. (N.S.) 461. 
 Consult also L.B.A. Digests to date. 
 
 INTOXICATING LIQUORS, IV.— cont'd. 
 
 Where delivery is made without aid of com- 
 mon carrier. 44 L.R.A. (N.S.) 463. 
 
 When exact place of sale involved; sale on 
 premises. 44 L.R.A. (N.S.) 466. 
 
 § 27. — church; school. 
 
 Liability on liquor dealer's bond for sale 
 within prohibited distance of church. 
 L.R.A.1916E, 277. 
 
 What is a school or church within a stat- 
 ute forbidding traffic in intoxicating 
 liquors within a given distance of such 
 a building. 43 L.R.A. (N.S.) 1142. 
 
 § 30. Character of liquor. 
 
 Judicial notice as to intoxicating character 
 of liquor, see Evidence, § 15. 
 
 Is allegation or proof of the sale of "beer" 
 or "lager beer" sufficient to sustain a 
 conviction under statutes prohibiting 
 the sale of spirituous, vinous, distilled, 
 malt, fermented or intoxicating liquors. 
 48 L.R.A.(N.S.) 308. 
 
 Do statutes forbidding the sale of a certain 
 class or classes of liquor include non- 
 intoxicating liquor. 46 L.R.A. (N.S. ) 
 759. 
 
 § 31. — mistake in beverage as de- 
 fense. 
 
 Mistake in beverage as defense to charge of 
 illegal sale of liquor. L.R.A. 1916D, 
 266. 
 
 § 32. Responsibility of carrier for 
 transporting. 
 
 Duty of carrier to accept liquor for trans- 
 portation to points where its sale is 
 prohibited or restricted. 45 L.R.A. 
 (N.S.) 120. 
 
 Constitutionality, construction, and effect 
 of Webb-Kenyon Act. L.R.A.1916C, 
 301. 
 
 § 34. Seizure and destruction. 
 
 Effect of, on rights or interests of innocent 
 persons. L.R.A.1916E, 350, 354. 
 
 § 35. Punishment. 
 
 Conviction or acquittal of sale of liquor as 
 a bar to a prosecution for sales made 
 prior to the first indictment. 45 L.R.A. 
 (N.S.) 977. 
 
 Cruel and unusual punishment for. L.RA. 
 1915C, 567. 
 
 T'^. Civil liability and remedies. 
 
 §38. Generally. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of saloon as affected 
 by its territorial scope. L.R.A.1916C, 
 630. 
 
 Right of action in the absence of a civil 
 damage act for injury or death follow- 
 ing unlawful sale of liquor. 44 L.R.A. 
 (N.S.) 299. 
 
 § 41. Civil damage act. 
 
 Liability of liquor dealer on bond, see supra, 
 
 § 18. 
 
344 
 
 INTOXICATING LIQUORS, Y.— cont'd. 
 
 Necessity, in order to support a recovery 
 under civil damage act, that the in- 
 toxication be the. proximate cause of 
 the injury. 50 L.R.A.(N.S.) 858. 
 
 Excessive damages under civil damage act 
 for death through intoxication. L.R.A. 
 1916D, 943. 
 
 INDEX TO NOTES. 
 
 IBON-SAFE CI^USE. 
 
 See Instteance, § 79. 
 
 ♦ « » 
 
 INTOXICATION. 
 
 See Dbtjnkenness. 
 
 4 ■ » 
 
 INVENTIONS. 
 
 See Patents. 
 
 INVESTMENTS. 
 
 Of public money, see Ptiblic Money, § la. 
 By trustee, see Texjsts, § 26a. 
 
 Scheme for investment of small sums as 
 constituting insurance. 47 L.R.A. 
 (N.S.) 296. 
 
 INVITEES. 
 
 Liability of landlord for injury to Invitees 
 of tenant, see Landloed and Tenant, 
 IV. d, 4. 
 
 INVOLUNTARY EVIDENCE. 
 
 See Evidence, JX. 
 
 INVOLUNTARY PAYMENTS. 
 
 Recovery back of, see Asstimpsit, § 4. 
 
 INVOLUNTARY SERVITUDE. 
 
 Statute creating prima facie rules of evi- 
 dence in criminal case as infringement 
 against constitutional prohibition 
 against involuntary servitude. L.R.A. 
 1915C, 725. 
 
 IRON MILL. 
 
 » « » 
 
 What Is, within meaning of workmen's 
 compensation act. L.R.A.1916A, 201. 
 
 IRREGULAR INDORSER. 
 
 See Bills and Notes, § 29. 
 
 ♦ « » 
 
 IRREPARABLE INJURY. 
 
 As ground for injunction, see Injunction, 
 § 5. 
 
 IRRESISTIBLE IMPULSE. 
 
 As an excuse for crime, see Ceiminal Law, 
 § 8. 
 
 ♦ • » 
 
 IRRIGATION. 
 
 See Watees, II. o. 
 
 4 « » 
 
 IRRIGATION COMPANY. 
 
 State regulation of rates of irrigation com- 
 panies. L.R.A.1915D, 1205. 
 
 Right of stockholder in mutual irrigation 
 company to maintain action against 
 the company for negligent failure to 
 furnish water. L.R.A.1915D, 292. 
 
 ISSUE. 
 
 Presumption and sufficiency of evidence as 
 to death without issue. 4 B. R. C. 
 632. 
 Doctrine as to possibility of issue extinct 
 as affecting property rights. 48 
 L.R.A.(N.S.) 865. 
 Rule against perpetuities. 48 L.R.A. 
 (N.S.) 867. 
 ■ Distribution of property. 48 L.R.A. 
 (N.S.) 868. 
 Trusts. 48 L.R.A. (N.S.) 873. 
 Validity of titles. 48 L.R.A. (N.S.) 874. 
 
 JACKS. 
 
 Master's liability for injury by defects in 
 lifting jack. 51 L.R.A. (N.S.) 339. 
 
 JAILS AND PRISONS. 
 
 § 1. Generally. 
 
 Imprisonment in penitentiary as cruel and 
 unusual punishment. L.R.A.1915C, 
 560. 
 
 Begin with this boolc on every law question. 
 
INDEX TO NOTES. 
 
 345 
 
 JAILS AND PRISONS— cont'd. 
 § 4. Liability for tort of keeper or 
 inmate of. 
 
 Liability of municipality for negligence or 
 other tort of keeper or inmate of mu- 
 nicipal prison. 52 L.R.A.(N.S.) 943. 
 
 § 6. Escape from. 
 
 Justification of prison breach. 52 L.R.A. 
 (N.S.) 369. 
 
 JAMAICA GINGER. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 307. 
 
 JEOPARDY. 
 
 See Ceiminal Law, IV. d. 
 
 JERKS. 
 
 Injury to passenger by, see Caebiees, §§ 66, 
 €7. 
 
 JIM CROW CARS. 
 
 Liability for placing white passenger in. 
 L.R.A.1916E, 280. 
 
 JITNBT BUSES. 
 
 Regulation of jitney buses. L.R.A.1915F. 
 
 840; L.R.A.1916B, 1156. 
 Power to regulate, generally. L.K.A. 
 
 1916B, 1156. 
 Right to require experience in opera- 
 tion. L.R.A.1915F, 842. 
 Right to require license. L.R.A.1916B, 
 
 1157. 
 Necessity of license to operate jitney 
 
 buses. L.R.A.1916B, 1157. 
 Regulation as to license fees. L.R.A. 
 
 1915F, 842; L.R.A.1916B, 1157. 
 Discretion in granting or refusing 
 
 license. L.R.A.1916B, 1158. 
 Revocation of license. L.R.A.1916B, 
 
 1158. 
 Right to require bond. L.R.A.1915F, 
 
 842; L.E.A.1916B, 1158. 
 Regulations as to routes, schedules, 
 
 and fares. L.R.A.1916B, 1159._ 
 Certificate of convenience and necessity. 
 
 L.R.A.1916B, 1159. 
 Constitutionality of ordinance. L.R.A. 
 
 1915F, 842. 
 Who may enjoin operation of jitney 
 
 buses. L.R.A.1916B, 1160. 
 Decisions and orders of Public Service 
 
 Commissions. L.R;A.1915F, 845; 
 
 L.R.A.1916B, 1160. 
 Consult also L.R.A. Digests to date. 
 
 JITNEY BUSES— cojit'd. 
 
 Establishment of routes upon appli- 
 cation for certificate of convenience 
 and necessity. L.E.A.1916B, 1160. 
 
 JOBBERS. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of jobbing business as 
 affected by its territorial scope. L.R.A. 
 1916C, 631. 
 
 JOINDER. 
 
 Of actions, see Action or Suit, VI. 
 
 Of indictment, see Indicttment, etc., § 31. 
 
 Of parties, see Paeties, § 36. 
 
 JOINT ADVENTURE. 
 
 Effect of secret advantage to one member 
 of a joint adventure. 50 L.R.A. (N.S.) 
 1046. 
 
 Imputed negligence of passenger riding in 
 automobile driven by another in case 
 of joint enterprise. L.R.A.1915B, 955. 
 
 4 « » 
 
 JOINT CONTRACTS. 
 
 See Joint Ceeditoes and Debtobs. 
 
 JOINT CREDITORS AND DEBTORS. 
 
 Z. In general, §§ 1—7. 
 II. Release of one joint deitor, §§ 8— 
 11. 
 
 I. In general. 
 
 § I. Generally. 
 
 Form of judgnient under statute permitting 
 action to proceed upon service of less 
 than all the joint debtors sued. 43 
 L.R.A.(N.S.) 540. 
 
 Liability of suretie3 on bond in judicial 
 proceedings where judgment is in favor 
 of one principal and against another. 
 51 L.R.A.(N.S.) 655. 
 
 Right of client to recover from third per- 
 son for services rendered by attorney 
 which benefit both. L.R.A.1915B, 856. 
 
 Effect of waiver or tolling of statute of 
 limitations or nonclaim by personal 
 representative of one joint debtor upon 
 liability of other joint debtors. L.R.A. 
 1915B, 1049. 
 
 § 2. Joint liability on contract. 
 
 Fixing the extent of liability of the several 
 cybligors to an agreement as making it 
 joint and several or several. L.R.A. 
 1915B, 221. 
 
346 
 
 INDEX TO NOTES. 
 
 JOINT CREDITORS AND DEBTORS, I.— 
 cont'd. 
 
 § 3. Joint liability for torts or negli- 
 gence. 
 
 Joint liability of successive owners of prop- 
 erty for nuisance maintained there- 
 on. 46 L.R.A.(N.S.) 1187. 
 Kinds of action. 46 L.R.A.(N.S.) 1187. 
 Old remedies. 46 L.R.A.(N.S.) 
 
 1187. 
 Modern remedies. 46 L.R.A. (N.S.) 
 1188. 
 Joinder in various kinds of action. 46 
 L.R.A. (N.S.) 1188. 
 Writ of nuisance. 46 L.R.A. ( N.S. ) 
 
 1188. 
 Action on the case for damages. 46 
 
 L.R.A.(N.S.) 1188. 
 Actions in equity. 46 L.R.A. { N.b. ) 
 
 1188. 
 Actions under special statute. 46 
 L.R.A. (N.S.) 1189. 
 Joinder of landlord and tenant. 46 
 L.R.A.(N.S.) 1189. 
 Actions for damages on account of 
 nuisance. 46 L.R.A. (N.S.) 
 1189. 
 Actions in equity. 46 L.R.A. (N.S.) 
 
 1190. 
 Actions under special statutes. 46 
 L.R.A. (N.S.) 1190. 
 Liability of joint employers for torts of the 
 
 employees. 51 L.R.A. (N.S.) 866. 
 Joint liability under workmen's compensa- 
 tion acts of employer and third person 
 whose negligence causes the injury. 
 L.R.A.1916A, 101. 
 Liability of co-owners of automobile. 
 
 L.R.A. 1916E, 1301. 
 Liability of joint owners of automobile or 
 carriage for torts of common servant. 
 51 L.R.A.(N.S.) 1116. 
 Joint liability for injury resulting from 
 failure to prevent contact of wires car- 
 rying electric current. 52 L.R.A. (N.S.) 
 603. 
 
 § 6. Contribution between joint tort 
 feasors. 
 
 See CONTEiBtmoN, § 2. 
 
 II. Release of one joint deMor. 
 
 § 8. Generally. 
 
 Release of master by servant accepting 
 benefits of relief fund as bar to action 
 against another who is liable. 48 
 L.R.A.(N.S.) 450. 
 
 § 9. Reservation of rights against 
 others. 
 
 Effect, in release of one joint tort feasor, of 
 reservation of right as against others. 
 L.R.A.1915E,.800. 
 
 JOINT DEBTORS. 
 
 See Joint Ceeditobs and Debtoks. 
 
 JOINT DEPOSIT. 
 
 Payment of money deposited on joint ac- 
 count. L.R.A.1915D, 920. 
 
 JOINT EMFIiOYERS. 
 
 Liability of joint employers for torts of the 
 employees. 51 L.R.A. (N.S.) 866. 
 
 Liability of joint owners of automobile or 
 carriage for joint torts of common serv- 
 ant. 51 L.R.A.(N.S.) 1116. 
 
 » »» 
 
 JOINT ENTERPRISE. 
 
 See Joint Adventubb. 
 
 ♦-•-♦ 
 
 JOINT EXECUTORS AND ADMINIS- 
 TRATORS. 
 
 Power of one of two or more personal repre- 
 sentatives to waive or toll statute of 
 limitations or nonclaim as to an in- 
 debtedness of the estate. L.R.A.1915B, 
 1039. 
 
 ♦ « » 
 
 JOINT LIABILITY. 
 
 See Joint Gbeditoss and Debtors. 
 
 JOINT PURCHASERS. 
 
 Effect of secret advantage to one of several 
 joint purchasers. 43 L.R.A. (N.S.) 934. 
 
 JOINT TENANTS. 
 
 See COTENANCT. 
 
 JOINT TORT FEASORS. 
 
 See Joint Cbeditoks and Debiobs. 
 
 » « » 
 
 JOINT TRESPASSERS. 
 
 See Joint Cbeditobs and Debtors. 
 
 JOINTURE. 
 
 See DowEB. 
 
 Begin ivith this J>oo1c on every law question. 
 
INDEX TO NOTES. 
 
 347 
 
 JOLTS. 
 
 Injury to passenger by, see Cahbiers, §§ 66, 
 67. 
 
 JOY BIDE. 
 
 [Liability of owner for injuries caused by 
 automobile while being used by a serv- 
 ant or a third person' for his own busi- 
 ness or pleasure. 47 L.R.A. (N.S.) 662; 
 L.E.A.1916A, 957. 
 
 JUDGES. 
 
 § 1. Generally. 
 
 •Conduct of, as ground for reversal, see Ap- 
 peal AND Error, § 38. 
 
 Contempt of, see Contempt. 
 
 Kecall of, see Initiative, Referendum, and 
 Recall, § 2. 
 
 Competency of, as witness, see Witnesses, 
 § 16. 
 
 Iiibel or slander by imputing misconduct to. 
 
 L.R.A.1915D, 579. 
 Presence of judge in grand jury room as af- 
 fecting indictment. L.R.A.1916D, 1126. 
 Power of legislature to add to or vary the 
 constitutional method of selecting 
 judges. L.R.A.1916PJ, 834. 
 Special judges. L.R.A.1916E, 836. 
 
 Selection of nonjudicial persons. 
 L.R.A.1916E, 836. 
 In absence of special constitu- 
 tional provisions. L.R.A. 
 1916E, 836. 
 Where the Constitution con- 
 tains provisions applica- 
 ble to the matter. L.R.A. 
 1916E, 839. 
 Selecting other judges or courts. 
 L.R.A.1916E, 842. 
 Tilling vacancies. L.R.A.1916E, 844. 
 Additional judges of existing courts. 
 
 L.R.A.1916E, 846. 
 Judges of new courts. L.E.A.1916E, 
 
 847. 
 Delegating or conferring power to ap- 
 point. L.R.A.1916E, 848. 
 Peculiar election laws. L.R.A.1916E, 
 
 849. 
 Justices of the peace. L.R.A. 1916E, 
 
 850. 
 Miscellaneous. L.R.A.1916E, 852. 
 Constitutionality of statute providing for 
 election of judicial officers by separate 
 ballot. 44 L.R.A. (N.S.) 712. 
 
 § 3. Disqualification. 
 
 Effect of fact that judge otherwise disquali- 
 fied is only one who has power to de- 
 cide case. L.R.A.1915E, 858. 
 
 Belief in guilt or innocence of accused as 
 disqualification of judge in criminal 
 case. 45 L.R.A. (N.S.) 511. 
 VomuJt also L.R.A. Digests to date. 
 
 JUDGES— -cont'd. 
 
 Participation by judge in movement to en- 
 force criminal law on particular sub- 
 ject as disqualifying him to preside at 
 trial. 45 L.R.A. (N.S.) 519. 
 
 Participation in a judicial capacity in other 
 proceedings against accused as disquali- 
 fying judge to preside at trial. 45 
 L.R.A.(N.S.) 5S;5. 
 
 § 6. Pomrers and duties of. 
 
 Delegation of power to, see Constitutional 
 Law, § 16. 
 
 Power of court to call and examine wit- 
 nesses. L.R.A.1916A, 1191. 
 
 § 8. liiability of. 
 
 Liability for false imprisonment, see False 
 Imprisonment, § 7. 
 
 Libel or slander by. L.R.A.1915E, 1051. 
 Liability of judicial oflicer to civil action 
 for acts of judicial nature. 44 
 L.R.A. (N.S.) 164. 
 General rules. 44 L.R.A. (N.S.) 165. 
 Judges of superior courts. 44 
 L.R.A.(N.S.) 165. 
 When acting within their ju- 
 risdiction. 44 L.R.A. 
 (N.S.) 165. 
 When exceeding their juris- 
 diction. 44 L.R.A. (N.S.) 
 165. 
 When acting corruptly. 44 
 L.R.A.(N.S.) 166. 
 Judges of inferior courts. 44 
 L.R.A.(N.S.) 166. 
 When acting within their ju- 
 risdiction. 44 L.R.A. 
 (N.S.) 166. 
 When acting without juris- 
 diction. 44 L.R.A.(N.S.) 
 167. 
 When acting corruptly. 44 
 L.R.A.(N.S.) 169. 
 Modern theory. 44 L.R.A. (N.S.) 
 171. 
 Conclusiveness of determination by 
 judge of question of jurisdiction. 
 44 L.R.A.(N.S.) 171. 
 Issuing warrants, attachments, etc. 44 
 
 L.R.A.(N.S.) 172. 
 Errors occurring after acquiring juris- 
 diction. 44 L.R.A. (N.S.) 173. 
 Committing for contempt. 44 L.R.A. 
 
 (N.S.) 175. 
 Liability in accepting bonds. 44 L.R.A. 
 
 (NiS.) 175. 
 Coroners. 44 L.R.A. (N.S.) 177. 
 Miscellaneous. 44 L.R.A. (N.S.) 177. 
 
 JUDGMENT. 
 
 suJ)- 
 
 I. In general, § 1. 
 II. Rendition; entry; form; 
 stance, §§ 2—19. 
 a. In general, §§2,3. 
 h. By default or confession, §§ 
 4=-6. 
 
348 
 
 INDEX TO NOTES. 
 
 JUDGMENT, n.— cont'd. 
 
 c. Form and substance, §§ 7— 
 13. 
 
 d. Entry; record; docTceUng ; 
 
 amendment, §§ 14:— 18. 
 
 e. Motion in arrest, § 19. 
 
 III. Effect and conclusiveness, §§ 30— 
 57. 
 a. In general, §§ 30—27. 
 
 d. What matters concluded, §§ 
 
 34r-i0. 
 
 e. As to parties, §§ 41—50. 
 
 f. Collateral attack, §§ 51—57. 
 
 1. In general, §§ 51—53. 
 8. Grounds, §§ 54-57. 
 IT. The lien, §§ 58-65. 
 
 a. In general, §§ 58—60. 
 6. Priority of, §§ 61—64. 
 c. On what property, § 65. 
 V. Foreign judgments, §§ 66—73. 
 a. In general, § 66. 
 ft. Effect and conclusiveness, 
 §§ 67-70. 
 VI. Payment; discharge; assignment, 
 §§ 74-78. 
 a. Payment; discharge; satis- 
 faction, §§ 7*-77. 
 VII. Revival; enforcement, §§ 79— 
 86. 
 a. Revival; scire facias, §§ 79, 
 
 80. 
 6. Enforcement, §§ 81—86. 
 VIII. Relief from,; setting aside, §§ 
 87-97. 
 a. In general, §§ 87—93. 
 h. Grounds, §§ 93-97. 
 
 I. In general. 
 
 § 1. Generally. 
 
 On appeal, see Appeal and Eeroe, IX. 
 
 Reversible error as to, see Appeal and Er- 
 EOE, § 40. 
 
 Dismissal and discontinuance, see Dismis- 
 sal AND DiSCONTINTJANCE. 
 
 Interest on, see Interest, § 8. 
 
 In criminal prosecution, see Oeiminal Law, 
 VI. 
 
 In divorce suit, see Divorce and Separa- 
 tion, II. c. 
 
 In garnishment proceeding, see Garnish- 
 ment, § 20. 
 
 On habeas corpus, see Habeas Corpus, § 7. 
 
 In injunction suit, see Injunction, V. 
 
 On foreclosure, see Mortgage, § 74. 
 
 In replevin suit, see Replevin, § 15. 
 
 Against partnership, see Partnership, § 56. 
 
 Subrogation to rights under, see Subroga- 
 tion, § 9. 
 
 Nonsuit, see Trial, § 59. 
 
 Situs as between different states or coun- 
 tries of judgments for purposes of prop- 
 erty taxation. L.R.A.1915C, 944. 
 
 Liability of judicial officer tor proceedings 
 after. 44 L.R.A.(N.S.) 164. 
 
 Right of action of third person for fraud 
 inducing him to submit to a Judgment 
 less favorable to him than he was en- 
 titled to. 46 L.R.A.(N.S.) 110. 
 
 Begin with this boolc on every law question. 
 
 JUDGMENT— cont'd. 
 
 II. Rendition; entry; form; substance 
 a. In general. 
 
 § Z. Generally. 
 
 Power of attorney to bind client by con 
 sent decree. 46 L.R.A.(N.S.) 750. 
 
 § 3. Jurisdiction. 
 
 Jurisdiction to grant decree of divorce, sei 
 DrvoHCE and Separation, II. b. 
 
 Sufficiency of service to sustain judgment 
 see Writ and Process, II. 
 
 b. By default or confession. 
 
 § 4. By default. 
 
 Relief from, see infra, §§ 90, 97. 
 
 Efffect of entry of second judgment without 
 vacation or reversal of former judg 
 ment by default. 44 L.R.A.(N.S.) 344 
 
 § 5. By confession. 
 
 Confession of judgment by personal repre- 
 sentative as waiver of statute of limi- 
 tations as to an indebtedness of tht 
 estate. L.R.A.1915B, 1049. 
 
 c. Form and substance. 
 
 § 7. Generally. 
 
 Form of judgment under statute permitting 
 action to proceed upon service oi 
 less than all the partners or joini 
 debtors sued. 43 L.R.A.(N.S.) 540, 
 
 Under statutes providing that judgmeni 
 may be entered against all the de- 
 fendants. 43 L.R.A.(N.S.) 541. 
 
 Under statutes providing that plaintifl 
 may proceed to judgment against 
 those served. 43 L.R.A.(N.S.) 543, 
 
 New Jersey rule. 43 L.R.A.(N.S.) 545. 
 
 Rhode Island rule. 43 L.R.A.(N.S.) 
 545. 
 
 Texas rule. 43 L.R.A.(N.S.) 545. 
 
 § 9. Personal judgment. 
 
 Deficiency decree in foreclosure suit, see 
 Mortgage, § 84. 
 
 Action to recover personal judgment for 
 unlawful seizure of property by chattel 
 mortgagee assuming to act under mort- 
 gage. L.R.A.1915E, 196. 
 
 § 11. Amount. 
 
 Extent of recovery in ejectment by tenants 
 in common against stranger. 51 L.R.A. 
 (N.S.) 50. 
 
 § 13. Non obstante veredicto. 
 
 Effect of motion for judgment non obstante 
 veredicto after entry of judgment on 
 entry of second judgment without va- 
 cation or reversal of the first. 34 
 L.R.A. (N.S.) ,348. 
 
 Right to judgment non obstante veredicto 
 because of failure of proof. L.R.A, 
 1916E, 828. 
 
' INDEX TO NOTES. 
 
 349 
 
 JUDGMENT, 11.— confd. 
 
 d. Entry; record; doclceting; amend- 
 ment. 
 
 § 15. What entry or record necessary 
 to complete. 
 
 Certainty and accuracy as to Christian 
 names or initials in record or index 
 relied on as imparting constructive 
 notice. L.R.A.1915D, 1211. 
 
 e. Motion in arrest. 
 
 § 19. Generally. 
 
 Motion in arrest of judgment against gar- 
 nishee on ground of invalidity of judg- 
 ment against principal because of lack 
 of jurisdiction. 51 L.R.A.(N.S.) 599. 
 
 ///. Effect and conclusiveness, 
 a. In general. 
 
 § 20. Generally. 
 
 Of foreign judgment, see infra, § 67. 
 Effect and conclusiveness of decision on 
 
 appeal, see Appeal and Ekbob, IX. c. 
 Recovery for part of claim as bar to further 
 
 suit, see Action or Suit, § 17. 
 In divorce suit, see Divobce and Sepaba- 
 
 IION, §§ 14, 15. 
 Effect of fraud on, see Feaud and Deceit, 
 
 § 28a. 
 
 Conclusiveness of judicial admissions as to 
 strangers. L.R.A.1915A, 200. 
 
 Final judgment in state court as bar to 
 action under Federal employers' lia- 
 bility act. 47 L.E.A.(N.S.) 79. 
 
 Effect of decree under the Torrens Law. 
 L.R.A.1916D, 50. 
 
 Allowance or disallowance of claim by 
 bankruptcy court as res judicata in a 
 suit or proceeding on the claim in 
 another court. 43 L.R.A.(N.S.) 950. 
 
 Rate of interest after judgment on contract 
 fixing rates. 3 B. E. C. 169. 
 
 Judgment as change of interest or title, 
 or violation of provision requiring sole 
 and unconditional ownership. 50 
 L.R.A.{N.S.) 1164. 
 
 Acquittal in criminal court as bar to ex- 
 pulsion of member of association for 
 same acts. 50 L.R.A.(N.S.) 579. 
 
 § 20a. Effect of entry of second judg- 
 ment iritbont vacation or reversal 
 of first. 
 
 General rule. 44 L.E.A.(N.S.) 338. 
 
 Contrary doctrine. 44 L.R.A.(N.S.) 
 
 340. 
 Waiver. 44 L.E.A.(N.S.) 342. 
 Interlocutory judgments. 44 L.R.A. 
 (N.S.) 343. 
 Judgments by default. 44 L.R.A. (N.S.) 
 
 344. 
 Effect of granting new trial. 44 L.R.A. 
 
 (N.S.) 346. 
 Dismissal of case after judgment. 44 
 L.R.A.(N.S.) 347. 
 Consult also L.B.A. Digests to date. 
 
 JUDGMENT, III. a.—cont'd. 
 Motions for judgment non obstante vere- 
 dicto. 44 L.R.A.(N.S.) 348. 
 Miscellaneous. 44 L.R.A. ( I^.S. ) 348. 
 
 § 26. Habeas corpus decree as to cus- 
 tody of infant as res judicata. 
 
 In general. 49 L.R.A. (N.S.) 83. 
 Foreign decree. 49 L.R.A. (N.S.) 84. 
 
 d. What matters concluded, 
 
 § 34. Generally. 
 
 In divorce suit, see Divoece and Sepaba- 
 TION, §§ 14, 15. 
 
 Conclusiveness as to issues involved, of 
 habeas corpus decree as to custody of 
 child. 49 L.R.A.(N.S.) 83. 
 Acquittal in criminal court as bar to ex- 
 pulsion of member of association for 
 same acts. 50 L.R.A. (N.S.) 579. 
 Recovery by physician as bar to action 
 for malpractice. 46 L.R.A. (N.S.) 219. 
 Decree against infringer of patent as affect- 
 ing right of patentee to proceed against 
 purchasers of the infringing articles. 
 L.R.A.1915F, 1101. 
 Judgment in action for personal injury as 
 abatement of action for death or 
 vice versa. L.R.A.1915E, 1152. 
 In general. L.R.A.1915E, 1152. 
 Effect of judgment rendered during life 
 of the injured person. L.R.A. 
 1915E, 1152. 
 Action pending when injured person 
 died, or subsequently com- 
 menced. L.R.A.1915E, 1156. 
 As 'between personal representative 
 and beneficiaries. L.R.A. 
 1915E, 1161. 
 As between parents. L.R.A.1915E, 
 
 1162. 
 As between parent and children. 
 
 L.R.A.1915E, 1162. 
 Effect of fraud or collusion. L.R.A. 
 1915E, 1162. 
 Judgment in action by person in one 
 capacity as bar to action by 
 same person in different ca- 
 pacity. L.R.A.1915E, 1162. 
 Action by parent. L.R.A.1915E, 
 
 1162. 
 Action by personal representative. 
 L.R.A.1915E, 1163. 
 
 § 35. In action on insurance policy. 
 
 Conclusiveness of findings of coroner as to 
 cause of death in action on insurance 
 policy. 45 L.R.A. (N.S.) 404. 
 
 e. As to parties. 
 
 § 41. Generally. 
 
 Effect of decree in proceedings under the 
 Torrens Law. L.R.A.1916D, 50. 
 
 Who bound by habeas corpus decree as to 
 custody of child. 49 L.R.A. (N.S.) 83. 
 
 Recovery by bailor as bar to action by 
 bailee for damage to or conversion of 
 bailed property. 3 B. R. C. 404. i 
 
350 
 
 INDEX TO NOTES. 
 
 JUDGMENT, III. e— cont'd. 
 
 Judgment in a suit by one taxpayer as res 
 
 judicata in a suit by another. 49 
 
 L.Il.A.(N.S.) 108. 
 Judgment in favor of one or more sureties 
 
 and against others in action by obligee 
 
 as res judicata between sureties. 51 
 
 L.R.A.(N.S.) 797. 
 Acquittal of one of the parties to a sexual 
 
 offense as a bar to prosecution of the 
 
 other. 49 L.R.A.(N.S.) 479. 
 
 § 42. Persons not parties nor notified. 
 
 Decree in proceedings under the Torrens 
 Law. L.R.A.1916D, 50. 
 
 /. Collateral attach. 
 
 1. In general. 
 
 § 51. Generally. 
 
 On decree of divorce, see Divorce and Sep- 
 ABATION, §§ 16-19. 
 
 On decree in proceedings under the Torrens 
 Law. L.R.A.1916D, 50. 
 
 § 52. Who may attack judgment. 
 
 Right of garnishee to attack judgment 
 against principal defendant for 
 lack of jurisdiction. 51 L.R.A. 
 (N.S.) 597. 
 Time of attack. 51 L.R.A.(N.S.) '599. 
 In arrest of judgment. 51 L.R.A. 
 
 (N.S.) 599. 
 Upon statutory trials de novo on ap- 
 peal. 51 L.R.A.(N.S.) 599. 
 After judgment against garnishee. 51 
 
 L.R.A. (N.S.) 600. 
 On scire facias upon judgment 
 
 against garnishee. 51 L.R.A. 
 
 (N.S.) 000. 
 Certiorari. 51 L.R.A. (N.S.) 600. 
 On appeal. 51 L.R.A. (N.S.) 600. 
 In subsequent suits. 51 L.R.A. 
 
 (N.S.) 601. 
 Enjoining judgment. 51 L.R.A. 
 
 (N.S.) 60L 
 
 2. Grounds. 
 
 § 54. Generally. 
 
 Decree of divorce, see Divorce and Separa- 
 tion, §§ 16-19. 
 
 Collateral attack upon judgment because of 
 insufficiency of pleadings. L.R.A. 
 1916E, 316. 
 
 Perjury. L.R.A.1916B', 893. 
 
 § 55. Frand. 
 
 As ground for attack on decree in proceed- 
 ings under the Torrens Law. L.R.A. 
 1916D, 53. 
 
 IT. The lien. 
 
 a. In general. 
 
 § 58. Generally. 
 
 What entry or record is necessary to secure 
 lien, see supra, § 15". 
 
 JUDGMENT IV. a.— cont'd. 
 
 Personal liability of a trustee for losses t< 
 trust estate from loaning money on se 
 curity of judgment lien on real estate 
 44 L.R.A.(N.S.) 897. 
 
 Discharge of liability of one spouse on judg 
 ment against both as affecting lien or 
 estate by entireties. L.R.A.1916D, 11a 
 
 ft. Priority of. 
 
 § 61. Generally. 
 
 May priority between judgments, the liens 
 of which have attached simultaneous- 
 ly, be obtained by priority of execution 
 proceedings. L.R.A. 1916D, 669. 
 
 c. On what property. 
 
 § 65. Generally. 
 
 Priority of lien on property, see supra, § 
 61. 
 
 Lien of judgment on real property per- 
 mitted to stand in debtor's name. 4B 
 L.R.A. (N.S.) 1097. 
 Interest of vendee under an executory con- 
 tract for the purchase of real property. 
 L.R.A.1915B, 340. 
 Money decree for permanent alimony or a 
 separate maintenance as a lien on 
 real property. L.R.A.1916B, 651. 
 Inchoate or unaccrued interests. L.R.A. 
 
 1916B, 652. 
 Homestead. L.R.A.1916B, 652. 
 
 T. Foreign judgments. 
 
 a. In general. 
 
 § 66. Generally. 
 
 Jurisdiction to render decree of divorce 
 against nonresident, see Divorce ani 
 Separation, II. b. 
 
 Garnishment of judgment rendered in an- 
 other state. 43 L.R.A. (N.S.) 531. 
 
 6. Effect and conclusiveness. 
 
 Divorce and Separa- 
 
 Begin with this boolc on every law question. 
 
 § 67. Generally. 
 
 In divorce suit, see 
 TION, § 15. 
 
 Effect in other state of judgment based oi 
 local or peculiar law affecting the 
 merits of the cause of action or de- 
 fense. L.R.A.1915F, 984. 
 
 Judgments of courts of state in which in- 
 surance company is incorporated as 
 binding in other states. L.R.A. 1916A 
 770. 
 
 Judgment in one state in an action foi 
 death as affecting action in anpthei 
 state for the same death. L.R.A.1915F 
 737. 
 
 Foreign habeas corpus decree as to custodj 
 of infant as res judicata. 49 L.E.A 
 (N.S.) 83. 
 
INDEX TO NOTES. 
 
 351 
 
 JUDGMENT— cont'd. 
 
 Yl. Payment; discharge; assignment, 
 a. Payment; discharge; satisfaction. 
 
 § 74. Generally. 
 
 Exemption of property from liability to 
 satisfy, see Exemptions. 
 
 Payment of part of judgment, or promise 
 or agreement to pay, as consideration 
 for agreement extending time of pay- 
 ment. 52 L.R.A.(N.S.) 368. 
 
 § 76. Effect of. 
 
 Effect of, release of one joint judgment 
 debtor, see Joint Creditors and Debt- 
 ors, II. 
 
 Discharge of liability of one spouse on 
 judgment against both as affecting lien 
 on estate by entireties. L.R.A.1916D, 
 115. 
 
 § 77. Cancelation of; recovery back. 
 
 Recovery of payment on judgment as made 
 under duress of real property. L.K.A. 
 1915B, 501. 
 
 VII. Revival; enforcement, 
 a. Revival; scire facias. 
 
 § 79. Generally. 
 
 Eevival of judgments in favor of the state. 
 47 L.E.A.(.N.S.) 905. 
 
 Expiration of period for revival of dormant 
 judgment as bar to an action thereon 
 L.E.A.1916E, 738. 
 
 Right of garnishee on scire facias on judg- 
 ment against him to attack judgment 
 against principal defendant for lack of 
 jurisdiction. 51 L.R.A.(N.S.) 600. 
 
 Z». Enforcement. 
 
 § 81. Generally. 
 
 Injunction against, see Injunction, II. k, 2. 
 
 Effect of war on judgment recovered by 
 alien enemy. 5 B. R. C. 589. 
 
 § 84. Mode of enforcement. 
 
 By execution or levy, see Execution; Levy 
 AND Seizure. 
 
 Enforcing orders and decrees of court by 
 imprisonment for debt. L.R.A.1915B, 
 649. 
 
 § 85. Effect of dormancy of judg- 
 ment. 
 
 Expiration of period for revival of dormant 
 judgment as bar to an action thereon. 
 L.R:a.1916E, 738. 
 
 § 86, liimitation of action to enforce. 
 
 Is running of statute against judgment 
 
 postponed until expiration of time for 
 
 appeal or motion to avoid. 47 L.R.A. 
 
 (N.S.) 145. 
 
 Oont,uU also L.R.A. Digests to date. 
 
 JUDGMENT, VII. h—confd. 
 
 Absence from state as affecting running of 
 statute of limitations against judg- 
 ment. 51 L.R.A.(N.S.) 883. 
 
 VIII. Relief from,; setting aside, 
 a. In general. 
 
 § 87. Generally. 
 
 Appealability of judgment, see Appeal and 
 Error, I. 
 
 Relief from award of arbiters, see Arbitra- 
 tion, § 6. 
 
 From decree of divorce, see Divorce and 
 Separation, §§ 16-19. 
 
 Modification of decree for alimony, see 
 Divorce and Separation, § 46. 
 
 Injunction against judgment, see Injunc- 
 tion, II. k, 2. 
 
 As to bill of review, see Review. 
 
 Right to have void judgment reviewed by 
 appellate court as allecting right to 
 equitable relief. 50 L.R.A. (N.S.) 1055. 
 
 Relief from decree in proceedings under 
 the Torrens Law. L.R.A.1916D, 50. 
 
 § 88. Defenses. 
 
 Right to open default as affected by char- 
 acter of defense. L.R.A. 1916F, 830. 
 Defense relying on defects of adver- 
 sary's pleading. L.R.A.1916F, 
 842. 
 Form of defendant's pleading. L.R.A. 
 1916F, 842. 
 Issue. L.R.A.1916F. 842. 
 
 Tender of pleading. L.R.A. 
 
 1916F, 844. 
 General denial. L.R.A.1916F, 
 
 844. 
 Admissions. L.E.A.1916F, 845 
 Denial of indebtedness. L.R.A. 
 
 1916F, 845. 
 Specific denial. L.R.A.1918F, 
 
 846. 
 Facts. L.R.A.1916F, 847. 
 Opinion. L.R.A. 1916F, 847. 
 Verification. L.R.A.1910F, 848. 
 Defendant not in fault. L.R.A.1916F, 
 
 849. 
 Jurisdiction. L.R.A.1916F, 849. 
 Parties affected. L.R.A.1916F, 851. 
 Proper party. L.R.A.1916F, 851. 
 Bona fide holder. L.R.A.1916F, 
 852. 
 • Surety. L.R.A.1916F. 852. 
 Marriage. L.R.A.1916F, 853. 
 Insurance. L.R.A.1916F, 853. 
 Quiet title. L.R.A.1916F, 853. 
 Fraud. L.R.A.1916F, 853. 
 Mortgage. L.R.A.1916F, 854. 
 Payment. L.R.A. 1916F, 854. 
 Libel and slander. L.R.A.1916F, 855. 
 Avoiding obligation. L.R.A. 1916F, 855. 
 Statute limitations. L.R.A. 1916F, 850. 
 Infancy. L.R.A.1916F, 857. 
 Bankruptcy and insolvency. L.R.A. 
 
 1916F, 857. 
 Set-off and counterclaim. L.R.A.1910F, 
 
 858. 
 Usury. L.R.A.1916F, 859. 
 Public policy. L.R.A.1916F, 860. 
 
352 
 
 INDEX TO NOTES. 
 
 JUDGMENT, VIII. a.— cont'd. 
 § 90. Judgment by default. 
 
 Grounds for relief,. see infra, § 97. 
 
 Right to open default as affected by char- 
 acter of defense. L.R.A.1916F, 839. 
 
 ft. Grounds. 
 
 § 93. Generally. 
 
 For relief from decree of divorce, see Dl- 
 
 VOECE AND SePAEATION, §§ 16-19. 
 
 Invalidity or want of jurisdiction, as 
 ground for injunction, see Injunction, 
 § 48. 
 
 Judgment entered upon warrant of attorney 
 in contract made on Sunday. 44 L.R.A. 
 (N.S.) 727. 
 
 Opening or setting aside consent decree en- 
 tered by consent of attorney. 46 L.R.A. 
 (N.S.) 753. 
 
 § 94. Mistake, inadvertence, snrprise, 
 or excusable neglect. 
 
 Mistake in name or description of corpora- 
 tion as affecting judgment by default 
 Against it. L.E.A.1916F, 728. 
 
 Relief from default judgment because of 
 failure of agent upon whom writ was 
 served to notify defendant. L.R.A. 
 1916E, 103. 
 
 § 95. Fraud and collusion. 
 
 Fraud as ground of attack upon a judg- 
 ment entered upon stipulation or com- 
 promise. 45 L.R.A.(N.S.) 1159. 
 
 Fraud as defense justifying opening of de- 
 fault judgment. L.R.A.1916F, 853. 
 
 As ground for relief from decree in pro- 
 ceedings under the Torrens Law. L.R.A. 
 1916D, 50. 
 
 § 96. Perjury. 
 
 Perjury as ground for relief against judg- 
 ment. L.R.A.1916B, 890. 
 Failure to meet perjury on trial. L.R.A. 
 
 1916B, 890. 
 Degree of certainty with whioh perjury 
 must be established. L.R.A.1916B, 
 891. 
 Guilt or connivance of the successful 
 
 party. L.R.A.1916B, 891. 
 Materiality of the perjury. L.R.A. 
 
 1916B, 892. 
 Full effect of rule that there must be 
 an end of litigation. L.R.A.1916B, 
 892. 
 Statutory rules. L.R.A.1916B, 892. 
 Collateral attack. L.R.A.1916B, 893. 
 Perjury as ground of attack upon a judg- 
 ment entered upon stipulation or com- 
 promise. 45 L.R.A.(N.S.) 1159. 
 
 § 97. Judgment by default. 
 
 Mere forgetfulness as ground for setting 
 aside default. 43 L.R.A. (N.S.) 930. 
 
 Mistake in name or description of corpora- 
 tion as affecting judgment by default 
 against it. L.R.A.1916F, 728. 
 
 Relief from default judgment because of 
 failure of agent upon whom writ was 
 served to notify defendant. L.R.A. 
 1916E, 103. 
 
 JUDGMENT IN PERSONAM. 
 
 See Jtjdgment, § 9. 
 
 « ■ » 
 
 JUDICIAL MATTERS. 
 
 Time in relation to, see Time, § 2. 
 
 ♦-•-• 
 
 JUDICIAL NOTICE. 
 
 See EviDBNCE, II. 
 
 4 ■ » 
 
 JUDICIAL PROCEEDINGS. 
 
 Bond given in, see Bonds, § 8. 
 
 Privileged nature of report of, or wordi 
 
 used in, see Libel and Slander, III. e 
 
 3. 
 Mistake in, see Mistake, § 18. 
 On Sunday, see Sunday, § 3. 
 
 JUDICIAL RECORDS. 
 
 See Records and Recoeding Laws, III. 
 
 Begin with this "booTc on every law quest/Ion 
 
 JUDICIAL SALE. 
 
 /. In general, § 1. 
 II. The sale generally, §§ 3— 7a. 
 III. Effect; validity; deed, §§ S—10. 
 IT. Purchasers and their rights, du 
 ties, and liabilities, §§ 11—16. 
 T. Confirmation; setting aside; col 
 lateral attacTc on, §§17, IS. 
 TI. Redemption, § 19. 
 
 I. In general. 
 
 § 1. Generally. 
 
 As to auctions, see Auctions. 
 
 Of property in custody of law, see Custod' 
 
 OF Law. 
 Sale of personal representative, see Exeod 
 
 TOBS AND AdMINISTKATOBS, § 59. 
 
 Sale by guardian of ward's land, se 
 Guardian and Ward, § 14. 
 
 Injunction against, see Injunction, § 41a 
 
 Sale on loreclosure of mortgage, see Mobi 
 gage, §§ 77-82. 
 
 Partition sale, see Paetition. 
 
 For taxes, see Taxes, IV. i. 
 
 Effect of rule against maintenance. L.E.i 
 1916E, 74. 
 
 Right of officer conducting judicial sale t 
 his fee, where property is bid in b 
 person at whose instance sale wa 
 made. 48 L.R.A. (N.S.) 542. 
 
 When statute begins to run against actio; 
 by private person based on breach c 
 duty by public officer in connection wit 
 judicial sale. 52 L.R.A. (N.S.) 710. 
 
INDEX TO NOTES. 
 
 363 
 
 JUDICIAL SALE— oonCd. 
 
 //. The sale generally. 
 
 § 2. Generally. 
 
 Modification prior to sale of terms or con- 
 ditions imposed upon judicial sale of 
 property. L.E.A.1915A, 699. 
 
 § 3. Time. 
 
 § 4. — on other than appointed date. 
 
 Sufficiency of notice of postponement of 
 judicial sale. L.R.A.1915B, 640. 
 
 § 5a. Notice. 
 
 Place for posting notice of judicial or public 
 sale. L.R.A.1916E, 1143. 
 
 § 6. Of -nrhat property. 
 
 Of property in custody of law, see Cus- 
 tody OF Law, § 3. 
 
 § 7a. Bids. 
 
 Eights and remedies of one whose bid at 
 a judicial sale is ignored or disre- 
 garded. 47 L.E.A.(N.S.) 896. 
 
 Power to extend time for compliance with 
 bid. 43 L.R.A.(N.S.) 671. 
 
 III. Effect; validity; deed. 
 
 § 8. Effect and validity. 
 
 Effect of judicial sale of insured property, 
 see Insurance, § 71. 
 
 Effect of judicial sale of leased premises to 
 
 transfer reversion. L.E.A.1915C, 204. 
 Purchase by vendor at sheriff's sale of land 
 in suit for instalment of purchase price 
 as bar to vendor's recovery of other 
 unpaid instalments. L.R.A.1916C, 
 
 897. 
 Sale under execution as a transfer of prop- 
 erty by the debtor within § 60, subds. 
 a and b of the bankruptcy act. 43 
 L.E.A.(N.S.) 427. 
 Remedy of holder of mechanics' lien, after 
 judicial sale of property under a 
 prior or contemporaneous lien, and 
 before distribution of fund. 47 
 L.E.A.(N.S.) 706. 
 Effect of sale to devest lien. 47 L.R.A. 
 
 (N.S.) 706. 
 Scire facias to fix the amount. 47 
 
 L.E.A.(N.S.) 707. 
 Claim upon the fund. 47 L.E.A.(N.S.) 
 708. 
 
 § 10. Deed. 
 
 Tax deeds, see Taxes, § 81. 
 
 Substitute conveyances. 
 858. 
 
 44 L.E.A.{N.S.) 
 
 IT. Purchasers and their rights, du- 
 ties, and UaMlities. 
 
 § 11. Generally. 
 
 Eights of purchaser at guardian's sale, see 
 
 GUAEDIAN AND WABD, § 14. 
 
 On foreclosure, see Moeiqage, § 80. 
 
 Consult also L.B.A. Digests to date, 
 
 43— '16F. 23 
 
 JUDICIAL SALE, lY.— cont'd. 
 
 Eights of purchaser at tax sale, see Taxes, 
 
 § 78. 
 Of purchaser at tax sale, see Taxes, §§ 78, 
 
 79. 
 
 Effect of agreement between landlord and 
 tenant for removal of fixtures by latter 
 on rights of purchaser at execution 
 sale. L.R.A.1915E, 829. 
 
 Eight of dower in improvements made by 
 purchaser at judicial sale. 3 B. E. C. 
 961. 
 
 Dower in land subject purchase money mort- 
 gage sold on execution against husband. 
 52 L.E.A.(N.S.) 549, 651. 
 
 Right of seller of chattel retaining title or 
 lien as against purchaser at judicial 
 sale of realty to which it is affixed by 
 owner. 49 L.E.A.(N.S.) 401. 
 
 Mandamus to compel transfer of corporate 
 stock purchased at judicial sale. 48 
 L.E.A.(N.S.) 854. 
 
 Eight of one who redeems from judicial 
 sale as against purchaser, where 
 title fails. 48 L.E.A.(N.S.) 481. 
 Estoppel. 48 L.E.A.(N.S.) 481. 
 
 Allowing reasonable time to examine title. 
 52 L.E.A,(N.S.) 751. 
 
 Issuance of writ of assistance to put pur- 
 chaser at execution sale in possession. 
 52 L.R.A.(]Sr.S.) 697. 
 
 § 16. Iiiability of purchaser. 
 
 Liability of undisclosed principal of bidder 
 at judicial sale for purchase price or 
 for deficiency upon resale of property. 
 46 L.E.A.(N.S.) 887. 
 
 Eight of officer conducting judicial sale 
 to his fee where property is bid in 
 by person at whose instance aalfe was 
 made. 48 L.E.A.(N.S.) 542. 
 
 Purchaser of leasehold at judicial sale as 
 an assignee liable for rent. 52 L.E.A. 
 (N.S.) 988. 
 
 T. Confirmation; setting aside; col- 
 lateral attack on. 
 
 § 16a. Confirmation. 
 
 Lapse of time as bar to confirmation. 43 
 L.E.A.(N.S.) 630. 
 
 VI. Redemption. 
 
 § 19. Generally. 
 
 From foreclosure sale, see Mortgage, VIII. 
 From tax sale, see Taxes, IV. j. 
 
 Applicability to existing purchasers, of 
 changes in law relating to redemption 
 from judicial sales. L.R.A.1915C, 414. 
 Eecovery of money paid to redeem as made 
 under duress of real property. L.E.A. 
 1915B, 501. 
 Eight of one who redeems from judicial 
 sale as against purchaser where title 
 fails. 48 L.E.A.(N.S.) 481. 
 Liability of property redeemed by judg- 
 ment debtor or his grantee to sat- 
 isfy deficiency on indebtedness for 
 which it was originally sold. 47 
 ■L.E.A.(N.8.) 1048. 
 
354 
 
 INDEX TO NOTES. 
 
 JUDICIAL SAIE, VI.— oo»f (2. 
 
 Eedemption by judgment debtor. 47 
 
 L.E.A.{N.S.) 1049. 
 Redemption by grantee of judgment 
 debtor. 47 L.R.A.(N.S.) 1050. 
 
 JUNK. 
 
 Constitutionality of statute as to, see Con- 
 stitutional Law, § 129. 
 
 JURISDICTION. 
 
 In admiralty, see Admiralty, § 2. 
 
 On appeal, see Appeal and Ekrob. 
 
 Of attachment suit, see Attachment, § 11. 
 
 Ouster of, see Courts, § 3. 
 
 Of courts of equity, see Equity; Injunc- 
 tion; Specific Performance. 
 
 Of courts generally, see Courts. 
 
 Of divorce suit, see Divorce and Separa- 
 tion, II. b. 
 
 To appoint administrator, see Executors 
 AND Administrators, § 4. 
 
 Of action of trover, see Trover, § 5. 
 
 SufBciency of service of process to confer, 
 see Writ and Process. 
 
 Extraterritorial effect of statute limiting 
 jurisdiction in which action may be 
 brought. L.R.A.1916D, 688. 
 
 Right of party who invoked jurisdiction to 
 raise on appeal objection to lack of 
 jurisdiction. L.R.A.1916B, 803. 
 
 Motion attacking, as extending time to 
 plead. 47 L.R.A.(N.S.) 855. 
 
 Of action by carrier to recover difference 
 between rate charged shipper and prop- 
 er rate. 49 L.R.A.(N.S.) 99. 
 
 Conclusiveness of determination by judge 
 of question of. 44 L.R.A.(N.S.) 164. 
 
 JURY. 
 
 I. 
 
 II. 
 
 III. 
 
 3-7. 
 
 compe- 
 
 In general, §§ 1, 8. 
 Right to jury trial, 
 Impaneling ; selection ; 
 tency, §§ 8-1 i. 
 a. In general, §§ 8—10. 
 2>. Qualifications and competency 
 of jurors, §§ 11— li. 
 IV. Number and agreement of jurors 
 necessary to verdict, § 15, 
 
 I. In general. 
 
 r 1. Generally. 
 
 Reversal for matters as to jury, see Appeal 
 AND Error, § 39. 
 
 Constitutionality of statutes as to, see Con- 
 stitutional Lavt, § 153. 
 
 Matters as to' jury in criminal case, see 
 Criminal Law, § 36. 
 
 Discharge of, see Criminal Law, § 63. 
 
 View by, see Evidence, § 159. 
 
 New trial for matters as to jury, see New 
 Trial, §§ 7, 8. 
 
 Begin ivith this ioole on every law question. 
 
 JURY, 1.— cont'd. 
 
 Questions for, see Trial, III. 
 
 Instructions to, see Trial, V. 
 
 Verdict of, see Trial, VIII. 
 
 As to grand jury, see Grand Jury. 
 
 Libel or slander by jurors. L.R.A.1915] 
 
 1055. 
 Libel or slander by imputing miscondu( 
 
 to juror. L.R.A.1915D, 586. 
 Charging jury on Sunday. L.R.A.19151 
 
 361, 
 Employment of person to watch jui 
 
 to guard against their being tamperc 
 
 with. 48 L.R.A.(N.S.) 540. 
 Misconduct toward juror as contempt. 4 
 
 L.R.A.(N.S.) 517; L.R.A.1916D, 119; 
 
 II. Right to jury trial. 
 
 § 3. Generally. 
 
 Effect of admission of state into the Unio 
 upon provisions of ordinance of 178 
 as to. 52 L.R.A.(N.S.) 311. 
 
 Right to jury before revocation of cond 
 tional pardon or parole for conditio 
 broken. L.R.A.1915F, 541. 
 
 § 5. In criminal prosecutions. 
 
 Effect of statutory declaration that murde 
 committed by certain means or whil 
 engaged in commission of felony sha 
 be murder in first degree upon right ( 
 jury to pass upon degree. L.R.J 
 1916D, 610. 
 
 Right of accused to full panel from whic 
 to select jury. L.R.A.1916A, 814. 
 
 § 6. In equity case. 
 
 The Torrens Law as infringing the right t 
 trial by jury. L.R.A.1916D, 22. 
 
 § 6a. Denial or infringement of righi 
 
 Statute making prima facie rule of ev 
 
 dence for criminal cases as denial < 
 
 right to jury trial. L.R.A.1915C, 72 
 Workmen's compensation act as infringir 
 
 right to trial by jury. L.R.A.1916i 
 
 426. 
 Granting new trial because of excessive vei 
 
 diet as interference with constitution! 
 
 right to jury trial. 51 L.R.A.(N.S. 
 
 860. 
 
 III. Impaneling; selection; com,petenc\ 
 a. In general. 
 
 § 8. Generally. 
 
 Mistake as to name of juror in crimini 
 
 case as ground for arrest of judgmeu 
 
 new trial, or reversal. 47 L.R.A. ( N.S 
 
 , /14. 
 
 Right of accused in criminal case to fu 
 
 panel from which to select jui 
 
 L.R.A.1916A, 814. 
 
 The right in general. L.R.A.1916j 
 
 815. 
 Persons v(Tongly on venire. L.E.^ 
 
 1916A, 819. 
 Duplication of names, etc. L.E.- 
 1916A, 820. 
 
INDEX TO NOTES. 
 
 355 
 
 JURY, III. a,— cont'd. 
 
 Failure in summoning. L.E,.A.1916A, 
 
 821. 
 Excusing jurors. L.E.A.1916A, 822. 
 Jurors engaged in another case. L.R.A. 
 
 1916A, 824. 
 Sending for absentees. L.E.A.1916A, 
 
 826. 
 Eight of full panel when making per- 
 emptory challenges. L.E.A. 
 1916A, 828. 
 Choosing jurors one at a time. 
 
 L.E.A.1916A, 829. 
 Twelve men ta be presented. L.E.A. 
 
 1916A, 831. 
 How many peremptory challenges 
 at a time. L.E.A.1916A, 833. 
 Miscellaneaous. L.R.A.1916A, 835. 
 Miscellaneous. L.R.A.1916A, 836. 
 
 § 8a. Examination. 
 
 Connection with casualty or indemnity coni- 
 pany as a proper subject of in- 
 quiry on voir dire, or as disqualifi- 
 cation of a juror in an action 
 against one insured or indemnified 
 by such company. L.E.A.1915A, 
 153. 
 
 Decisions holding examination of jurors 
 as to connection with indemnity 
 company not prejudicial error. 
 L.R.A.1915A, 156. 
 
 Improper form of questions or preju- 
 dicial explanations or statements. 
 L.R.A.1915A, 159. 
 
 Necessity of basis for examination. 
 L.R_A.1915A, 162. 
 
 Error as prejudicial or harmless. 
 L.E.A.1915A, 164. 
 
 Persistent inquiry. L.E.A.1915A, 165. 
 
 g 9. Challenges. 
 
 Bight of accused to full panel when making 
 peremptory challenges. L.E.A.1916A, 
 828. 
 
 h. Qualifications and competency of 
 jurors. 
 
 § 11. Generally. 
 
 Disqualification of jurors as ground for new 
 trial, see New Teiai,, § 9. 
 
 Efl'ect of discharge of jury on the discovery 
 of disqualification of one or more of 
 their number to sustain plea of former 
 jeopardy. L.E.A.1916E, 1273. 
 
 Interest which will disqualify one to serve 
 as commissioner or juror in eminent 
 domain proceedings. 47 L.E.A. (N.S.) 
 151. 
 
 Connection with casualty or indemnity com- 
 pany as disqualification of a juror in i 
 an action against one insured or in- 
 demnified by such company. L.E.A. 
 1915A, 153. 
 
 § 11a. Relationship. 
 
 Eelationship of juror to party as ground 
 for new trial. 50 L.E.A.(N.S.) 968. 
 Consult also L.R.A. Digests to date. 
 
 JURY, III. h— cont'd. 
 
 § 14. Jnrors \rho have served in same 
 or similar case. 
 
 Unknown disqualification of juror who had 
 served on former trial as ground for 
 new trial. 50 L.E.A. (N.S.) 971. 
 
 IT. Number and agreement of jurors 
 necessary to verdict. 
 
 § 15. Generally. 
 
 Effect of consent of defendant in criminal 
 case to proceeding with less than 
 twelve jurors. 46 L.E.A. (N.S.) 38. 
 
 JUSTICE. 
 
 Obstruction of, see Obstructino Justice. 
 
 Necessity of pleading the statute of frauds- 
 in justice's court. 49 L.E.A.(N.S.) 28. 
 
 JUSTICE OF THE PEACE. 
 
 § 1. Generally. 
 
 Libel or slander by imputing misconduct to. 
 
 L.E.A.1915D, 581. 
 Power of legislature to add to or vary the 
 
 constitutional method of selecting. 
 
 L.E.A.1916E, 850. 
 
 § 4. Iiiability of. 
 
 Liability to civil action for acts of judicial 
 nature. 44 L.E.A.(N.S.) 164. 
 
 JUSTIFICATION. 
 
 § 1. Generally. 
 
 Of assault, see Assattlt and Battebt, § 3. 
 
 Of prison breach, see Escape, § 2. 
 
 For homicide, see Homicide, IV. 
 
 For libel, see Libel and Slandeb, IV. 
 
 JUVENILE OFFENDERS. 
 
 Validity of statutes establishing juvenile 
 courts. 45 L.E.A.(N.S.) 908. 
 
 As contravening constitutional provi- 
 sion that every act shall embrace 
 but one subject, to be expressed in 
 title. 45 L.E.A.(N.S.) 908. 
 
 As contravening provision as to form 
 of amending acts. 45 L.E.A. (N.S.) 
 909. 
 
 As creating new court. 45 L.E.A. 
 (N.S.) 909. 
 
 As imposing civil duties on criminal 
 court. 45 L.R.A.(N.S.) 909. 
 
 As interfering with right of local self- 
 government. 45 L.E.A. (N.S.) 
 909. 
 
 As conferring executive power upon 
 judicial officer. 45 L.E.A. (N.S.) 
 910. 
 
350 
 
 INDEX TO NOTES. 
 
 JUVENT:LE OFFENDEES— cowt'd. 
 
 As class legislation. 45 L.E.A. (N.S.) 
 910. 
 
 As a special or local law. 45 L.K.A. 
 (N.S.) 911. 
 
 As lacking definiteness. 45 L.R.A. 
 (N.S.) 912. 
 
 As interfering with child's constitu- 
 tional rights. 45 L.E.A. (N.S.) 
 912. 
 
 As interfering with rights of parent. 
 45 L.E.A.(N.S.) 913. 
 
 KEEPING DOWN DAMAGES. 
 
 See Damages, I. b. 
 
 •-•-• 
 
 KEG. 
 
 Master's liability for injury by defects in. 
 51 L.R.A.(N.S.) 338. 
 
 « » » 
 
 KIDNAPPING. 
 
 See Abduction and Kidnapping. 
 
 ♦-•-• 
 
 KINDERGARTEN. 
 
 Power of school authorities to adopt kin- 
 dergarten system. 47 L.E.A. (N.S.) 
 203. 
 
 KLEPTOMANIA. 
 
 Kleptomania as a defense to burglary or 
 larceny. 43 L.E.A. (N.S.) 150. 
 
 KNO'WLEDGE. 
 
 Of person claiming estoppel, see Estoppel, 
 
 § 7a. 
 Of one making untrue representations, see 
 
 Featjd and Deceit, § 5. 
 Effect on servant's assumption of risk of 
 
 knowledge of danger, see Master and 
 
 Servant, § 113. 
 See also Notice. 
 
 Effect of master's lack of knowledge of 
 criminal offense by servant on master's 
 liability therefor. 43 L.R.A. (N.S.) 12. 
 
 Effect of fiancee's knowledge of conveyance 
 of property before marriage. 48 L.E.A. 
 (N.S.) 516, 522. 
 
 LABOR. 
 
 See Work and Labor 
 
 LABORERS. 
 
 § 1. Generally. 
 
 Rights of, under contractors' bonds, 
 
 Bonds, § 10. 
 Liens of, see Liens, §§ 11, 12; Mechan] 
 
 Liens. 
 
 LABOR ORGANIZATION. 
 
 Conspiracy by, see Conspiracy, § 4. 
 Strike by members of, see Conspieact, J 
 Constitutionality of statutes as to, see Ci 
 stitutional Law, § 66. 
 
 Constitutionality of statute forbidding e 
 
 ployer to exact an agreement from e 
 
 ployee not to join labor union. L.R 
 
 1915C, 960. 
 Constitutionality of statute restricting re 
 
 edy by injunction in labor disput 
 
 L.E.A.1916F, 836. 
 Duty of labor union to notify employer 
 
 change of wage scale. L.E.A.191£ 
 
 1006. 
 Agreements between employer and tra 
 
 union. 45 L.R.A.(N.S.) 184. 
 Validity of contract to employ union lal 
 
 only. 45 L.E.A. (N.S.) 564. 
 Right of municipality or other public bo 
 
 to discriminate in favor of union labi 
 
 52 L.E.A.(N.S.) 728. 
 Eelief of member of labor union from xj 
 lawful fine or suspension. 
 L.E.A.(N.S.) 353. 
 
 General rule. 45 L.R.A. (N.S.) 353. 
 
 Equitable remedy. 45 L.R.A. (N.S 
 353. 
 
 Mandamus. 45 L.R.A. (N.S.) 355. 
 
 Action to recover fine paid. 45 L.K. 
 (N.S.) 355. 
 
 Action for damages. 45 L.R.A. (N.S 
 355. 
 
 Condition precedent to relief at law 
 in equity. 45 L.R.A. (N.S.) 3£ 
 
 LACHES. 
 
 Estoppel by, see Estoppel, III. f. 
 As bar to action, see Limitation of A 
 tions, I. b. 
 
 LADDER. 
 
 Doctrine of attractive nuisance as applii 
 to. L.R.A.1915D, 170. 
 
 ♦ »♦ 
 
 LAGER BEER. 
 
 Begin with this booTe on every law question. 
 
 Judicial notice that lager beer is intox 
 eating. ,48 L.R.A.(N.S.) 310. 
 
INDEX TO NOTES. 
 
 357 
 
 I.AKES. 
 
 As boundary between states, see Bound- 
 aries, § 2a. 
 In general, see Watees, II. m. 
 
 ♦-•-• 
 
 I.AND CONTRACT. 
 
 In general, see Vendor and Pdechasee. 
 Provision in, as to penalty or liquidated 
 damages, see Damages, § 40. 
 
 LANDING PLACE. 
 
 See Wharves. 
 
 IJI.NDLORD AND TENANT. 
 
 J. In general, § 1. 
 III. Leases, §§ 4—38. 
 
 a. Jn general, §§ 4r-14:. 
 6. Covenants, §§ 15—22. 
 
 1. In general, §§ IS— 20a. 
 
 2. Itn^plied covenants, §§ 
 
 21, 22. 
 e. Terms; renewal; holding 
 over, §§ 23-26. 
 
 d. Termination; forfeiture, ■ §§ 
 
 27-35. 
 
 e. Assignment and transfer ; 
 
 subletting, §§ 36—38. 
 IT. Bights, duties, and liabilities of 
 parties, §§ 39—76. 
 a. In general, §§ 39—4:1. 
 It. Bights of tenant, §§ 42—54. 
 1. In general, §§ 42—47. 
 S. As to fixtures, property, 
 and improvements on 
 premises, §§ 48—54. 
 
 c. Duty and liability of tenant, 
 
 §§ 55-57. 
 
 d. Duty and liability of land- 
 
 lord, §§ 58-73. 
 
 1. In general, § 58. 
 
 2. To third persons gener- 
 
 ally, §§ 59-63. 
 
 3. To tenant and his 
 
 family, §§ 64— 
 71. 
 (b) Injuries to person, 
 §§ 66-69. 
 
 4. To tenant's guests and 
 
 servants and persons 
 expressly or impliedly 
 invited on premises, 
 from defects in prem- 
 ises, § 72. 
 V. Bent or other compensation; 
 lien, §§ 77-93. 
 
 a. In general, §§ 77—87. 
 
 b. Landlord's lien, §§ 88—90. 
 VI. Becovery of possession; re-entry, 
 
 §§ 94, 95. 
 Till. Sale of leased property, § 97. 
 Consult also L.B.A. Digests to date. 
 
 LANDLORD AND TENANT— co»*'d. 
 I. In general. 
 
 § 1. Generally. 
 
 Vacancy during change of tenants as viola- 
 tion of vacancy clause in fire policies 
 covering rented premises. L.R.A.1915B, 
 844. 
 
 III. Leases, 
 
 a. In general. 
 
 % 4. Generally. 
 
 Leases as afiected by the statute of frauds, 
 
 see CoNTEACTS, §§ 42, 58. 
 Lease of mines, see Mines, §§ 32, 35-38. 
 
 Applicability of rule excluding parol evi- 
 dence to vary a written lease in favor 
 of or against a stranger to the con- 
 tract. L.R.A.1916A, 5d5, 606. 
 
 Conflict of laws as to. L.R.A.1916A, 1047. 
 
 Antedating lease as affecting priority of 
 landlord's lien. L.R.A.19161J', 450. 
 
 Right of agent to lease in his own behalf 
 property which he was under no duty 
 to lease for his principal. 47 L.R.A. 
 (N.S.) 567. 
 
 § 7. Nature of leasehold interest. 
 
 § 8. — liability to taxation. 
 
 Property leased by public as subject to 
 taxation. 52 L.R.A.(N.S.) 991. 
 
 Necessity of pleading statute of frauds in 
 action involving lease. 49 L.R.A. 
 (N.S.) 37. 
 
 § 9. Foirer to make. 
 
 Infants as lessees. 47 L.R.A. (N.S.) 543. 
 
 Power of brewing company to lease prop- 
 erty to be used by^ retailers of its 
 products. 47 L.R.A. (N.S.) 898. 
 
 Power of courts to authorize lease of trust 
 property for a longer period than was 
 contemplated by the creator of the 
 trust. 48 L.R.A.(N.S.) 1004. 
 
 b. Covenants, 
 1. In general. 
 
 § 15. Generally. 
 
 Rights and liabilities of transferee of re- 
 version as to, see infra, § 97. 
 
 Right of lessor to maintain an action for 
 possession against his covenant not to 
 disturb lessee's possession, when the 
 covenant is repugnant to the estate 
 granted. L.R.A.1915D, 467. 
 Provision in lease as to use of property as 
 condition subsequent or special 
 limitation. 52 L.R.A. (N.S.) 718. 
 Tenant's right to avoid lease. 52 
 L.R.A.(N.S.) 721. 
 Analogous cases. 52 L.R.A. (N.S.) 
 721. 
 Effect of express covenant to pay rent on 
 liability of lessee after assignment. 52 
 L.R.A.(N.S.) 971. 
 
358 
 
 INDEX TO NOTES. 
 
 LANDLORD AND TENANT, III. b, 1— LANDLORD AND TENANT, III. b, 1— 
 
 cont'd. 
 
 Bounty tax. L.R.A.1915A, 343. 
 English cases. L.R.A.1915A, 343 
 For what taxes or assessments lessee is 
 liable, and computation of 
 amount. L.R.A.1915A, 344. 
 Taxes or assessments which are il- 
 legal. L.R.A.1915A, 344. 
 Particular provisions regarding 
 
 time. L.R.A.1915A, 345. 
 
 Taxes assessed during but payable 
 
 after term. L.R.A.1915A, 346, 
 
 Assessments or improvements made 
 
 before term. L.R.A.1915A. 
 
 347. 
 
 Where property is destroyed by 
 
 fire. L.R.A.1915A, 348. 
 Deduction of damages awarded to 
 lessor from benefit assessment. 
 L.R.A.1915A, 348. 
 Taxes payable in instalments. 
 
 L.R.A.191'5A, 349. 
 Miscellaneous. L.R.A.1915A, 349. 
 Rights and liabilities upon assignment 
 of lease, or sublease, or change 
 In title of reversion. L.R.A. 
 1915A, 351. 
 Liability of lessee to lessor after 
 assignment of lease. L.R.A, 
 1915A, 351. 
 'Liability of assignee of lease to 
 
 lessor. L.R.A.1915A, 351. 
 Liability of assignee of lease to 
 lessee or his mortgagee. 
 L.R.A.1915A, 352. 
 I^ights arising upon sale or other 
 change of title of reversion, 
 L.R.A.1915A, 353. 
 Rights and liability of sublessees. 
 L.R.A.1915A, 353. 
 Lessee as purchaser at sale for nonpay- 
 ment of taxes or assessments which 
 he has covenanted to pay. L.R.A. 
 1915A, 353. 
 Necessity of demand and notice. L.RA, 
 
 1915A, 354. 
 Payment by lessor of tax or assess- 
 ment as a condition precedent to 
 recovery from lessee. L.R.A.1915A, 
 355. 
 Taxes as a part of rent. L.R.A.1915A, 
 
 355. 
 When lessee should pay taxes. L.R.A 
 
 1915A, 356. 
 Termination and forfeiture of lease foi 
 breach of covenant to pay taxes 
 and assessments. L.R.A.1915A 
 358. 
 Apportionment of taxes. L.R.A.1915A 
 
 360. 
 Special provisions in mining leases 
 
 L.R.A.1915A, 360. 
 Miscellaneous eases involving exemp 
 tion statutes. L.R.A.1915A, 360. 
 Covenant to pay taxes as "usual" cove 
 
 nant. L.R.A.1915A, 361. 
 Release or discharge from covenant t( 
 
 pay taxes. L.R.A.1915A, 361. 
 Payment of tax by lessor. L.R.A 
 
 1915A, 362. 
 Form of action and sufficiency of plead 
 ings. L.R.A.1915A, 362. 
 
 cont'd. 
 
 § 15a. For purpose of assuring to 
 
 lessee exclusive right to conduct 
 
 a certain business on premises 
 
 owned by lessor. 
 
 Restraint of trade. L.R.A.1915C, 855. 
 
 Lessor transacting the prohibited business. 
 
 L.R.A.1915C, 855. 
 Covenant in terms assuring the exclusive 
 
 right. L.R.A.1915C, 856. 
 Sale of the reversion. L.R.A.1915C, 857. 
 Illustrations of broken covenants. L.R.A. 
 
 1915C, 858. 
 Breadth of the covenant not to rent or let 
 for the prohibited purposes, etc. L.R.A. 
 1915C, 859. 
 Actions by assignees. L.R.A.1915C, 860. 
 Persons liable other than the lessor. L.R.A. 
 1915C, 861. 
 The subsequent lessee. L.R.A.1915C, 
 861. 
 Under covenants assuring the ex- 
 clusive right. L.R.A.1915C, 
 861. 
 Other cases. L.R.A.1915C, 862. 
 Miscellaneous. L.R.A.1915C, 864. 
 
 § 17. As to repairs and improve- 
 ments. 
 
 Right of transferee of reversion to enforce 
 lessee's covenant as to. L.R.A.1915G, 
 220. 
 
 § 17a. —by landlord. 
 
 Liability of transferee of reversion on cove- 
 nants in lease. L.R.A.1915C, 220, 226. 
 
 Lessor's covenant to repair as obligating 
 him to rebuild. 3 B. R. C. 352. 
 
 Liability of landlord who had contracted 
 to keep in repair the leased premises 
 for personal injuries to guest or in- 
 vitee of teqjint. L.R.A.1916F, 1106. 
 
 Liability under express agreement to repair 
 for injury to tenants from defects in 
 premises. L.R.A.1916D, 1227. 
 
 Ijandlord's breach of covenant to repair or 
 make improvements as defense to ac- 
 tion for rent, or justification for 
 abandonment. L.R.A.1915C, 649. 
 
 § 18a. As to payment of taxes or as- 
 sessments. 
 
 Construction and effect of covenants in 
 lease, sublease, or assignment of 
 lease as to payment of taxes and 
 assessments. L.R.A.1915A, 334. 
 What amounts to a covenant to pay 
 taxes or assessments. L.R.A. 
 1915A, 334. 
 Character of tax or assessment con- 
 templated in lease. L.R.A. 
 1915A, 336. 
 Special assessments for street or 
 other public improvements, or 
 for abatement of nuisance. 
 L.R.A.1915A, 336. 
 Tax on franchise, license, capital 
 stock, or bonds. L.R.A.1915A, 
 342. 
 Tax on rent. L.R.A.1915A, 343. 
 Inheritance tax. L.R.A.1915A, 343 
 
 Begin ivith this ftooTc on every law question. 
 
INDEX TO NOTES. 
 
 359 
 
 LANDLORD AND TENANT, III. b, 1— 
 confd. 
 Measure of damages for failure to pay 
 
 taxes. L.R.A.1915A, 363. 
 Miscellaneous. L.R.A.1915A, 363. 
 
 Covenant as to payment of taxes and assess- 
 ments as one running with the land. 
 LR.A.1915C, 221. 
 
 § 20a. For TeneiRral. 
 
 Covenant to renew lease as one running 
 with the land. L.R.A.1915C, 219. 
 
 3. Implied covenants. 
 
 § 21. Generally. 
 
 Leases as within statute declaring that 
 there shall be no implied covenants in 
 conveyances of real property. 44 L.R.A. 
 (N.S.) 1110. 
 
 Effect of implied covenant to pay rent on 
 liability of lessor after assignment of 
 lease. 52 L.R.A.(N.S.) 970. 
 
 c. Terms; renewal; holding over. 
 
 § 23. Terms. 
 
 Effect of covenant for lease, the term of 
 which is not specified. S B. R. C. 867. 
 
 § 25. Kenewal. 
 
 Covenant for, see supra, § 20a. 
 
 Effect of renewing tenancy without reserv- 
 ing right to remove fixtures. 48 L.R.A. 
 (N.S.) 294. 
 Holding over after expiration of lease with 
 option of extension or renewal without 
 formally exercising option. L.R.A. 
 1916E, 1232. 
 Necessity of executing new lease upon exer- 
 cising option for additional term. 
 L.R.A.1916E, 1237. 
 General rule as to option for extension. 
 
 L.R.A.1916E, 1238. 
 Contra. L.R.A.1916E, 1240. 
 Options for renewals. L.R.A.1916j'i, 
 
 1240. 
 Miscellaneous. L.R.A.1916E, 1244. 
 
 § 26. Holding over. 
 
 Holding over after original term by one who 
 has attained majority to ratify lease 
 made when under age. 47 L.R.A. 
 (N.S.) 548. 
 Effect of holding over after notice of in- 
 tention to quit. L.R.A.1915A, 235. 
 Illustrations. L.R.A.1915A, 235. 
 
 Provisions for notice in lease. 
 
 L.R.A.1915A, 236. 
 Holding over because of illness. 
 
 L.R.A.1915A, 237. 
 By compulsion of health authori- 
 ties. L.R.A.1915A, 238. 
 Contrary doctrine. L.R.A.1915A, 238. 
 Leases with privileges for renewal for 
 a term of years. L.R.A.1915A, 238. 
 Increased rent. L.R.A.1915A, 239. 
 Holding over under agreement or pend- 
 ing negotiations after notice 
 of intention to quit. L.R.A. 
 1915A, 239. 
 Pending negotiations. L.R.A. 
 1915A, 240. 
 Consult also L.B.A. Digests to date. 
 
 LANDLORD AND TENANT, III. c— 
 
 cont'd. 
 
 Double rent. L.R.A.1915A, 240. 
 
 Miscellaneous. L.R.A.1915A, 241. 
 Holding over after expiration of lease with 
 option for extension or renewal, 
 without formally exercising option. 
 L.R.A.1916E, 1232. 
 
 Extension. L.R.A.1916E, 1232. 
 
 Renewal. L.R.A.1916E, 1232. 
 
 Distinction between extension and re- 
 newal. L.R.A.1916E, 1233. 
 
 When notice is required by lease. 
 L.R.A.1916E, 1234. 
 
 Circumstances excusing holding over. 
 L.R.A.1916E, 1235. 
 
 Where tenant has option of several 
 periods. L.R.A.1916E, 1235. 
 
 Miscellaneous. L.R.A.1916E, 1235. 
 
 d. Termination; forfeiture. 
 
 § 27. Generally. 
 
 Disaffirmance of lease by infant, see In- 
 fants, § 21. 
 
 Covenant in lease as to right to terminate 
 tenancy as one running with the land. 
 L.R.A.1915C, 221, 226. 
 
 Construction of provision in lease as to 
 termination of leasehold in case of sale 
 of premises. L.R.A.1915C, 234. 
 
 Effect of transfer of reversion to terminate 
 lease. L.R.A.1915C, 190. 
 
 Effect of death of lessor or lessee. 45 
 L.R.A.(N.S.) 350. 
 
 Effect upon lease of dissolution of lessee 
 corporation. 3 B. R. C. 627. 
 
 Effect of provision allowing lessor to termi- 
 nate tenancy if he desires to build. 47 
 L.R.A.(N.S.) 949. 
 
 Termination of estate of uncertain dura- 
 tion as affecting right of sublessee to 
 remove trade fixtures. 46 L.R.A. (N.S.) 
 947. 
 
 § 28. Abandonment of premises. 
 
 Landlord's breach of covenant to repair or 
 make improvements as justification of 
 abandonment of premises. L.R.A. 
 1915C, 649. 
 
 § 32. Eviction. 
 
 § 33. — iFhat constitutes. 
 
 Closing or opening windows or other aper- 
 tures in party wall au an eviction. 49 
 L.R.A.(N.S.) 369. 
 
 Eviction of tenant by failure to furnish 
 heat. L.R.A.1916E, 742. 
 
 § 34. Forfeiture. 
 
 Forfeiture of oil and gas lease, see Mines, 
 § 38. 
 
 Forfeiture for breach of covenant to pay 
 taxes and assessments. L.R.A.1915A, 
 358. 
 
 Right of lessor as against receiver or as- 
 signee for creditors of lessee, to de- 
 clare forfeiture for breach of conditions 
 or covenants prior to appointment. 
 L.R.A.1915B, 998. 
 
360 
 
 INDEX TO NOTES. 
 
 LANDLORD AITO TENANT, III. d— 
 
 confd. 
 § 35. — waiver of. 
 
 Of right of lessor as against receiver or as- 
 signee for creditors of lessee to declare 
 forfeiture for breach of conditions or 
 covenants prior to appointment. L.R.A. 
 1915B, 1000. 
 
 e. Assignment and transfer; subletting. 
 
 § 36. Assignment and transfer. 
 
 Liability for rent after assignment, see in- 
 fra, § 80. 
 
 Construction and effect of covenants in as- 
 signment of lease as to payment of 
 taxes and assessments. L.R.A.1915A, 
 334. 
 
 Right of assignee to sue on covenant in 
 lease the purpose of which is to as- 
 sure lessee an exclusive right to con- 
 duct a certain business on premises 
 owned by lessor. L.R.A.1915C, 860. 
 
 § 38. Sublease. 
 
 Liability for rent after sublease, see infra, 
 § 80. 
 
 Termination of estate of uncertain dura- 
 tion as affecting right of sublessee to 
 remove trade fixtures. 46 L.R.A. (N.S.) 
 947. 
 
 Construction and effect of covenants in sub- 
 lease as to payment of taxes and as- 
 sessments. L.R.A.1915A, 334. 
 
 IV. Rights, duties, and liabilities of 
 parties. 
 
 a. In general. 
 
 § 39. Generally. 
 
 Relative rights of landlord and tenant as to 
 improvements, fixtures, and property on 
 leased premises, see infra, I V. b, 2. 
 
 Taxation of land under perpetual lease or 
 ground rent. 46 L.R.A. (N.S.) 284. 
 
 Effect upon character of sum agreed upon 
 for breach of agreement as penalty or 
 liquidated damages of single or mul- 
 tiple stipulations in contract. L.R.A. 
 1915E, 380, 392. 
 
 Consideration for secondary agreement be- 
 tween landlord and tenant abrogating 
 or altering prior contract. L.R.A. 
 1915B, 62. 
 
 § 40. Mechanics' lien for improve- 
 ments. 
 
 Agreement between landlord and tenant for 
 removal of fixtures by latter as affect- 
 ing mechanics' lien. L.R.A.1915E, 826. 
 
 6. Rights of tenant. 
 
 1. In general. 
 
 % 42. Generally. 
 
 Rights of tenant as against transferee of 
 reversion, see infra, § 97. 
 
 Rights of tenants under the Torrens Law. 
 L.R.A.1916D, 60. 
 
 Begin with this boole on every law question. 
 
 LANDLORD AND TENANT, IV. b, 1- 
 oont'd. 
 
 Right of lessee to sign petition for publii 
 improvements. 44 L.R.A. (N.S.) 696. 
 
 Right of tenant to notice to redeem fron 
 tax sale. 44 L.R.A. (N.S.) 675. 
 
 Right of tenants to enforce provision as t( 
 crossing in deed from lessor to railroac 
 of right of way. 48 L.R.A. (N.S.) 387 
 
 Right of a tenant for years to recover fron 
 a municipality for change of grade ir 
 street. 48 L.R.A. (N.S.) 899. 
 
 May a tenant of one close acquire an ease- 
 ment in an adjoining close of his land- 
 lord against the latter or another ol 
 his tenants. 4 B. R. C. 998. 
 
 Right of tenants to use walls for advertis 
 ing purposes. L.R.A.1915B, 1057. 
 
 § 44. Acquisition of title by tenant, 
 
 Estoppel of tenant to dispute landlord's 
 title, see Estoppel, § 36. 
 
 Right of tenant to acquire tax title. L.E.A 
 1916P, 206. 
 
 8. As to fixtures, property, and im- 
 provements on premises. 
 
 g 48. Generally. 
 
 Covenant by landlord as to improvements, 
 see supra, § 17a. 
 
 Mechanics' lien for improvements, see su- 
 pra, § 40. 
 
 What are fixtures as between landlord and 
 tenant, see Fixttjkes, § 3. 
 
 Agreement in lease for determination oi 
 value of improvements by arbitration, 
 47 L.R.A.(N.S.) 387. 
 
 Scope of provision that lessee shall leave 
 alterations, improvements, additions, 
 etc., on the premises. L.R.A.1915A, 
 654. 
 
 Right of landlord to compensation for im- 
 provements made by tenant who subse- 
 quently condemns the land. L.E.A, 
 1916F, 991. 
 
 § 49. Fixtures generally. 
 
 What are fixtures, see Fixtures, § 3. 
 
 Eight of tenant to compensation for fix- 
 tures in building talien under eminent 
 domain proceedings. L.R.A.1915D, 494. 
 Agreement between landlord and tenant for 
 removal of fixtures by latter as af- 
 fecting third persons. L.R-A, 
 1915E, 822. 
 Vendor and purchaser. L.R,A.1915E. 
 822. 
 Rights of purchaser. L.E.A.1915E, 
 
 822. 
 Liability of lessor. L.E.A.1915E, 
 825. 
 Mechanics' lien. L.R.A.1915E, 826. 
 Mortgage. L.R.A.1915E, 826. 
 
 By lessor. L.R.A.1915E, 826. 
 By lessee. L.R.A.1915E, 828. 
 Execution sale. L.R.A.1915E, 829. 
 Insurance. L.R.A. 1915E, 830. 
 Bankruptcy. L.R.A.1915E, 830. 
 Other lessees. L.R.A.1915E, 831. 
 
INDEX TO NOTES. 
 
 361 
 
 liANDLORD AND TENANT, IV. b, 2— 
 cont'd. 
 
 Aigreement between landlord and tenant as 
 to removal of fixtures and improve- 
 ments by latter as affecting third per- 
 son claiming a mechanics' lien. 45 
 L.E.A.(N.S.) 100. 
 
 Termination of estate of uncertain duration 
 as affecting right of sublessee to remove 
 trade fixtures. 46 L.R.A.(N.S.) 947. 
 
 § 50. — effect of rene^riug tenancy 
 ivithout reserving right to remove. 
 
 Effect of renewing tenancy without reserv- 
 ing right to remove fixtures. 48 L.E.A. 
 (N.S.) 294. 
 
 J 52. Crops. 
 
 Tenant's abandonment of crop as affecting 
 rights and interests therein. 46 L.R.A. 
 (N.S.) 55. 
 
 § 54. Right of tenant to cut wood 
 for fires or fences. 
 
 Injunction to prevent cutting of timber by 
 tenant. ,43 L.R.A.(N.S.) 267. 
 
 o. Duty and liahility of tenant. 
 
 ^ 55. Generally. 
 
 Tenant's liability as to rent, see infra, V. 
 
 Duty of tenant to protect crops from back- 
 water. 49 L.E.A.(N.S.) 760. 
 
 -Joint liability of landlord and tenant for 
 nuisance maintained on property. 46 
 L.R.A. (N.S.) 1189. 
 
 Parts of building used in common by all 
 tenants as part of works and ways of 
 particular tenant within employers' lia- 
 bility act. 44 L.E.A.{N.S.) 1123. 
 
 d. Duty and liability of landlord. 
 
 1. In general. 
 
 % 58. Generally. 
 
 Effect of transfer of reversion on, see in- 
 fra, § 97. 
 
 ^ 58a. Criminal liability. 
 
 •Criminal responsibility of lessor of disor- 
 derly house. 44 L.R.A.(N.S.) 859. 
 Houses of prostitution. 44 L.R.A. 
 (N.S.) 859. 
 Letting, to be kept as. 44 L.R.A. 
 
 (N.S.) 859. 
 Knowredge of, use acquired subse- 
 quent to lease. 44 L.R.A. 
 (N.S.) 861. 
 Gambling houses. 44 L.R.A. (N.S.) 
 
 863. 
 Pla,ce for illegal sale of intoxicating 
 liquors. 44 L.E.A.(N.S.) 864. 
 
 2, To third persons generally. 
 
 § 59. Generally. 
 
 Liability for injury to person in street, see 
 Highways, §§ 85, 86. 
 
 Landlord's interference with business rela- 
 tions between tenant and third persons. 
 L.R.A.1916B, 815. 
 Consult also L.B.A. Digests to date. 
 
 LANDLORD AND TENANT, IV. d, 2— 
 
 cont'd. 
 Liability of lessor for injuries to. licensee 
 or trespasser. L.E.A.1916F, 1132. 
 
 Trespasser. L.E.A.1916F, 1134. 
 
 Pedestrian. L.E.A.1916F, 1135. 
 
 Children. L.R.A.1916F, 1135. 
 
 § 59a. Where property is leased for 
 public purpose. 
 
 Injury to employee, patron, or customer of 
 lessee, see infra, IV. d, 4. 
 
 Liability of lessor of property to be used 
 
 for a public purpose, for personal 
 
 injuries to third persons. L.R.A. 
 
 1915B, 364. 
 
 Distinction between public and private 
 
 purpose. L.R.A.1915B, 366. 
 Premises defective when leased. L.R.A. 
 
 1915B, 367. 
 Defects arising subsequent to lease. 
 L.R.A.1915B, 369. 
 Where tenant in possession. L.R.A. 
 1915B, 369. 
 Where manner of construction 
 and tenant's negligence 
 both contribute to injury. 
 L.R.A.1915B, 370. 
 Where defect is obvious. 
 L.R.A.1915B, 372. 
 Where lessor retains possession. 
 L.R.A.1915B, 373. 
 Effect of agreement by lessee to repair. 
 
 L.R.A.1915B, 374. 
 Agreement of lessor to repair. L.R.A. 
 
 1915B, 375. 
 Miscellaneous. L.R<A.1915B, 375. 
 Liability of lessor for personal injuries re- 
 ceived from a defect in premises leased 
 for public use, where the defect was in 
 a portion of the premises intended only 
 for private use. L.R.A.1915B, 387. 
 
 § 60. For condition of premises in 
 possession of tenant. 
 
 Property leased for a public purpose, see 
 
 supra, § 59a. 
 Liability to tenants' guests, servants, etc., 
 
 see infra, IV. d, 4. 
 
 Liability of landlord to third person not 
 in privity with tenant for condi- 
 tion of premises in possession of 
 tenant. 50 L.R.A. (N.S.) 286. 
 In general. 50 L.R.A. (N.S.) 287. 
 General rule as to nuisances. 50 
 
 L.R.A.(N.S.) 288. 
 General rules as to negligence. 50 
 L.R.A.(N.S.) 289. 
 Landlord's negligence. 50 L.E.A. 
 
 (N.S.) 289. 
 Tenant's negligence. 50 L.R.A. 
 (N.S.) 290. 
 Injuries or damages caused partly by 
 nuisance on premises when leased, 
 and partly by tenant's negligence. 
 50 L.R.A.(N.S.) 291. 
 Injuries or damages caused otherwise 
 than by defects or lack of re- 
 pair. 50 L.R.A. (N.S.) 292. 
 Use of property. 50 L.R.A. (N.S.) 
 292. 
 
362 
 
 INDEX TO NOTES. 
 
 LANDLORD AND TENANT, IV. d, 2— LANDLORD AND TENANT, IV. d, 3 ( 
 
 cont'd. 
 
 Nuisance not connected with use. 
 50 L.R.A.(N.S.) 203. 
 Injuries or damages caused by defect 
 in property or lack of repair. 
 50 L.R.A.(N.S.) 293. 
 Property defective or out of re- 
 pair when demised. 50 
 L.R.A.(N.S.) 293. 
 Defect created or developed after de- 
 mise. 50 L.R.A.(N.S.) 295. 
 Liability of landlord for injuries to third 
 persons caused by coal holes, areaways, 
 or other excavations under or near 
 sidewalk. 50 L.R.A.(N.S.) 305. 
 Liability of landlord to third persons for 
 snow and ice or obstructions upon 
 the sidewalk. 50 L.R.A.(N.S.) 
 300. 
 Obstructions. 50 L.R.A.(N.S.) 303. 
 Liability of landlord to third persons for 
 injuries or damages by things falling 
 because of condition of leased premises. 
 50 L.R.A.{N.S.) 312. 
 
 § 62. For nuisance. 
 
 General rule as to landlord's liability to 
 third person for nuisance. 50 L.R.A. 
 (N.S.) 288. 
 
 Particular conditions within principles gov- 
 erning landlord's liability to third per- 
 son for nuisance. 50 L.R.A. (N.S.) 296. 
 
 Coal hole, areaway, or other excavation un- 
 der or near sidewalk as nuisance per 
 ae. 50 L.R.A.(N.S.) 310. 
 
 Joint liability of landlord and tenant for 
 nuisance maintained on property. 46 
 L.R.A.(N.S.) 1189. 
 
 3. To tenant and his family, 
 (b) Injuries to person. 
 
 § 66. Generally. 
 
 Contributory negligence of tenant, see Neq- 
 
 LIQENCE, § 35. 
 
 § 67. From defect in premises. 
 
 Liability of landlord for injury to tenants 
 from defects in premises. 48 
 L.R.A.(N.S.) 917; L.R.A.1916D, 
 1224. 
 
 General rule. 48 L.R.A.(N.S.) 917; 
 
 • L.R.A.1916D, 1224. 
 
 Liability for injuries from latent defect. 
 48 L.R.A.('N.S.) 918; L.R.A.1916D, 
 1225. 
 
 Defective construction. L.R.A. 1916D, 
 1225. 
 
 Liability under express agreement to 
 repair. 48 L.R.A. (N.S.) 919; 
 L.R.A.1916D, 1227. 
 
 Liability under subsequent promise to 
 repair. L.R.A.1916D, 1227. 
 
 Statutory provisions. 48 L.R.A. (N.S.) 
 920; L.R.A.1916D, 1228. 
 
 Defects in portion of premises not in- 
 cluded in lease. L.R.A. 1916D, 
 1225. 
 
 Where landlord retains control of prop- 
 erty. 48 L.R.A.(N.S.) 920; L.R.A. 
 1916D, 1226, 
 
 Begin with this hooTc on every law question. 
 
 — cont'd. 
 
 Negligence in making repairs. 
 
 L.R.A.(N.S.) 921; L.R.A.1916 
 
 1227. 
 Effect of exemption, of lessor. L.R. 
 
 1916D, 1227. 
 Where lease requires that notice 
 
 given landlord of defect. 
 
 L.R.A.(N.S.) 921. 
 Contributory negligence of tenant. 
 
 L.R.A.(N.S.) 921; L.R.A.1916 
 
 1228. 
 Liability of landlord for personal inju 
 
 to wife of lessee. L.R.A.1916 
 
 1152. 
 Where duty to repair is imposed 1 
 
 statute. L.R.A.1916F, 1153. 
 Concealment of defects by landlor 
 
 L.R.A.1916F, 1153. 
 Negligence of landlord in making i 
 
 pairs. L.R.A.1916F, 1154. 
 Where lessee agreed to repair. L.R.. 
 
 1916F, 1154. 
 Property used in common. L.R.. 
 
 1916F, 1154. 
 Knowledge of defect by Ifessee. L.E.. 
 1916F, 1155. 
 
 By wife. L.R.A.1916F, 1155. 
 Necessity of notice to lessor. L.R.. 
 
 1916F, 1155. 
 Where use of defective premises wi 
 
 permissive only. L.E.A.1916' 
 
 1155. 
 Liability of landlord for personal injui 
 
 to member of lessee's family othi 
 
 than wife. L.R.A.1916F, 1159. 
 Premises used in common. L.R.. 
 1916F, 1160. 
 
 Railing. L.R.A.1916F, 1161. 
 
 Steps and stairways. L.R.,, 
 1916F, 1161. 
 
 Hallways. L.R.A.1916F, 1161. 
 
 Elevators. L.E.A.1916F, 1161. 
 
 Yard. L.R.A.1916F, 1161. 
 
 Water-closet. L.R.A.1916F, 116 
 
 Roof. L.R.A.1916F, 1162. 
 
 Dumb-waiter. L.R.A.1916F, 116 
 
 Walk. L.R.A.1916F, 1162. 
 Property not intended for use. L.K.j 
 
 1916F, 1162. 
 Statutory liability. L.R.A.1916F, 116 
 Negligence in making repairs. L.E.J 
 
 1916F, 1163. 
 Necessity of showing negligence i 
 
 lessor. L.R.A.1916F, 1163. 
 Other members of the" family. L.R.j 
 
 1916F, 1163. 
 
 § 68. For injuries from defects i 
 portions of building renLainin 
 in his possession. 
 
 Liability for injury to tenant from defei 
 in portion of premises not included i 
 lease. , L.R.A.1916D, 1225. 
 
 § 69. As to part of premises not coi 
 trolled by tenant. 
 
 Liability of landlord for injury to tenan' 
 from defects in premises where Ian' 
 lord retains control of property. '■ 
 L.R.A.(N.S.) 920; L.R.A.1916D, 122 
 
INDEX TO NOTES. 
 
 363 
 
 LANDLORD AND TENANT, IV. d, 3 (b) 
 
 cont'd. 
 Liability of landlord for defect in porch 
 or steps used in common by differ- 
 ent tenants, or giving access to 
 common hall. L.E.A.1915B, 98. 
 Liability as affected by nature of de- 
 fect, whether latent or patent. 
 L.R.A.1915B, 98. 
 Snow or ice. L.R.A.1915B, 99. 
 When porch or step may be said to 
 be used in common. L.R.A. 
 1915B, 99. 
 As a question for the jury. L.R.A. 
 1915B, 100. 
 Where property is leased as an entire- 
 ty. L.R.A.1915B, 100. 
 Negligence of lessor as question for the 
 
 jury. L.E.A.1915B, 100. 
 Where injured person is a mere visitor. 
 L.R.A.1915B, 101. 
 Private action for violation of statutory 
 duty to light halls and stairways. 
 L.E.A.1915E, 545. 
 
 4. To tenant's guests and servants and 
 persons expressly or impliedly 
 invited on premises, from defects 
 in premises. 
 
 § 72. Generally. 
 
 Contributory negligence of guests or serv- 
 ants, see Negligence, § 35. 
 
 Liability of landlord for personal injuries 
 to persons in privity with tenant. 
 L.E.A.1916P, 1081. 
 Portion of premises in exclusive posses- 
 sion of tenant. L.R.A.1916F, 
 1083. 
 In general; measure of liability. 
 
 L.E.A.1916F, 1083. 
 Liability to visitors, guests and 
 
 invitees. L.E.A.1916F, 1084. 
 Liability to sublessees and their 
 
 visitors. L.R.A.1916F, 1084. 
 Negligence of lessor in making re- 
 pairs. L.R.A.1916F, 1086. 
 As affected by statutory provisions. 
 
 L.R.A.1916r, 1086. 
 Where premises are leased in a 
 dangerous condition. L.R.A. 
 1916F, 1086. 
 Portion of premises used in common. 
 L.R.A.1916F, 1087. 
 Possession reserved by landlord. 
 L.R.A.1916F, 1087. 
 Injury to guests and invitees. 
 
 L.R.A.1916F, 1087. 
 Injury to sublessees, their 
 guests and invitees. 
 L.R.A.1916F, 1089. 
 Injury" to roomers and board- 
 ei;s. L.R.A.1916F, 1089. 
 Where possession passes to ten- 
 ants. L.R.A.1916F, 1089. 
 Where tenant agrees to repair. 
 L.R.A.1916F, 1090. 
 Necessity of showing negligence of land- 
 lord. L.E.A.1916F, 1090. 
 Limitation of rule which measures 
 duty to invitee or guest by duty to 
 tenant. L.R.A.1916F, 1091. 
 Consult also L.B.A.. Digests to date. 
 
 LANDLORD AND TENANT, IV. d, 4— 
 cont'd. 
 Negligence of injured person. L.R.A. 
 
 1916F, 1092. 
 Effect of negligence of tenant. L.R.A. 
 
 1916F, 1097. 
 Defect in portion of premises not in- 
 tended for use. L.R.A.1916F, 1097. 
 'Defect in portion of premises used by 
 permission. L.R.A.1916F, 1098. 
 Liability of landlord for injury to employee 
 of tenant. L.R.A.1916F, 1140. 
 Where lessee is in possession. L.R.A. 
 1916F, 1140. 
 Negligence of lessor in altering or 
 repairing the leased premises. 
 1916F, 1142, 
 Where premises leased for public or 
 business purposes. L.R.A. 
 1916F, 1142. 
 Effect of agreement by lessee to 
 
 repair. L.R.A.1916F, 1144. 
 Where lessor knew of defect. 
 
 L.R.A.1916F, 1144. 
 Where lessor retained possession. 
 L.R.A.1916F, 1144. 
 Premises used in common. L.R.A. 
 1916F, 1145. 
 Portion of property retained. 
 L.R.A.1916F, 1145. 
 Stairways. L.R.A.1916F, 1145. 
 Hallways. L.R.A.1916F, 1145. 
 Elevator. L.R.A.1916F, 1146. 
 Elevator shaft or well. L.R.A. 
 
 1916F, 1147. 
 Dumb-waiter. L.R.A.1916F, 
 
 1148. 
 Fire escapes. L.R.A.1916F, 
 
 1148. 
 Clothes pole. L.R.A.1916F, 
 
 1148. 
 Roof. L.R.A.1916F, 1148. 
 Portion of premises not intended 
 for general use. L.R.A.1916F, 
 1149. 
 Liability of landlord to guest or invitee of 
 lessee for injury caused by struc- 
 tural defect in the leased premises. 
 L.R.A.1916F, 1100. 
 Where lessee in possession. L.R.A. 
 
 1916F, 1100. 
 As to obvious defects. L.R.A.1916F, 
 
 1101. 
 Property used in common. L.R.A. 
 1916F, 1101. 
 Liability of landlord who had contracted 
 to keep in repair the leased prem- 
 ises for personal injuries to guest 
 or invitee of tenant. L.R.A.1916F, 
 1106. 
 Distinction between stranger to lessee 
 and persons entering premises upon 
 his express or implied invitation. 
 L.R.A.1916F, 1110. 
 Liability of landlord of office building for 
 injury to person calling on ten- 
 ant on business. L.R.A.1916F, 
 1118. 
 Where tenant had possession of defec- 
 tive portion. L.R.A.1916F, 1118. 
 Property used in common. L.R.A. 
 1916F, 1119. 
 Customer. L.R,A.1916F, 1119. 
 
364 
 
 INDEX TO NOTES. 
 
 LANDLORD AND TENANT, IV. d, 4— 
 cont'd. 
 
 Person delivering goods to tenant. 
 
 I-.R.A.1916P, 1119. 
 Person delivering newspapers to 
 
 tenant. L.R.A.1916F, 1119. 
 Salesman. L.R.A.1916F, 1120. 
 Collector. L.R.A.1916F, 1120. 
 Person collecting parcels. L.E.A. 
 19ieF, 1120. 
 , Expressman. L.R.A.1916F, 1120. 
 
 Mail carrier. L.R.A.1916F, 1120. 
 Revenue officers. L.R.A.1916F, 
 1120. 
 Necessity of showing lessor's negli- 
 gence. L.R.A.1916F, 1120. 
 Effect of negligence of lessee. L.R.A. 
 
 1916F, 1120. 
 Portion of premises not intended for 
 use. L.R.A.1916F, 1121. 
 Liability of lessor of place of amusement 
 for safety of patrons. L,E,A,1915F, 
 696. 
 Liability of lessor of premises leased for 
 business, public, or amusement pur- 
 ' pose, for personal injuries to cugi- 
 tomer or patron. L.R.A.1916F, 
 1123. 
 Business property. L.R.A.1916F, 1124. 
 Where possession passes to the 
 
 lessee. L.R.A.1916F, 1124. 
 Where possession is retained by 
 
 lessor. L.R.A.1916F, 1125. 
 Where leased in dangerous condi- 
 tion. L.R.A.1916F, 1126. 
 Portion of premises not intended 
 for use. L.R.A.1916F, 1126. 
 Hotels and boarding houses. L.R.A. 
 
 1916F, 1126. 
 Places of amusement, theaters, etc. 
 
 L.R.A.1916F, 1127.' 
 Parks, etc. L.R.A.1916F, 1128. 
 Property leased for a lodge room. 
 
 L.R.A.1916F, 1129. 
 Wharf or pier. L.R.A.1916F, 1129. 
 Miscellaneous. L.R.A.1916F, 1129. 
 Liability of lessor for personal injuries to 
 person on the leased premises to secure 
 employment. L.R.A.1916F, ' 1136. 
 Defects in porch or steps used in common 
 by different tenants or giving access 
 to common hall. L.R.A.1915B, 101. 
 
 F. Rent or other compensation; lien, 
 a. In general. 
 
 § 77. Generally. 
 
 Effect of transfer of reversion on rights and 
 liabilities as to, see infra, § 97. 
 
 Rent under oil and gas lease, see Mines, 
 § 36. 
 
 Rentals charged by public or public service 
 corporations, see Rental. 
 
 Are taxes which leasee covenants to pay to 
 
 be regarded as a part of the rent. 
 
 L.R.A.1915A, 355. 
 Tax on rent as within covenant in lease as 
 
 to payment of taxes and assessments. 
 
 L.R.A.1915A, 343. 
 
 Begin with this liooTe on every law question 
 
 LANDLORD AND TENANT, V. a— ooji( 
 
 Landlord's breach of covenant to repair 
 make improvements as defense 
 action for rent. •L.R.A.1915C, 649 
 
 Liability of purchaser who takes possess) 
 under parol contract of sale in acti 
 for rents or for use and occupati 
 where vendor refuses to perfor 
 L.R.A.1915E, 405. 
 
 Provisions in lease accelerating maturity 
 future rents and giving lessor rig 
 to take possession upon default in ps 
 ment of rentals or upon insolvency 
 lessee as alternative or coneurrei 
 L.E.A.1916B, 1101. 
 
 Effect of holding over after notice of i 
 tention to quit. L.R.A.1915A, 235. 
 
 Liability for use of leased premises by o 
 seizing tenant's goods or chatte 
 43 L.R.A.(N.S.) 527. 
 Scope. 43 L.R.A.(N.S.) 527. 
 Liability of chattel mortgagee. 
 
 L.R.A.(N.S.) 527. 
 Liability of officer levying writ. 
 L.R.A.(N.S.) 528. 
 For rent. 43 L.R.A.(N.S.) 528. 
 For damages. 43 L.R.A, (N.S 
 530. 
 
 Liability of infant lessee for rent. 
 L.R.A.(N.S.) 544. 
 
 Infant's recovery back of rent paid. ■ 
 L.R.A.(N.S.) 546. 
 
 Determination of the value of the use 
 rental of property. 44 L.R.A.(N.S 
 499. 
 
 Failure of consideration for bill or no 
 given for future rent as affecting pu 
 chaser with knowledge of the charact 
 of the consideration. 46 L.R.A. (N.S 
 869. 
 
 Provision in lease for determination I 
 arbitration or appraisement rents pa 
 able. 47 L.R.A.(N.S.) 387. 
 
 Right to retain rent paid in advance i 
 event of termination of the lease. { 
 L.R.A.(N.S.) 1034. 
 
 § 78. Wbo entitled to rent. 
 
 Application of rents received by mortgag( 
 in possession. 4 B. R. C. 829. 
 
 § 80. Liability of lessee, sublessee i 
 assignee of leasehold for rei 
 after assignment or sublease. 
 
 In general. 52 L.E.A. (N;S.) 969. 
 Of lessee. 52 L.R.A. (N.S.) 969. 
 
 After assigning. 52 L.R.A. (N.S.) 97i 
 
 Where lease contains no covenai 
 
 to pay rent. 52 L.R.A.(N.S, 
 
 970. 
 
 Implied covenant to pay rent. 5 
 
 L.R.A.(N.S.) 970. 
 Where lease contains an exprei 
 covenant to pay rent. 5 
 L.R.A.(N.S.) 971. 
 As affected by lessor's consei 
 to assignment. 52 L.R.i 
 (N.S.) 973. 
 Release of lessee. 52 L.K;J 
 974. 
 After subletting. 52 L.R.A. (N.S.) 971 
 
.INDEX TO NOTES. 
 
 365 
 
 LANDLORD AND TENANT, V. a.— cont'd. 
 
 Of sublessee. 52 L.R.A.{N.S.) 976. 
 To lessor. 52 L.R.A.(N.S.) 976. 
 
 As affected by statutes. 52 L.R.A. 
 
 (N.S.) 977. 
 As affected by lessee's surrender of 
 lease. 52 L.R.A. (N.S.) 978. 
 To lessee. 52 L.R.A. (N.S.) 978. 
 Of assignee. 52 L.R.A. (N.S.) 978. 
 To lessee. 52 L.R.A. (N.S.) 978. 
 Where lessee has paid the rent. 
 
 52 L.R.A.(N.S.) 978. 
 Where lessee has not paid the rent. 
 52 L.R.A.(N.S.) 979. 
 To lessor. 52 L.R.A. (N.S.) 979. 
 
 Necessity for possession. 52 L.R.A. 
 
 (N.S.)_ 98L 
 Rent accruing prior to assignment. 
 
 52 L.R.A. (N.S.) 983. 
 Assignee of part of premises. 52 
 
 L.R.A.(N.S.) 984. 
 Liability under'invalid assignment. 
 
 52 L.R.A.(N.S.) 985. 
 Equitable assignees. 52 L.R.A. 
 
 (N.S.) 986. 
 Presumption as to fact of assign- 
 ment. 52 L.R.A.(N.S.) 986. 
 Mortgagee as assignee. 52 L.R.A. 
 
 (N.S.) 987. 
 Executor or administrator as as- 
 signee. 52 L.R.A.(N.S.) 987. 
 Receivers or assignees for cred- 
 itors as assignees of leasehold. 
 52 L.R.A.(N.S.) 988. 
 Purchaser of leasehold at judicial 
 sale as assignee. 52 L.R.A. 
 (N.S.) 988. 
 Assignee of paid-up lease. 52 
 L.R.A.(N.S.) 988. 
 Method of terminating liability. 52 
 L.R.A.(N.S.) 988. 
 By reassignment. 52 L.R.A. (N.S.) 
 988. 
 Effect as to rent already ac- 
 crued. 52 L.R.A.(iSr.S.) 
 990. 
 Necessity of lessor's consent. 
 
 52 L.R.A. (N.S.) 990. 
 Necessity of possession by sec- 
 ond assignee. 52 L.R.A. 
 (N.S.) 990. 
 Effect of assignee's express 
 agreement to remain lia- 
 ble for full term. 52 
 L.R.A.(N.S.) 991. 
 
 § 84. Iiialility after destrnction of 
 leased building. 
 
 Determination of proportional part of rent 
 to be abated upon destruction of 
 premises. L.R.A.1916F, 277. 
 
 § 87. Guaranty or insurance of rent. 
 
 Insurance against loss of rents, see Insur- 
 ance, § 218. 
 
 6. Landlord's lien. 
 
 t88. Generally. 
 ntedating lease as affecting priority of 
 
 landlord's lien. L.R.A.1916F, 450. 
 Constilt also L.R.A. Digests to date. 
 
 LANDLORD AND TENANT— cont'd. 
 VI. Recovery of possession; re-entry, 
 
 § 94. Generally. 
 
 Right of lessor to maintain an action for 
 possession against his covenant not to 
 distujb lessee's possession, when the 
 covenant is repugnant to the estate 
 granted. L.R.A.1915D, 467. 
 
 Provisions in lease accelerating maturity of 
 future rents, and giving lessor right 
 to take possession upon default in pay- 
 ment of rentals or upon insolvency of 
 lessee as alternative or concurrent. 
 L.R.A.1916B, 1101. 
 
 Till. Sale of leased property. 
 
 § 97. Generally. 
 
 Transfer of reversion. L.R.A.1915C, 190. 
 In general. L.R.A.1915C, 191. 
 Voluntary transfers. L.R.A.1915C, 192. 
 Notice to transferee. L.R.A. 
 1915C, 193. 
 Necessity of referring, in 
 transfer, to the lease. 
 L.R.A.1915C, 193. 
 Possession by tenant. L.R.A. 
 
 1915C, 195. 
 Recording the lease. L.R.A. 
 19150, 195. 
 Distinction between transfer of re- 
 version and so-called assign- 
 ment of lease by lessor. 
 L.R.A.1915C, 195. 
 Necessity for seal. L.R.A.1915C, 
 
 198. 
 Transfer by subsequent lease. 
 L.R.A1915C, 198. 
 Concurrent leases. L.R.A. 
 
 19150, 198. 
 Leases in reversion. L.R.A. 
 19150, 199. 
 Transfer by way of mortgage. 
 
 L.R.A.1915C, 200. 
 Necessity for attornment. L.R.A. 
 19150, 201. 
 Ti^anpfers by operation of law. L.R.A. 
 19150, 203. i 
 
 Necessity for attornment. L.R.A. 
 
 19150, 203. 
 By sale on lien. L.R.A.1915C, 204. 
 On lien subsequent to lease. 
 
 L.R.A.1915C, 204. 
 On lien prior to lease. L.R.A. 
 1915C, 204. 
 Effect of attornment. 
 L.R.A.19150, 204. 
 Inconsistent holdings and 
 statutorv changes. L.R.A. 
 1C15C, 204. 
 By sale under judicial decree not 
 based on prior lien. L.R.A. 
 10150, 206. 
 By devolution upon landlord's 
 
 death. L.R.A.1915C, 206. 
 By death of landlord who had only 
 a life estate. L.R.A.19150,. 
 207. 
 
366 
 
 IXDEX TO NOTES. 
 
 IiANDLORD AND TENANT, Vlll.—confd. 
 Eights and liabilities of transferee. 
 L.E.A.1915C, 209. 
 Based upon privity of estate. 
 
 L.R.A.1915C, 209. 
 Based upon privity of contract. 
 L.R.A.1915C, 210. 
 Eight to sue on contract in 
 name of lessor: L.R.A. 
 19150, 210. 
 Under covenants that run with 
 
 the land. L.R.A. 
 
 1915C, 210. 
 Common-law doctrine and 
 
 statutory changes. 
 
 L.R.A.1915C, 210. 
 Where lessor has no title. 
 
 L.R.A.1915C, 213. 
 Necessity for use of word 
 
 "assigns" in the lease. 
 
 L.R.A.1915C, 215. 
 Kecessity for seal on 
 
 lease. L.R.A.1915C, 
 
 215. 
 On particular covenants. 
 
 L.R.A.1915C, 216. 
 Lease of an incorporeal 
 
 hereditament. L.R.A. 
 
 1915C, 222. 
 In lease of personal chat- 
 tels. L.R.A.1915C, 
 
 223. 
 Transfer of part of the 
 
 reversion: L.R.A. 
 
 1915C, 223. 
 For breaches prior to 
 
 transfer. L.R.A. 
 
 19150, 224. 
 lUnder covenants that do not 
 
 run with the land. 
 
 L.R.A.1915C, 224. 
 Giving lessee a, monopoly 
 
 in trade. L.R.A. 
 ^ 19150, 225. 
 To pay a collateral sum. 
 
 L.R.A.19150, 225. 
 Relating to personal 
 
 property. L.R.A. 
 
 19150, 225. 
 Concerning land not in- 
 cluded in the lease. 
 
 L.R.A.1915C, 225. 
 Concerning interests not 
 
 owned by lessor. 
 
 L.R.A.19150, 226. 
 Giving tenant an option 
 
 to purchase. L.R.A. 
 
 19150, 226. 
 To find subtenants for 
 
 lessee. L.R.A.19150, 
 
 226. 
 To repair. L.R.A.19160, 
 
 226. 
 To terminate the lease. 
 
 L.R.A.19150, 226. 
 Affected by stipulation 
 
 against implied cove- 
 nants. L.R.A.19150, 
 
 226. 
 Availability by transferee of les- 
 sor's remedy for possession. 
 L.R.A.1915C, 226 
 
 LANDLORD AND TENANT, VIII.— conf, 
 Eights and liabilities of transferre 
 L.R.A.19150, 227. 
 Based upon privity of estat 
 
 L.R.A.1915C, 227. 
 Based upon privity of contrac 
 L.R.A.19150, 228. 
 Right of action in genera 
 L.R.A.19150, 228. 
 Bight of action for rent. L.R.i 
 19150, 228. 
 Accrued subsequent t 
 transfer. L.E.^ 
 
 19150, 228. 
 Accrued prior to transfei 
 
 L.R.A.19150, 229. 
 Where he reserves th 
 rent. L.R.A.1915C 
 229. 
 On rent note. L.R.i 
 
 19150, 230. 
 Apportionment of reni 
 with respect to tims 
 L.R.A.1915C, 231. 
 Liabilities. L.R.A.1915C, 231 
 Eights and liabilities of lessee. L.R.i 
 19150, 233. 
 Rent paid in advance. L.R.i 
 
 19150, 233. 
 Eight to prove that lessor hai 
 parted with title. JjJR-A 
 19150, 233. 
 Eight to show that transfer is ir 
 effectual. L.R.A.19150, 234. 
 Eight to avoid payment of rent b; 
 proving a merger. L.R.^ 
 1915C, 234. 
 Effect of sale of the reversion on right 
 and liabilities under covenant the pur 
 pose of which is to assure lessee ai 
 exclusive right to conduct a certaii 
 business on premises owned by lessoi 
 L.R.A.19150, 85?. 
 Right of transferee of reversion as t 
 breaches of covenant occurring be 
 fore transfer. L.R.A.19150, 245. 
 The general rule. L.R.A.19150, 246. 
 Reasons for rule. L.R.A.19150, 246. 
 Continuing breaches. L.R.A.19150, 247 
 Construction of provision in lease as t 
 termination of leasehold in cas 
 of sale of premises. L.R.A.1915C 
 234. 
 In general. L.R.A.19150, 234. 
 Eight to terminate given by inference 
 
 L.R.A.19150, 235. 
 Is provision a condition subsequent o 
 a special limitation. L.R.A.1915C 
 236. 
 Colorable sales. L.R.A.19150, 240. 
 Who enforces provision. L.R.A.1915C 
 
 241. 
 Miscellaneous holdings. L.R.A.1915C 
 243. 
 
 LANDOWNERS. 
 
 Begin with this 'book on every law question. 
 
 Doctrine of equitable conversion as affect 
 ing one's right to sign consent or re 
 monstrance as landowner. 50 L.R.i 
 (N.S.) 32. 
 
INDEX TO NOTES. 
 
 367 
 
 I.ANSS. 
 
 Valuation of public utility lands. 48 L.E.A. 
 (N.S.) 1196. 
 
 IiANE. 
 
 Extent of right confered by grant or reser- 
 vation in conveyance of lot of right to 
 use lane or alley. 3 B. R. C. 533. 
 
 I.ANGUAGE. 
 
 Power to prescribe teaching of, in public 
 schools. 47 L.E.A.(N.S.) 203. 
 
 I.AFSE. 
 
 Of devise or legacy, see Wills, § 120. 
 
 IiARCENT. 
 
 § 1. Generally. 
 
 Insurance against theft, see Insurance, § 
 
 220. 
 See also Receiving Stolen Pbopebtt. 
 
 Statutes infringing freedom to deal with 
 one's property enacted in order to 
 prevent larceny. L.R.A.1915B, 213. 
 
 Validity and enforceability of contract to 
 compensate the owner of property 
 stolen in absence of duress or agree- 
 ment, express or implied, to stifle 
 prosecution. L.R.A.1915E, 139. 
 
 § 2. Wliat constitntes. 
 
 Larceny by abstracting money or other prop- 
 erty from letter given one to mail. 47 
 L.R.A.(N.S.) 852. 
 Conversion of proceeds of property ac- 
 quired by defendant under an agree- 
 ment to sell the same and turn over 
 proceeds, as larceny. 52 L.R.A. (N.S.) 
 1222. 
 Intent or offer to return, or actual return 
 of, property as affecting charge of 
 larceny. 52 L.R.A.(N.S.) 1013. 
 Intent to return. 52 L.R.A.(N.S.,) 
 1014. 
 Taking to hold for reward. 52 
 
 L.R.A.(J^.S.) 1016. 
 Taking and pledging. 52 L.R.A. 
 
 (N.S.) 1017. 
 Miscellaneous. 52 L.R.A.(N.S.) 
 1018. 
 Offer or agreement to return. 52 
 
 L.R.A.(N.S.) 1022. 
 Actual Tfeturn. 52 L.R.A.(N.S.) 1024. 
 Mitigation by voluntary return. 
 52 L.R.A.(N.S.) 1025. 
 Appropriation by bailee of articles accident- 
 ally coming into his possession as sub- 
 ject of bailment. L.R.A.1915C, 712. 
 Consult also L.B.A. Digests to date. 
 
 LARCENY— confd. 
 
 Larceny, obtaining property by means of 
 
 promise to pay, or give security, for 
 
 same, without intent to do so. L.R.A. 
 
 1916E, 769. 
 Corpus delicti in larceny. L.R.A.1916B, 
 
 846. 
 
 § 3. What constitutes asportation. 
 
 Killing animal and carrying away part of 
 the carcass as larceny of the animal. 
 L.E.A.1915E, 848. 
 
 § 4. Of what property. 
 
 Real property or things savoring of realty 
 as the subject of larceny. 49 
 L.R.A.(N.S.) 965. 
 Common-law rule. 49 L.R.A. (N.S.) 
 
 965. 
 Application of rule. 49 L.R.A. (N.S.) 
 965. 
 Minerals. 49 L.R.A. (N.S.) 906. 
 Trees, crops, fruits, etc. 49 L.R.A. 
 
 (N.S.) 966. 
 Doors, fence rails, and things 
 constructively annexed to real- 
 ty generally. 49 L.R.A.(N.S.) 
 967. 
 Documents or instruments relat- 
 ing to the realty. 49 L.R.A. 
 (N.S.) 969. 
 Under statute. 49 L.R.A. (N.S.) 969. 
 Minerals. 49 L.R.A. (N.S.) 969. 
 Trees, crops, fruits, etc. 49 L.R.A. 
 
 (N.S.) 969. 
 Things annexed to realty. 49 
 
 L.R.A. fN.S.) 971. 
 Instruments relating to realty. 
 49 L.R.A.(N.S.) 971. 
 Larceny of property found. L.R.A.1916A, 
 468. 
 By finder. L.R.A.1916A, 468. 
 
 Of estrays. L.R.A.1916A, 468. 
 
 § 8. Defenses. 
 
 Kleptomania as defense to. 43 L.R.A. (N.S.) 
 150. 
 
 Instigation or consent to larceny for pur- 
 pose of detecting criminal as defense 
 to prosecution. 51 L.R.A. (N.S.) 827. 
 
 § 10. Indictment for. 
 
 See Indictment, etc., § 23. 
 
 § 11. Evidence in prosecntion for. 
 
 Evidence of other crimes in prosecution for. 
 
 43 L.R.A.(N.S.) 776. 
 Validity of statute making possession of 
 
 stolen property proof of guilt. L.R.A. 
 
 1915C, 734. 
 Proof of corpus delicti. L.R.A.1916B, 846. 
 
 §i 12. Punishment for. 
 
 Cruel and vmusual punishment for. L.R.A. 
 1915C, 567. 
 
 g 13. Civil liability for, or in respect 
 to. 
 
 Liability of innkeeper, see Innkeepees, §§ 
 7-9. 
 
S6S 
 
 INDEX TO NOTES. 
 
 LARCENY— cotit'd. 
 
 Of property bailed ; presumption and burden 
 of proof as to care or negligence. 43 
 L.E.A.{N.S.) 1179. 
 
 Liability of bailee (other than a common 
 carrier or innkeeper) for theft com- 
 mitted by servant. 4 B. R. C. 562. 
 
 Liability of sleeping car ^ company for 
 theft of baggage or personal effects of 
 passenger. L.R.A.1915B, 621. 
 
 Liability of carrier for theft of hand bag- 
 gage or other effects in the custody or 
 control of passenger. L.R.A.1915B, 608. 
 
 Liability for stolen mail. L.R.A.1915A, 
 374. 
 
 Existence of a trust in property stolen. 
 L.R.A.1915B, 442. 
 
 LASCIVIOUS COHABITATION OR 
 CONDUCT. 
 
 See Adulteet; Disorderly Houses; Forni- 
 cation; Illicit Cohabitation; In- 
 cest; Lewdness; Prostitution; Se- 
 duction. 
 
 I,AST CLEAR CHANCE. 
 
 See Negligence, II. a, 5. 
 
 ■> »» — 
 
 LATENT AMBIGUITIES. 
 
 As to land in will, correction of. L.R.A. 
 1915E, 1008. 
 
 LATERAL SVFFOB.T— cont'd. 
 
 Express agreements or covenants for lateral 
 
 support. 48 L.R.A.(N.S.) 474. 
 Gratuitous promise's. 48 L.R.A. (N.S.)' 
 
 475. 
 
 § 3. For buildings. 
 
 Creation of easement of support by sever- 
 ance of tract of land. L.R.A.1915C, 
 353. 
 
 Express agreements or covenants for. 48^ 
 L.R.A.(N.S.) 474. 
 
 Effect of destruction of building to termi- 
 nate adjoining owner's easement of 
 support. 46 L.R.A.(N.S.) 1021. 
 
 LATENT DEFECTS. 
 
 § 1. Injury by, generally. 
 
 Liability of carrier for injury to passenger 
 
 by latent defect in car. L.R.A.1915D, 
 
 305. 
 Landlord's liability for injury to tenant 
 
 from. 48 L.R.A. (N.S.) 918; L.R.A. 
 
 1916D, 1225.' 
 
 § 2. Injury in street by. 
 
 Contributory negligence of person injured 
 by latent defect in street. 48 L.R.A. 
 (N.S.) 633. 
 
 § 2. Injury to servant by. 
 
 Servant's assumption of risk of, see Mas- 
 ter AND Servant, § 113. 
 
 LATERAL SUPPORT. 
 
 § 1. Generally. ^ 
 
 Measure of damages for removing, see Dam- 
 ages, § 72. 
 
 4 » » 
 
 LAUNDRIES. 
 
 Validity of agreement in restraint of trade- 
 ancillary to sale of business as affected 
 by its territorial scope. L.R.A.1916C, 
 631. 
 
 LATV. 
 
 Conflict of, see Conflict of Laws. 
 Custody of, see Custody of Law. 
 Judicial notice of, see Evidence, § 2. 
 Presumptions and burden of proof as to, see 
 
 Evidence, §§ 19, 20. 
 As to statutes, see Statutes. 
 
 Mistake as to law of another state or coun- 
 try as one of law or of fact. 46 L.R.A. 
 (N.S.) 174. 
 
 Violation of, as> contributory negligence. 
 48 L.R.A.(N.S.) 639. 
 
 LAAVFUL HEIRS. 
 
 Extrinsic evidence to identify person intend- 
 ed by testator using term.- 47 L.EA. 
 (N.S.) 533. 
 
 * • * 
 
 LA-W OF PLACE. 
 
 See Conflict of Laws. 
 
 LAW OF THE CASE. 
 
 Judgment affirming a nonsuit as the law oi 
 the case. 48 L.R.A. ( N.S. ) 464. 
 
 LAAVYERS. 
 
 Eegin ti'ith this tooli on every law question. 
 
 See also Attorneys. 
 
 False representation of foreign law as basil 
 for fraud action. L.R.A.1915A, 675. 
 
INDEX TO NOTES. 
 
 36!> 
 
 I.AYMEN. 
 
 Champertous contracts of. L.E.A.1916E, 
 68. 
 
 « « » 
 
 LEADING QTTESTIONS. 
 
 See Witnesses, § 27. 
 
 *—*■ 
 
 I.EASE. 
 
 In general, see Landlord and Tenant, III. 
 
 Of coal lands, see Mines, § 32. 
 
 Oil or gas lease, see iliNES, §§ 35-38. 
 
 Contract exempting railroad company from 
 liability for burning building placed on 
 leased portion of right of way. 44 
 L.R.A.(N.S.) 1127. 
 
 LEASEHOIiD. 
 
 In general, see Landlord and Tenant. 
 
 Personal liability of a trustee for losses to 
 trust estate from investing funds on 
 security of leasehold property, 
 L.R.A.(N.S.) 917. 
 
 44 
 
 LEGACY. 
 
 In general, see Wills, "V. 
 
 LEGAL EXPENSES. 
 
 Treatment of, as part of overhead char;?es 
 in public service property valuations. 
 48 L.E.A.(N.S.) 1049. 
 
 LEGAL HEIRS. 
 
 Extrinsic evidence to identify person in- 
 tended by testator using term. 47 
 L.E.A.(N.S.) 533. 
 
 LEGAL PROCEEDINGS. 
 
 Bonds given in, see Bonds, § 8. 
 Injunction against, see Injunction, II. k. 
 
 Effect of admission of state into the Union 
 upon provisions of ordinance of 1787 
 as to. 52 L.E.A.(N.S.) 311. 
 
 LEGAL SERVICES. 
 
 Liability of infant fo». 44 L.R.A.(N.S.) 
 
 411. 
 Conclusiveness of the testimony of experts 
 
 as to the value of professional services. 
 
 45 L.E.A.(N.S.) 181. 
 
 LEGATEES. 
 
 See Wills, V. 
 
 4«» 
 
 LEGAL REPRESENTATIVES. 
 
 I 
 See Executors and Administrators. 
 Consult also L.R.A. Digests to date. 
 
 43— '16F. 24 
 
 LEGISLATURE. 
 
 /. In general, §§ 1, 2. 
 II. Powers, § 3. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Appropriations by, see Appropeiations. 
 
 Constitutionality of legislation generally, 
 see Constitutional Law. 
 
 Enactment of statutes by, see Constitu- 
 tional Law; Statutes, II. a. 
 
 Eelation of courts to legislature, see Courts, 
 §§ 15, 16. 
 
 Legislative functions of municipality, see 
 Municipal Corporations, V. c. 
 
 Effect of admission of state into the Union 
 upon provisions of ordinance of 1787 
 as to proportionate representation of 
 the people in the legislature. 52 
 L.E.A.(N.S.) 311. 
 
 II. Powers. 
 
 § 3. Generally. 
 
 Constitutional powers of, generally, sec 
 Constitutional Law. 
 
 Delegation of legislative power, see Consti- 
 tutional Law, V. 
 
 Usurpation of powers of or by, see Con- 
 stitutional Law, VI. 
 
 Local self-government, see Constitutional 
 Law, VII. 
 
 Power to pass statutes affecting rights of 
 persons and property, see Constitu- 
 tional Law, VIII. 
 
 Power of, over courts, see Courts, § 13. 
 
 Legislative control over municipality, see 
 Municipal Corporations, II. 
 
 Power as to use of public money, see Public 
 Moneys, § 4. 
 
 Authority of, as defense against liability 
 for nuisance, see Nuisances, § 28. 
 
 Power of legislature or branch thereof to 
 appoint a committee to sit after close 
 of session. L.E.A.1915E, 496. 
 
 Power of legislature to add to or vary the 
 constitutional method of selecting 
 judges. L.E.A.1916E, 834. 
 
 Power of the legislature to compel munici- 
 pality to establish water or lighting 
 plant, or to purchase existing plant. 
 44 L.E.A.tN.S.) 1389. 
 
370 
 
 INDEX TO NOTES. 
 
 LEGISLATURE, U.—cont'd. 
 
 Power of legislature to prescribe subjects to 
 
 be taught in puilic schools. 47 L.E.A. 
 
 (N.S.) 200. 
 Legislative power to forbid marriage. 52 
 
 L.K.A.(N.S.) 778. 
 
 LEGITIMACY. 
 
 See Illegitimact. 
 
 LEGITIMATION. 
 
 Of illegitimate child, see Illegitimact, § 3. 
 
 ♦ »» 
 
 LEin>EBS. 
 
 License of, see License, § 32. 
 ♦ «» 
 
 LETTERHEAD. 
 
 Matter in letterhead as part -of contract or 
 as notice affecting the rights of the 
 parties. L.R.A.1916D, 1072. 
 
 LETTERS. 
 
 Admissibility of, in evidence, see Evidence, 
 
 § 137. 
 Of administration, see Executoks and Ad- 
 
 MINISTRATOBS, §§ 9, 16. 
 
 Larceny by abstracting money or other prop- 
 erty from letter given one to mail. 47 
 L.R.A.(N.S.) 852. 
 
 Presumption as to receipt of letter sent 
 through mail. 49 L.R.A.(N.S.) 458. 
 
 Time and place of consummation of contract 
 when offer by letter is accepted by tele- 
 gram or vice versa. L.R.A.1916A, 1302. 
 
 LEVEES. 
 
 Right to compensation for property taken 
 or damaged in construction of. L.R.A 
 1916F, 1187. 
 
 LEVY AND SEIZURE. 
 
 /. In general, § 1. 
 II. What property subject, §§ 8—7. 
 
 a. In general, §§ 2—5. 
 
 b. Property in custody of law, 
 
 §§ 6, 7. 
 III. Mode and sufjieiency, §§ S, 9. 
 IT. Rights, duties, and liabilities 
 growing out of levy, §§ 10—15. 
 T. Forthcoming bond, §16. 
 Begin with this booJe on every law question. 
 
 LEVY AND SEIZURE— coniU 
 
 I. In general, ' 
 
 g 1. Generally. 
 
 Sale of property levied on, see Judicial 
 
 Sale. 
 Levy of assessment, see Taxes, IV. 
 
 //. What property subject, 
 a. In general. 
 
 § 2. Generally. 
 
 What property exempt from levy, see Ex- 
 emptions, §§ 4-8. 
 Property subject to garnishment, see Gab- 
 
 NISHMENT, II. C. 
 
 Foreign railroad car. L.R.A. 1915D, 838. 
 Right of purchaser of, or creditors levying 
 on goods sold for cash but delivered 
 without payment. 47 L.R.A. (N.S.) 
 173. 
 Levy under execution against tenant on 
 fixtures placed by him on premises un- 
 der agreement for right of removal. 
 L.R.A.1915E, 829. 
 Interest of vendee under an executory con- 
 tract for the purchase of real prop- 
 erty as subject of lien of judg- 
 ment, execution, or attachment 
 against him. L.R.A.1915B, 340. 
 Judgment and execution. L.R.A.1915B, 
 340. 
 Part payment. L.R.A.1915B, 342 
 Full payment. L.RA.1915B, 345. 
 Oral contract. L.E.A.1915B, 348. 
 Option. L.R.A.1915B, 349. 
 Effect of rescission or assignment. 
 L.R.A.1915B, 349. 
 Attachment. L.R.A.1915B, 351. 
 
 b. Property in custody of law. 
 
 § 6. Generally. 
 
 Attachment of proceeds of execution sale 
 in the hands of the sheriff. 43 L.R.A. 
 (N. S.) 571. 
 
 Seizure of property of individual under 
 judgment purporting to be against a 
 corporation, upon theory that there 
 was no such corporation. 45 L.E.A. 
 (N.S.) 189. 
 
 III. Mode and sufficiency. 
 
 § 8. Generally. 
 
 Estoppel by giving forthcoming bond to 
 question legality of levy under execu- 
 tion. 51 L.R.A.(N.S.) 635. 
 
 SuflSciency of levy upon, and custody of, 
 property in car or other vehicle of com- 
 mon carrier. L.R.A.1915F, 1184. 
 
 IT. Rights, duties, and liabilities grow- 
 ing out of levy. 
 
 §10. Generally. 
 
 Measure of damages for wrongful levy, sea 
 Damages, § 55. 
 
INDEX TO NOTES. 
 
 371 
 
 LEVY AND SEIZURE, IV.— cont'd. 
 
 Admissibility of declarations of defendant 
 in execution or attachment proceedings 
 made while in possession against his 
 own interest and in favor of ownership 
 of claimant of property. 49 L.R.A. 
 (N.S.) 702. 
 
 Assault in resisting seizure of property un- 
 der process. L.R.A.1916B, 957. 
 
 § 11. Iiiability of officer issuing writ. 
 
 Liability of judicial officer for issuing at- 
 tachment. 44 L.R.A.(N.S.) 172. 
 
 § 12. Duty and liability of officer 
 making levy. 
 
 Liability of officer levying writ on tenant's 
 goods or chattels for use of leased prem- 
 ises. 43 L.R.A.(N.S.) 528. 
 Liability of officer for destruction of, or 
 
 damage to, property seized under 
 
 writ or process. E.R.A.1915A, 193. 
 Where property is wrongfully seized or 
 
 held. L.R.A.1915A, 197. 
 Effect of owners' negligence. L.R.A. 
 
 1915A, 197. 
 Form of action. L.R.A.1915A, 197. 
 
 § 15. Iioss of priority. 
 
 Priority as between true owner and exe- 
 cution creditors of one in whose name 
 he has placed stock on the books of 
 the corporation. 49 L.R.A. (N.S.) 
 1159. 
 
 Waiver of lien of chattel mortgage by exe- 
 cution. 51 L.R.A.(N.S.) 1068. 
 
 F. Forthcoming bond. 
 
 § 16. Generally. 
 
 Estoppel by giving forthcoming bond to 
 question legality of levy under an 
 execution. 51 L.R.A. (N.S.) 635. 
 
 Effect of bond or receipt given to secure 
 surrender of property by officer as an 
 estoppel after it has been returned to 
 officer. L.R.A.1916F, 942. 
 
 IiEWDNESS. 
 
 Actionability of charge of, see Libel and 
 
 Slandeb, § 12. 
 See also Adulteet; Disobdeely Houses; 
 
 FoBNicATiON; Illicit Cohabitation; 
 
 Incest; PEOSTtTunoN ; Seduction. 
 
 #«» 
 
 LEX FORI. 
 
 See Conflict op Laws. 
 
 < « » 
 
 LEX rOCI CONTRACTUS. 
 
 See Conflict of Laws. 
 
 Consult also Z.B.A. Digests to date. 
 
 LEX LOCI SOLUTIONIS. 
 
 See Conflict of Laws. 
 
 •-•-♦ 
 
 LIBEL AND SLANDER. 
 
 7. In general, § 1. 
 II. Who liable, §§ 3-S. 
 
 a. In general, § 2. 
 
 b. Responsibility for libel or 
 
 slander by another, §§ 3—5. 
 III. What actionable, §§ 6—38. 
 
 a. In general, §§ 6—9. 
 
 b. Charging lewdness, bad char- 
 
 acter, crime, etc., §§ 10—13. 
 
 c. Injury in business or profes- 
 
 sional relations, §§ 14^30. 
 
 d. Words about officials or candi- 
 
 dates; as to campaign funds, 
 § 21. 
 . e. Privileged communications, 
 §§ 22-30. 
 1. In general, §§.22, 23. 
 3. In judicial proceedings, 
 §§ 28-30. 
 g. Publication, §§ 32, 33. 
 IV. Actions; defenses; justification, 
 
 §§ 34:-4:4:. 
 
 a. In general, § 34. 
 
 b. Who may recover, §§ 35, 36. 
 
 c. Defenses; justification, §§ 37— 
 
 39. 
 
 d. Pleading; evidence; province 
 
 of jury, §§ 4:0-4:4:. 
 V. Criminal responsibility, § 45. 
 
 I. In general, 
 
 § 1. Generally. 
 
 Damages for, see Damages, §§ 9, 16b, 56. 
 As to right of privacy, see Peivact. 
 
 Right of action for, as asset in bankruptcy. 
 
 - 43 L.R.A.(N.S.) 942. 
 Testamentary libels. 49 L.R.A. (N.S.) 897. 
 Omitting libelous passages "from pro- 
 bate. 49 L.R.A.(N.S.) 898. 
 
 II. Who liable. 
 
 a. In general, 
 
 g 2. Generally. 
 
 Intoxication of defendant as affecting lia- 
 bility for libel or slander. 51 L.R.A. 
 (N.S.) 1198. 
 
 b. Responsibility for libel or slander 
 by another. 
 
 § 3. Generally. 
 
 Master's liability for slander by servant, 
 see Masteb and Servant, § 174. 
 
 Liability of one who procures defamatory 
 testimony to be given. 4 B. R. C. 980. 
 
 g 5. Liability of bnsband and \rite 
 for xrife's libel or slander. 
 
 Effect of married woman's acts on husband's 
 liability. L.R.A.1915A, 491. 
 
372 
 
 INDEX TO NOTES. 
 
 LIBEL AND SLANDER— cont'd. 
 III. What actionable, 
 a. In general. 
 
 § 6. Generally. 
 
 Liability for refusing sacraments. L.R.A. 
 
 1916D, 374. 
 Comment upon public production as libel. 
 
 3 B. R. C. 503. 
 Defamation of occupants of house by im- 
 puting to it c. disorderly character. 
 48 L.R.A.(N.S.).256. 
 Impugning claim or good faith of claimant. 
 
 L.R.A.1915E, 275. 
 Libel and slander: where "sting'' is due to 
 race or religious prejudices or 
 antagonisms. L.R.A.1916E, 679. 
 Racial prejudices or antagonisms. 
 L.R.A.1916E, 679. 
 Statements that one is a negro. 
 
 L.R.A.1916E, 679. 
 Statements charging sexual inter- 
 ' course with negroes. L.R.A. 
 1916E, 679. 
 Statements charging association 
 with negroes. L.R.A.1916E, 
 680. 
 Religious prejudices or antagonisms. 
 
 L.R.A.1916E, 680. 
 Early English cases. L.R.A.1916E, 682. 
 Statement that one is a witch. 
 L.R.A.1916E, 682. 
 
 § 7. Publication of photograph. 
 
 Right of action for use of photograph or 
 name for advertising purposes. L.R.A. 
 1915C, 839. 
 
 § 9. Charging one with having negro 
 blood. 
 
 Stating that a white person is a negro or of 
 negro blood. L.R.A.1916E, 679. 
 
 Z>. Charging lewdness, iad character, 
 crime, etc. 
 
 § 11. Crime. 
 
 Privilege of informal communication with 
 respect to criminal charge. L.R.A. 
 1915E, 413. 
 
 § 12. TJnchastity. 
 
 Slander and libel in charging woman with 
 unchastity. 48 L.R.A. (N.S.) 615. 
 Slander. 48 .L.R.A. (N.S.) 615. 
 
 Common law and statute. 48 
 
 L.R.A.(N.S.) 615. 
 Charging plaintiflF withs keeping a 
 bawdy house. 48 L.R.A. (N.S.) 
 616. 
 Particular expressions as imput- 
 ing want of unchastity. 48 
 L.R.A.(N.S.) 616. 
 Privileged communications. 48 
 L.R.A.(N.S.) 617. 
 LibeL 48 L.R.A. (N.S.) 618. 
 Criminal prosecutions. 48 L.R.A. 
 (N.S.) 618. ■ 
 
 Begin with this hoolc on every law question. 
 
 LIBEL AND SLANDER, III. \s— cont'd. 
 Charging sexual intercourse with negroes. 
 L.R.A.1916B, 679. 
 
 c. Injury in Imsiness or professional 
 relations. 
 
 § 14. Generally. 
 
 Disparaging quality of goods sold or manu- 
 factured. 48 L.R.A.(N.S.) 12J4. 
 Rules and principles. 48 L.R.A. (N.S. )■ 
 
 1214. 
 Illustrative cases. 48 L.R.A.(N.S.)' 
 1215. 
 Dealers in foodstuils. 48 L.R.A.- 
 
 (N.S.) ]216. 
 Words in disparagement of rival's- 
 goods. 48 L.R.A.(N.S.) 1217. 
 Words to maintain character of 
 own goods. 48 L.R.A. (N.S.) 
 1220. 
 Literary criticisms. 48 L.R.A„ 
 (N.S.) 1221. 
 Insinuation of misconduct by teacher with 
 
 pupils. 49 L.R.A.(N.S.) 1033. 
 Truth as defense to civil action for libel or 
 slander injurious to business. 50" 
 L.RA.(N.S.) 1043. 
 
 § 15. Criticism. 
 
 Criticism of writings. 48 L.R.A. (N.S.)- 
 
 1221. 
 Comment upon public production as libel.- 
 
 3 B. R. C. 503. 
 
 § 16. Charges affecting financial! 
 standing. 
 
 Measure of damages for libel or slander re- 
 flecting on integrity or responsibility of 
 merchant. 44 L.R.A. (N.S.) 351. 
 
 Stating that one has been sued or judgment 
 recovered against him. 51 L.R.A. 
 (N.S.) 894. 
 
 Is imputation of insolvency against lawyer 
 actionable per se. 3 B. R. C. 61. 
 
 Charging one with refusal to pay his debts. 
 L.R.A.1915E, 455. 
 
 § 17. — by mercantile agency. 
 
 Stating that one has been sued or judg- 
 ment recovered against him. 51 L.RA. 
 
 (N.S.) 894. 
 
 d. Words about officials or candidates; 
 as to catnpaign funds. 
 
 § 21. Generally. 
 
 Imputing misconduct to judicial officer or 
 
 juror. L.R.A.1915D, 578. 
 Judge. L.R.A.1915D, 579. 
 
 Libel. L.R.A.1915D, 579. 
 
 Slander. L.R.A.1915D, 581. 
 Justice of peace. L.R.A.1915D, 581. 
 
 Libel. L.R.A.1915D, 581. 
 
 Slander. L.R.A.1915D, 584. 
 Juror. L.R.A.1915D, 586. 
 
 Libel. L.R.A.1915D, 586. 
 
 Slander. L.R.A.1915D, 587. 
 
INDEX TO NOTES. 
 
 373 
 
 LIBEL AND SLANDER, III.'— cont'd. 
 e. Privileged convmMnications, 
 1. In general. 
 
 § 22. Generally. ' 
 
 Civil liability of persona who join in a 
 petition addressed to public authorities. 
 L.R.A.1916D, 394. 
 Limitations of privilege of "fair comment" 
 on matters of public interest. 3 
 B. E. C. 473. 
 Statements of fact. 3 B. E. C. 475. 
 
 False statements. 3 B. E. C. 475. 
 Tersonal attacks. 3 B. R. 0. 483. 
 
 Charges of crime. 3 B. R. C. 485. 
 Imputations of improper motives. 
 3 B. R. C. 486. 
 Effect of malice. 3 B. R. C. 487. 
 Privilege in cliargin^ woman with unchasti- 
 
 ty. 48 L.R.A.(N.S.) 617. 
 Privilege in impugning claim or good faith 
 
 ■ of claimant. L.E.A.1915E, 278. 
 Privilege of communications to relative of 
 person defamed. L.R.A.1915A, 572. 
 Communications concerning child, 
 made to parent. L.R.A.1915A, 
 573. 
 Communications to one spouse concern- 
 ing the other. L.R.A.1935A, 574. 
 Communications to relatives other than 
 parent or spouse. L.R.A.1915A, 
 575. 
 Privilege as to communications made in re- 
 sponse to inquiries by person defamed. 
 46 L.R.A.(N.S.) 104. 
 Privilege of communications concerning one 
 who had made statements derogatory 
 to a public officer or a candidate for 
 office. 43 L.R.A.(N.S.) 323. 
 
 § 23. Frivilege as affected by extent 
 of publication. 
 
 Privilege as affected by extent of publica- 
 tion. L.R.A.1915E, 131. 
 
 8. In judicial pi'oceedings. 
 
 § 28. Generally. 
 
 Libel or slander by judicial officer or juror. 
 L.R.A.1915E, 1051. 
 
 Judges, etc. L.R.A.1915E, 1051. 
 
 Jurors. L.R.A.1915E, 1055. 
 Privilege of informal communication with 
 
 respect to criminal charge. L.R.A. 
 
 1915E, 413. 
 Privilege of defamatory statement made by 
 
 one attorney concerning another in 
 
 course of judicial proceedings. L.R.A. 
 
 1916E, 782. 
 
 § 29. Words in pleadings. 
 
 Is the publication of pleadings or other 
 papers before any hearing has been had 
 thereon privileged. 52 L.E.A. (N.S.) 
 207. 
 
 § 30. Words nsed by vritness. 
 
 Privilege of witness with respect to de- 
 famatory testimony. 4 B. E. C. 
 945. 
 ■Consult also L.R.A. Digests to date. 
 
 LIBEL AND SLANDEE, III. e, S— cont'd. 
 The privilege generally. 4 B. R. C. 
 946. 
 American views. 4 B. R. C. 949. 
 English decisions. 4 B. R. C. 954. 
 Quebec decisions. 4 B. R. C. 958. 
 Effect of falsehood and malice. 4 
 
 B.'R. C. 959. 
 Gratuitous defamation punishable 
 as contempt. 4 B. R. C. 959. 
 Jurisdiction of court as condition of 
 
 privilege. 4 B. R. C. 960. 
 Relevancy of defamatory statements. 
 4 B. R. C. 960. 
 Effect of action of trial court. 4 
 
 B. R. C. 961. 
 Answers to questions. 4 B. R. C. 
 
 961. 
 Particular instances. 4 B. R. C. 
 963. 
 Extent of privilege. 4 B. R. C. 966. 
 Nature of tribunal or proceeding. 
 
 4 B. R. C. 966. 
 Testimony impeaching another 
 
 witness. 4 B. R. C. 968. 
 Statements defamatory of stran- 
 ger to proceeding. 4 B. R. C. 
 969. 
 As affected by unnecessary harsh- 
 ness of statement. 4 B. R. C. 
 969. 
 Affidavits. 4 B. R. C. 969. 
 Statements made out of court. 4 
 B. R. C. 970. 
 Presumptions and burden of proof. 4 
 
 B. R. C. 971. 
 Questions for court or jury. 4 B. R. C. 
 972. 
 Privilege as to defamatory statements in 
 testimony or affidavits to be used 
 in progress of case. L.R.A.1915C, 
 986. 
 General rules; relevant statements; 
 absolute privilege. L.R.A.1915C, 
 987. 
 Irrelevant statements; qualified privi- 
 lege. L.R.A.1915C, 988. 
 Showing of relevancy required. L.R.A. 
 191 5C, 988. 
 Necessity for alleging irrelevancy. 
 L.R.A.1915C, 989. 
 Facts illustrating privilege. L.R.A. 
 1915C, 990. 
 
 g. Ptiblication. 
 
 § 32. Generally. 
 
 Privilege as affected by extent of publica- 
 tion. L.R.A.1915E, 131. 
 
 IT. Actions; defenses; justification, 
 a. In general. 
 
 § 34. Generally. 
 
 Measure of damages for, see Damages, 
 §§ 9, 16b, 56. 
 
 Validity of statutory provision for attor- 
 ney's fee. L.R.A.1915E, 948. 
 
 Right to open default as affected by char- 
 acter of defense. L.R.A.1916F, 855. 
 
374 
 
 INDEX TO NOTES. 
 
 LIBEL AND SLANDER, IV. n— cont'd. 
 
 Publication in different editions or publica- 
 tions as distinct causes of action. 
 L.E.A.1916A, 1077. 
 
 Survival of cause of action and abatement, 
 and revival of action for libel and 
 slander upon death of party. 52 
 L.E.A.(N.S.) 1215. 
 
 6. Who may recover, 
 
 § 35. Generally. 
 
 Libel or slander of one person as ground of 
 action by another. 45 L.E.A. 
 {N.S.) 766. 
 Husband and wife. 45 L.R.A.(N.S.) 
 
 767. 
 Parent and child. 45 L.R.A.(N.S.) 
 769. 
 Defamation of unnamed person. 48 L.E.A. 
 (N.S.) 355. 
 Right to recover as affected by fact 
 that plaintiff was not named. 
 48 L.R.A.(N.S.) 356. 
 Certainty of imputation. 48 
 L.R.A.(N.S.) 358. 
 Matters relating to pleading. 48 
 L.R.A.(N.S.) 361. 
 Application of defamatory state- 
 ments to plaintiff. 48 
 L.R.A.(N.S.) 361. 
 Effect of statutory provisions. 
 48 L.R.A.(N.S.) 362. 
 Effect of defendant's plea of priv- 
 ilege, or in justification. 48 
 L.E.A.(N.S.) 363. 
 Matters relating to evidence. 48 
 L.R.A.(N.S.) 363. 
 Admissibility generally. 48 L.E.A. 
 
 (N.S.) 363. 
 Opinions of witnesses as to iden- 
 tity of person referred to. 48 
 L.R.A.(N.S.) 364. 
 Sufficiency of evidence to estab- 
 lish identity. 48 L.R.A. 
 (N.S.) 369. 
 Application of the defamatory state- 
 ment to plaintiff as question for 
 court or jury. 48 L.R.A. (N.S.) 
 373. 
 Defamation of occupants of house by im- 
 puting to it a disorderly character. 
 48 L.R.A.(N.S.) 256. 
 
 o. Defenses; justification. 
 
 § 37. Generally. 
 
 Right to open default as affected by char- 
 acter of defense. L.R.A.1916F, 855. 
 
 Mistake as to identity of person libeled or 
 slandered. 47 L.R.A. (N.S.) 240. 
 
 Intoxication of defendant as defense to 
 liability for libel or slander. 51 L.R.A. 
 (N.S.) 1199. 
 
 § 38. Truth as defense. 
 
 In general. 50 L.R.A. (N.S.) 1040. 
 Character and sufficiency of proof. 
 L.R.A.(N.S.) 1041. 
 
 50 
 
 LIBEL AJSTD SLANDER, IV. c— cont'd. 
 Pleading and proving. 50 L.R.A. (N.S.) 
 1042. 
 General charge. 50 L.R.A. (N.S.) 1042. 
 Specific. 50 L.R.A.(N.S.) 1042. 
 Effect of innuendo. 50 L.E.A. (N.S.) 
 1043. 
 Illustrative cases. 50 L.E.A.(N.S.) 1043. 
 
 d. Pleading; evidence; province of 
 jury. 
 
 § 40. Pleading. 
 
 Pleading in action for defamation of un- 
 named person. 48 L.E.A. (N.S.) 
 361. 
 Application of defamatory, statements 
 to plaintiff. 48 L.E.A.(N.S.) 361. 
 Effect of statutory provisions. 48 
 
 L.R.A.(N.S.) 362. 
 Effect of defendant's plea of privilege, 
 or in justification. 48 L.R.A. 
 (N.S.) 363. 
 Pleading truth as defense. 50 L.R.A. (N.S.) 
 1042. 
 
 § 41. Evidence. 
 
 Sufficiency of evidence, see Evidence, § 314. 
 
 Admissibility of evidence in action for 
 defamation of unnamed person. 48 
 L.R.A.(N.S.) 363. 
 
 Opinions of witnesses as to identity of per- 
 son referred to. 48 L.R.A.(N.S.) 364. 
 
 Proof of truth set up as defense. 50 
 L.R.A.(N.S.) 1041. 
 
 § 42. — presumption and burden of 
 proof. 
 
 As to privilege of witness with respect to 
 defamatory testimony. 4 B. R. C. 945. 
 
 g 44. Province of jury. 
 
 See Trial, § 38. 
 
 V. Criminal responsibility, 
 
 g 45. Generally. 
 
 Cruel and unusual punishment for. L.R.A. 
 1915C, 570. 
 
 Master's liability for libel by servant. 43 
 L.R.A.(N.S.) 37. 
 
 Prosecution for criminal slander in imput- 
 ing want of chastity to woman. 48 
 L.R.A.(N.S.) 618. 
 
 Venue of offense of libel. 49 L.R.A. (N.S.) 
 941. 
 
 UBERAL CONSTRUCTION. 
 
 Of statutes, see Statutes, § 26. 
 
 LIBERTY. 
 
 Begin with tliis iooTe on every law question. 
 
 Constitutional restraint on, see CoNSTlTn- 
 
 TioNAL Law, VIII. 
 As to imprisonment, see Imprisonment. 
 
INDEX TO NOTES. 
 
 375 
 
 riBRARY. 
 
 Diversion of property donated for public 
 library to other uses. 45 L.E.A. (N.S.) 
 368. 
 
 LICENSE. 
 
 I. From, private persons, §§ 1—11. 
 a. In general, §§ 1—9. 
 it. Revocation; forfeiture, §§ 10, 
 11. 
 II, From public; of right to do busi- 
 ness, §§ 12—4:9. 
 
 a. In general, §§ 12—16. 
 6. Revocation, §§ 17, IS. 
 
 c. On what business, occupation, 
 
 etc., §§ 19-4:5. 
 
 d. Vniformiti/ and equality; dis- 
 
 crim-ination, §§ 46, 46a. 
 
 e. Amount; grading of fee, §§ 
 
 4:7-49. 
 
 I. From private persons, 
 a. In general. 
 
 § I. Generally. 
 
 License to discharge water, snow, or ice 
 from roof upon premises of adjoining 
 owner. L.R.A.1916A, 696. 
 
 Effect of license to cut timber to pass title 
 to the same. 47 L.R.A.(N.S.) 877. 
 
 § Z, What constitutes. 
 
 Theater ticket as license. 43 L.R.A.(N.S.) 
 
 961. 
 Ticket to place of amusement as. L.R.A. 
 
 1916E, 253. 
 
 § 3. To nse patent or patented arti- 
 cle. 
 
 Right to sell, after expiration of license, 
 articles manufactured under license 
 from patentee. 43 L.R.A.(N.S.) 142. 
 
 Right of licensee to make alterations in 
 patented article. 3 B. R. C. 337. 
 
 § 9. IiiaBility for injury to licensee. 
 
 Liability for injury to, generally, see Neg- 
 ligence, §§ 20-23a. 
 On railroad track, see Railroads, VII. 
 
 Liability of lessor for injuries to. Ij.R.A. 
 1916F, 1132. 
 
 6. Revocation; forfeiture. 
 
 § 11. After licensee has incurred ex- 
 pense. 
 
 Compensation upon revocation of license 
 with respect to real property. 44 
 L.R.A.fN.S.) 557. 
 
 Where there has been considera.tion. 
 44 L.R.A.(N.S.) 558. 
 
 Gratuitous licenses. 44 L.R.A.(N'.S.) 
 565. 
 
 Right of licensee to remove his prop- 
 erty. 44 L.R.A.(N.S.) 568. 
 Consult also L.R.A.. Digests to date. 
 
 LICENSE— cow*U 
 
 //. From, public; of right to do busi- 
 ness. 
 
 a. In general. 
 
 §12. Generally. 
 
 Constitutional power to regulate business 
 and occupation generally, see Consti- 
 tutional Law, VIII. i, 2. 
 
 For sale of liquors, see Intoxicating Liq- 
 troBS, III. 
 
 Municipal control of business generally, see 
 Municipal Coepobations, §§ 42-50. 
 
 Recovery back of license fee paid, see As- 
 sumpsit, § 9. 
 
 §15. Effect of failure to procure or 
 pay for license. 
 
 Validity of contract by unlicensed person, 
 
 see CONTBACTS, § 74. 
 Failure of physician to procure license, 
 
 see Physicians and Subgeons, § 9. 
 
 Operating automobiles on highway without 
 license. 52 L.R.A.fN.S.) 801; L.R.A. 
 1916D, 628; L.R.A.1916E, 1225. 
 
 § 16. —liability of agent or em- 
 ployee. 
 
 Liability of agent or employee in case li- 
 cense tax is not paid by employer. 
 L.R.A.1915A, 106. 
 
 b. Revocation. 
 
 § 17. Generally. 
 
 License of foreign corporation, see Coepo- 
 bations, § 141. 
 
 Of physician's license, see Phtsicians and 
 Surgeons, § 10. 
 
 Of license for operation of jitney bus. 
 L.R.A.1916B, 1158. 
 
 c. On what business, occupation, etc. 
 
 § 19. Generally. 
 
 Of broker, see Bbokers, § 7. 
 
 Of dentist, see Dentists. 
 
 For sale of intoxicating liquors, see Intox- 
 icating Liquors, III. 
 
 To physician, see Physicians and Sur- 
 geons, §§ 8-10. 
 
 License tax on purchasers of tax titles. 4T 
 L.R.A.(N.S.) 1078. 
 
 § 22. Automobiles. 
 
 Operating automobiles on highway without 
 license. 52 L.R.A.(N.S.) 801; L.R.A. 
 1915D, 628; L.R.A.1916E, 1225. 
 Validity of excise or license tax upon au- 
 tomobiles. 52 L.R.A.(N.S.) 949; 
 L.R.A.1915D, 322. 
 Legislative acts. 52 L.R.A. (N.S.) 950. 
 Discrimination; classification. 52 
 L.R.A.{N.S.) 950. 
 Excepting horse-drawn vehi- 
 cles. 52 L.R.A.{N.S.) 
 951. 
 Excepting ambulances, fire 
 and police apparatus. 52 
 L.R.A.(N.S.) 951. 
 
376 
 
 INDEX TO NOTES. 
 
 LICENSE, II. a— cont'd. 
 
 Excepting road rollers ; thresh- 
 ing engines. 52 L.E.A. 
 (N.S.) 951. 
 Excepting street cars. 52 
 
 L.E.A.(N.S.) 9oi. 
 Excepting motor cycles and bi- 
 cycles. 52 L.R.A.(JN.S.) 
 951. 
 Discrimination as to nonresi- 
 dents. 52 L.R.A.(N.S.) 
 951. 
 Placing dealers in separate 
 class. 52 L.R.A.(N.S.) 
 951. 
 Placing vehicles for hire in 
 separate class. 52 L.R.A. 
 (N.S.) 952. 
 Gradation; rating; horse power. 
 
 52L.R.A.(N.S.) 952. 
 Double taxation. 52 L.R.A. (N.S.) 
 
 953. 
 As affected by amount of tax or 
 disposition of proceeds. 52 
 L.R.A.(N.S.) 953. 
 Sufficiency of title. 52 L.E.A. 
 
 (N.S.) 956. 
 Local or special. 52 L.R.A. (N.S.) 
 
 957. 
 Miscellaneous. 52 L.R.A. (N.S.) 
 957. 
 Municipal ordinances. 52 L.R.A. (N.S.) 
 957. 
 As affected by state regulation. 52 
 
 L.R.A.(N.S.) 958. 
 As aifected by amount of tax or 
 disposition of proceeds. 52 
 L.E.A.(N.S.) 959. 
 Discrimination ; classification. 52 
 L.R.A.(N.S.) 959. 
 
 § 22b. Boarding houses. 
 
 See infra, § 30a. 
 
 ^ 23. Dance hall; dancing. 
 
 Requiring license for dance hall or place 
 where dancing is taught. 51 L.E.A. 
 (N.S.) 1009. 
 
 § 24a. Draymen. 
 
 See infra, § 43. 
 
 § 241i. Druggists. 
 
 See Drugs and Druggists, 
 
 § 3. 
 
 § 26. Employment agencies. 
 
 Police power to license employment 
 agencies. L.E.A.1916E, 1150. 
 
 § 27. Ferries. 
 
 To establish ferry. L.E.A. 1916D, 832. 
 
 Power of state or municipality to impose 
 license tax on international or inter- 
 state ferries. 52 L.E.A.(N.S.) 574. 
 
 § 29. Foreign corporations. 
 
 Withdrawal or attempted withdrawal of 
 foreign corporations as affecting power 
 of state to exact a privilege tax. 
 L.E.A.1916G, 577. 
 
 LICENSE, II. c— cont'd. 
 § 29a. Hotels. 
 
 See infra, § 30a. 
 
 § 30a. Innkeepers, hotels, boarding 
 or lodging houses, or restaurants. 
 
 See also Innkeepers, § 2. 
 
 Power to impose, generally. L.E.A. 1915B, 
 1097. 
 
 Vesting power in board or in commis- 
 sioners. L.E.A.1915B, 1100. 
 
 Effect of imposition of other tax. L.E.A. 
 1915B, 1100. 
 
 Eeasouableness and classification. L.R.A. 
 1915B, 1100. 
 
 Violation- of provision against special or 
 local laws. L.E.A.191.5;;, 1101. 
 
 § 30b. Jitney buses. 
 
 License fee as occupation tax. 
 1915F, 842. 
 
 L.R.A. 
 
 § 32. Iioaus; loan brokers. 
 
 Validity of contract by unlicensed money 
 lender. L.R.A.1915B, 851. 
 
 § 32a. Iiodging houses. 
 
 See supra, § 30a. 
 
 § 35. Peddlers and hawkers. 
 
 Who is a peddler or hawker. L.E.A.1916B, 
 1293. 
 
 § 38. Plumbers. 
 
 Who must procure plumbers' license. 
 
 L.E.A.(N.S.) 1072. 
 Constitutionality of statute 
 
 plumber to secure license. 
 
 (N.S.) 421. 
 
 § 39a. Restaurants. 
 
 See supra, § 30a. 
 
 44 
 
 requiring 
 50 L.RA 
 
 g 40a. Tax brokers. 
 
 License tax on tax brokers. 
 (N.S.) 1078. 
 
 47 L.R.A. 
 
 Begin with this T)OoTc on every la^v question. 
 
 § 42. Trading stamps. 
 
 Eight to impose license tax r,n use of trad- 
 ing stamps. 49 L.E.A (N.S.) 1123. 
 
 § 43. Vehicles. 
 
 On automobiles, see supra, § 22. 
 On jitney buses, see supra, § 30b. 
 
 Of draymen, eartmen, etc. 45 L.E.A. (N.S.) 
 1152. 
 
 d. Uniformity and equality; discritni. 
 nation. 
 
 § 46. Generally. 
 
 As to licenses for sale of intoxicating li- 
 quors, see Intoxicating Liquors, III. 
 In taxes generally, see Taxes, §§ 8, 9. 
 
 Discrimination in license tax on draymen. 
 45 L.R.A.(N.S.) 1158. 
 
 Discrimination in license tax on automo- 
 biles. 52 L.E.A.(N.S.) 950, 959. 
 
 In case of license to keep inn, hotel, board- 
 ing or lodging house or restaurant. 
 L.E.A.1915B, 1100. ■ 
 
INDEX TO NOTES. 
 
 377 
 
 IIOENSEj U.— cont'd. 
 
 e. Amount; grading of fee, 
 
 § 47. Amount generally. 
 
 Validity of license fee exacted of auction- 
 eers as affected by amount. '51 L.R.A. 
 ^ (N.S.) 40. 
 
 Validity of license tax upon automobiles 
 as affected by amount. 52 L.R.A. 
 (N.S.) 953, 959. 
 
 Of license to keep inn, hotel, boarding or 
 lodging house or restaurant. L.R.A. 
 1915B, 1100. 
 
 § 49. Grading of fee. 
 
 Graduated license tax on automobiles. 52 
 L.R.A.(N.S.) 952. 
 
 Right to grade license tax according to vol- 
 ume of business or amount of capital 
 employed. 49 L.R.A. (N.S.) 955. 
 
 LICENSEE. 
 
 In general, see License, I. 
 Liability for injury to, see License, § 9. 
 Municipal liability for acts of, see Munici- 
 pal Corporations, § 85. 
 
 LIENS. 
 
 /. In general, §§ 1—4:. 
 II. Equitable liens, §§ 5—7. 
 III. For and on xvhat, §§ 8—14:. 
 IV. Priorities, §§ 13-17. 
 V. Loss; waiver; discharge, §§ 18— 
 20. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Of execution, see Execution. 
 Subrogation to, see Subkogation, 
 Subrogation of person discharging, see 
 Subkogation, § 2. 
 
 Estoppel against asserting title or interest 
 in real property by deceiving one ac- 
 quiring lien. 48 L.R.A. (N.S.) 763. 
 
 Tenant's or cropper's abandonment of crop 
 as affecting rights of lienor. 46 L.R.A. 
 (N.S.) 56. 
 
 § 3. Effect of. 
 
 Of mortgage lien, see Mortgage, II. e. 
 Discrimination in taxation betvpeen credits 
 
 secured by lien and those not so 
 
 secured. L.R.A.1915A, 185. 
 
 § 4. Farchasing or otheririse taking 
 property subject to lien. 
 
 Right of receiver to take property from 
 person claiming lien. 47 L.R.A. (N.S.) 
 753. 
 
 Right of a vendee of real estate which is 
 subject to a lien to raise the question 
 of usury. 48 L.R.A. (N.S.) 840. 
 Consult also L.R.A. Digests to date. 
 
 LIENS— cont'd 
 
 II. Equitable liens. 
 
 § 6. Hoir created. 
 
 Agreement for support in consideration of 
 conveyance as basis for equitable lien. 
 43 L.R.A.(N.S.) 929. 
 
 ///. For and on what. 
 
 § 8. Generally, 
 
 Equitable lien, see supra, II. 
 
 Of attachment, see Attachment, §§ 7, 8. 
 
 Of attorney, see Attorneys, § 22. 
 
 In bankruptcy, see Bankruptcy, § 31. 
 
 Of bank, on deposit, see Banks, § 21. 
 
 Of chattel mortgage, see Chattel Mort- 
 gage. 
 
 Of judgment, see Judgment, IV. 
 
 Of landlord, see Lasdiord and Tenant, 
 V. b. 
 
 Maritime liens, see Maritime Liens. 
 
 Mechanics' liens, see Mechanics' Liens. 
 
 Of mortgage, see Mortgage. 
 
 For purchase money, see Sale, § 20; Ven- 
 dor AND Purchaser, §§ 30-35. 
 
 Of seamen for wages, see Seamen, § 2. 
 
 Tax lien, see Taxes, V. 
 
 Vendors' liens, see Vendor and Purchaser, 
 III. 
 
 Damages for failure to provide crossing as 
 required in deed to railroad of right 
 of way as lien upon right of way. 48 
 L.R.A.(N.S.) 389. 
 
 Lien of one other than innkeeper or boards 
 ing house keeper who rents rooms or 
 apartments. L.R,A.1915F, 665. 
 
 § 9. Of or against bank. 
 
 Of bank, on deposit, see Banks, § 21. 
 
 Right of purchaser of a draft from a bank 
 to lien or preference to collateral in 
 hands of drawee upon insolvency of 
 
 ' the drawer. L.R.A.1915B, 438. 
 
 §11. For repairs and improvements. 
 
 Right to lien for repairs or other services 
 under contract with purchaser under 
 conditional sale. L.R.A.1915D, 1141. 
 
 § 12. — for public improvements. 
 
 Of local improvements generally, see Pub- 
 lic Improvements, § 13a. 
 
 § 14. For keeping animals. 
 
 Priority of lien for, see infra, § 17. 
 
 IV. Priorities. 
 
 g 15. Generally. 
 
 Of chattel mortgage lien, see Chattel 
 Mortgage, § 27. 
 
 Of mortgage lien generally, see Mortgage, 
 III. 
 
 Of tax over other liens, see Taxes, § 89. 
 
 Of vendor's lien, see Vendor and Purchas- 
 er, § 32. 
 
 Priority of lien for services on personal 
 property over prior chattel mort- 
 gage. L.R.A.1915D, 1149. 
 
378 
 
 INDEX TO NOTES. 
 
 MENS, IV.— cont'd. 
 
 Common-law lien. L.R.A.1915D, 1150. 
 
 Services procured by authority of 
 
 mortgagee. L.R.A.1915D, 1151. 
 
 Statutory lien. L.R.A.1915D, 1152. 
 
 Expressly subject to prior liens. 
 
 L.II.A.1915D, 1152. 
 Expressly superior to other liens. 
 
 L.R.A.1915D, 1153. 
 Priority not declared by statute. 
 L.R.A.1915D, 1154. 
 Lien of producer. L.R.A. 
 1915D, 1156. 
 Antedating lease as affecting priority of 
 landlord's lien. L.R.A.1916F, 450. 
 
 ^ 17. For keeping animals. 
 
 Priority as between lien of chattel mort- 
 gage and claim of one taking animals 
 damage feasant. L.R.A.1916E, 528. 
 
 V. Loss; waiver; discharge. 
 
 § 18. Generally. 
 
 Of mechanic's lien, see Mechanics' Liens, 
 
 VII. 
 Of mortgage, see Moktgage, VI. 
 
 Estoppel to assert lien on real property by 
 concealing the same or representing 
 title to be in another. 48 L.R.A. (N.S.) 
 762, 764. 
 
 Right of lienor to proceeds where property 
 is sold with his consent under agree- 
 ment that proceeds shall be applied 
 toward payment of the debt. L.R.A. 
 1915C, 166". 
 
 § 19. By attachment or esecution. 
 
 Lien of chattel mortgage, 51 L.R.A. (N.S.) 
 1068. 
 
 LIEUTENANT GOVERNOR. 
 
 Pardon by. 47 L.E.A.(N.S.) 1036. 
 
 MEUTENAWT OF POLICE. 
 
 Voluntariness of confession made to. 
 L.R.A.(N.S.) 1088. 
 
 50 
 
 LIFE ESTATE. 
 
 See Life Tenants. 
 
 LIFE INSURANCE. 
 
 See INSTJEANC*;. 
 
 Begin with this iooTe on every law question. 
 
 LIFE TENANT. 
 
 /. In general, § 1. 
 II. Possession, enjoyment, and use o 
 property, §§ 2—7. 
 III. Duties and liabilities, §§ S—10. 
 
 I. In general, 
 
 § 1. Generally. 
 
 Estates created by deed, see Deeds, III. f 
 As to quantum of estate under a devise, sei 
 Wills, V. j, 3. 
 
 Effect on personal liability of trustee foi 
 losses to trust estate from investment 
 of consent of beneficiary for life. 44 
 L.R.A.(N.S.) 988. 
 Basis and method of computing value oj 
 life estate for purpose of successior 
 tax. 46 L.R.A.(N.S.) 714. 
 Effect of confiscation of an estate tail foi 
 treason on rights of innocent remain 
 derman. L.R.A.1916E, 345. 
 Effect of purchase of tax title by remainder- 
 man in expectancy. L.R.A.1915E, 
 
 344. 
 Rights acquired against life tenant, 
 
 L.R.A.1915E, 344. 
 Eights acquired against coremainder- 
 
 man. L.R.A.1915E, 345. 
 Right of fee owner to compensation for 
 improvements made by taker entering 
 by license of life tenant before con 
 demnation and without fee owner's con- 
 sent. L.R.A.1916P, 989. 
 Rights of action in case of damages to re 
 
 mainder or reversion by stranger, 
 
 L.R.A.1916A, 792. 
 Fee owner against third party. L.E.A, 
 
 1916A, 793. 
 Fee owner against tenant. L.R.A, 
 
 1916A, 799. 
 Tenant against third party. L.E.A, 
 
 1916A, 805. 
 Miscellaneous. L.R.A. 1916A, Sll. 
 
 II. Possession, enjoyment, and use o/ 
 property. 
 
 § 2. Generally. 
 
 Eights as between life tenant and remain- 
 derman to an increase in the value 
 of the estate. L.R.A.1915C, 846. 
 Personal property. L.R.A.1915C, 847, 
 Live stock; slaves. L.R.A.1915C, 
 
 849. 
 Corporate stock. L.R.A.1915C, 851, 
 Increase resulting from with- 
 holding earnings. L.E.A, 
 1915C, 851. 
 Increase resulting from near- 
 ness of dividend-paying 
 period. L.E.A.1915G, 852, 
 Bonds. L.R.A.1915C, 853. 
 Real estate. L.R.A.1915C, 854. 
 
 § 6. Corporate stocks and bonds; 
 dividends. 
 
 Eights as to increase in value of corporatt 
 stock and bonds. L.E.A.1915C, 
 851, 853. 
 
INDEX TO NOTES. 
 
 379 
 
 JLIFE TENANT, II.— cojifd. 
 Eights as between life tenant and remain- 
 derman in dividends or distribu- 
 tions by corporation. 50 L.E..A. 
 (N.S.) 510; L.E.A.1916D, 211. 
 Intention of testator or creator of the 
 trust. 50 L.R.A.(N.S.) 510; 
 L.R.A.1916D, 212. 
 Opposing rules, generally. 50 L.R.A. 
 (N.S.) 510; L.II.A.1916D, 212. 
 Apportionment witli respect to 
 time. 50 L.R.A. (N.S.) 510; 
 L.R.A.1916D, 212. 
 Regular cash dividends. 50 L.R.A. 
 
 (N.S.) 514; L.R.A.1916D, 214. 
 Extraordinary cash dividend. 50 
 L.R.A.(N.S.) 514; L.R.A.1916D, 
 214. 
 Stock dividend. 50 L.R.A. (N.S.) 515; 
 
 . L.R.A.1916D, 215. 
 Stock rights. 50 L.R.A. (N.S.) 517; 
 
 L.R.A.1916r), 216. 
 Distributions representing capital. 50 
 L.R.A. (N.S.) 517; L.R.A.1916D, 
 217. 
 Earnings previously invested to im- 
 provements. 50 L.R.A. (N.S.) 519. 
 Stock of other corporation. 50 L.R.A. 
 
 (N.S.) 520. 
 Liquidation; merger. L.R.A.1916D, 
 
 218. 
 Distributions in form of certificates, or 
 bonds of declaring corporation, or 
 stock of another corporation. 
 L.R.A.1916D, 219. 
 Preferred stock. L.R.Aa916D, 219. 
 
 III. Duties and liabilities. 
 
 § 8. Generally. 
 
 Liability of tenant to fee ovpner in case of 
 damages to remainder or reversion by 
 stranger. L.R.A.1916A, 805. 
 
 LIFTING JACK. 
 
 Master's liability for injury by defects in. 
 51 L.R.A.(N.S.) 339. 
 
 LIGHT, 
 
 Electric lights, see Electeio Lights. 
 Gas as light, see Gas. 
 Lighting of streets and bridges, see High- 
 ways, § 54. 
 Municipal lighting plant, see Municipal 
 
 COEPOEATIONS, § 69. 
 
 As to headlights, see Headlights. 
 
 Effect of failure to display proper lights 
 on liability for injuries resulting from 
 collision of automobile and horse, or 
 fright of horse by automobile. 48 
 L.R.A.(N.S.) 964. 
 
 Effect of failure to show lights on liability 
 for collision between automobiles, or 
 an automobile and another vehicle, at 
 or near corner of streets or highways. 
 L.R.A.1916A, 749. 
 Consult also L.R.A. Digests to date. 
 
 UQ'ET— cont'd. 
 
 Liability of one maintaining place of amuse- 
 ment for injury to patron because of 
 lack of light. L.R.A.1915r, 700. 
 
 Duty of operator of automobile as to. 51 
 L.R.A.(N.S.) 996. 
 
 LIGHTING COMPANIES. 
 
 See also Electric Lights. 
 Valuation of property of, see Public Serv- 
 ice COBPOEATIONS, § 5. 
 
 Compensation to be paid to lighting com- 
 pany upon taking its plant. 47 L.R.A. 
 
 (N.S.) 772. 
 
 LIGHTNING. 
 
 Recovery under workmen's compensation 
 act for injury by. L.R.A.1916A, 347. 
 
 LIGHTNING RODS. 
 
 Lightning rod contracts as contracts of in- 
 surance. 47 L.R.A.(N.S.) 300. 
 
 LIMITATION OF ACTIONS. 
 
 /. Limitation in general, §§ 1—18. 
 
 a. In general, §§ 1—S. 
 
 b. Equitable remedies; laches, 
 
 §§ 6-13. 
 
 c. Effect of bar; other remedies, 
 
 §§ 13, 14:. 
 
 d. By and against whom avail- 
 
 able, §§ 15-17. 
 
 e. To what claims applicable, 
 
 § IS. 
 II. When statute runs, §§ 19—4:7. 
 
 a. In general, §§ 19—21. 
 
 b. Contracts; mortgages; ac- 
 
 counts; collections, §§ 32— 
 32. 
 
 c. Corporations ; stockholders, §§ 
 
 33, 34. 
 
 d. Actions based on torts, negli- 
 
 gence, fraud, trust, mistaVe 
 or usury; crimes, §§ 35—3sb. 
 
 e. Suits relating to real property ; 
 
 tax sales, §§ 39—43. 
 h. Absence; nonresidence, § 46. 
 i. Disabilities, § 47. 
 III. Period of limitation; when action 
 
 barred, §§ 48—59. 
 a. In general, § 48. 
 
 d. Suits relating to real property, 
 
 §§ 55-57. ■ 
 
 e. Decedents' estates, § 58. 
 
 f. Miscellaneous, § 59. 
 
 IT. Interruption of statute; removal of 
 bar, §§ 60-71. 
 
 a. In general, §§ 60—62. 
 
 b. By suit, §§ 63, 64. 
 
380 
 
 INDEX TO NOTES. 
 
 LIMITATION OF ACTIONS, IV.— cont'd. 
 
 c. Payment, §§ 65—67. 
 
 d. New promise or aclenowledg- 
 
 ment, §§ 68-71. 
 
 I. Limitation in general, 
 a. In general. 
 
 § 1. Generally, 
 
 Limitation of time to present claim or 
 
 commence action against carrier, see 
 
 Oaeeiees, § 133. 
 Conflict of laws as to, see Conflict of 
 
 Laws, § 43. 
 Easements acquired by prescription, see 
 
 Easements. 
 
 Necessity for alleging that action for death 
 is within the statutory period. L.K.A. 
 1915E, 1192. 
 
 Right to open default judgment to let in 
 defense of limitations. L.E.A.1916F, 
 856. 
 
 Effect of limitations on right to contribu- 
 tion of cotenant claiming adversely. 
 L.E..A.1915B, 975. 
 
 Duty of debtor to account for statute-barred 
 debt before participating in estate of 
 creditor. 4 B. E. C. 718. 
 
 ft. Equitable remedies; laches. 
 
 § 6. Generally. 
 
 Presumption of payment from lapse of 
 time, see Evidence, § 106. 
 
 Lapse of time as bar to confirmation of 
 judicial sale. 43 L.E.A.(N.S.) 630. 
 
 Suit to compel guardian to account, or to 
 recover on his bond. 47 L.R.A. (N.S.) 
 451. 
 
 Delay of carrier in seeking to recover diflfer- 
 ence between rate charged shipper and 
 proper rate. 49 L.R.A. (N.S.) 100. 
 
 Effect of delay on right to procure a dec- 
 laration that a written instrument im- 
 porting on its face a complete transfer 
 of title was intended to operate as a 
 mortgage. L.R.A.1916B, 597. 
 
 Effect of laches of complainant on right to 
 injunction against nuisance. L.R.A. 
 1916C, 1270. 
 
 Laches in seeking to avoid settlement be- 
 tween guardian and ward out of court. 
 L.R.A.1916E, 869. 
 
 Effect of laches on right of benevolent, fra- 
 ternal or social order to protection 
 against use of name, insignia, ritual, 
 etc., by another organization. L.RA. 
 1915B, 1078. 
 
 § 8. As to corporations and corporate 
 stock. 
 
 Laches of assignee in having stock trans- 
 ferred on books of corporation as affect- 
 ing liability of corporation which sub- 
 sequently makes unauthorized transfer 
 of stock. 45 L.R.A.{N.S.) 1090. 
 
 § 9. As to land. 
 
 Effect of laches on right of holder of tax 
 deed to corrected deed. 44 L.R.A. 
 (N.S.) 856. 
 
 Begin with, this ftooTc on every law question 
 
 LIlvnTATION OF ACTIONS, I. h— cont'd 
 § 11. Trusts. 
 
 Suit to compel guardian to account, or ti 
 recover on his bond. 47 L.R.A. (N.S.J 
 451. 
 
 c. Effect of iar; other remedies. 
 
 §13. Generally. 
 
 Expiration of period for revival of dormani 
 judgment as bar to an action thereon 
 L.R.A.1916E, 738. 
 
 Bar of statute of limitations as ground foi 
 quieting title as against encumbrance, 
 L.R.A.1916B, 1220. 
 
 Effect of bar of creditor's right of action 
 against surety on his right to be subro- 
 gated to security held by surety. 
 L.H.A.1916C, 1083. 
 
 Effect of running of limitations on right to 
 have written instrimient importing an 
 absolute transfer of title declared a 
 mortgage. L.R.A.1916B, 598. 
 
 Equitable proceeding to set aside release of 
 claim for personal injuries for mistake 
 where right to recover for injury is 
 barred by limitations. L.R.A.1916B, 
 786. 
 
 Right of action by administrator when ac- 
 tion to recover for personal injuries 
 was barred at the time of the injured 
 person's death. L.R.A.1915E, 1178. 
 
 d. By and against whom, availahle. 
 
 § 15. Generally. 
 
 As to adverse possession, see Adveesb 
 Possession. 
 
 Statute of limitations as a defense to rev- 
 ocation of physician's or attorney's 
 license. L.R.A.1915D, 1218. 
 Right of foreign corporation to. avail itself 
 of statute of limitations. L.R.A. 
 1915C, 544. 
 In general. L.R.A.1915C, 544. 
 Theory that corporation can be present 
 nowhere outside of state where 
 originally incorporated. L.R.A. 
 1915C, 545. 
 Theory that corporation is present 
 wherever it can be legally served 
 with process. L.R.A.1915C, 547. 
 Effect of failure to comply with statu- 
 tory requirements. L.R.A. 
 1915C, 551. 
 Where the narrow theorv has been 
 
 adopted. L.E.A.1915C, 551. 
 Where the broad theory has been 
 adopted. L.R.A.1915C, 552. 
 In actions for possession of real estate. 
 L.R.A.1915C, 553. 
 
 §16. State or United States. 
 
 Applicability of statute of limitations to- 
 actions by agencies of state. 
 L.R.A.1916E, 96. 
 Counties. L.R.A.1916E, 97. 
 
 Adverse possession. L.R.A.1916E,. 
 
 97. 
 Actions against county officers. 
 
 L.R.A.1916E, 97. 
 Various L.R.A.1916E, 98. 
 
INDEX TO NOTES. 
 
 381 
 
 LIMITATION OF ACTIONS, I. A— cont'd. 
 School property. L.R.A.1916E, 98. 
 Towns. L.R.A.1916E, 99. 
 Various. L.R.A.1916E, 99. 
 Miscellaneous. L.R.A.1916E, 100. 
 
 e. To what claims applicable. 
 
 § 18. Generally. 
 
 Claims by or against whom, see supra, I. d. 
 
 Applicability of statute to action to en- 
 force liability of directors under stat- 
 utes purporting to make them liable 
 for contracting debts in excess of a 
 fixed limit. L.R.A.1915D, 105O. 
 
 II. When statute runs, 
 a. In general, 
 
 % 19. Generally. 
 
 When right of action accrues, see Action 
 
 OB Suit, § 7. 
 Limitation of action to enforce judgment, 
 
 see Judgment, § 86. 
 
 6. Contracts; mortgages; accounts; 
 collections. 
 
 § 22. Contracts generally. 
 
 When action barred, see infra, § 49. 
 
 When does statute begin to run against an 
 action for breach of warranty of 
 chattels. L.R.A.1916r, 812. 
 
 In general; warranty of quality and 
 efficiency. L.R.A.1916F, 812. 
 
 Warranty of title. L.R.A.1916F, 818. 
 
 § 23. Negotiable instruments. 
 
 Effect of acceleration provision in mort- 
 gage or note to start statute of limita- 
 tions running. 51 L.R.A. (N.S.) 151. 
 
 § 27. Insurance. 
 
 Limit9,tion by contract of time to sue 
 on policy, see Insueance, §§ 207, 208. 
 
 § 28. Mortgages. 
 
 Removal of bar as to, see infra, §§ 65-67. 
 
 Effect of acceleration provision in mortgage 
 or note to start statute of limitations 
 running. 51 L.R.A. (N.S.) 151. 
 
 § 31. Action for money collected. 
 
 When statute of limitations begins to run 
 against attorney for negligence or mis- 
 conduct in performance of professional 
 duties. 51 L.R.A. (N.S.) 279. 
 
 c. Corporations; stockholders. 
 
 § 33. Generally. 
 
 Effect of laches, see supra, § 8. 
 
 When statute begins to run against en- 
 forcement of liability of directors un- 
 der statutes purporting to make them 
 liable for contracting debts in excess 
 of a fixed limit. L.R.A.1915D, 1051. 
 Consult also L.B.A. Digests to date. 
 
 LIMITATION OF ACTIONS, U.— cont'd. 
 
 d. Actions hased on torts, negligence, 
 fraud, trust, mistalee or usury; 
 crimes. 
 
 § 35. Torts, negligence. 
 
 Torts affecting property, see infra, § 40. 
 
 Pendency of appeal or error as affecting 
 running of statute of limitations 
 against an action for malicious prose- 
 cution. 43 L.R.A.(N.S.) 611. 
 When statute begins to run against action 
 by private person, based on breach 
 of duty by public officer. 52 L.R.A. 
 (N.S.) 701. 
 Breaches of duty in execution. 52 
 
 L.R.A.(N.S.) 704. 
 Breaches of duty in attachments. 52 
 
 L.R.A.(N.S.) 707. 
 Taking invalid or insufficient bonds, 
 
 etc. 52 L.R.A. (N.S.) 709. 
 Judicial sales, etc. 52 L.R.A. (N.S.) 
 
 710. 
 Breaches of duty by recording officers. 
 
 52 L.R.A.(N.S.) 711. 
 Various other breaches of duty. 52 
 
 L.R.A. (N.S.) 711. 
 Miscellaneous. 52 L.R.A.(N.S.) 713. 
 When statute begins to run against action 
 to hold notary or other officer liable 
 for negligence or fraud in certifying to 
 acknowledgment or affidavit. 49 L.R.A. 
 (N.S.) 56. 
 When statute of limitations begins to run 
 against attorney for negligence or 
 misconduct in performance of pro- 
 fessional duties, 51 L.R.A. (N.S.) 
 279. 
 When limitations begin to run in favor of 
 abstractor of titles. L.R.A.1916D, 827. 
 Action for negligence or misconduct in 
 performance of professional duties. 
 51 L.R.A.(N.S.) 279. 
 Action to recover money collected by 
 attorney. 51 L.R.A.(N.S.) 280. 
 
 § 36. Fraud. 
 
 When statute begins to run against action 
 by private person based on breach" of 
 duty by public officer involving fraud. 
 52 L.R.A.(N.S.) 705. 
 
 § 37. Trusts. 
 
 Effect of laches, see supra, § 11. 
 
 Limitation of actions or suits to compel 
 guardian to account, or to recover on 
 his bond. 47 L.R.A. (N.S.) 451. 
 
 e. Suits relating to real property; tax 
 sales. 
 
 § 40. For injury to land; nuisances. 
 
 When cause of action for continuing nui- 
 sance arises. L.R.A.1916E, 999. 
 
 § 43. Tax sales. 
 
 Effect of laches, see supra, § 9. 
 When action barred, see infra, § 57. 
 
382 
 
 INDEX TO NOTES. 
 
 LIMITATION OF ACTIONS, II. e— cont'd. 
 
 Construction and effect of statute of limita- 
 tions in case of substitute conveyance 
 of land sold for taxes. 44 L.E.A.(N.S.) 
 857. 
 
 it. Absence; nonresidence. 
 
 § 46. Generally. 
 
 What constitutes residence out of the state 
 within the meaning of the statute. 47 
 L.Il.A.(N.S.) 309. 
 
 Absence from state as affecting running of 
 statute against judgment. 51 L.B..A. 
 (N.S.I 883. 
 
 i. Disabilities, 
 
 § 47. Generally. " 
 
 Interruption of statute of limitations by in- 
 fancy of one succeeding to original own- 
 er's interest. ' 3 B. R. C. 741. 
 Mental incapacity as affecting running of 
 statute of limitations. 51 L.R.A. 
 (N.S.) 834. 
 Degree of incapacity which will sus- 
 pend statute. 51 L.R.A.(N.S.) 
 835. 
 Disability arising after accrual of cause 
 
 of action. 51 L.R.A. (N.S.) 836. 
 Period of suspension. 51 L.R.A. (N.S.) 
 836. 
 
 III. Period of limitation; when ax:tion 
 barred. 
 
 a. In general. 
 
 § 48. Generally. 
 
 Effect of bar of one remedy on right to 
 other remedy, see supra, § 13. 
 
 Presumption of payment from lapse of time, 
 see Evidence, § 106. 
 
 Limitation of actions to enforce judgment, 
 see Judgment, § 86. 
 
 When action at law to compel guardian to 
 account, or to recover on his bond, is 
 • barred. 47 L.R.A. (N.S.) 451. 
 
 Applicability of general provision giving 
 additional time for bringing new action 
 after failure of a previous suit, to 
 cause of action created by a statute 
 which prescribes a special limitation 
 period. 51 L.R.A.(N.S.) 721. 
 
 d. Suits relating to real property. 
 
 § 57. Taxes; tas sales. 
 
 Effect of laches, see supra, § 9. 
 When statute runs, see supra, § 43. 
 
 Statutory limitation of time for relief 
 against tax deed as affecting right 
 to set up invalidity of tax title as 
 a defense. 46 L.R.A.(N.S.) 1065. 
 
 When the patent title holder is in pos- 
 session. 46 L.R.A.(N.S.) 1066. 
 
 Where tax title holder has actual or 
 constructive possession. 46 L.R.A. 
 (N.S.) 1068. 
 
 Begin with, this booTc on every law question. 
 
 LIMITATION OP ACTIONS, III.— cont'd. 
 e. Decedents' estates. 
 
 §58. Generally. 
 
 Waiver or tolling of statute by personal 
 representative, see infra, § 62a. 
 
 f. Miscellaneotis, 
 
 § 59. Generally. 
 
 Time within which action must be brought 
 under Federal employers' liability act. 
 47 L.R.A.(N.S.) 78. 
 
 Action by carrier to recover difference be- 
 tween rate charged shipper and proper 
 rate. 49 L.R.A. (N.S.) 100. 
 
 IV. Interruption of statute; retnoval of 
 bar. 
 
 a. In general, 
 
 § 60. Generally. 
 
 What will prevent or delay running of limi- 
 tations on stipulated time for com- 
 mencing suit on insurance policy. 48 
 L.R.A.(N.S.) 906. 
 
 Interruption of statute of limitations by 
 infancy of one succeeding to original 
 owner's interest. 3 B. R. C. 741. 
 
 Suspension by bankruptcy proceedings. 
 L.R.A.1915B, 1221. 
 
 § 62a. Waiver or tolling of statute 
 by personal representative. 
 
 Waiver or tolling of the statute of limita- 
 tions or nonclaim by personal rep- 
 resentative as to an indebtedness 
 of the estate. L.R.A.1915B, 1016. 
 General statute of limitations. L.E.A. 
 1915B, 1019. 
 In general. L.R.A.1915B, 1019. 
 In absence of statute. L.R.A. 
 1915B, 1019. 
 Rule allowing waiver. 
 
 L.R.A.1915B, 1019. 
 Rule denying right to 
 waive. L.R.A.1915B, 
 1024. 
 Rule restricting denial 
 of right to waive to 
 debts barred at death 
 of debtor. L.R.A. 
 1915B, 1027. 
 Rule allowing tolling 
 only. L.R.A.1915B, 
 1030. 
 Under statute. L.R.A.1915B, 
 1033. 
 Statutes denying right 
 to waive. 1915B, 
 1033. 
 Statutes allowing waiver. 
 
 L.R.A.1915B, 1036. 
 Suspension statutes. 
 L.R.A.1915B, 1036. 
 Unjust claims. L.R.A.1915B, 1037. 
 Individual claims of executor or 
 administrator. L.B.A 
 
 1915B, 1037. 
 
nSTDEX TO XOTES. 
 
 383 
 
 LIMITATION OF ACTIONS, IV. a,— cont'd. 
 Eule denying right to waive. 
 
 L.R.A.1915B, 1037. 
 Rule allowing waiver. L.EA. 
 1915B, 1038. 
 Joint executors. L.E.A.1915B, 
 1039. 
 Eule denying right of one to 
 waive. L.E.A.1915B, 1039. 
 Eule allowing one to waive. 
 L.E.A.1915B, 1039. 
 Executors de son tort. L.E.A. 
 
 1915B, 1040. 
 Effect of directions in will. li.E.A. 
 1915B, 1041. 
 Short or nonclaim statutes. L.E.A. 
 191 5B, 1042. 
 Eule denying right to waive. 
 
 L.R.A.1915B, 1042. 
 Instances where waiver allowed. 
 L.E.A.1915B, 1043. 
 Acts constituting waiver. L.E.A.1915B, 
 1044. 
 Acknowledgment or new promise. 
 L.E.A.1915B, 1044. 
 Necessity that acknowledg- 
 ment or new promise be 
 voluntary, distinct, and 
 unambiguous. L.E.A. 
 
 1915B, 1044. 
 Sufficiency of conditional ac- 
 knowledgment or new 
 promise. L.E.A.1915B, 
 
 1045. 
 Necessity for both acknowl- 
 edgment and new promise. 
 L.E.A.1915B, 1045. 
 Necessity for writing. L.E.A. 
 
 19-15B, 1046. 
 To whom acknowledgment or 
 new promise may be made. 
 L.R.A.1915B, 1047. 
 Pa.yment. L.E.A.1915B, 1047. 
 Part payment. L.E.A.1915B, 1048. 
 Failure to plead statute. L.E.A 
 
 1915B, 1048. 
 Statement of account. L.E.A 
 
 1915B, 1048. 
 Agreement. L.E.A.1915B, 1049. 
 Confession of judgment. L.E.A, 
 1915B, 1049. 
 Effect of waiver. L.E.A.1915B, 1049. 
 Successor or other executor or ad- 
 ministrator. L.E.A.1915B, 
 1049. 
 Joint obligors. L.E.A.1915B, 1049. 
 Bona fide purchasers. L.E.A. 
 
 1915B, 1049. 
 General creditors. L.E.A.1915B, 
 
 1049. 
 Heirs and devisees. L.E.A.1915B, 
 
 1049. 
 Personal liability of representa- 
 tive. L.E.A.1915B, 1051. 
 Proof of claim. L.E.A.1915B, 1052. 
 
 2). By suit. 
 
 § 63. Generally. 
 
 Quashing summons or setting aside service 
 thereof as affecting statute of limita- 
 tions. 45 L.E.A. (N.S.) 7.56. 
 Consult also L.B.A. Digests to date 
 
 LIMITATION OF ACTIONS, IV. h— cont'd. 
 
 Pending of suit by third person as sus- 
 pending the running of the statute of 
 limitation. 52 L.E.A. (N.S.) 1165. 
 
 § 64. Relation of new pleadings to 
 statute of limitations. 
 
 In general. 47 L.E.A. (N.S.) 932. 
 Illustrative cases. 47 L.E.A. (N.S.) 933. 
 
 Identity maintained. 47 L.E.A. (N.S.) 
 933. 
 
 Identity changed. 47 L.E.A. (N.S.) 937. 
 
 c. Payment. 
 
 § 65. Generally. 
 
 Eight to apply indebtedness owed by cred- 
 itor to debtor for purpose of tolling 
 statute. L.E.A.1915E, 794. 
 
 § 66. Effect on one person, of pay- 
 ment by another. 
 
 Effect of payment by personal representa- 
 tive to toll statute as to an indebted- 
 ness of the estate. L.E.A.1915B, 1047. 
 
 § 67. Application of proceeds of in- 
 voluntary sale. 
 
 Effect of application to indebtedness of pro- 
 ceeds of sale of collateral security, up- 
 on running of statute of limitations. 
 L.E.A.1916A, 734. 
 
 d. New promise or acknowledgment. 
 
 § 69. To TPhom must be made. 
 
 To whom acknowledgment or new promise 
 by personal representative may be, made 
 so as to toll or waive statute as to in- 
 debtedness of the estate. L.E.A.1915B, 
 1047. 
 
 g 70. Sufiaciency of. 
 
 New promise accompanied by request to 
 know if creditor is satisfied. 43 L.E.A. 
 (N.S.) 535. 
 
 § 71. Effect on one person, of ac- 
 knowledgment or promise by 
 another. 
 
 Effect of acknowledgment or new promise 
 by personal representative to toll stat- 
 ute as to an indebtedness of the estate. 
 L.E.A.1915B, 1044. 
 
 LIMITATION OF LIABILITY. 
 
 By carrier, see Cabriers, §§ 28, 29, 91, 128- 
 
 135. 
 Of ship owner, see Shipping, § 20. 
 Of telegraph company, see Telegraphs, § 
 
 20. 
 
 Effect of statute limiting innkeeper's lia- 
 bility for goods not delivered into his 
 custody. 51 L.E.A. (N.S.) 1168. 
 
 How far does limitation of liability in pol- 
 icy of indemnity insurance against li- 
 ability for injuries to employees and 
 others include expenses of litigation. 
 43 L.E.A. (N.S.) 1128. 
 
384 
 
 INDEX TO NOTES. 
 
 LIMITATION OVER. 
 
 See Wills, § 93. 
 
 ■ » « » 
 
 LINE FENCE. 
 
 See Fences. 
 
 LINEMEN. 
 
 In general, see Elbcteicitt, III. 
 Master's liability for injury to, see Mastee 
 AND Sbbvant, § 86. 
 
 LION. 
 
 Liability for injury by. 52 L.R.A.(]Sr.S.) 
 378. 
 
 •-•-♦ 
 
 LIQUIDATED DEMANDS. 
 
 See Damages, §§ 38-40. 
 
 4 ■ » 
 
 LIQUOR. 
 
 See Intoxicating Liquors, 
 ♦ » » 
 
 LIQUOR LICENSE. 
 
 See Intoxicating Liquors, III. 
 
 ♦-•-♦ 
 
 LIS PENDENS. 
 
 § 1. Generally. 
 
 Abatement by pendency of action, see 
 Abatement and Revival, § 5. 
 
 Substitute conveyances pendente lite. 44 
 L.R.A.(N.S.) 859. 
 
 § 4. Purchase pending suit. 
 
 Invoking theory of lis pendens in case of 
 transfer of property in violation of re- 
 straining order. 80 L.R.A.(N.S.) 873. 
 
 LISTENING. 
 
 At railroad crossing, see Eaileoads, §§ 83, 
 84. 
 
 LITERARY AND ARTISTIC 
 PROPERTY. 
 
 Copyright on, see Copyright. 
 Literary critcism as libel, see Libel and 
 Slander, § 15 
 
 LITERARY AND ARTISTIC PROPERT'! 
 
 — cont'd. 
 Common-lavr rights of authors and other 
 
 in intellectual productions. 43 L.R..^ 
 
 (N.S.) 639. 
 
 LITIGATION. 
 
 Use of public funds to pay expenses ir 
 curred by officer or citizen in litigatioi 
 L.R.A.1916D, 92. 
 
 < « » 
 
 LITIGIOUS RIGHTS. 
 
 Purchase or sale of. L.R.A.1916E, 72. 
 
 < ■ » 
 
 LITTORAL OWNERS. 
 
 See Waters, II. 
 
 LIVERY STABLE. 
 
 § 1. Generally. 
 
 Validity of agreement in restraint of trad 
 ancillary to sale of business as affecta 
 by its territorial scope. L.R.A.1916C 
 630. 
 
 § 2. Use of property for. 
 
 As nuisance. 49 L.R.A.(N.S.) 958. 
 
 § 3. Hiring of horses. 
 
 Implied or apparent authority of agent o 
 employee to bind principal for horsi 
 hire. L.R.A.1916B, 755. 
 
 LIVE STOCK. 
 
 In general, see Animals. 
 Transportation of, see Carriers, §§ 124- 
 127. 
 
 Cattle yards on railroad right of way a 
 separate subjects of taxation. L.R.A 
 1916E, 416. 
 
 LIVING PERSON. 
 
 Validity of acts of executor or administra 
 tor under letters testamentary or of ad 
 ministration vphere person is subse 
 quently proved to be living. 43 L.E.i 
 (N.S.) 634. 
 
 LOADING CARS. 
 
 Begin with, this iooTc on every law question. 
 
 As railroad hazard within statute chang 
 ing fellow-servant rule. 47 L.'R.A 
 (N.S.) 115. 
 
INDEX TO NOTES. 
 
 385 
 
 rOAN. 
 
 § 1. Generally. 
 
 To member of building and loan association, 
 see Building and Loan Associations. 
 
 Secured by mortgage, see Chattel Mort- 
 gage ; MOBTGAGE. 
 
 Interest on, see Inteeest. 
 
 License on business of making, see License, 
 
 ■§ 32. 
 •Of credit, constitutional provision as to, see 
 Public Monet, § 4. 
 
 Usury on, see Usury. 
 
 Distinction between bailment and loan of 
 money. L.R.A.191<)F, 92. 
 
 Loan of intoxicating liquor as a sale. L.R.A. 
 1915C, 648. 
 
 Xiending money to competitor of covenantee 
 as breach of covenant not to engage in 
 business. L.E.A.1915B, 1204. 
 
 •Conflict of laws as to loan agreements in in- 
 surance contracts. 52 L.E.A. (N.S.) 
 281. 
 
 Liability of husband for repayment of 
 money loaned to wife to purchase nec- 
 essaries. 47 L.R.A.(N.S.) 283. 
 
 Action on contractor's bond for money 
 loaned. 43 L.R.A.(N.S.) 171. 
 
 Do loan contracts canceled upon death con- 
 stitute insurance. 47 L.E.A. (N.S.) 
 298. 
 
 Authority of one negotiating loan to collect 
 loan without possession of security. 
 L.E.A.1916B, 861. 
 
 § Z. Ratification of. 
 
 What will constitute an implied ratifica- 
 tion of an unauthorized loan effected 
 by an agent. 52 L.E.A. (N.S.) 571. 
 
 § 5. Breach of contract to make. 
 
 Damages recoverable for breach of contract 
 to lend money. L.E.A.1916F, 506. 
 
 LOAN ASSOCIATIONS. 
 
 See Building and Loan Associations. 
 
 LOAN BROKERS. 
 
 Xicense of, see License, § 32. 
 
 « » » 
 
 LOCAL IMPROVEMENTS. 
 
 See Public Improvements. 
 
 LOCAL LAW. 
 
 Effect in other state of judgment based on 
 local or peculiar law affecting the mer- 
 its of the cause of action or defense. 
 L.E.A.1915F, 984. 
 <7onsMlt also L.R.A. Digests to date. 
 
 43— '16F. 25 
 
 LOCAL OPTION. 
 
 See Intoxicating Liquors, § 8. 
 
 » ■ » 
 
 LOCAL SELF-GOVERNMENT. 
 
 In general, see Constitutional Law, § 21. 
 Of municipality, see Municipal Cobpoba- 
 tions, § 5. 
 
 <»» 
 
 LOCAL TAXATION. 
 
 See Public Improvements, IV. 
 
 • ♦<-♦ 
 
 LOCATION. 
 
 Of insured property, see Insurance, § 78. 
 Of public building, contract as to, see Pub- 
 lic Buildings, § 2. 
 
 Validity of public restrictions as to loca- 
 tion of mercantile business. 49 L.E.A. 
 (N.S.) 439. 
 
 LOCOMOTIVE. 
 
 Headlight on, see Headlights. 
 
 LODGE. 
 
 Waiver by ofScer of subordinate lodge of 
 forfeiture for nonpayment of assess- 
 ments. L.E.A.1915E, 152. 
 
 Liability of lessor of lodge room for per- 
 sonal injury to patron. L.E.A.19il6F, 
 1129. 
 
 LODGER. 
 
 Eight of, to notice to redeem from tax sale. 
 44 L.E.A. (N.S.) 676. 
 
 Eight of married woman to maintain ac- 
 tion for lodging of third person living 
 in the home. 46 L.E.A. (N.S.) 238. 
 
 Landlord's liability for injury to roomers 
 of tenant. L.E.A.1916F, 1089. 
 
 LODGE ROOM. 
 
 Liability of lessor for personal injuries to 
 patron. L.E.A.1916F, 1129. 
 
 LODGING HOUSES. 
 
 Power to require license to keep, see Li- 
 cense, § 30a. 
 
386 
 
 INDEX TO NOTES. 
 
 LODGING HOUSE— cojit'd. 
 
 Lien of one other than innkeeper or board- 
 ing house keeper, who rents rooms or 
 apartments. L.K.A.lQlaF, 665. 
 
 I.OGS AND LOGGING. 
 
 7. In general, §§ 1—8. 
 II. Driving, floating, or rafting logs, §§ 
 4.-10. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Title and right to stranded logs or timber. 
 
 43 L.Il.A.(N.S.) 460. 
 Loss of profits as element of damages for 
 
 wrongful destruction or conversion of 
 
 logs. 52 L.E.A.(N.S.) 97. 
 
 II, Driving, floating, or rafting logs. 
 
 § 5. Right to use stream for. 
 
 Eight of one who navigates stream or floats 
 logs therein to abate nuisance arising 
 from bridge. 51 L.E.A.(N.S.) 1172. 
 
 IiONG DISTANCE TEI£PHONE. 
 
 Eeasonableness of rule of telephone company 
 requiring subscriber to pay for all long 
 distance messages originating from his 
 telephone. L.R.A.1915E, 323. 
 
 rOOKING. 
 
 Before crossing railroad track, see Rail- 
 BOADS, §§ 83, 84. 
 
 LOOKOUT. 
 
 Duty of railroad company as to, generally, 
 see Eailkoads, § 56. 
 
 Eeciprocal duty of operator of automobile 
 and pedestrian as to. 51 L.R.A. (N.S.) 
 997. 
 
 Negligence of driver of horse encountering 
 automobile on highway in failing to 
 keep lookout in rear. 50 L.R.A. (N.S.) 
 567. 
 
 Duty to keep lookout for trackmen. L.K.A. 
 1916F, 564. 
 
 LOOSE LEAF SYSTEM OF AC- 
 COUNTS. 
 
 Admissibility in evidence. L.EA.1916B, 
 634 
 
 LOSS. 
 
 § 1. Generally. 
 
 Of property in possession of bailee, » 
 
 Bailment, §§ 5-10. 
 Of baggage, see Cabeibes, § 89. 
 Of goods by carrier, see Cakbiers, §§ 11 
 
 111. 
 Of profits, as element of damages, see Daj 
 
 AGES, III. u. 
 Of dower, see Doweb, I. b. 
 Of easement, see Easements, VIII. 
 Of homestead, see Homestead, III. 
 Of guest's property by innkeeper, see Ini 
 
 KEEPEES, §§ 7-9. 
 
 Of insured property, see Instjeance, VII 
 
 Of lien generally, see Liens, V. 
 
 Of mechanic's lien, see Mechanics' Lieni 
 
 VII. 
 Of time as element of damages, sec TiMi 
 
 § 10. 
 Liability for loss of. bank deposit throug 
 
 failure of bank, see Banks, § 16. 
 Notice of loss to carrier, see Caebiebs, § 131 
 Liability of connecting carrier, see Cabe 
 
 BBS, § 143. 
 By destruction of property, see Destew 
 
 TION, §§ 2, 3. 
 Finder of lost property, see Findeb. 
 Proximate cause of, see Peoximatb Causi 
 
 Of passenger's ticket, ejection because o 
 L.E.A.1916D, 1184. 
 
 LOSS OF PROFITS. 
 
 As element of damages, see Damages, II 
 u. 
 
 LOSS PAYABLE CLAUSE. 
 
 Effect on rights of mortgagee of breach t 
 policy by mortgagor under. L.E..^ 
 19150, 769. 
 
 Begin witJi this boolc on every law question. 
 
 LOST INSTRUMENTS. 
 
 § 2. Negotiable instrnments. 
 
 Jurisdiction, as between equity and la' 
 courts, of suits or actions on loi 
 negotiable instruments. 48 L.E.i 
 (N.S.) 648. 
 Ground and history of jurisdiction s 
 to both equity and law courts, i 
 L.E.A.{N.S.) 649. 
 Jurisdiction of equity courts. i 
 
 L.E.A.(N.S.) 650. 
 Jurisdiction of law courts. 48 L.K.J 
 (N.S.) 652. 
 The general rule. 48 L.E.A.(N.S, 
 652. 
 Cases repudiating the rul 
 
 48 L.E.A.(N.S.) 653. 
 Cases supporting the rule, i 
 L.R.A.(N.S.) 654. 
 
INDEX TO NOTES. 
 
 387 
 
 LOST INSTEUMENTS— cont'd. 
 
 Keatrictions upon the general rule 
 or exceptions thereto. 48 
 L.E.A.(N.S.) 655. 
 
 Other actions barred by stat- 
 ute of limitation. 48 
 L.R.A.(N.S.) 655. 
 
 Unindorsed paper. 48 L.E.A. 
 (N.S.) 655. 
 
 Overdue paper. 48 L.E.A. 
 (N.S.) 656. 
 
 Loss pending action. 48 
 L.E.A.(N.S.) 656. 
 
 Destroyed bill or note. 48 
 L.E.A.(N.S.) 656. 
 
 § 3. Wills. 
 
 Necessity and sufficiency of proof to ac- 
 count for nonproduction of will upon 
 application to probate it as a lost 
 or destroyed will. 50 L.E.A. (N.S.) 
 861. 
 
 § 4. Lost records. 
 
 Disposition of appeal where without fault 
 of appellant the record is lost. L.E.A. 
 1915B, 353. 
 
 ■« »» 
 
 LOST PAFEB. 
 
 See Lost Instbumenis, § 2. 
 
 « » » 
 
 LOST PROPERTY. 
 
 Finder of, see Findeb. 
 Larceny of, L.E.A.1916A, 468. 
 
 LUGGAGE. 
 
 See Bagqaqe. 
 
 LUMBER. 
 
 § 1. Generally. 
 
 8ee also Timbeb. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of lumber business as 
 affected by its territorial scope. L.E.A> 
 igi-eC, 630. 
 
 § 2. Injury by. 
 
 Doctrine of attractive nuisance as applied 
 to injury from. L.E.A.1915D. 163. 
 
 < . » 
 
 LUNATICS. 
 
 See Incompetent Pebsons. 
 # »» 
 
 LUNCHEON. 
 
 Duty of master in absence of statute to 
 furnish place to servants for eating 
 luncheon. 44 L.E.A. (N.S.) 1102. 
 
 LYNCHING. 
 
 LOTTERY. 
 
 § 1. Generally. 
 
 Conflict of laws as to lottery contracts, 
 CoNrucT or Laws, § 4. 
 
 Cruel and unusual punishment for. 
 1915C, 567. 
 
 L.E.A. 
 
 Argument of prosecuting attorney that an 
 acquittal would encourage lynch law 
 as ground for reversal. 61 L.E.A. 
 (N.S.) 914. 
 
 MACHINERY. 
 
 § 3. Crimes in connection iritb. 
 
 Conversion of lottery ticket as ground of 
 action. 45 L.R.A.(N.S.) 776. 
 
 § 4. AVhat constitutes. 
 
 What constitutes a lottery within the post- 
 office laws. 52 L.E.A.(N.S.) 108. 
 
 Gratuitous distribution of tokens entitling 
 holders of .certain numbers to prizes, as 
 a lottery. 3 B. E. C. 984. 
 
 LUBRICANTS. 
 
 Action on contractor's bond for cost of. 
 
 43 L.E.A.(N.S.) 167. MAGISTRATE. 
 
 •Mechanics' lien for lubricants consumed in 
 
 process of work. L.R.A.1915E, 987. See also Jitstice of the Peacb. 
 Consult also L.B.A. Digests to date. 
 
 § 1. Generally. 
 
 Exclusiveness of remedy for breach of war- 
 ranty provided in contract for sale of 
 machinery. 50 L.E.A. (N.S.) 753. 
 
 Action on contractor's bond for coat of 
 rental of. L.R.A.1915,F, 952. 
 
 Effect of buyer's use of machinery after 
 seller's refusal to accept it when ten- 
 dered in rescission of contract. L.Eji. 
 1916F, 481. 
 
 § Z. Injuries by. 
 
 Master's duty as to, see Mastbb and Sebv- 
 
 ANT, III. a, 6, b. 
 As attractive nuisance, see Negligence, S 
 
 23. 
 
 Unexplained starting of as evidence of neg- 
 ligence. 44 L.E.A.(N.S.) 1050. 
 
INDEX TO NOTES. 
 
 MAGISTRATE — cont'd. < MALICE— cont'd. 
 
 Liability to civil action for acts of judicial ' Necessity of malice to render judicii 
 ■ ■ -^ ^ ' ■" " • ■ oiEcer liable to civil action for acts ( 
 
 judicial nature. 44 L.R.A.(N.S.) 16! 
 
 nature. 44 L.R.A.(N.S.) 164. 
 » » » 
 
 MAIL. 
 
 See PosTOFPicE. 
 
 MAIL CARKIEB. 
 
 Liability of landlord of oflBce building for 
 injury to. L.R.A.1916E, 1120. 
 
 MAIMING. 
 
 See Mayhem. 
 
 MAINS. 
 
 In highway, see Highwats, §§ 22, 23. 
 Water mains generally, see Wateks, § 112. 
 
 MAINTENANCE. 
 
 See Champeett and Maintenancb. 
 
 » « » 
 
 MALICE. 
 
 § 1. Generally. 
 
 In inducing breach of contract, see Case, 
 
 §§ 3-5. 
 In procuring discharge of servant, see 
 
 Case, § 4. 
 Presumption and burden of proof as to, see 
 
 Evidence, § 43. 
 As affecting master's liability, see Masteb 
 
 AND Servant, § 176. 
 See also Motive. 
 
 § 3. Effect of. 
 
 As affecting master's liability, see Masteb 
 
 AND Servant, § 176. 
 Malicious erection of fence, see Fences, § 6. 
 
 Effect on damages for libel or slander re- 
 flecting on integrity or responsibility 
 of merchant. 44 L.R.A.(N.S.) 354. 
 
 Effect of, on liability of individual in ab- 
 sence of any element of conspiracy for 
 driving away another's customers. 
 L.R.A.1915B, 1180. 
 
 § 5. As element of cause of action or 
 offense. 
 
 As element of homicide, see Homicide, § 7. 
 As element of offense of mayhem or maim- 
 ing. L.R.A.1916E, 494. 
 
 As essential to an action for alienation of 
 affections in absence of meretricious 
 relations. 46 L.R.A.(N.S.) 465. 
 
 MALICIOUS ARREST. 
 
 Liability for, generally, see False Iw 
 
 PBISONMENT. 
 
 Liability of officer for making. L.R.A.1918E 
 505. 
 
 MALICIOUS FENCES. 
 
 See Fences, § 6. 
 
 ♦-•-• 
 
 MALICIOUS MISCHIEF. 
 
 Cruel and unusual punishment for. L.B.A 
 1915C, 570. 
 
 MALICIOUS PROSECUTION. 
 
 § 1. Generally. 
 
 Extent of recovery for, see Damages, § 54, 
 Master's liability for malicious prosecution 
 
 by servant, see Master and Servant, 
 
 § 173. 
 See also 'False Impbisonment. 
 
 Right of action for, as asset in bankruptcy. 
 
 43 L.R.A.(N.S.) 942. 
 Survival of cause of action and abatement 
 
 and revival of action for malicious 
 
 prosecution upon death of party. 52 
 
 L.R.A.(N.S.) 1215. 
 Effort to collect debt as extortion. L.R.A. 
 
 1915B, 1140. 
 For wrongfully suing out injunction. L.R.A. 
 
 1916E, 1284. 
 Settlement or compromise as affecting right 
 
 to maintain an action for malicious 
 
 prosecution. L.R.A.1915A, 601. 
 
 § 3. ViTho liable for. 
 
 Liability of principal for malicious prose- 
 cution by agent authorized to collect 
 debt. 51 L.R.A. (N.S.) 471. 
 
 Liability of officer for. L.R.A.1915B, 505 
 
 § 5. Malice. 
 
 Malice as essential element in action for 
 wrongfully suing out ,of injunction. 
 L.R.A.1916E, 1284. 
 
 § 6. Probable canse, generally. 
 
 Probable cause as question for court or jury. 
 
 L.R.A.1915D, 1. 
 Reversed conviction as evidence of probable 
 cause. L.R.A.1916F, 196. 
 Actions for the malicious prosecution 
 of criminal actions. L.R.A.1916F, 
 196. 
 
 Begin with this boolc on every law question. 
 
INDEX TO NOTES. 
 
 389 
 
 MALICIOUS PROSECUTION— cont'd. 
 
 Actions for the malicious prosecution 
 
 of civil actions. L.R.A.1916.F, 201. 
 
 Grounds of reversal. L.E.A.1916F, 203. 
 
 Probable cause as justification of oflBcer 
 
 making arrest. L.E.A.1915B, 506. 
 Want of, as essential element to right of 
 action for wrongfully suing out injunc- 
 tion. L.II.A.1916E, 1286. 
 Want of probable cause to believe the al- 
 leged ground of attachment as a 
 condition of an action for a wrong- 
 ful attachment. L.E.A.1915A, 541. 
 Where actual damages are sought. 
 L.E.A.1915A, 541. 
 Action independent of the bond, 
 
 L.R.A.1915A, 541. 
 Action on attachment bond. L.E.A. 
 1915A, 543. 
 Where exemplary damages are sought. 
 L.E.A.1915A, 543. 
 
 S 8. Advice of counsel. 
 
 Probable cause as question for court or jury 
 where advice of counsel has been 
 sought. L.E.A.1915D, 85. 
 
 § 9. Termination of prosecution. 
 
 Pendency of appeal or error as affecting 
 running of statute of limitations 
 against an action for malicious prose- 
 cution. 43 L.E.A.(N.S.) 611. 
 
 ■»« » 
 
 MArPBACTICE. 
 
 See Physicians and SirEGEONS, III. 
 
 *» » 
 
 MALT. 
 
 Do statutes forbidding sale of a certain 
 class or classes of liquor include malt 
 liquors. 46 L.E.A. (N.S.) 759. 
 
 Judicial notice of intoxicating character of 
 "Malt Extract." 48 L.E.A.(N.S.) 316. 
 
 Judicial notice of intoxicating character of 
 "Malt Mead." 48 L.R.A.(N.S.) 316. 
 
 MANAGING AGENT. 
 
 As fellow servant of injured employee. Bee 
 Masteb and Sebvant, III. d, 3. 
 
 MANDAMUS. 
 
 I. In general, § 1. 
 II. When may issue, §§ S—IS. 
 a. In general, § S. 
 6. To 'public officer or hoard, §§ 
 
 3-11. 
 e. To corporations, §§ 13—15. 
 III. Jurisdiction; procedure; hearing; 
 determination, §§ 16—31. 
 Consult also Tj.R.A. Digests to date. 
 
 MANDAMUS— confd. 
 
 7. In generaX, 
 
 § 1. Generally. 
 
 Validity of statutory provision for attor- 
 ney's fee in mandamus proceedings. 
 L.E.A.1915E, 949. 
 
 For relief of member of labor union from 
 unlawful fine or suspension. 46 L.E.A. 
 (N.S.) 355. 
 
 II. When may issue, 
 a. In general. 
 
 § Z. Generally. 
 
 Necessity of exhausting remedies within 
 order against decision expelling or sus- 
 pending a member from a mutual bene- 
 fit society before resorting to courts 
 for relief by mandamus. 52 L.E.A. 
 (N.S.) 818. 
 
 Conclusiveness in mandamus proceeding to 
 restore to membership in benevolent 
 society, of decision of tribunal of soci- 
 ety expelling or suspending member. 
 52 L.E.A. (N.S.) 806. 
 
 ft. To public officer or hoard. 
 
 § 3. Generally. 
 
 To compel performance of ministerial du- 
 ties by heads of departments. 52 
 L.E.A.(N.S.) 419. 
 Mandamus to compel issuance of municipal 
 
 warrant to pay indebtedness. 
 
 L.R.A.1916D, 325. 
 Ministerial and discretionary functions. 
 
 L.E.A.1916D, 325. 
 Illegality or other defense. L.E.A. 
 
 1916D, 329. 
 Existence of other adequate remedy. 
 
 L.E.A.1916D, 331. 
 Where title to ofiSce is in question. 
 
 L.E.A.1916D, 333. 
 Eflfect of lack of funds. L.E.A.1916D, 
 
 334. 
 Eight to writ upon assigned claim. 
 
 L.E.A.1916D, 334. 
 Effect of appeal from claim. L.E.A. 
 
 1916D, 335. 
 Miscellaneous. L.E.A.1916D, 335. 
 Mandamus to compel the issuance of di- 
 ploma. L.E.A.1916B, 616. 
 Mandamus to compel the reinstatement of 
 
 a teacher. 49 L.E.A. (N.S.) 62. 
 Scope. 49 L.E.A.(N.S.) 62. 
 Eight resting in contract merely. 49 
 
 L.E.A. (N.S.) 63. 
 Eight defined by statute. 49 L.E.A. 
 
 (N.S.) 63. 
 Reinstatement ordered by body having 
 
 appellate jurisdiction. 49 L.E.A. 
 
 (N.S.) 65. 
 Effect of fact that position is filled by 
 
 another. 49 L.E.A. (N.S.) 65. 
 Effect of failure to appeal to school 
 
 authority having appellate juris- 
 diction. 49 L.R.A.(N.S.) 66. 
 
390 
 
 INDEX TO NOTES. 
 
 MANDAMUS, II. h— cont'd. 
 § 5. To executive officers. 
 
 Mandamus to compel exercise of the power 
 to remove or suspend public officer. 
 46 L.R.A.(N.S.) 9. 
 
 § 9. As to title to, or acceptance of, 
 office. 
 
 Right to attack prima facie title of relator 
 in mandamus to obtain office. L.B.A. 
 1915A, 832. 
 
 § 10. To compel surrender of office. 
 
 Eight to attack prima facie title of relatbr 
 in mandamus to obtain office. Ii.R.A. 
 1915A, 832. 
 
 § 11. As to elections. 
 
 As to initir»bive or referendum election. 50 
 
 L.E.A.(N.S.) 216. 
 In connection with recall election. 50 
 
 L.R.A.(N.S.) 229; L.R.A.1916D, 1104. 
 
 c. To corporations. 
 
 ■% 12. Generally. 
 
 Mandamus to compel calling of stockholders' 
 or directors' meeting. L.E.A.1915B, 
 774. 
 Mandamus to compel transfer of corpo- 
 rate stock. 48 L.R.A.(N.S.) 847. 
 At common law. 48 L.R.A.(N.S.) 848. 
 Under statutes. 48 L.E.A.(N.S.) 853. 
 Stock purchased at judicial sale. 48 
 L.R.A.(N.S.) 854. 
 
 III. Jurisdiction; procedure; hearing; 
 determination. 
 
 § 16. Generally. 
 
 Right to attack prima facie title of relator 
 in mandamus to obtain office. L.R.A. 
 1915A, 832. 
 
 MANDATORY INJUNCTION. 
 
 See Injunction, III. 
 
 « » » 
 
 MANIA. 
 
 As affecting testamentary capacity. L.R.A. 
 1915A, 462. 
 
 MANSI,AVGHT£B. 
 
 See HoMiciDK. 
 
 MANUFACTURE. 
 
 MANUFACTURE— cont'd. 
 
 Making clothing to measure as manufactur- 
 ing for purpose of tax laws. 44 L.R.A. 
 (N.S.) 303. 
 
 Statute of frauds; distinction between sales 
 of personalty and agreements for work 
 and labor. 43 L.E.A.(N.S.) 97. 
 
 MANUFACTURERS. 
 
 Monopolistic combinations of, see Monopo- 
 ly AND Combinations, II. 
 
 Liability for injury due to defects in ar- 
 ticles manufactured, see Negligence, 
 § 15. 
 
 Exemption of, from taxation, see Taxes, 
 § 38. 
 
 See also Mantjpactuke. 
 
 Condition imposed by manufacturer as to 
 retail price as binding upon retaOer 
 purchasing from middleman. 3 B. R. 
 C. 299. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of manufacturing busi- 
 ness as affected by its territorial scope. 
 L.R.A.1916C, 631. 
 
 Right of one liable for damages from de- 
 fective article to recover over against 
 vendor or manufacturer. L.R.A.1915C, 
 336. 
 
 MANUFACTURING CORPORA- 
 TIONS. 
 
 Taxation of, see Taxes, § 38. 
 
 #« » • 
 
 MANURE. 
 
 Power of municipal corporation to grant 
 exclusive right for removal of. L,R.A. 
 1915D, 209. 
 
 ♦ »» 
 
 MAP. 
 
 See Plats and Maps. 
 
 ♦ « » 
 
 § 1. Generally. 
 
 See also Manttfaotubees. 
 
 Begin with this boolc on every law question. 
 
 MARINE INSURANCE. 
 
 Risks covered by policy of, see Insueancb, 
 
 § 157. 
 Extent of loss or recovery, see Insukance, 
 
 § 175. 
 
 Waters covered by description of waters in 
 policy of marine insurance. L.R.A. 
 1915C, 408. 
 
 Validity of insurance of enemy property 
 against seizure. 5 B. R. C. 836. 
 
 Effect of carriage of contraband upon marine 
 insurance. 5 B. R. C. 58. 
 
 Liability of insurer of vessel or cargo war- 
 ranted free from capture. 5 B. R. C. 74. . 
 
INDEX TO NOTES. 
 
 391 
 
 MARINE INSURANCE— oojit'd. 
 
 When stipulations limiting time for suit on 
 
 policy begin to run. 48 L.R.A.(N.S.) 
 
 911. 
 
 MARINERS. 
 
 See Seamen. 
 
 MARITAt INFIDELITY. 
 
 In general, see Adultbet; Husband and 
 Wife, § 3. 
 
 MARITAL INTERCOURSE, 
 
 Refusal of, as ground for divorce. L.R.A. 
 1915B, 770. 
 
 MARITAL RIGHTS. 
 
 Fraud on, see Husband and Wife, IV. g. 
 
 *-*-* 
 
 MARITIME JURISDICTION. 
 
 See Admiealtt, § 2. 
 
 < « » 
 
 MARITIME LIENS. 
 
 § 1. Generally. 
 
 Rights of lien holders as to captured prop- 
 erty. 5 B. R. C. 1002. 
 
 MARK. 
 
 § I. Generally. 
 
 Trademarlc, see Teademaek. 
 
 § Z. Signature by. 
 
 Signature to will, by, see Wills, § 22. 
 
 § 3. —proof of. 
 
 Effect of adverse testimony of attesting wit- 
 nesses as to execution of will signed by 
 mark. L.R.A.1916C, 1240. 
 
 MARKETABLE TITLE. 
 
 To real property sold, see Vendok and Puk- 
 
 CHASEE, n. 0. 
 
 Consult also L.B.A. Digests to date. 
 
 MARRIAGE. 
 
 I. In general, §§ 1—i. 
 II. Talidity generally, §§ 5—7. 
 III. Capacity of parties; who may mar- 
 
 ry, §§ 8-13. 
 IV. Effect of marriage, §§ 14, IB. 
 r. Annulment, §§ 16-30. 
 
 I. In general, 
 
 § 1. Generally. 
 
 As to breach of promise, see Bbeach of 
 
 Peomise. 
 
 Conflict of laws as to, see Conflict of 
 Laws, § 13. 
 
 Constitutionality of statutes as to, see Con- 
 stitutional Law, § 83. 
 
 Validity of contract affecting marriage re- 
 lations, see Conteacts, § 82. 
 
 As to divorce or separation, see DivOKCB 
 
 AND SePAEATION. 
 
 Sufficiency of proof of, see Evidence, § 295. 
 Insurance on intended husband's life, see 
 
 Fiancee. 
 Rights and duties of husband and wife, 
 
 generally, see Husband and Wife. 
 
 Mental anguish at failure to prevent un- 
 suitable marriage as element of dam- 
 ages in telegraph cases. 49 L.R.A. 
 (N.S.) 238. 
 
 Liability for fraud in inducing one to 
 marry a third person. 46 L.R.A. 
 (N.S.) 98. 
 
 Enticement of minor for purpose of mar- 
 riage. 45 L.R.A.(N.S.) 871. 
 
 Agreement for payment of amount specula- 
 tive on marriage as insurance. 47 
 L.R.A.(N.S.) 299. 
 
 § 3. Restraints on. 
 
 Devise of bequest in restraint of, see Wills, 
 
 § 85. 
 
 Existence of restraint. 4 B. R. 0. 83. 
 Validity of restraint. 4 B. R. C. 84. 
 
 As affected by character of property. 
 4 B. R. C. 87. 
 
 As applied to appointment of guardian. 
 4 B. R. C. 88. 
 
 Repugnancy to estate devised. 4 B. R. 
 C. 89. 
 
 Certainty of condition. 4 B. R. C. 89. 
 
 Reasonableness of restraint. 4 B. R. 
 C. 90. 
 What restraints are or are not 
 reasonable. 4 B. E. C. 91. 
 
 Second marriages. 4 B. R. C. 96. 
 Of women. 4 B. R. C. 98. 
 Of men. 4 B. R. C. 104. 
 
 As affected by fact that marriage en- 
 tails only a partial forfeiture. 4 
 B. R. C. 105. 
 
 As affected by fact that restraint is 
 in the form of a limitation of the 
 gift until marriage. 4 B. E. C. 
 106. 
 
 As affected by fact that provision is for 
 a daughter or other female rela- 
 tive. 4 B. R. C. 109. 
 
 As affected bv the existence of a gift 
 over. 4 B. R. C. 113. 
 
392 
 
 INDEX TO NOTES. 
 
 MAERIAGE, I.— cont'd. 
 The interrorem doctrine. 4 B. E. C. 113. 
 What is a sufficient gift over. 4 B. E. 
 
 C. 122. 
 Where provision is made for the lega- 
 tee in any event. 4 B. R. C. 126. 
 Provision as a condition or a limitation. 4 
 B. R. C. 128. 
 Conditions. 4 B. R. C. 130. • 
 Limitations. 4 B. R. C. 135. 
 Provision as a condition precedent or sub- 
 sequent. 4 B. R. C. 142. 
 Effect of provision on estate taken. 4 B. 
 R. C. 147. 
 By vridovr. 4 B. R. C. 147. 
 By husband. 4 B. R. C. 170. 
 By unmarried person. 4 B. R. C. 170. 
 Operation of conditions. 4 B. R. C. 172. 
 Where invalid. 4 B. R. C. 172. 
 Where marriage takes place with tes- 
 tator's approval. 4 B. R. C. 174. 
 Where marriage takes place in testa- 
 tor's lifetime. 4 B. R. C. 177. 
 Provisions requiring consent. 4 B. R. 
 C. 178. 
 Form and sufficiency of consent. 
 
 4 B. R. C. 183. 
 Impossibility of obtaining consent. 
 4 B. R. C. 187. 
 Necessity and sufficiency of notice of 
 
 the condition. 4 B. R. C. 189. 
 Where legatee renounces. 4 B. R. C. 
 189. 
 Performance. 4 B. R. C. 190. 
 Breach. 4 B. R. C. 191. 
 
 What constitutes. 4 B. R. C. 191. 
 Effect of. 4 B. R. C. 193. 
 Character of gift as one of realty or per- 
 sonalty. 4 B. R. C. 194. 
 Construction of provisions. 4 B. R. C. 195. 
 Statutes and their effect. 4 B. R. C. 205. 
 Gifts over by implication wliere property 
 is given over at death and first taker 
 marries, or vice versa. 4 B. R. C. 206. 
 Contracts in restraint of marriage. 4 B. 
 
 R. C. 215. 
 Legislative power to forbid marriage. 52 
 L.R.A.(N.S.) 778. 
 Miscegenation. 52 L.R.A.(N.S.) 778. 
 
 § 4, How proved. 
 
 Sufficiency of proof of marriage, see Evi- 
 dence, § 295. 
 
 II. Validity generally. 
 
 § 5. Generally, 
 
 Law governing validity of. 43 L.R.A. 
 
 (N.S.) 355. 
 Presumptions flowing from marriage cere- 
 mony. L.R.A.1915E, 186. 
 General characteristics and validity of com- 
 mon-law marriage. L.R.A.1915E, 
 8. 
 In general. L.R.A.1915E, 9. 
 
 In England and Scotland. L.R.A. 
 
 1915B, 9. 
 In Canada and United States. 
 L.R.A.1915E, 12. 
 Rule in several jurisdictions of 
 the United States. 
 L.R.A.1915E, 17. 
 
 MARRIAGE, II.— cont'd. 
 
 Where repudiated. L.R.i 
 
 1915E, 17. 
 Where adopted, but abro 
 gated by statute 
 L.R.A.1915E, 19. 
 Where adopted and re 
 tained. L.R.A.1915E 
 19. 
 In Spanish colonies. L.R.4 
 1915E, 20. 
 Marriage per verba de prsesenti. L.RA 
 
 1915E, 23. 
 Marriage per verba de futuro cud 
 
 copula. L.E.A,1915E, 31. 
 Habit and repute. L.E.A.1915E, 33. 
 Nature and essentials of habil 
 
 L.R.A.1915E, 36. 
 Nature and essentials of repute 
 
 L.R.A.1915E, 39. 
 Necessitv of concurrence. L.E.A 
 
 1915E, 42. 
 Nature of inference or presump 
 tion; marriage in fact. L.R.A 
 1915E, 44. 
 'Effect of abrogation of substantivi 
 common law. L.E.A.1915E 
 47. 
 • Proceedings in which available 
 L.E.A1915E, 51. 
 Sufficiency of words and conduct to consti 
 tute common-law marriage, or o: 
 circumstantial evidence to implj 
 marriage. L.E.A.1915E, 60. 
 In general. L.R.A.1915E, 60. 
 Marriage per verba de praesenti. L.R.A 
 
 1915E, 62. 
 Marriage per verba de futuro cun 
 
 copula. L.R.A.1915E, 70. 
 Habit and repute. L.R.A.1915E, 72. 
 Effect of marriage statutes to abrogate thi 
 
 common law. L.R.A.1915E, 113. 
 Unlawful or invalid marriage as void oi 
 voidable. L.R.A.1916C, 690. 
 
 § 6. Effect of duress to avoid mar- 
 riage. 
 
 Marriage induced by duress as void or void 
 able. L.E.A.1916C, 706. 
 
 III. Capacity of parties; who may 
 marry. 
 
 § 8. Generally. 
 
 Marriage of infant, see Infants, § 15. 
 Marriage between whites and blacks, sci 
 Miscegenation. 
 
 Incestuous marriage as void or voidable 
 L.E.A.1916C, 723. 
 Historically and generally. L.E.i 
 
 1916C, 723. 
 Consanguinity. L.R.A.1916C, 727. 
 Affinity. L.R.A.1916C, 730. 
 Validity of marriage with relative by mar 
 riage. L.R.A.1916C, 756. 
 English and Canadian cases. L.R.4 
 
 1916C, 756. 
 United States cases. L.R.A.1916C, 75f 
 Marriage of physical ir"ompetent as vol 
 or voidable. L.R.A.1916C, 694. 
 
 Begin with this J>ooTc on every law question. 
 
INDEX TO NOTES. 
 
 393 
 
 MAREIAiGE, 111.— cont'd. 
 § 9. Persons under age of consent. 
 
 Conflict of laws as to validity. 43 L.R.A. 
 
 (N.S.) 355. 
 Validity of marriage of persons of nonage. 
 L.R.A.1916C, 740. 
 Under the common law. L.R.A.1916C, 
 
 740. 
 Under statutory enactment. L.K.A. 
 
 1916C, 740. 
 Consent of parents. L.E.A.1916C, 741. 
 
 § 10. Marriage of person while in- 
 sane. 
 
 Desire of aged person to marry as ground 
 
 for appointment of guardian. 47 
 
 L.R.A.(N.S.) 475. 
 Test of insanity which will render marriage 
 
 void. 3 B. R. C. 455. 
 Marriage of mental incompetent as void or 
 
 voidable. L.R.A.1916C, 700. 
 
 ^11. Persons already married. 
 
 Bigamy generally, see Bigamy. 
 
 Presumption flowing from ceremonial mar- 
 riage of person during lifetime of for- 
 mer spouse. L.R.A.1915E, 186. 
 Bigamous marriage as void or voidable. 
 
 L.R.A.1916C, 711. 
 General rules. L.R.A.1916C, 711. 
 Good faith and its effect. L.R.A.1916C, 
 
 715. 
 Absence of former spouse and its e/Iect. 
 
 L.R.A.1916C, 717. 
 General cases. L.R.A.1916C, 719. 
 
 § 12. Divorced persons. 
 
 Effect of, see infra, § 15. 
 
 Conflict of laws as to. 43 L.R.A. (N.S.) 358. 
 
 Validity of marriage contracted \Yithin pro- 
 hibited time after divorce. L.R.A. 
 1916C, 748. 
 
 § 13. Subsequent removal of impedi- 
 ment. 
 
 Inference or presumption of marriage from 
 continued cohabitation following re- 
 moval of impediment. L.R.A.1915Ji;, 91. 
 
 IT. Effect of marriage. 
 
 § 14. Generally. 
 
 Presumptions flowing from marriage cere- 
 mony, see Evidence, § 28. 
 
 As affecting revocation of will, see Wills, § 
 37. 
 
 Marriage of insured as affecting previous 
 
 designation of beneficiary. 49 L.R.A. 
 
 (N.S.) 141. 
 Effect of marriage of ward on settlement 
 
 between guardian and ward out of 
 
 court. L.R.A.1916E, 871. 
 Effect of intermarriage between debtor and 
 
 creditor upon the indebtedness. L.R.A. 
 
 1915D, 1126. 
 Effect of marriage on woman's status as an 
 
 alien. L.R.A.1916D, 132. 
 Marriage of woman after personal injury as 
 
 affecting damages. L.R.A.1916C, 592. 
 Consult also L.R.A.. Digests to date. 
 
 MARRIAGE, IV.— cont'd. 
 
 Marriage as ground for non-appointment or 
 
 dismissal of teacher. L.R.A.1916C, 795. 
 Effect of remarriage upon widow's existing 
 
 homestead rights. L.R.A.1916A, 1000. 
 
 § 15. Of divorced person. 
 
 Effect of marriage contracted within pro- 
 hibited time after divorce. L.R.A.1916C, 
 748. 
 
 Effect of second marriage upon obligation 
 to pay alimony. L.R.A.1915F, 820. 
 
 T. Annulment, < 
 
 §16. Generally. 
 
 Divorce or separation, see Divorce and 
 
 Sbpabation. 
 
 § 18. Grounds for. 
 
 Test of insanity which will justify annul- 
 ment of marriage. 3 B. R. C. 455. 
 Annulment because of intent not to perform 
 duties of marital relation. L.R.A. 
 1916E, 1274. 
 Antenuptial pregnancy or unchastity as a 
 ground of divorce or annulment of 
 marriage. L.R.A.1916E, 650. 
 Pregnancy. L.R.A.1916E, 650. 
 J5xistence of bastard child. L.E.A. 
 
 1916E, 652. 
 Unchastity. L.R.A.1916E, 653. 
 
 § 19. Effect of. 
 
 Conclusiveness as to third persons of decree 
 in suit for annulment as to facts ad- 
 judicated as distinguished from the 
 status established. L.R.A.1915C, 870. 
 
 MARRIAGE BROKERS. 
 
 Validity of marriage brokage contracts. 3 
 B. R. C. 643. 
 
 MARRIAGE CEREMONT. 
 
 Presumption from, see Evidence, § 28. 
 
 MARRIED PERSONS. 
 
 In general, see Husband and Wife. 
 
 MARRIED WOMEN. 
 
 See Husband and Wife. 
 
 • « » 
 
 MARSHAL. 
 
 Liability of marshal executing invalid 
 search warrant. 49 L.R.A. (N.S.) 770. 
 
 Liability of marshal for his deputy^s tort in 
 making an arrest. L.R.A.1915E, 172. 
 
394 
 
 INDEX TO NOTES. 
 
 MARSHALING ASSETS 
 CURITIES. 
 
 AND SE- 
 
 § 1. Generally. 
 
 Marshaling assets for benefit of mortgagor. 
 
 47 L.R.A.{N.S.) 302. 
 
 Mortgages covering both exempt and 
 
 nonexempt property. 47 L.E.A. 
 
 (N.S.) 303. 
 
 Miscellaneous. 47 L.R.A.(N.S.) 304. 
 
 MARSHES. 
 
 Eight to hasten flow of water from. 
 a916F, 429. 
 
 LJIA. 
 
 MARTIAI. I.AW. 
 
 Continuance of constitutional guaranties 
 during war or insurrection. 45 L.E.A. 
 (N.S.) 996. 
 
 MASSES. 
 
 Who may 
 
 (N.S.) 
 
 enforce 
 222. 
 
 trust for. 46 L.E.A. 
 
 MASTER AND SERVANT. 
 
 I. In general, § 1. 
 II. Rights and relation generally, §§ 
 
 2-4:7. 
 
 a. In general, §§ 2—9. 
 t. Statutes affecting relations, 
 §§ 10-12. 
 
 c. Products of servant's labor 
 
 or inventions, §§ 13, 14. 
 
 d. Validity of contract, §§ IS, 
 
 16. 
 
 e. Authority of employee, §§ 
 
 17— 18a. 
 
 f. When relation exists, §§ 19— 
 
 23. 
 
 g. Wages; compensation, §§ 
 
 24,-31. 
 h. Hours of labor, §§ 32, 33. 
 i. Termination of relation; dis- 
 charge; enticing, §§ 
 34-47. 
 1. In general, §§ 34—39. 
 S. Discharge, §§ 40—46. 
 
 3. Enticing ; procuring dis- 
 
 charge, §47. 
 III. Duty and liability of master to 
 servant, §§ 4S—169a. 
 a. Nature and extent of mas- 
 ter's duty, §§ 48-108. 
 1. In general, §§ 48—64. 
 
 4. As to rules and regula- 
 
 tions for conduct of 
 business, § 71. 
 Begin with this boojc on every law question 
 
 MASTER AND SERVANT, III. a— coni 
 
 6. Duty to warn or instrt 
 
 servant, §§ 7; 
 78. 
 (a) In general, §§ 7; 
 75. 
 
 0. Safety as to place, a 
 
 pliances, at 
 tools, §§ 79-10 
 
 (a) In general, ^#7! 
 
 87. 
 
 (b) Machinery, §§ S, 
 
 90. 
 
 (c) In mines, §§ s 
 
 91a. 
 
 (d) Railroad ai 
 
 street railwi 
 cases, §§ 92—9 
 
 (e) Inspection, §§ 9l 
 
 102. 
 
 7. Selection, employmei 
 
 and retention of felli 
 servants, §§ 104—10 
 
 8. Liability to voluntet 
 
 employee's assistant, 
 servants of third pe 
 sons, §§ 107— 108a. 
 b. Assumption of rislc, §§ lOi 
 
 122. 
 o. Contributory negligence, ; 
 
 123-131. 
 d. Fellotv servants, §§ ISi 
 169a: 
 
 1. In general, §§ 132-13 
 
 (a) Generally, § 13i 
 
 (c) Fellow serva 
 rule as affect 
 by statute, §13 
 
 (d) Who are felU 
 servants generi 
 ly, §§ 136, 13'. 
 
 (e) For what acts 
 fellow serva 
 master is liab 
 § 138. 
 
 Z. Common employmei 
 
 apart from statu 
 
 •where no question as 
 
 vice principalship, ; 
 
 139-143. 
 
 S. Vice principal; superi 
 
 servant, §§ 14 
 
 169a. 
 
 (a) In general, §14 
 
 (b) Considered ivi 
 reference to ra 
 of superior sei 
 ant, §§ 145-lt 
 
 of master to third pt 
 170-195. 
 
 IT. lAability 
 
 son. 
 a. For 
 
 acts of servants 
 
 agents, §§ 170-184, 
 
 1. In general, §§ 170-li 
 
 8. Scope of cmploymet 
 
 disobedience of orde 
 
 §§ 181-184. 
 
 6. For acts of independent cc 
 
 tractors, §§ 18o-19i 
 
 1. In general, §§ 18o-li 
 
INDEX TO NOTES. 
 
 395 
 
 MASTER AND SERVANT, IV. h— cont'd. 
 3. For what acts of contrac- 
 tor employer is liable, 
 §§ 180-194:. 
 3. Who are independent 
 contractors, § 195. 
 V. lAdbility of servant or contractor, 
 §§ 196-198. 
 Til. Iiiability of third person to servant 
 or master, §§ 800—203. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Bond insuring fidelity of employee, see 
 
 Bonds, § 11. 
 Employees of carrier as passengers, see 
 
 Carriers, § 6. " 
 Relation between carrier and employees in 
 
 matters affecting interstate commerce, 
 
 see Commerce, II. f. 
 Custom of, see Custom and Usage, §§ 3, 4. 
 Employer's indemnity insurance, see Instjb- 
 
 ANCE, §§ 212-217. 
 Employees in mines, see Mines, §§ 39-42. 
 Ratification by employer, see Ratification, 
 
 § 4. 
 Service on employee, see Writ and Proc- 
 ess, § 23. 
 
 Effect of servant's authority to enter build- 
 ing on sufficiency of breaking to consti- 
 tute burglary. L.R.A.1915D, 1015. 
 
 Validity of contract or option by director 
 for purchase of stock of employee of 
 corporation upon discontinuance of em- 
 ployment. L.R.A.1916D, 1117. 
 
 Constitutionality of laws prohibiting carry- 
 ing on of employments or occupations 
 upon certain premises. 44 L.R.A. 
 (N.S.) 46. 
 
 Agreements between employer and trade 
 union. 45 L.R.A. (N.S.) 184. 
 
 Disqualification of employee of party in- 
 terested in eminent domain proceed- 
 ings to serve as commissioner or juror. 
 47 L.R.A.(N.S.) 168. 
 
 Admissibility of reports by employee to 
 employer to prove fact in issue. 47 
 L.R.A.(N.S.) 830. 
 
 Right of third person to complain of regu- 
 lations concerning conduct of employ- 
 ees, etc., by which he is injuriously 
 affected. 51 L.R.A. (N.S.) 17. 
 
 Competency of employee appointed as ap- 
 praiser, pursuant to statute or provi- 
 sion of fire insurance policy to ascer 
 tain amount of loss. 62 L.R.A. (N.S.) 
 497. 
 
 //. Rights and relation generally. 
 
 a. In general, 
 
 § 2. Generally. 
 
 Measure of damages for breach of contract 
 
 by employer or employee, see Damages, 
 
 §§ 24, 25. 
 Injunction against disclosure of trade 
 
 secrets by employee, see Injunction, 
 
 § 72. 
 Consult also L.R.A. Digests to date. 
 
 MASTER AND SERVANT, II. a,— cont'd. 
 
 Constitutionality of laws prohibiting carry- 
 ing on of emplo;^ments or occupations 
 upon certain premises. 44 L.R.A. (N.S.) 
 46. 
 
 Police power to license employment agen- 
 cies. L.R.A.1916E, 1150. 
 
 Constitutionality of statute restricting 
 remedy by injunction in labor disputes. 
 L.R.A.1916r, 836. 
 
 Existence of trust in favor of master in 
 property stolen or embezzled by servant. 
 L.R.A.1915B, 442. 
 
 Amount of damages recoverable by master 
 for seduction of employee. 52 L.R.A. 
 (N.S.) 89. 
 
 Right of servant to notice to redeem from 
 tax sale. 44 L.R.A. (N.S.) 676. 
 
 § 5. Duration of employment. 
 
 Duration of contract of hiring which speci- 
 fies no term, but fixes compensation at 
 a certain amount per day, week, month, 
 or year. 51 L.R.A.(N.S.) 629. 
 Contracts for permanent employment, and 
 
 similar agreements. 50 L.R.A. 
 
 (N.S.) 453. 
 Introduction. 50 L.R.A. (N.S.) 454. 
 Indefiniteness and uncertainty. 50 
 
 L.R.A.(N.S.) 454. 
 Public policy. 50 L.R.A. (N.S.) 454. 
 Statute of frauds as to contracts not to 
 
 be performed within a year. 50 
 
 L.R.A.fN.S.) 454. 
 Consideration. 50 L.R.A. (N.S.) 455. 
 
 Mutuality. 50 L.R.A. (N.S.) 455. 
 Damages for breach by employer. 50 
 
 L.R.A.(N.S.) 456. 
 Term of employment. 50 L.R.A. (N.S.) 
 
 457. 
 Termination by improper conduct of 
 
 employee. 50 L.R.A..(N.S.) 457. 
 
 § 7. Blacklisting. 
 
 Blacklisting^ employees. L.R.A.1916C, 222. 
 
 b. Statutes affecting relations. 
 
 § lO. Generally. 
 
 Statutory regulation of wages, see infra, 
 § 31. 
 
 Statutory regulation of hours of labor, 
 see, infra, § 33. 
 
 Constitutionality of statutes, see Constitu- 
 tional Law, §§ 62-66. 
 
 State regulation of relations between rail- 
 road companies engaged in interstate 
 commerce and their employees. 52 
 L.R.A.(N.S.) 266. 
 
 Power of public to determine capacity or 
 suitableness of particular employee of 
 private corporation or corporation 
 whose business is affected with a pub- 
 lic interest. L.R.A.1915E, 708. 
 
 Constitutionality of statute requiring pre- 
 liminary apprenticeship or experience 
 for railroad employees. L.R.A.1915D, 
 677. 
 
 Prohibiting or restricting employment of 
 aliens. L.R.A.1916D, 569. 
 
396 
 
 I.TSDEX TO NOTES. 
 
 IIASTER AND SERVANT, II. h— cont'd. 
 
 Validity of statute punishing fraud on em- 
 ployers and declaring what shall be 
 prima facie evidence of fraudulent in- 
 tent. L.R.A.19150, 733. 
 
 ■Constitutionality of statute restricting 
 remedy by injunction in labor disputes. 
 L.R.A.1916F, 836. 
 
 -Constitutionality and construction of stat- 
 ute requiring mine owner or operator 
 to furnish wash rooms or similar con- 
 veniences for employees. L.R.A.1915B, 
 420. 
 
 <!onstitutionality of statute requiring one 
 advertising for help during strike to 
 mention its existence. 49 L.R.A. (N.S.) 
 879. 
 
 § 11. Affecting right to contract. 
 
 ^Constitutionality of statute forbidding em- 
 ' ployer to exact an agreement from em- 
 ployee not to join labor union. L.E.A. 
 1915C, 960. 
 
 ■■i 12. As to employmient of iromen 
 and children. 
 
 Private action for violation of child labor 
 laws. L.R.A.1915E, 554. 
 
 What places are included within generic 
 term "business establishment," "mer- 
 cantile institution," etc., as used in 
 statutes relating to the employment of 
 minors. 44 L.R.A. (N.S.) 1185. 
 
 Employment of child in violation of stat- 
 vite as negligence which will sustain 
 an action by the child for personal in- 
 juries. 48 L.R.A.{N.S.) 656. 
 
 Constitutionality of legislation limiting 
 hours of labor of women. 51 L.R.A. 
 (N.S.) 361; L.R.A.1915P, 829. 
 
 Constitutionality of limitation of hours of 
 labor for children. L.R.A.1915F, 829. 
 
 e. Products of servant's labor or 
 inventions. 
 
 ^ 13. Generally; patented inventions. 
 
 Implication from government's use of pat- 
 ented invention of employee, of prom- 
 ise to pay royalty. 44 L.R.A. (N.S.) 
 337. 
 
 Eight of principal or employer to earnings 
 by agent or servant who undertalces ex- 
 traneous work. L.R.A.1916D, 782. 
 
 d. Validity of contract. 
 
 § 15. Generally. 
 
 As to length of employment, see supra, § 5. 
 Under provisions of statute, see supra, § 11. 
 Master's liability for injury to servant as 
 
 affected by contract, see infra, §§ 52, 
 
 53. 
 
 Constitutional objections to convict labor 
 contracts. L.R.A.1916D, 660. 
 
 Validity imder the Federal employers' lia- 
 bility act of contract requiring notice 
 in writing. L.R.A.1915F, 551. 
 
 Validity of contract of employment in- 
 definite and uncertain as to kind of 
 employment or amount of remunera- \ 
 tion. 48 L.R.A.(N.S.) 435. 
 
 Begin with, this hoolc on every law question. 
 
 MASTER AND SERVANT, II. d— cont'd. 
 Validity of contract to employ union labi 
 only. 45 L.R.A. (N.S.) 564. 
 
 e. Authority of employee. 
 
 § 17. Generally. 
 
 Authority of agent generally, see PEiNoiPi 
 AND Agent, IV. 
 
 Implied or apparant authority of employe 
 to bind principal for board or travelin 
 expenses. L.R.A.1916B, 754. 
 
 § 18. To employ physician. 
 
 § 18a. — for injured employee. 
 
 Implied power of employee to employ phj 
 sician to attend injured employei 
 L.R.A.1915C, 809. 
 Railroad corporations. L.R.A.1915( 
 809. 
 In cases of emergency. L.E.^ 
 19150, 809. 
 Other corporations. L.R.A.1915C, 80! 
 In cases of emergency. L.R.^ 
 1915C, 809. 
 Implied authority of servant of indi 
 vidual. L.R.A.1915C, 812. 
 
 /. When relation exists. 
 
 §19. Generally. 
 
 Liability for injury to servant while not a 
 work, see infra, § 61. 
 
 § 21. For purpose of holding mastei 
 liable for servant's acts. 
 
 Liability of hirer of team for damage t 
 team or wagon by negligence of drive 
 in general employ of owner. L.BA 
 1916F, 1039. 
 
 Liability of owner of automobile for injur 
 by car while being run by one to whoi 
 it has been entrusted for storage o 
 repairs. L.R.A.1916B, 762. 
 
 Liability of automobile owner for negli 
 gence of chauffeur furnished by thir 
 person. 48 L.R.A. (N.S.) 424. 
 
 Who is responsible for negligence of chauf 
 feur operating a leased or demonstraf 
 ing car. 44 L.R.A.(N.S.) 113; 5: 
 L.R.A.(N.S.) 1164. 
 
 Making prima facie case of responsibilit; 
 for negligence of driver of automobil 
 by proof of defendant's ownership o 
 car or employment of driver. 4' 
 L.R.A.(N.S.) 1091. 
 
 Liability of master for injury to propert; 
 or person of one to whom he owes n 
 contractual duty, by acts of voluntee 
 whom servant permits to assist in pei 
 formance of master's service. 45 L.E.4 
 (N.S.) 382; L.R.A.1916B, 630. 
 
 Liability of joint employers for torts of th 
 employee. 51 L.R,A.(N.S.) 866. 
 
 Liability of joint owners of automobile o 
 carriage for torts of common servant 
 51 L.R.A.(N.S.) 1116. 
 
INDEX TO NOTES. 
 
 397 
 
 MASTER AND SERVANT, n. i— cont'd. 
 § ZZ. — servant employed as detec- 
 tive, policeman, etc. 
 
 Liability of private person or corporation 
 for acts of special police officer ap- 
 pointed by public authority. 43 L.R.A. 
 (N.S.) 1164; L.R.A.1915C, 1183. 
 
 Liability of master for arrest or false im- 
 prisonment by servant employed as de- 
 tective, policeman or watchman. L.R.A. 
 1916F, 1249. 
 
 § 23. For purpose of fixing master's 
 liability to servant. 
 
 Liability of master for injuries to servant 
 while riding on a pass, 50 L.R.A. 
 {N.S.) 706. 
 
 g. Wages; compensation. 
 
 § 24. Generally. 
 
 Lien of laborers for, see Mechanics' Liens. 
 
 Language used by ovpner or other person 
 interested in construction of building 
 importing a promise to pay an em- 
 ployee of contractor as a promise to 
 ansvper for the debt or default of an- 
 other. 5 B. R. C. 96. 
 
 Evidence of value of services or of cus- 
 tomary compensation on question as to 
 amount agreed upon. L.R.A.1915C, 
 1208. 
 
 Duty of labor union to notify employer of 
 change of scale. L.R.A.1915E, 1006. 
 
 Right of master to vpithhold wages of serv- 
 ant for failure to record his time. 45 
 L.R.A.(N.S.) 644. 
 
 § 25. On part performance of con- 
 tract. 
 
 Measure of damages for master's breach of 
 contract, see Damages, §§ 25, 25a. 
 
 Right to quantum meruit for services ren- 
 dered under parol contract unenforce- 
 able because not to be performed within 
 a year. L.R.A. 1916D, 895. 
 
 Recovery by employee who abandons his 
 contract without cause or justifica- 
 tion. L.R.A'.1916E, 790. 
 
 Rights and remedies of employee discharged 
 for cause, where his compensation de- 
 pended in whole or in part upon the 
 amount of business or profits. L.R.A. 
 1915B, 1052. 
 
 § 28. Assignment of. 
 
 Constitutionality of statutes restricting 
 the right to assign salary or wages. 
 43 L.R.A.(N.S.) 746. 
 
 Effect of discharge in bankruptcy upon as- 
 signment of wages to be earned in the 
 future. L.R.A.1916E, 248. 
 
 § 30. Statutory or municipal regula- 
 tions. 
 
 Validity of statute, ordinance, or contract 
 fixing minimum wage for person 
 employed upon public work. 51 
 L.R.A.(N.S.) 686. 
 As affecting public employees. 51 
 •L.R.A.(N.S.) 687. 
 Of state. 51 L.R.A. (N.S.) 687. 
 Consult also L.B.A.. Digests to date. 
 
 MASTER AND SERVANT, II. g— cont'd. 
 Of municipality. 51 L.R.A. ( N.S. > 
 C87. 
 As affecting private employees. 51 
 L.R.A. (N.S.) 688. 
 Specific constitutional objections. 
 51 L.R.A.(N.S.) 691. 
 Constitutionality of statutes restricting 
 right to assign salary or wages. 43 
 L.R.A.(N.S.) 746. 
 
 § 31. — as to time of payment. 
 
 Validity and effect of statute regulating 
 time of payment of wages. 51 L.R.A. 
 (N.S.) 1097. 
 
 State statute relating to time of payment 
 of damages as interference with inter- 
 state commerce. 52 L.R.A. (N.S.) 268. 
 
 h. Hours of labor. 
 
 § 33. Limitation of, by statute or or- 
 dinance. 
 
 Cruel and unusual punishment for viola- 
 tion of eight-hour law. L.R.A.1915C,. 
 570. 
 Effect of servant's own violation of statute 
 limiting hours of labor. 45 L.R.A. 
 (N.S.) 378. 
 Constitutionality of legislative limitation 
 of hours of labor. 51 L.R.A. (N.S.) 
 361; L.R.A.1915F, 829. 
 State statute limiting hours of labor by 
 railroad employees as interference with 
 interstate commerce. 52 L.R. A. ( N.S. ) 
 267. 
 Validity of statute or ordinance requiring 
 commercial or mercantile establish- 
 ments to close at certain hours. L.R.A. 
 1916A, 654. 
 Construction, applicability, and effect of 
 hours of service laws. L.R.A. 
 1915D, 408. 
 Nature of statutes and general rules 
 for their construction. L.R.A, 
 1915D, 408. 
 Intent to violate statute. L.R.A. 
 
 1915D, 409. 
 What employees come within the stat- 
 utes. L.R.A.1915D, 410. 
 Under Federal hours of service 
 act. L.R.A. 1915D, 413. 
 Separate offense as to each employee. 
 
 L.R.A.1915D, 415. 
 What is included as overtime. L.R.A. 
 1915D, 415. 
 Under Federal hours of service act. 
 L.R.A.1915D, 416. 
 What is an emergency, etc., within the 
 statutes. L.R.A.1915D, 419. 
 Under Federal hours of service act. 
 L.R.A.1915D, 420. 
 Pleading and proof as to emergency, 
 etc. L.R.A.1915D, 422. 
 Under Federal hours of service act.. 
 L.R.A.1915D, 423. 
 Effect of violation. L.R.A.1915D, 424. 
 On liability for personal injuries 
 to employees. L.R.A. 1915D, 
 424. 
 On payment for public work. 
 L.R.A.1915D, 425. 
 
;i98 
 
 INDEX TO NOTES. 
 
 MASTER AND SERVANT, II. h— cont'd. 
 What offices are operated at night and 
 
 day under Federal hours of service 
 
 act. L.R.A.1915D, 425. 
 Violation of statute by employe^. 
 
 L.R.A.1915D, 426. 
 Reports under Federal hours of service 
 
 act. L.R.A.1915D, 426. 
 Miscellaneous cases. L.R.A.1915D, 426. 
 
 i. Termination of relation; discharge; 
 enticing. 
 
 1. In general. 
 
 % 34. Generally. 
 
 Contracts for permanent employment, see 
 
 supra, § 5. 
 Compensation on termination of contract 
 
 before limit fixed thereby, see supra, 
 
 § 25. 
 
 Rights and remedy in respect to relief de- 
 partment fund upon termination of 
 employment. L.R.A.1916A, 1148. 
 
 § 38. Rescission; dissatisfaction. 
 
 Termination of contracts of employment 
 which contain stipulations per- 
 mitting rescission by the employer 
 if the work is not satisfactorily 
 performed. 44 L.R.A.(N.S.) 680; 
 L.R.A.1916F, 890. 
 Master's right sustained. L.R.A.1916F, 
 
 890. 
 Question as to taste or feeling. L.R.A. 
 
 1916F, 891. 
 Question whether the discharge was for 
 dissatisfaction or some other 
 reason. L.E.A.1916F, 892. 
 Good faith. 44 L.R.A. (N.S.) 681; 
 L.E.A.1916F, 892. 
 Recital that employee desires to act to 
 the satisfaction of the employer. 
 44 L.R.A.(N.S.) 682. 
 "In a successful or satisfactory 
 manner." 44 L.R.A. (N.S.) 682; 
 L.R.A.1916F, 892. 
 ■ Satisfactory to the trade and customer. 
 L.R.A.1916F, 892. 
 
 3. Discharge. 
 
 § 40. Generally. 
 
 Liability for inducing, see Case, § 4. 
 Measure of damages for wrongful discharge, 
 see Damages, § 25a. 
 
 a. Nature and extent of master's duty 
 1. In general. 
 
 § 48. Generally. 
 
 Master's liability for acts of fellow serv 
 
 ants, see infra. III. d. 
 Liability for injury by animals, see Am 
 
 MALS, § 15. 
 
 Liability for injury on or by bridges, se 
 
 Bbidges, § 6. 
 Insurance against master's liability, se 
 
 INSTJEANCB, §§ 212-217. 
 
 Liability for injury by falling object, se 
 
 Falling Objects, § 3. 
 Injury to servants in mines, see Mines 
 
 §§ 40, 41. 
 Municipal liability for injuries to em 
 
 ployees, see Municipal Coepobations 
 
 § 80. 
 Proximate cause of injury to servant, sei 
 
 Proximate Cause, § 15, 
 Presumption and burden of proof as to mas 
 
 ter's negligence, see Evidence, III. g 
 
 1 (e). 
 Question for jury as to, see Teial, § 40. 
 
 Pleading particular cause of injury as waiv 
 er of right to rely on res ipsa loquitur 
 L.R.A.1915F, 992. 
 Continuance of master's liability for injui'j 
 to servant after transfer of business 
 45 L.R.A.(N.S.) 200. 
 Duty of master, in absence of statute, t( 
 furnish place for eating lunches. 4< 
 L.R.A.(N.S.) 1102. 
 Automobile owner's liability for injury t( 
 
 servant. 46 L.R.A. (N.S.) 1183. 
 Overwork of servant as affecting master'i 
 liability for injury to him. 45 L.E.A 
 § 42. Remedy for wrongful dis- (N.S.) 372. 
 
 charge. Injured employee's right to reach fund un 
 
 Measure of damages for wrongful discharge, der employers' liability policy. 4f 
 
 see Damages, § 25a. L.E.A. (N.S.) 191. 
 
 Begin with this hoole on every law question. 
 
 Necessity of, and time for, acceptance of 
 resignation by employee of a private 
 employer. L.R.A.1915D, 477. 
 
 Right to discharge employee where contract 
 of hiring . specifies no term, but fixes 
 compensation at a certain amount per 
 day, week, month or year. 51 L.R.A. 
 (N.S.) 629. 
 
 MASTER AND SERVANT, II. i, 2— con*' 
 
 Right to Service reward or bonus, of servai 
 discharged without cause befo 
 stipulated term of service. 44 L.R.. 
 (N.S.) 1214. 
 
 § 45. Rights and remedies of servai 
 discharged for good cause. 
 
 Where compensation depended in whole ( 
 in part upon the amount of businei 
 or profits. L.R.A.1915B, 1052. 
 
 3. Enticing; procuring discharge. 
 
 § 47. Generally. 
 
 Inducing discharge of servant, see Case, 
 
 4. 
 Conspiracy of laborers, see Conspibaci 
 
 • §§ 5-8. 
 As to strikes, see Conspieact, § 6. 
 As to labor organizations generally, see Li 
 
 BOB ObGANIZATIONS. 
 
 Enticement from parent, see Paeent an 
 Child, § 11. 
 
 III. 
 
 Duty and liability of master to 
 servant. 
 
INDEJt TO NOTES. 
 
 399 
 
 MASTER AND SERVANT, III. a, 1—oont'd. 
 Liability of school corporation for injury 
 
 to employee. 49 L.R.A.(N.S.) 1026. 
 Jurisdiction of admiralty over suit against 
 
 employer for injury to stevedore. 51 
 
 L.R.A.(N.S.) U61. 
 Liability of master for injury to servant, 
 
 other than minor, due primarily to his 
 
 physical unfitness for the work. L.R.A. 
 
 1915E, 369. 
 
 § 50. Injury to minor servant. 
 
 Liability for violation of statute as to, see 
 infra, § 55. 
 
 Assumption of risk by minor employee, see 
 infra, § 122. 
 
 Contributory negligence of minor employee, 
 see infra. § 124. 
 
 Proximate cause of injury to minor em- 
 ployee, see Proximate Cause, § 16. 
 
 Liability as to minor volunteer. 43 L.R.A. 
 (N.S.) 187. 
 
 Liability of master for injury to minor ser- 
 vant who secures employment by mis- 
 representing his age. L.R.A.1915r, 
 1082. 
 
 § 51. — parent's rigbt of recovery. 
 
 Rights of parent under worlcmen's compen- 
 sation act where minor employee is in- 
 jured. L.R.A.1916A, 224. 
 
 § 52. As affected by contract. 
 
 Effect of Federal employers' liability act 
 on validity of contracts exempting 
 master from liability. 47 L.R.A. (N.S.) 
 50; L.R.A.1915C, 53. 
 
 Validity under the Federal employers' lia- 
 bility act of contract requiring notice 
 in writing. L.R.A.1915F, 551. 
 
 Effect of character of or stipulations in 
 contract on master's duty to furnish 
 medical aid to servant. L7R.A.1915C, 
 792. 
 
 § 53. .— as to option to accept bene- 
 fits from relief fund. 
 
 Validity under Federal employers' liability 
 act of stipulations as to effect of ac- 
 ceptance of benefits for injury or death 
 under contract of membership in rail- 
 way relief department. 47 L.R.A. 
 (N.S.) 50; L.R.A.1915C, 53. 
 Contracts requiring servant to elect be- 
 tween acceptance of benefits out of 
 a relief fund and a prosecution of 
 his claims in an action for dam- 
 ages. 48 L.R.A.(N.S.) 440. 
 Legal status of employees' relief de- 
 partment. 48 L.R.A.(N.S.) 440. 
 Stipulation by which it is agreed that 
 the acceptance of benefits shall be 
 a bar to a subsequent action for 
 damages. 48 L.R.A. (N.S.) 441. 
 Validity and effect. 48 L.R.A. (N.S.) 
 442. 
 Consideration. 48 L.R.A. (N.S.) 
 
 442. 
 •Public policy. 48 L.R.A. (N.S.) 
 443. 
 Consult also L.R.A.. Digests to date. 
 
 MASTER AND SERVANT, III. a, 1—oont'd. 
 Statutory inhibition. 48 L.R.A. 
 (N.S.) 443. 
 Stipulations malcing execution of re- 
 lease a condition precedent to pay- 
 ment of benefits out of a relief 
 fund. 48 L.R.A. (N.S.) 440. 
 Provisions defining the effect of in- 
 stitution of action for damages by 
 members of relief departments or 
 their representatives. 48 L.R.A. 
 (N.S.) 446. 
 Releases after the injury has been re- 
 ceived, without reference to a 
 prior contract with a relief 
 association. 48 L.R.A. (N.S.) 
 447. 
 As a bar to subsequent actions. 
 
 48 L.R.A.(N.S.) 447. 
 Consideration. 48 L.R.A.(N.S.) 
 
 447. 
 Public policy. 48 L.KA.(N.S.) 
 
 447. 
 Servant's ignorance of the con- 
 tents of the release. 48 
 L.R.A.(N.S.) 447. 
 Fraud. 48 L.R.A. (N.S.) 448. 
 Mistake of servant regarding the 
 extent of his injuries. 48 
 L.R.A.(N.S.) 449. 
 Mental capacity of servant. 48 
 
 L.R.A.(N.S.)- 450. 
 Release of master as bar to action 
 against another who ia liable. 
 48 L.R.A.(N.S.) 450. 
 Failure of master to fulfil stipula- 
 tions which were a part of 
 the consideration for the re- 
 lease. 48 L.R.A.(N.S.) 451. 
 Statutory inhibition. 48 L.R.A. 
 (N.S.) 451. 
 
 g 54. Violation of statute. 
 
 Effect of violation of hours of service law 
 on liabilitv for personal injuries. 
 L.R.A.1915D, 424. 
 Servant's assumption of risk of master's 
 breach of statutory duty. 49 L.R.A. 
 (N.S.) 471. 
 Contributory negligence as a defense to an 
 action based on the breach of the mas- 
 ter's statutory dutv. 49 L.R.A. (N.S.) 
 526. 
 Employee's right of action for employer's 
 violation of statute not expressly 
 conferring right. L.R.A.1915E, 
 500. 
 Duty of railroad company to block 
 frogs, switches or crossings. 
 L.R.A.1915E, 537. 
 Duty of railroad company to equip 
 rolling stock with safety hand and 
 foot-holds. L.R.A.1915E, 537. " 
 Building and factory laws. L.R.A. 
 1915E, 541, 547. 
 Elevators, well-holes, etc. L.R.A. 
 
 1915E, 541. 
 Fire escapes. L.R.A.1915E, 544. 
 Guards about machinery. L.R.A. 
 191 5E, 547. 
 Child labor laws. L.R.A.1915E, 554. 
 Mining. L.R.A.1915E, 557. 
 
400 
 
 INDEX TO NOTES. 
 
 MASTER AOT) SERVANT, III. a, 1— cont'd. 
 § 55. — toward minor employees. 
 
 Constitutionality and construction of child 
 labor laws, see supra, § 12. 
 
 Proximate cause of injury to minor em- 
 ployee, see Peoximate Cause, § 16. 
 
 Private action for employer's violation of 
 
 child labor laws. L.R.A.1915E, 554. 
 Employment of child in violation of statute 
 as negligence which will sustain 
 an action by the child for per- 
 sonal injuries. 48 L.E.A. (N.S.) 
 656. 
 Introductory. 48 L.R.A.(N.S.) 656. 
 View that the unlawful employment 
 is negligence per se. 48 L.R.A. 
 (N.S.) 657. 
 View that the unlawful employment is 
 only evidence of negligence. 48 
 L.E.A.(N.S.) 659. 
 View that employment under the 
 statutory age is not negligence. 
 48 L.E.A.(N.S.) 660. 
 Necessity that injury proximately 
 result from the employment. 48 
 L.R.A.(N.S.) 661. 
 Failure to procure employment cer- 
 tificate. 48 L.R.A.(N.S.) 664. 
 May one employing a minor under the stat- 
 utory age rely on contributory negli- 
 gence or assumption of risk to defeat 
 liability for personal injuries sustained 
 by the child. 48 L.R.A. (N.S.) 667. 
 Does the fact that a minor was working in 
 violation of a statute forbidding his 
 employment prevent a recovery by him 
 for personal injuries. 48 -L.R.A. (N.S.) 
 675. 
 Liability o.f master for injury to minor ser- 
 vant who secures employment by 
 misrepresenting his age. L.R.A. 
 1915F, 1082. 
 
 § 56. Employer's liability acts. 
 
 Safety appliance act, see infra, § 96. 
 
 Constitutionality, application, and effect of 
 Federal employers' liability act. 
 47 L.R.A.(N.S.) 38; L.R.A.1915C, 
 47. 
 Introduction and scope of note. 47 
 L.R.A.(N.S.) 38; L.R.A.1915C, 48. 
 Validity and construction generally. 
 
 47 L.RA.(N.S.) 39; L.R.A. 
 
 1915C, 48. 
 Constitutionality.' 47 L.R.A. ( N.S. ) 
 
 39; L.RA.1915C, 48. 
 Retroactive operation. 47 L.R.A. 
 
 (N.S.) 45; L.R.A.1915C, 48. 
 Liberal or strict construction. 47 
 
 L.R.A.(N,S.) 45; L.R.A.1915C, 
 
 48. 
 Operation and effect generally. 47 
 
 L.R.A. (N.S.) 46; 48 1 " \. 
 
 (N.S.) 987; L.E.A.1915; :3. 
 Superseding state laws. 47 L. ...A. 
 
 (N.S.) 47; 48 L.R.A.(N.S.) 
 
 988; L.R.A.1915C, 49. 
 Contracts exempting carriers from lia- 
 bility — benefit associations. 47 
 L.R.A.(N.S.) 50; L.R.A.1915C,, 53. 
 
 MASTER AND SERVANT, III. a, 1— cont'd 
 Negligence, existence of, as basis of lia 
 bility. 47 L.R.A. (N.S.) 50; L.E.A 
 1915C, 54. 
 Defects or insufficiencies in ways, cars 
 engines, appliances, etc. 47 L.R.A 
 (N.S.) 51; L.R.A.1915C, 55. 
 Scaffolding, ladders, etc. as wayg 
 works, etc. within meaning o 
 employers' liability acts. L.E.A 
 1915F, 1036. 
 Carriers and employments within th( 
 statute — interstate commerce 
 47 L.R.A. (N.S.) 52; L.E.A 
 1915C, 56. 
 Carriers embraced within the act 
 
 L.R.A.1915C, 58. 
 Application where employee is nol 
 actively at work. L.R.A 
 1915C, 58. 
 Where employee is acting outsidt 
 the scope of his employment 
 L.R.A.1915C, 60. 
 Character of employments falling 
 within the act. 47 L.R.A 
 (N.S.) 54; 48 L.R.A, 
 (N.S.) 987; L.R.A.1915C, 
 60. 
 Miscellaneous employments 
 
 L.R.A.19'15C, 60. 
 
 Employees on interstate 
 
 trains. L.R.A.1915C, 60, 
 
 Switching cars — making up 
 
 trains. L.R.A.1915C, 61. 
 
 Repairing roadbed, tracks, etc. 
 
 L.R.A.1915C, 62. 
 Repairing rolling stock. L.E.A. 
 
 1915C, 62. 
 New construction. L.R.A, 
 
 1915C, 63. 
 Installation and repair of 
 signal devices. L.R.A. 
 1915C, 64. 
 Burden of proof. L.E.A. 
 1915C, 64. 
 Defenses abrogated or modified. 47 
 L.R.A.(N.S.) 60; L.R.A.1915C, 
 65. 
 Fellow-servant doctrine. 47 L.R.A. 
 
 (N.S.) 60; L.R.A.1915C, 65. 
 Contributory negligence. 47 
 L.R.A.(N.S.) 61; 48 L.R.A, 
 (N.S.) 988; L.R.A.1915C, 65. 
 Assumption of risk. 47 L.E.A, 
 (N.S.) 62; L.R.A.1915C, 69. 
 For whose benefit the statute inures; 
 survival of action. 47 L.E.A, 
 (N.S.) 64; L.E.A.1915C, 72. 
 Employees of other companies. 47 
 L.R.A.(N.S.) 64; L.R.A.1915Q 
 72. 
 Injured employee. 47 L.R.A, 
 (N.S.) 64; L.R.A.1915C, 72. 
 In case of death of the employee 
 47 L.R.A.(N.S.) 64; 4S 
 L.R.A.(N.S.) 988; L.E.A, 
 1915C, 72. 
 Nature of action. 47 L.R.A 
 (N.S.) 64; L,R.A.1915C 
 72. 
 
 Begin with this l>oo7c on every law question. 
 
INDEX TO NOTES. 
 
 401 
 
 MASTER AND SERVANT, III. a, 1— cont'd. 
 Beneficiaries; necessity of ex- 
 istence and dependence 
 of. 47 L.R.A.(N.S.) 65; 
 L.R.A.1915C, 72. 
 Burden of proof. L.R.A.1915C, 64. 
 Nonresident alien dependent. 
 
 L.R.A.1915C, 74. 
 Next of Icin, wlio are. L.R.A. 
 
 1915C, 74. 
 Survival of the employee's ac- 
 tion. 47 L.R,A.(N.S.) 
 66; L.R.A.1915C, 74. 
 Jurisdiction. 47 L.R.A. (N.S.) 67; 
 L.R.A.1915C, 75. 
 Of Federal courts. 47 L.R.A. 
 
 (N.S.) 67. 
 Removal of causes. " 47 L.R.A. 
 (N.S.) 69; 48 L.R.A. (N.S.) 
 988. 
 Enforcement in state courts. 47 
 
 L.R.A.(N.S.) 72. 
 Enforcement in admiralty. 47 
 L.R.A.(N.S.) 73. 
 Parties. 47 L.R.A. (N.S.) 73; L.R.A. 
 1915C, 76. 
 Plaintiff. 47 L.R.A. (N.S.) 73; 
 
 L.R.A.1915C, 76. 
 Defendant. 47 L.R.A. (N.S.) 74; 
 L.R.A.1915C, 77. 
 Pleading. 47 L.R.A. (N.S.) 74; L.R.A. 
 1915C, 78. 
 Complaint, sufficiency of. 47 
 L.R.A.(N.S.) 74; 48 L.R.A. 
 (N.S.) 988; L.R.A.1915C, 78. 
 Necessity of pleading the statute; 
 judicial notice. 47 L.R.A. 
 (N.S.) 76; L.R.A.1915C, 79. 
 Answer, sufficiency of. 47 L.R.A. 
 (N.S.) 76; L.R.A.3915C, 79. 
 Practice generally. 47 L.R.A. (N.S.) 
 76; L.R.A.1915C, 79. 
 Shifting from law to law-amend- 
 ment of pleadings. L.R.A. 
 19150, 80. 
 Practice where action is brought 
 by widow in her own name. 
 L.R.A.1915C, 83. 
 Waiver of rights under the act; 
 when claim may be raised- 47 
 L.R.A.(N.S.) 76; L.R.A.19150, 
 84. 
 Election of remedies. 47 L.R.A. 
 
 (N.S.) 78. 
 Administration for sole purpose 
 of bringing action. 47 L.R.A. 
 (N.S.) 78. 
 Time within which action must 
 be brought. 47 L.R.A. (N.S.) 
 78. 
 Recovery under state law when 
 action under statute fails. 47 
 L.R.A.(N.S.) 79. 
 Final judgment in state court as 
 bar to action under statute. 
 47 L.R.A. (N.S.) 79. 
 Damages. 47 L.R.A. (N.S.) 80; L.R.A. 
 1915C, 85. 
 Elements and measure of damages. 
 47 L.R.A.(N.S.) 80; L.R.A. 
 19150, 85. 
 Consult also L.B.A. Digests to date. 
 
 MASTER AND SERVANT, IIL a, 1— cont'd. 
 Amount of damages. 47 L.R.A. 
 (N.S.) 83; L.R.A.1915C, 87. 
 
 Retroactive effect of statutes relative to 
 employers' liability for injuries to 
 servants. 44 L.R.A. (N.S.) 841. 
 
 Validity under the Federal employers' lia- 
 bility act of contract requiring notice 
 in writing. L.R.A.1915F, 551. 
 
 Limitation of application of workmen's 
 compensation statute by Federal em- 
 ployers' liability act. L.R.A. 1916A, 
 461. 
 
 § 57a. Workmen's compensation acts. 
 
 See WOEKMEN'S COMPENSA'lION. 
 
 § 58. As to medical assistance. 
 
 Authority of servant to employ for injured 
 servant, see supra, § 18a. 
 
 Master's duty to furnish medical aid to 
 
 servant. L.R.A.1915C, 789. 
 Servant's generally. L.R.A.19150, 789. 
 Under statute. L.R.A.19150, 791. 
 Specific agreements to provide medical 
 
 assistance. L.R.A.1915C, 792. 
 Power of corporation to defray the 
 
 medical expenses of their servants. 
 
 L.R.A.1915C, 793. 
 
 § 59. Liability for negligence of phy- 
 sician employed. 
 
 Authority of employee to employ physician, 
 see supra, §§18, 18a. 
 
 Liability for negligence of attendants fur- 
 nished by relief department toward . 
 which employees contribute. 48 L.R.A. 
 (N.S.) 531. 
 
 Liability of master contracting to provide 
 medical or surgical attendance for ser- 
 vant. L.R.A.1915D, 884. 
 
 § 60. Liability for services of physi- 
 cian. 
 
 Authority of employee to employ physician, 
 see supra, §§ 18, 18a. 
 
 Power of employers to defrjty the medical 
 expenses of their injured servants. 
 L.R.A.1915C, 793. 
 
 § 61. Injury while servant not at 
 ^Fork. 
 
 Effect upon master's liability for injuries to 
 servant of fact that employee was rest- 
 ing at the time of the injury. 49 
 L.R.A. (N.S.) 162. 
 
 Liability of master for injury to Servant 
 who had left his working place and 
 gone to another portion of the plant for 
 his own purposes. L.R.A.1916F, 1227. 
 
 Liability of master for injuries to servant 
 while riding on a pass. 50 L.R.A. 
 (N.S.) 706. 
 
 § 61a. Overwrork of servant. 
 
 Overwork of servant as affecting master's 
 liability for injury to him or another 
 servant. 45 L.R.A. (N.S.) 372. 
 
 43— '16F. 
 
 26 
 
-^02 
 
 IXDEX TO NOTES. 
 
 MASTER AND SERVANT, Hi. a, 1— cont'd. 
 § 63. Explosions. 
 
 Liability of master for injuries caused by 
 unexploded charge left after a blast. 
 48 L.R.A.(]Sr.S.) 931. 
 
 § 64. Ifotice of injury. 
 
 Under workmen's compensation acts. L.B.A. 
 1916A, 83, 244. 
 
 Validity under the Federal employers' lia- 
 bility act of contract requiring notice 
 in writing. L.R.A.1915F, 551. 
 
 4. As to rules and regulations for con- 
 duct of business. 
 
 § 71. Generally. 
 
 Disobedience of master's rules as contribu- 
 tory negligence, see infra, § 125. 
 
 Right of third person to complain of regu- 
 lations concerning conduct of employ- 
 ees, etc., by which he is injuriously af- 
 fected. 51 L.R.A.(N.S.) 17. 
 
 Duty of master to make rules where work 
 is of simple character. 46 L.K.A. 
 (N.S.) 233. 
 
 5. Duty to warn or instruct servant, 
 (a) In general. 
 
 § 72. Generally. 
 
 Master's duty to warn and instruct em- 
 ployee's assistant. 43 L.R.A. (N.S.) 
 185. 
 
 Duty of master to warn servant of danger 
 from automatic movements of body. 
 44 L.R.A.(N.S.) 779. 
 
 Duty to give warning where trees are being 
 felled. 46 L.R.A.(N.S.) 86. 
 
 Duty to warn servant in respect to vicious- 
 nesB of animals. L.R.A.1915B, 435. 
 
 Duty to warn trainmen as to location of 
 cars seen ahead on spurs near track. 
 47 L.R.A.(N.S.) 327. 
 
 Master's duty to warn trainmen of danger 
 from overhead structures. 47 L.R.A. 
 (N.S.) 486. 
 
 Duty of railroad company to warn watch- 
 man or flSgman of danger from pass- 
 ing trains. 48 L.R.A. (N.S.) 150. 
 
 § 74. Duty to warn against transi- 
 tory and sporadic dangers. 
 
 Duty to give warning where trees are being 
 
 felled. 46 L.R.A. (N.S.) 86. 
 Duty to warn servant of dangerous con- 
 dition of earth and rock left after 
 blasting. 48 L.R.A. (N.S.) 925. 
 Duty of railroad company to warn track 
 employees of approach of train or 
 car. L.R.A.1916F, 555. 
 Duty of foreman to give warning. 
 L.R.A.1916F, 560. 
 
 fl. Safety as to place, appliances, and 
 tools. 
 
 (a) In general. 
 
 § 79. Generally. 
 
 Violation of statutory duty as to, see supra, 
 §§ 54, 55. 
 
 Begin with this hooTc on every law question. 
 
 MASTER AND SERVANT, III. a, 6— cont'd. 
 Duty to warn or instruct servants as to, 
 
 see supra, §§ 72, 74. 
 Master's duty to inspect, see infra, § 98. 
 
 Admissibility of opinion evidence as to 
 safety of place or appliance. 51 L.R.A. 
 (N.S.) 565. 
 
 Duty of consignor or consignee to his 
 employees as to the condition of cars, 
 45 L.R.A.(N.S.) 707. 
 
 Automobile owner's liability for injury to 
 operator of car. 46 L.R.A. (N.S.) 
 1183. 
 
 Duty of master, in absence of statute, to 
 furnish place for eating luncheon. 44 
 L.R.A.(N.S.) 1102. 
 
 Liability of master for injuries caused by 
 defective conditions or appliances 
 which are not dangerous. 47 L.R.A. 
 (N.S.) 1142. 
 
 Liability of master for injury to employee's 
 assistant. 43 L.R.A. (N.S.) 181. 
 
 Is ordinance requiring covering of side- 
 walk where building is in process of 
 construction, for benefit of servants. 
 45 L.R.A.(N.S.) 550. 
 
 Duty of master to protect servant from 
 material rolling down hillside. 46 
 L.R.A.(N.S.) 629. 
 
 Duty of master with respect to premises of 
 stranger onto which he sends his serv- 
 ant to work. 45 L.R.A. (N.S.) 271. 
 
 Liability of master for dangerous condition 
 created by third person near place of 
 work. 45 L.R.A.(N.S.) 295. 
 
 Liability of manufacturer to servant witli 
 respect to automobile testing track. 49 
 L.R.A.(N.S.) 883. 
 
 Duty and liability to servant in respect to 
 animals owned or used by master. 
 L.R.A.1915B, 433. 
 
 § 80. Changing conditions; making 
 repairs. 
 
 Liability of master for injuries due to 
 dangerous condition of earth and rock 
 left after blasting. 48 L.R.A. (N.S.) 
 925. 
 
 § 81. Tools. 
 
 Liability of master for injury from defect 
 in simple tooL 51 L.R.A. (N.S.) 337. 
 
 § 82. Flying splinters. 
 
 Liability of master for injuries caused by 
 splinters flying from hammers or chis- 
 els, punches, and other similar tools. 
 51 L.R.A.(N.S.) 337. 
 
 § 83. radders. 
 
 Liability of master for injury to servant 
 by defective ladder not forming part 
 of structure. 51 L.R.A. (N.S.) 337. 
 
 Ladders as ways, works, etc. within mean- 
 ing of employers' liability acts. L.R.A. 
 1915F, 1038. 
 
 § 84. ScaiTolds. . 
 
 Scaffolding, etc. as ways, works, etc. within 
 meaning of employers' liability acts. 
 L.R.A.1915P, 1036. 
 
INDEX TO NOTES. 
 
 403 
 
 MASTER AND SERVANT, III. a, 6— cont'd.. 
 § 85. Elevators. 
 
 Employee's riglit of action for employer's 
 violation of statute as to guarding ele- 
 vators and shafts. L.R.A.1915E, 541. 
 
 § 86. Electricity. 
 
 Master's duty to linemen and other em- 
 ployees to prevent contact of wires car- 
 rying electric current. 52 L.R.A.fN.S.) 
 600. 
 
 § 87. Statutory liability for defects 
 in comdition of plant. 
 
 Application and effect of Federal employ- 
 ers' liability act. L.R.A.1915C, 55. 
 What constitutes "ways" within meaning 
 of Federal employers' liability act. 47 
 I..R.A.(N.S.) 51. 
 Scaffolding, ladders, etc., as ways, works, 
 etc., within the meaning of the 
 employers' liability acts. L.R.A. 
 1915F, 1036. 
 Scaffolding, staging, etc. L.R.A. 
 
 1915F, 1036. 
 Ladders. L.R.A.1915F, 1038. 
 Miscellaneous appliances. L.R.A. 
 
 1915F, 1039. 
 Parts of building used in common by all 
 tenants as part of works and ways of 
 particular tenant within employers' 
 liability act. 44 L.R.A. (N.S.) 1123. 
 
 (h) Machinery. 
 
 § 88. Generally. 
 
 Unexplained starting of machinery as evi- 
 dence of negligence. 44 L.R.A. (N.S.) 
 1050. 
 
 § 90. Guarding machinery. 
 
 Employee's riglit of action for employer's 
 violation of statutory duty as to guards 
 about machinery. L.R.A J915E, S47. 
 
 Does statute requiring guarding of ma- 
 chinery apply to portable machines. 
 45 L.R.A.(N.S.) 687. 
 
 Liability of master where statutory guards 
 on machinery have been removed and 
 not replaced. 45 L.R.A. (N.S.) 128. 
 
 Applicability of statutes requiring machin- 
 ery or other dangerous appliances or 
 places to be guarded to persons who 
 voluntarily come in contact therewith. 
 44 L.R.A. (N.S.) 1061. 
 
 Duty of master to guard against employee's 
 hair being caught in machinery. 48 
 L.R.A. (N.S.) 834. 
 
 (c) In mines. 
 
 § 91. Generally. 
 
 Employee's right of action for employer's 
 violation of mining acts. L.R.A.1915E, 
 557. 
 
 (d) Railroad and street railway cases. 
 
 % 92. Generally. 
 
 Obligation of railroad company to employees 
 
 as to fencing tracks. L.R.A.1916E, 207. 
 
 Consult also L.R.A.. Digests to date. 
 
 MASTER AND SERVANT, III. a, 6— cont'd. 
 Liability of railroad to trainmen injured 
 by overhead structure. 47 L.R.A. 
 (N.S.) 483. 
 Bridges. 47 L.R.A. (N.S.) 483. 
 
 Maintenance of low bridges as neg- 
 ligence. 47 L.R.A.(N.S.) 483. 
 Master's duty to warn; telltales, 
 
 etc. 47 L.R.A. (N.S.) 486. 
 Effect of statutes. 47 L.R.A. ( N.S. ) 
 
 488. 
 Necessity of proving that bridge 
 caused the accident. 47 L.R.A. 
 (N.S.) 489. 
 Assumption of risk. 47 L.R.A. 
 
 (N.S.) 489. 
 Contributory negligence. 47 L.R.A. 
 
 491. 
 Momentary forgetfulness; emer- 
 gency. 47 L.R.A. (N.S.) 494. 
 When knowledge of the danger of 
 low bridges will be imputed to 
 the servant. 47 L.R.A.(N.S.) 
 495. 
 Tunnels. 47 L.R.A. (N.S.) 497. 
 Other obstructions. 47 L.R.A. (N.S.) 
 497. 
 Wires. 47 L.R.A. (N.S.) 497. 
 Derricks. 47 L.R.A. (N.S.) 498. 
 Waterspouts, etc. 47 L.R.A. (N.S.) 
 
 498. 
 Pipes. 47 L.R.A.(N.S.) 499. 
 Trees. 47 L.R.A. (N.S.) 499. 
 Liability of railroad company to watchman 
 or flagman for injuries caused by 
 passing trains. 48 L.R.A. (N.S.) 
 150. 
 Nature of duty owed to flagmen by 
 railroad company. 48 L.R.A. 
 (N.S.) 151. 
 Contributory negligence. 48 L.R.A. 
 (N.S.) 153. 
 Acts committed In emergencies. 48 
 L.R.A.(N.S.) 154. 
 Fellow-servant rule. 48 L.R.A.(N.S.) 
 
 155. 
 Miscellaneous cases. 48 L.R.A. (N.S.) 
 155. 
 Liability of railroad company for injuries 
 to employee by object thrown from 
 train by train employee in course of 
 his duty. 52 L.R.A. (N.S.) 1117. 
 Liability of railroad company to employees 
 for injuries caused by defects in road- 
 bed caused or accompanied by rainfall. 
 49 L.R.A. (N.S.) 198. 
 Liability of railroad company for injuries 
 to servant caused by leaving material 
 near track which may be thrown on to 
 trade by outside forces. 52 L.R.A. 
 (N.S.) 1115. 
 Duty of railroad company to maintain 
 safeguards to prevent employees 
 from falling off or through bridges, 
 culverts, etc. 50 L.R.A. (N.S.) 
 548. I 
 
 Bridges and other elevations. 50 L.R.A. 
 
 (N.S.) 548. 
 Open culverts. 50 L.R.A. (N.S.) 549. 
 Open cattle guards. 50 L.R.A. (N.S.) 
 550. I 
 
404 
 
 INDEX TO NOTES. 
 
 MASTER AND SERVANT, III. a, 6— cont'd. 
 
 Liability to servant in charge of a train 
 or oar as affected by his duty to keep 
 schedule time. L.R.A.1916E, 268. 
 
 Duty to keep lookout for trackmen. L.R.A. 
 1916r, 564. 
 
 Hand car as a car within meaning of stat- 
 ute. L.R.A.1915A, 817. 
 
 ^ 93. Condition of cars. 
 
 Statutory requirements as to safety ap- 
 pliances, see infra, § 96. 
 
 Duty of cbnsignox' or consignee to his em- 
 ployees as to condition of cars. 45 
 L.R.A.(N.S.) 707. 
 Liability of railroad company to employee 
 
 for injuries caused by defectively 
 
 loaded car. 49 L.R.A. (N.S.) 1011. 
 Defective stakes. 49 L.R.A. (N.S.) 
 
 1012. 
 Car loaded by shipper. 49 L.R.A. 
 
 (N.S.) 1014. 
 Assumption of risk and contributory 
 
 negligence. 49 L.R.A. (N.S.) 1014. 
 
 § 94. Switches. 
 
 § 95. —failure to block. 
 
 Employee's right of action for employer's 
 violation of statute as to blocking frogs 
 and switches. L.R.A.1915E, 537. 
 
 § 96. Safety appliance acts. 
 
 State statute as to safety appliances as in- 
 terference with interstate commerce. 
 52 L.R.A.(N.S.) 269. 
 
 Employee's right of action for employer's 
 violation of statute as to equipping 
 rolling stock with safety hand and 
 footholds. L.R.A.1915E, 537. 
 
 (e) Inspection. 
 
 § 98. Generally. 
 
 Duty to examine condition of earth and 
 rocks left after blasting. 48 L.R.A. 
 (N.S.) 925. 
 
 7. Selection, employment, and reten- 
 tion of fellow servants. 
 
 § 104. Generally. 
 
 Right of servant to rely on promise of mas- 
 ter to discharge incompetent or care- 
 less fellow servant. 47 L.R.A. (N.S.) 
 1220. 
 
 § 105. Liability of master for inju- 
 ries caused by incompetency of 
 fellour servant. 
 
 Assumption of risk by servant of dangers 
 from employment of incompetent ser- 
 vant. L.R.A.1916F, 1212. 
 
 Employment of persons having habits of 
 intoxication. 47 L.R.A. (N.S.) 742. 
 
 § 106. Employing sufficient number 
 of servants. 
 
 Full crew acts. 49 L.R.A. (N.S.) 977. 
 
 Constitutionality. 49 L.R.A. (N.S.) 
 
 978. 
 Application. 49 L.R.A. (N.S.) 979 
 
 Begin with this booTc on every laiv question. 
 
 MASTER AND SERVANT, III. a— cont'd. 
 *. Liability to volunteer, em/ployee's as- 
 sistant, or servants of tJiird persons. 
 
 § 107, Generally. 
 
 Assumption of risk by volunteer, see infra,. 
 § 121. 
 
 Liability of master for injury to volunteer., 
 43 L.R.A.(N.S.) 187; L.R.A.1915F, 
 1125. 
 
 Where person assisting acts in further- 
 ance of his own interests. 43 
 L.R.A.(N.S.) 190. 
 
 Minors. 43 L.R.A. (N.S.) 191. 
 Liability of master for injury to employee's 
 assistant. 43 L.R.A. (N.S.) n». 
 
 Safety of place. 43 L.R.A. (N.S.) 181. 
 
 Safety of instrumentalities. 43 L.R.A. 
 (N.S.) 184. . 
 
 Duty to warn and instruct. 43 L.R.A. 
 (N.S.) 185. 
 
 Fellow servants. 43 L.R.A. (N.S.) 186. 
 
 § 108a. Servants of tbird persons. 
 
 Liability for injury to servants of independ- 
 ent contractor, see infra, § 202. 
 
 Liability of landlord for injury to employee 
 of tenant, see Landlord and Tenant, 
 IV. d, 4. 
 
 Liability for injury by electric shock to em- 
 ployee of another company while on de- 
 fendant's pole, where pole is used joint- 
 ly. 45 L.R.A.(N.S.) 303. 
 
 Liability under Federal employer's liabil- 
 ity act for injury to employees of other 
 companies. L.R.A.1915C, 72. 
 
 b. AjSsurwption of risTc, 
 
 § 109. Generally. 
 
 Assumption of risk of changing conditions, 
 see supra, § 80. 
 
 Abrogation of defense of assumption of risk 
 by Federal employers' liability act. 47 
 L.RA..(N.S.) 62; L.R.A.1915C, 69. 
 
 § 111. Various risks- assumed in gen- 
 eral. 
 
 Assumption of risk of injury due to ser- 
 vant's physical unfitness for the work. 
 L.R.A.1915E, 369. 
 
 Assumption of risk by servant of dangers 
 from employment of incompetent ser- 
 vant. L.R.A.1916F, 1212. 
 
 Assumption of risk by an employee of dan- 
 gers arising from a change of appli- 
 ances. L.R.A.1916D, 1210. 
 
 Assumption of danger of heat prostration. 
 L.R.A.1915E, 613. 
 
 Servant's assumption of risk in respect to 
 animals owned or used by master. 
 L.R.A.1915B, 435. 
 
 Assumption of risk by servant riding in au- 
 tomobile. 46 L.R.A. (N.S.) 1183. 
 
 Servant's assumption of risk of danger from 
 fall of piles or stacks of material. 47 
 L.R.A.(N.S.) 266. 
 
INDEX TO NOTES. 
 
 405 
 
 MASTER ANB SERVANT, III. h— cont'd. 
 Assumption of risks arising from failure to 
 
 fence railroad tracks. L.R.A.1916E, 
 
 209. 
 Assumption by trainman of risk of injury 
 
 by overhead structures. 47 L.R.A. 
 
 (N.S.) 489. 
 Assumption by train employee of risks due 
 
 to defects in track or roadbed. 49 
 
 L.R.A.(N.S.) 5.17. 
 Assumption of risk from defectively loaded 
 
 car. 49 L.R.A. (N.S.) 1014. 
 Assumption of risk of injury from defect 
 
 in simple tool. 51 L.R.A. (N.S.) 337. 
 
 § 113. As affected by servant's knowl- 
 edge and appreciation of danger; 
 obvious dangers; latent defects. 
 
 Is employee chargeable with l<nowledge of 
 danger of back fire from furnace. 45 
 L.R.A.(N.S.) 658. 
 
 When knowledge of danger of low bridge 
 will be imputed to trainman injured 
 thereby. 47 L.R.A. (N.S.) 495. 
 
 Dangers arising from a change of appli- 
 ances. L.R.A.1916D, 1210. 
 
 § 115. Of master's breacb of statu- 
 tory duty. 
 
 Risk not assumed. 49 L.R.A. (N.S.) 472. 
 Risks assumed. 49 L.R.A. (N.S.) 473. 
 Special statutory provision. 49 L.R.A. 
 (N.S.) 473. 
 
 § 119, Continuing work on master's 
 promise to remove a specific cause 
 of danger; promise to repair. 
 
 Right of servant to rely on promise of mas- 
 ter to discharge incompetent or care- 
 less fellow servant. 47 L.R.A. (N.S.) 
 1220. 
 
 Effect of promise to repair not made with 
 reference to servant's safety. 45 L.R.A. 
 (N.S.) 363. 
 
 § 121. Assumption by volunteer. 
 
 Master's liability for injury to volunteer, 
 see supra, § 107. 
 
 Generally. 43 L.R.A. (N.S.) 187. 
 
 § 122. By minor employee. 
 
 Master's liability for injury to minor em- 
 ployee, see supra, §§ 50, 55. 
 
 May one employing a minor under the stat- 
 utory age rely on assumption of risk 
 to defeat liability for personal injuries 
 sustained by the child. 48 L.R.A. 
 (N.S.) 667. 
 
 c. Contributory negligence. 
 
 § 123. Generally. 
 
 Abrogation of defense of contributory negli- 
 gence by Federal employers' liability 
 act. 47 L.R.A.(N.S.) 61; 48 L.R.A. 
 (N.S.) 987; L.R.A.1915C, 65. 
 Contributory negligence as a defense to an 
 action based on a breach of the 
 master's statutory duty. 49 L.R.A. 
 fN.S.) 526. 
 Consult also L.R.A. Digests to date. 
 
 MASTER AND SERVANT, III. c— cont'd. 
 Limits to doctrine that contributory 
 negligence is defense to action. 49 
 L.R.A.(N.S.) 530. 
 
 Contributory negligence of servant in un- 
 dertaking work for which he is phys- 
 ically unfit. L.R.A.1915E, 369. • 
 
 Contributory negligence as affected by il- 
 legal or negligent custom of servants. 
 47 L.R.A.(N.S.) 909. 
 
 Right of servant on railroad track to rely 
 on custom to move trains on certain 
 track only in one direction. L.R.A. 
 1916D, 708. 
 
 Contributory negligence of servant injured 
 by dangerous condition of earth and 
 rock left after blasting. 48 L.R.A. 
 (N.S.) 927. 
 
 Contributory negligence of servant injured 
 by animal owned or used by master. 
 L.R.A.1915B, 435. 
 
 Contributory negligence in relying on pres- 
 ence of step or hand hold on engine or 
 car. 45 L.R.A. (N.S.) 359. 
 
 Contributory negligence of trainman injured 
 by overhead structure. 47 L.R.A. 
 (N.S.) 494. 
 Momentary f orgetfuluess ; emergency. 
 
 47 L.R.A.(N.S.) 494. 
 When knowledge of danger of low 
 bridges will be imputed to servant. 
 47 L.R.A.(N.S.) 495. 
 
 Negligence in going, without previous no- 
 tice, under or between cars liable to be 
 moved at any time. 46 L.R.A. (N.S.) 
 877. 
 
 Contributory negligence of employee in run- 
 ning ahead of car or train in perform- 
 ance of his work. 52 L.R.A. (N.S.) 
 443. 
 
 Contributory negligence of watchman or 
 flagman injured by passing trains. 48 
 L.R.A.(N.S.) 152. 
 
 Contributory negligence of railroad em- 
 ployee injured by defects in roadbed 
 caused or accompanied by rainfall. 49 
 L.R.A.(N.S.) 205. 
 
 Contributory negligence of employee in- 
 jured on defectively loaded car. 49 
 L.R.A.(N.S.) 1014. 
 
 § 124. Minor employees. 
 
 Master's liability for injury to minor em- 
 ployee, see supra, §§ 50, 55. 
 
 May one employing child under statutory 
 age rely on contributory negligence to 
 defeat liability for personal injuries 
 sustained by the child. 48 L.R.A. ( N.S. ) 
 667. 
 
 Does the fact that a minor was working in 
 violation of a statute forbidding his 
 employment prevent a recovery by him 
 for personal injuries. 48 L.R.A. (N.S.) 
 675. 
 
 § 125. Disobedience of master's rules, 
 as. 
 
 Master's duty as to rules and regulations, 
 see supra, § 71. 
 
406 
 
 INDEX TO NOTES. 
 
 MASTER AND SERVANT, III. c— cont'd. 
 
 Liability to servant in charge of a train 
 or car as affected by his duty to keep 
 schedule time. L.R.A.1916E, 268. 
 
 128. In entering 
 employment. 
 
 or remaining in 
 
 § 130. — effect of master's promise to 
 repair or remove dangerous con- 
 dition. 
 
 Right of servant to reply on promise of 
 master to discharge incompetent or 
 careless fellow servant. 47 LJR.A. 
 (N.S.) 1220. 
 
 d. Fellow servants. 
 
 1. In general, 
 (a) Generally, 
 
 § 132. Generally. 
 
 Master's duty as to selection and reten- 
 tion of fellow servants, see supra, §§ 
 104, 105. 
 
 Master's duty to employ sufBcient number 
 of servants, see supra, § 106. 
 
 Master's liability for injury due to negli- 
 gence of fellow servant in mine, see 
 Mines, § 41. 
 
 Imputing servant's negligence to fellow ser- 
 vant. L.R.A.1915A, 762. 
 
 Right of servant to rely on promise of mas- 
 ter to discharge incompetent or careless 
 fellow servant. 47 L.R.A.(N.S.) 1220. 
 
 Overwork of servant as affecting master's 
 liability for injury to him or another 
 servant. 45 L.R.A.(N.S.) 372. 
 
 (0) 
 
 Fellow servant rule as affected ty 
 statute. 
 
 § 135. Generally. 
 
 Abrogation of defense of fellow-servant doc- 
 trine by Federal employers' liability 
 
 act. 47 L.R.A.(N.S.) 60; L.R.A.1915C, 
 
 65. 
 Constitutionality of statutes abrogating the 
 fellow-servant rule. 47 L.R.A. 
 (N.S.) 84. 
 
 Alabama. 47 L.R.A.(N.S.) 84. 
 
 Arkansas. 47 L.R.A.(N.S.) 84. 
 
 California. 47 L.R.A.(N.S.) 85. 
 
 Colorado. 47 L.R.A.(N.S.) 86. 
 
 Florida. 47 L.R.A.(N.S.) 86. 
 
 Indiana. 47 L.R.A.(N.S.) 86. 
 
 Iowa. 47 L.R.A.(N.S.) 87. 
 
 Michigan. 47 L.R.A.(N.S.) 87. 
 
 Mississippi. 47 L.R.A.(N.S.) 88, 
 
 Missouri. 47 L.R.A.(N.S.) 88. 
 
 Nebraska. 47 L.R.A.(N.S.) 89. 
 
 North Carolina. 47 L.R.A.(N.S.) 89. 
 
 Oklahoma. 47 L.R.A.(N.S.) 89. 
 
 South Dakota. 47 L.E.A.(N.S.) 90. 
 
 Texas. 47 L.E.A.(N.S.) 90. 
 
 Virginia. 47 L.R.A.(N.S.) 90. 
 
 Wisconsin. 47 L.R.A.(N.S.) 91. 
 
 Conclusion. 47 L.R.A.(N.S.) 92. 
 
 Begin with this toojc on every law question. 
 
 MASTER AND SERVANT, III. d,_l— oo»*'<i 
 Employees and employments within the pui 
 
 view of statutes abrogating th 
 
 fellow-servant rule. 47 L.R.^ 
 
 (N.S.) 113. 
 Construction work. 47 L.R.A.(N.S.' 
 
 114. 
 Loading and unloading cars. 47 L.R.A 
 
 (N.S.) 115. 
 Handcars. 47 L.R.A.(N.S.) 116. 
 Repairing tracks. 47 L.R.A.(N.S.) 116 
 Employees in shops, etc. 47 L.R.A 
 
 (N.S.) 117. 
 Employees in yards. 47 L.R.A.(N.S.l 
 
 117. 
 Miscellaneous occupations. 47 L.E.A 
 
 (N.S.) 117. 
 Injuries caused by moving trains. 4' 
 
 L.R.A.(N.S.) 118. 
 Particular statutory provisions. 4i 
 
 L.R.A.(N.S.) 119. 
 Statutes excepting employees in shopi 
 
 and factories. 47 L.R.A. (N.S.) 
 
 119. 
 "Rule of haste" in Minnesota. 41 
 
 L.R.A.(N.S.) 120. 
 Train employee charged with duty of sig 
 naling engineer as vice principal undei 
 the employers' liability acts. 52 L.E.A 
 (N.S.) 1142." 
 Applicability to private railroad of stat 
 utes abrogating or modifying the fel 
 low-servant rule as to railroads, it 
 L.R.A.(N.S.) 841. 
 Hand car as a car within meaning of stat 
 ute. L.R.A.1915A, 817. 
 
 (d) Who are fellow servants generally, 
 
 § 136. Generally. 
 
 Employee's assistant as fellow servant oi 
 
 other employees. 43 L.R.A. (N.S.) 186 
 
 Train employees as fellow servants of em 
 
 ployees being carried to or fron 
 
 their work on the train. 52 L.E.A 
 
 (N.S.) 1106. 
 
 Different-department doctrine. 52 
 
 L.R.A.(N.S.) nil. 
 
 § 136a. Applicability of fellow-serv- 
 ant rule as between trainmen and 
 other railiray employees. 
 
 Trainmen on regular train. 52 L.E.A 
 (N.S.) 1084. 
 Generally. 52 L.R.A. (N.S.) 1084. 
 Different-department doctrine. 6S 
 L.E.A.(N.S.) 1085. 
 Conductor. 52 L.R.A. (N.S.) 1085. 
 Different-department doctrine. 55 
 L.R.A.(N.S.) 1086. 
 Engineer. 52 L.R.A. (N.S.) 1086. 
 
 Different-department doctrine. 65 
 L.R.A.(N.S.) 1088. 
 Firemen. 52 L.R.A. (N.S.) 1089. 
 
 Different-department doctrine. 5S 
 L.R.A.(N.S.) 1089. 
 Brakemen. 52 L.R.A. (N.S.) 1090. 
 
 Different-department doctrine. 5i 
 L.R.A.(N.S.) 1090. 
 len. 52 L.R.A. (N.S.) 1090. 
 
INDEX TO NOTES. 
 
 407 
 
 MASTER AND SERVANT, III. d, 1— cont'd. 
 Members of switch crews. 52 L.E.A. (N.S.) 
 1090. 
 Where the injured servant is a car in- 
 spector, car repairer, switchman, 
 etc. 52 L.R.A.(N.S.) 1090. 
 Other employees injured. 52 L.R.A. 
 (N.S.) 1092. 
 Different-department doctrine. 52 
 L.R.A.(N.S.) 1092. 
 Crews of construction trains. 52 L.R.A. 
 (N.S.) 1092. 
 Different-department doctrine. 52 
 L.R.A. 1094. 
 Car hostlers. 52 L.R.A. (N.S.) 1094. 
 
 Different-department doctrine. 52 
 L.R.A. (N.S.) 1094. 
 Motormen. 52 L.R.A. (N.S.) 1094. 
 Car starter. 52 L.R.A.(N.S.) 1095. 
 Car inspector. 52 L.R.A. (N.S.) 1095. 
 Car inspector charged with duty of inspect- 
 ing foreign cars. 52 L.R.A. (N.S.) 1098. 
 Car repairers. 52 L.R.A. (N.S.) 1100. 
 Road master. 52 L.R.A. (N.S.) 1101. 
 Track repairers, track laborers, section 
 hands, etc. 52 L.R.A. (N.S.) 1101. 
 Different-department doctrine. 52 
 L.R.A.(N.S.) 1103. 
 Track inspectors. 52 L.R.A.(N.S.) 1103. 
 Switchmen. 52 L.R.A. (N.S.) 1104. 
 Flagmen and gatemen. 52 L.R.A. (N.S.) 
 
 1104. 
 Superintendent. 52 L.R.A. (N.S.) 1104. 
 Train master. 52 L.R.A. (N.S.) 1105. 
 Station agents. 52 L.R.A. (N.S.) 1105. 
 Employees of whatever grade charged with 
 original construction. 52 L.B.A. ( N.S. ) 
 1105. 
 Employees charged with the dutv of loading 
 
 cars. 52 L.R.A. (N.S.) 1106. 
 Miscellaneous employees. ' 52 L.R.A. (N.S.) 
 1106. 
 
 (e) For what acts of fellow servant 
 -master is liable. 
 
 § 13r. Generally. 
 
 For what acts of superior servant master 
 is liable, see infra, § 152. 
 
 Liability of master for injuries inflicted 
 upon an employee maliciously or 
 in sport by other employees. 52 
 L.R.A.(N.S.) 385. 
 Assault. 52 L.R.A. (N.S.) 388. 
 
 3. Common em/ploym.ent, apart from 
 statute, where no question as to vice 
 principalship. 
 
 § 139. Generally. 
 
 Persons operating train as fellow servants 
 of watchman or flagman injured there- 
 by. 48 L.E.A. (N.S, ) 155. 
 
 Employee throwing object from train in 
 
 course of his duty as fellow servant of 
 
 employee struck thereby. 52 L.R.A. 
 
 (N.S.) 1117. 
 
 Consult also L.B.A. Digests to date. 
 
 MASTER AND SERVANT, III. d, 2— cont'd. 
 
 § 142. Theory that common employ- 
 ment depends on identity of de- 
 partments or work or consocia- 
 tion of duties. 
 
 Train employees and employees being car- 
 ried to or from their work on the train. 
 52 L.R.A.(N.S.) nil. 
 
 Telegraph operators and train employees. 
 52 L.R.A.(N.S.) 1127. 
 
 3. Vice principal; superior servant, 
 (a) In general. 
 
 § 144, Generally. 
 
 Starting machinery as act of vice principal 
 or fellow servant. 46 L.R.A. (N.S.) 
 766. 
 At common law. 46 L.R.A. (N.S.) 766. 
 Under statutes. 46 L.R.A. (N.S.) 772. 
 Train employees charged with duty of sig- 
 naling engineer as vice principal under 
 the employers' liability acts. 52 L.R.A. 
 (N.S.) 1142. 
 
 (b) Considered with reference to rank 
 of superior servant. 
 
 § 149. Train despatcher, telegraph 
 operator and block signal opera- 
 tors as felloiv servants of train- 
 men. 
 
 Telegraph operators as fellow servants of 
 train employees. 52 L.R.A. (N.S.) 
 1123. 
 Different-department doctrine. 52 
 L.R.A.(N.S.) 1127. 
 Block-signal operators as fellow servants of 
 trainmen. 52 L.R.A. (N.S.) 1127. 
 
 § 150. When conductor deemed co- 
 servant of other railway em- 
 ployees. 
 
 Conductor as fellow servant of track men. 
 52 L.R.A.(N.S.) 1085. 
 
 § 152. Statutory liability for negli- 
 gence of employees exercising 
 superintendence. 
 
 Liability of master for negligence of super- 
 vising employee in mine for acts done 
 outside the scope of his statutory duty. 
 48 L.R.A.(N.S.) 938. 
 
 IV. Liability of master to third person. 
 
 a. For acts of servants or agents. 
 
 1. In general. 
 
 % 170. Generally. 
 
 Liability as affected by question whether re- 
 lation exists, see supra, §§ 21, 22. 
 
 Liability of carrier for torts of servants, see 
 Cabeiebs, §§ 10a, 14, 15a, 30-34, 53. 
 
 Criminal responsibility for acts of servants, 
 see Criminal Law, § 29; Intoxicat- 
 ing LiyuoES, § 23. 
 
 Punitive damages for act of servant, se& 
 Damages, § 14. 
 
408 
 
 TNDEX TO NOTES. 
 
 MASTER AND SERVANT, IV. a, 1— cont'd. 
 Liability for negligence of nurse or at- 
 tendant at hospital, see HospiTAts, § 4. 
 
 Imputing servant's negligence to master. 
 L.R.A.1915A, 763. 
 
 Care necessary in selection of person op- 
 erating passenger elevator. L.R.A. 
 1915E, 726. 
 
 Liability of master for negligent injury to 
 third person through personal contact 
 with servant. 47 L.R.A. (N.S.) 142. 
 
 Liability of owner of vehicle for injury to 
 child invited to ride by driver. 46 
 L.R.A.(N.S.) 199. 
 
 Liability of master other than carrier for 
 wrongful acts of servant in ejecting 
 person from premises. 47 L.R.A. (N.S.) 
 959. 
 
 Liability of private person or corporation 
 for acts of special police officer ap- 
 pointed by public authority. 43 L.R.A. 
 (N.S.) 1164; L.R.A.1915C, 1183. 
 
 § 171. Liability of particular kinds 
 of employers. 
 
 Liability of carrier for acts of servant, see 
 Caebiers, §§ 10a, 14, 15a, 30-34, 53. 
 
 Liability of charitable institution, see 
 Chaeitt, § 12. 
 
 Liability of county, see Cotjnties, § 8. 
 
 Liability of hospitals, see Hospitals, § 4. 
 
 Liability of municipality for negligence of 
 its officers or employees, see Municipal 
 
 COEPOEATIONS, § 81. 
 
 Duty and liability of garage keeper to own- 
 er of ear for acts of servant. 45 L.R.A. 
 (N.S.) 314. 
 
 Responsibility of infant for tort of his 
 servant or agent. 51 L.R.A. (N.S.) 
 1092. 
 
 Personal liability of highway officers for 
 acts of their employees. 52 L.R.A. 
 (N.S.) 151. 
 
 Liability of school corporation for torts of 
 employees. 49 L.R.A. (N.S.) 1026. 
 
 Liability of bailee (other than a common 
 carrier or innkeeper-) for' theft com- 
 mitted by servant. 4 B. R. C. 562. 
 
 Liability of postmaster or mail contractor 
 for mail lost or stolen through acts of 
 subordinates. L.R.A.1915A, 374. 
 
 § 172. Assault, abuse. 
 
 Liability of carrier for assault by employee 
 on passenger, see Cakbiees, § 14. 
 
 Liability of master for abusive language 
 
 by servant toward third person. L.R.A. 
 
 1915E, 516. 
 Liability for assault or abuse by employees 
 
 at place of amusement. L.R.A.1916E, 
 
 914. 
 Liability of master for assault by servant 
 
 or agent in collecting debts. 51 L.R.A. 
 
 (N.S.) 920. 
 Master's liability for injuries by assault 
 
 on employee by other employees. 52 
 
 L.R.A. (N.S.) 388. 
 
 Begin with this 'boolc on every law question. 
 
 MASTER AND SERVANT, IV. a, I— cont'd. 
 § 173. Arrest, imprisonment, or ma- 
 licious prosecution. 
 
 Carrier's liability for arrest of passenger 
 by employee, see Cakriers, § 15a. 
 
 Liability of private person or corporation 
 for acts of special police officer ap- 
 pointed by public authority. 43 L.R.A. 
 (N.S.) 1164; L.R.A.1915C, 1183. 
 
 Liability of principal for malicious prose- 
 cution, false arrest, or false imprison- 
 ment by agent authorized to collect a 
 debt. 51 L.R.A.(N.S.) 471. 
 
 Liability of master for arrest or false im- 
 prisonment by servant employed as 
 detective, policeman, or watchman. 
 L.R.A.1916F, 1249. 
 
 § 174. Slander or libel. 
 
 Punitive damages for libel by servant. 48 
 
 L.R.A. (N.S.) 62. 
 Liability of master for slander by servant. 
 
 L.R.A.1916E, 774. 
 Liability of employer other than proprietor 
 of publication, for libel by em- 
 ployee. L.R.A.1915D, 867. 
 Liability of corporation for libel. 
 L.R.A.1915D, 867. 
 Evidence as to employee's author- 
 ity. L.R.A.1915D, 868. 
 Publication relative to former em- 
 ployees. L.R.A.1915D, 869. 
 Publications concerning competitor 
 and advancement of employ- 
 er's business. L.R.A.1915D, 
 870. 
 Publication for which employee 
 furnished data. L.R.A.1915D, 
 871. 
 Personal acts of employee. L.R.A. 
 
 1915D, 872. 
 For libelous protest by notary. 
 L.R.A.1915D, 872. 
 Liability of employers other than cor- 
 porations. L.R.A.1915D, 872. 
 
 § 175. Sportive acts. 
 
 Master's liability for injuries inflicted on 
 employee in sport by other employees. 
 52 L.R.A. (N.S.) 385. 
 
 § 176. Malicious acts. 
 
 Master's liability for injuries maliciously 
 inflicted on employee by other employ- 
 ees. 52 L.R.A.(N.S.) 385. 
 
 § 177. Dangerous agency. 
 
 Liability of master for act of servant in set- 
 ting out fire while clearing land. 47 
 L.R.A.(N.S.) 1116. 
 
 Liability of owner of ai^tomobile upon the 
 ground of dangerous agency for injur- 
 ies inflicted while other person is driv- 
 ing car for his own purpose. L.E.A. 
 1915D, 691; L.R.A.1916E, 1295. 
 
 § ISO. Effect of servant's acts on 
 question of contributory negli- 
 gence of person injured. 
 
 Negligence in alighting from moving train 
 by direction or invitation of those in 
 charge. L.R.A.1915C, 184. 
 
INDEX TO NOTES. 
 
 409 
 
 MASTER AND SERVANT, IV. a.—confd. 
 
 S. Scope of employment; disobedience 
 of orders. 
 
 § 181. Generally. 
 
 Making prima facie case of responsibility 
 for negligence of driver of automobile 
 by proof of defendant's ownership of 
 car or employment of driver. 46 L.R.A. 
 (N.S.) 1091. 
 Liability of master for damages by fire 
 started by servant for his own purposes 
 but incidental to work. 49 L.R.A. 
 (N.S.) 544. 
 Liability of master where servant invites 
 or permits children to ride on en- 
 gine or cars. L.R.A.1915E, 888. 
 Scope of employment. L.R.A. 1915E, 
 892. 
 Steam cars. L.R.A.1915E, 892. 
 Hand cars. L.R.A.1915E, 893. 
 Street cars. L.R.A.1915E, 895. 
 
 S, 182. Servant engaged in his ourn 
 business or pleasure. 
 
 Liability of owner for injuries by automo- 
 bile when used by servant for his own 
 business or pleasure. 47 L.R.jV.(N.S.) 
 ee*; L.R.A.1916A, 957. 
 
 Liability of owner upon ground of danger- 
 ous agency, or of negligence in intrust- 
 iiig car to incompetent or negligent 
 person, for injuries inflicted while lat- 
 ter is operating car for his own pur- 
 pose. L.R.A.1916D, 691; L.R.A.1916E, 
 1295. 
 
 6. For acts of independent contractors. 
 1. In general. 
 
 S 185. Generally. 
 
 Liability of contractor, see infra, §§ 196- 
 198. 
 
 Liability for injury to servants of inde- 
 pendent contractor, see infra, § 202. 
 
 In mines, see Mines, § 42. 
 
 For acts of independent contractor in con- 
 nection with water works system. 52 
 L.R.A.(N.S.) 467. 
 
 Liability of proprietor of place of amuse- 
 ment for acts of independent contractor 
 or concessionaire. L.R.A.1915F, 696. 
 
 3. For what acts of contractor employ- 
 er is liable. 
 
 S 189. Generally. 
 
 Liability of carriers, see Cakeiebs, § 53. 
 Liability for fires set by independent con- 
 tractors, see Fires, § 6. 
 
 Liability of part owner to other owner for 
 damages from fall of or injury to 
 party wall due to negligence of inde- 
 pendent contractor. L.R.A.1915E, 929. 
 Consult also JO.B.A. Digests to date. 
 
 MASTER AND SERVANT, IV. h— cont'd. 
 8. Who are independent contractors. 
 
 § 195. Generally. 
 
 One to whom automobile has been intrusted 
 for storage or repairs as independent 
 contractor for whose negligence in 
 running it owner is not liable. 51 
 L.R.A.(N.S.) 772. 
 
 V. LiaMlity of servant or contractor. 
 
 § 196. Generally. 
 
 Liability of employee in case license tax is 
 not paid by employer. L.R.A.1915A, 
 106. . 
 
 Right of contractor with public to im- 
 munity which latter enjoys from lia- 
 bility for damages. L.R.A. 1916D, 511. 
 
 Liability of contractor to third person for 
 defects in his work, after its comple- 
 tion and acceptance. L.R.A.1915E, 
 766. 
 
 Liability of mail contractors or postoffice 
 employees for lost or stolen mail. 
 L.R.A.1915A, 377. 
 
 Liability of highway contractor for dan- 
 gerous conditions where municipality, 
 county or town is not liable. L.R.A. 
 1916A, 1006. 
 
 § 197. For his own negligence or 
 nonfeasance. 
 
 Doctrine that servant is not liable for non- 
 feasance. L.R.A.1916F, 571. 
 
 Repudiation of distinction between misfeas- 
 ance and nonfeasance. L.R.A.1916F, 
 571. 
 
 Examples of misfeasance. L.R.A.1916F, 
 572. 
 
 Liability without reference to distinction 
 between misfeasance and nonfeasance. 
 L.R.A.1916F, 573. 
 
 Where servant is in full control of the work. 
 L.R.A.1916F, 574. • 
 
 Examples of nonfeasance. L.R.A.1916F, 
 575. 
 
 Where servant is not guilty of negligence. 
 L.R.A.1916F, 575. 
 
 VII. Liahility of third person to servant 
 or master. 
 
 § 200. Generally. 
 
 Landlord's liability for injury to servants 
 of tenant, see Landlord and Tenant, 
 § 72. 
 
 Personal contributory negligence of em- 
 ployee riding in vehicle driven or con- 
 trolled by employer. L.R.A.1915E, 
 233. 
 
 Liability under workmen's compensation 
 acts of third person whose negligence 
 causes the injury. L.R.A.1916A, 100, 
 226, 360. 
 
410 
 
 INDEX TO NOTES. 
 
 MASTEK AND SERVANT, YTi..—confd. 
 § 202. liiability to servants of con- 
 tractor. 
 
 Liability of mine owner for negligent in- 
 jury to employee of independent con- 
 tractor working the mine. 45 L.B.A. 
 (N.S.) 930. 
 
 Contract exempting railroad company from 
 liability for negligent injury to sleep- 
 ing car employees or others sustaining 
 a similar relation to the company. 50 
 L.R.A.(N.S.) 432. 
 
 Liability to servant of contractor under 
 workmen's compensation acts. L.R.A. 
 1916A, 95. 
 
 MATERIALITY. 
 
 Of alteration, see Alteration or Instbu- 
 
 KENTS, §§ 3, 4. 
 
 Of evidence, generally, see Evidence, XII. 
 
 MATEBIAUVtEN. 
 
 Eights of, under contractors' bonds, see 
 
 Bonds, § 10. 
 Provision in contract for payment of, see 
 
 BtnCLDING Airo CONSTEUCmON CON- 
 TBACTS, § 2. 
 
 Lien of, see Mechanics' Liens. 
 
 Language used by owner or other person 
 interested in construction of building 
 importing^ a promise to pay material- 
 men as a promise to answer for the 
 debt or default of Another. 6 B. R. C. 
 96. 
 
 MATERIALS. 
 
 Provision in bond for payment for, see 
 
 Bonds, § 10. 
 Provision in contract for payment for, see 
 
 Building and Consteuction Con- 
 
 TBACTS, § 2. 
 Lien for, see Mechanics' Liens. 
 
 MATRIMONIAL PROFERTT. 
 
 See Husband and Wife, IV, 
 
 MATURITY. 
 
 Of commercial paper, see Bills and Notes, 
 §S 54-57. 
 
 MAULS. 
 
 Master's liability for injury by defects In. 
 51 L.R.A.(N.S.) 337. 
 
 MAXIMS. 
 
 In equity, see Equity, § 22. 
 Applicability of maxim res ipsa loquitur, 
 see Evidence, III. g. 
 
 Plea of damnum absque injuria as bar to 
 recovery of damages for mental anguish 
 in telegraph cases. 49 L.R.A.{N.S.j 
 21S. 
 
 MAYHEM. 
 
 Malice and premeditation as element of 
 offense of mayhem or maiming. 
 L.E.A.1916E, 494. 
 Duty to instruct as to lesser offense. 
 L.R.A.1916E, 497. 
 
 MEAD. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 316. 
 
 MEALS. 
 
 Serving liquor with meals by proprietor of 
 hotel, restaurant or boarding house, as 
 a sale thereof. 52 L.R.A.(N.S.) 722. 
 
 # » » 
 
 MEASURES. 
 
 See Weights and Measures. 
 » « » ■ 
 
 Begin with this took on every lavj question. 
 
 MECHANICS' LIENS. 
 
 I. In general, §§ 1—i. 
 IT. For what worTc or materials, §§ 
 10-13. 
 V. To what -property or interest lien 
 attaches, §§ 14^18. 
 VI. Of subcontractors and material- 
 men, §§ 19—21. 
 VII. Bote waived or defeated, § 23. 
 VIII. Enforcement; •procedure, §§ 23— 
 32. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Effect of provisions in contractor's bond, see 
 
 Bonds, § 10. 
 For improvements on leased premises, see 
 
 Landlord and Tenant, § 40. 
 As to liens generally, see Liens. 
 
 Burden of proof in action between owner 
 and contractor as to claims of mechan- 
 ics and materialmen voluntarily paid 
 by owner. 44 L.R.A.(N.S.) 80. 
 
 Estoppel to assert title or interest in real 
 property against mechanics' lien by con- 
 cealing the same or representing it to 
 be in another. 48 L.E.A.(N.S.)' 760. 
 
INDEX TO NOTES. 
 
 411 
 
 MECHANICS' LIENS, 1.— cont'd. 
 g 2. Validity and construction of 
 statutes. 
 
 Validity of statutory provision for attor- 
 ney's fee in suit to foreclose. L.II.A. 
 1915E, 947. 
 
 IV. For what work or materials. 
 
 § 10. Generally. 
 
 Mechanics' lien for sinking well. 43 L.E.A. 
 (N.S.) 559. 
 
 For material or labor furnished under con- 
 tract with executor or administrator. 
 52 L.K.A.(N.S.) 870. 
 
 Delivery upon the premises of material sold 
 to contractor. L.E.A.1915E, 302. 
 
 § 12. Materials used liut not incor- 
 porated in structure. 
 
 Materials wholly or partially consumed in 
 process of work, but not becoming a 
 part of the structure. 51 L.R.A. 
 (N.S.) 1040; 1915E, 986. 
 
 Fuel, lubricants, and explosives. L.R.A. 
 1915E, 987. 
 
 Food for men and teams. L.R.A. 
 1915E, 989. 
 
 5 13. Services of arcliitect. 
 
 Right of architect to mechanics' lien. L.R.A. 
 1915D, 204. 
 
 T. To what property or interest lien 
 attaches. 
 
 § 14. Generally. 
 
 Agreement between landlord and tenant as 
 to removal of fixtures and improve- 
 ments by latter as affecting third 
 person claiming a mechanics' lien. 
 45 L.R.A.(N.S.) 100. 
 Agreement giving right to remove. 45 
 L.R.A.(N.S.) 101. 
 Right to lien upon tenant's inter- 
 est. 45 L.R.A.(N.S.) 101. 
 Right to lien upon landlord's in- 
 terest. 45 L.R.A.(N.S.) 102. 
 Agreements prohibiting removal. 45 
 L.R.A.(N.S.) 102. 
 Right to lien upon tenant's inter- 
 est. 45 L.R.A.{N.S.) 102. 
 Right to lien upon landlord's in- 
 terest. 45 L.R.A.(N.S.) 102. 
 Rights after termination of lease. 45 
 L.R.A. (N.S.) 105. 
 Show cases, shelving, 'etc., as fixtures to 
 which lien will attach. 43 L.R.A. (N.S.) 
 680. 
 Claim of holder of mechanics' lien on fund 
 arising from judicial sale of property 
 under a prior or contemporaneous lien 
 before distribution of the fund. 47 
 L.R.A. (N.S.) 708. 
 Mechanics' lien on property of charitable or 
 religious institution. 51 L.R.A. (N.S.) 
 161. 
 Mechanics' liens on trust property. L.R.A. 
 1916B, 1267. 
 Consxilt also L.B.A. Digests to date. 
 
 MECHANICS' LIENS— oo»fd. 
 
 VI. Of subcontractors and material- 
 men. 
 
 § 19. Generally. 
 
 Provision in contractor's bond for payment 
 of claims of, see Bonds, § 10. 
 
 Provision in contractor's contract for pay- 
 ment of claims of, see Builmnq and 
 
 CONSTEUCTION CONTKAOTS, § 2. 
 
 § 20. Subsequent matters affecting 
 rigkt to lien. 
 
 Effect of bankruptcy of principal contractor 
 upon lien rights of subcontractors or 
 materialmen. 51 L.R.A. (N.S.) 68; 
 L.R.A.1916P, 113. 
 
 § 21. — payments to contractors. 
 
 Application of payments made by contrac- 
 tor to subcontractor or material- 
 men as between jobs of different 
 owners. L.R.A.1916D, 1254. 
 Application directed by contractor. 
 
 L.R.A.1916D, 1255. 
 Absence of application by contractor. 
 L.R.A.1916D, 1256. 
 Source of fund not appearing. 
 
 L.R.A.1916D, 1256. 
 Source of fund appearing. L.R.A. 
 1916D, 1257. • 
 
 Rule that creditor may apply 
 as desired. L.R.A.1916D, 
 1257. 
 Rule that payment must be 
 applied to account of 
 owner making payment. 
 L.R.A.1916D, 1258. 
 Effect of notice to subcontrac- 
 tor or materialman of 
 source. L.R,A.1916D, 
 
 1259. 
 Payment to a materialman 
 who has not at the time 
 furnished material for 
 building of owner making 
 payment. L.R.A.1916D, 
 1260. 
 
 VII. Bow waived or defeated. 
 
 g 22. Generally. 
 
 In case of subcontractors or materialmen, 
 
 see supra, §§ 20, 21. 
 Discharge of lien, see infra, § 30. 
 
 Effect of bankruptcy of property owner on 
 
 mechanics' liens. L.R.A.1915F, 1132. 
 Effect of judicial sale of property under 
 prior or contemporaneous lien to de- 
 vest mechanics' lien. 47 L.R.A. (N.S.) 
 706. 
 Provision in contract that no mechanics' 
 lien shall be filed as affecting 
 claimants. 50 L.R.A.(N.S.) 153. 
 Requisites and construction of language 
 of stipulation. 50 L.R.A. 
 (N.S.) 153. 
 Construction of stipulation of con- 
 tractor or subordinate, with 
 reference to his own rights. 
 50 L.R.A.(N.S.) 153. 
 
412 
 
 INDEX TO NOTES. 
 
 MECHANICS' LIENS, YU.— cont'd. 
 
 Construction of language of prin- 
 cipal contract, witfi reference 
 to rights of subcontractors, 
 materialmen, or laborers. 50 
 L.E.A.(N.S.) 155. 
 Effect, as against subcontractors, ma- 
 terialmen, and laborers, of 
 stipulation in principal con- 
 tract that no lien shall be as- 
 serted. 50 L.E.A.(N.S.) 159. 
 
 Generally; miscellaneous. 50 
 L.E.A.(N.S.) 159. 
 
 Where lien is direct. 50 L.R.A. 
 (N.S.) 161. 
 
 Where lien is derivative. 50 L.R.A. 
 (N.S.) 161. 
 
 Waiver of stipulation. 50 L.R.A. 
 (N.S.) 164. ■ 
 
 Effect of ovpner's breach of con- 
 tract. 50 L.R.A.(N.S.) 164. 
 
 Change in contract or conveyance 
 of premises. 50 L.R.A. (N.S.) 
 165. 
 
 VIII. Enforcement; procedure. 
 
 § 23. Generally. 
 
 Scire facias to fix amount of mechanics' lien 
 
 after judicial sale of property under 
 • prior or contemporaneous lien. 47 
 
 L.R.A.(N.S.) 707. 
 In what courts liens are enforceable after 
 
 bankruptcy of property owner. L.R.A. 
 
 1915F, 1134. 
 
 § 25. Costs; attorney's fee. 
 
 Validity of statutory provision for attor- 
 ney's fee in suit to foreclose. L.R.A. 
 1915E, 947. 
 
 § 30. Discharge of lien. 
 
 Devestiture of lien by judicial sale of prop- 
 erty under prior or contemporaneous 
 lien. 47 L.R.A. (N.S.) 706. 
 
 MEDICAI. ATTENDANCE. 
 
 In general, see Physicians and Sttrgeons. 
 
 Effect of failure to provide medical attend- 
 ance to render one guilty of manslaugh- 
 ter. 45 L.R.A.(N.S.) 559. 
 
 Liability of relative for medical services to 
 pauper. L.R.A.1915E, 844. 
 
 Duty and liability of one other than a 
 physician or surgeon who contracts to 
 provide medical or surgical attention 
 for another. L.R.A.1915D, 884. 
 
 niEDICAL EXAMINATION. 
 
 Provision in workmen's compensation act 
 for medical examination of injured 
 workmen. L.R.A.1916A, 160. 
 
 MEDICAL EXPENSES. 
 
 In case of emergency, see Emeegbnct, § 
 
 MEDICAI. SERVICES. 
 
 Liability of husband for medical attendai 
 
 during wife's last sickness. 47 L.E. 
 
 (N.S.) 283. 
 As family necessaries for which husband 
 
 liable when furnished at request of wi: 
 
 47 L.R.A.(N.S.) 28L 
 
 MEDICAL TBEATMENT. 
 
 Liability under accident policy for dea 
 or injury resulting from. L.R.A.1915 
 955. 
 
 MEDICINE. 
 
 Liability of druggist as to, see Deugs aj 
 
 Dbuggists, § 5. 
 Practice of, see Physicians and Sueqeon 
 
 Liability of seller for damage to live stoi 
 by improper medicine. L.R.A.1916 
 1108. 
 
 MEDIUM. 
 
 Of payment, see Payment, II. 
 
 MEETING. 
 
 Of corporate officers, see Cobpobations, 
 
 60. 
 Of stockholders, see Cobporations, §§ 12 
 
 124, 125. 
 Of religious societies, see Religious Soci 
 
 TIES, § 2. 
 
 Of school district, see Schools, § 26. 
 
 Character of meeting essential to offense i 
 disturbing meeting. 45 L.R.A. (N.S 
 109. 
 
 MEETING OF MINDS. 
 
 In execution of contract, see Contbaci 
 11. e. 
 
 MEMBERSHIP. 
 
 In religious society, see Religious Soci 
 TIES, VI. 
 
 Begin xvitU this hooU on every law question. 
 
INDEX TO NOTES. 
 
 413 
 
 MEMORANDA. 
 
 Within statute of frauds, see Contkacts, 
 § 52. 
 
 Admissibility of, in evidence, see Evidence, 
 § 135. 
 
 Making of memorandum on negotiable in- 
 strument as an alteration. L.E.A. 
 1916D, 533. 
 
 MENACE. 
 
 See Threats. 
 
 MENTAI. ANGUISH. 
 
 Damages for, see Damages, III. t. 
 
 MENTAI. CAPACITY. 
 
 Of testator, see Wills, II. e. 
 
 ■» ■ » 
 
 MENTAI. CONDITION. 
 
 As affecting criminal responsibility, see 
 Ceiminal Law, § 8. 
 
 Aa affecting voluntariness of confession. 
 50 L.E.A.(N.S.) 1082. 
 
 4«» 
 
 MERCANTII.E AGENCY. 
 
 See CoMMEECiAL Agencies. 
 ♦ ■ » 
 MERCANTILE BUSINESS. 
 
 See Merchants. 
 
 MERCHANDISE. 
 
 Seller's liability for injuries due to defects 
 in, see Negligence, § 15. 
 
 MERCHANTS. 
 
 Libel or slander of, see Libel and Slander, 
 
 § 16. 
 Unlawful combinations of, or against, see 
 
 Monopoly and Combinations, II. 
 Liability for sale of dangerous or defective 
 
 article or substance, see Negligence, § 
 
 15. 
 
 Merchants as peddlers or hawkers within 
 statutory or municipal regulations. 
 L.R.A.1916B, 1296. 
 Consult also L.R.A.. Digests to date. 
 
 MERCHANTS— co»«'<?. 
 
 Validity of restrictive agreement ancillary 
 to sale of mercantile business as af- 
 fected by its territorial scope. L.E.A. 
 1916C, 630. 
 
 Validity of public restrictions as to loca- 
 tion of mercantile business. 49 L.E.A. 
 (N.S.) 438. 
 
 Validity of statute or ordinance requiring 
 closing of mercantile establishment at 
 certain hours. L.R.A.1916A, 654. 
 
 « ■ » 
 
 MERETRICIOUS RELATIONS. 
 
 See Illicit Cohabitation. 
 
 ♦-•-♦ 
 
 MERGER. 
 
 § 1. Generally. 
 
 Of corporations, see Cobpobations, IIL 
 
 MERITS. 
 
 Affidavit of, see Judgment, § 88. 
 
 * » » 
 
 MESSAGES. 
 
 Telegraph messages, see Telegraphs, HI. 
 By telephone, see Telephones, § 10. 
 
 METHEGIiIN. 
 
 Judicial notice of intoxicating character of. 
 48 L.E.A.(N.S.) 316. 
 
 MIDDLEMAN. 
 
 Liability of seller for iniury due to defects 
 in things sold, see Negligence, § 15. 
 
 MIGRATORY BIRDS. 
 
 Constitutionality of the migratory birds 
 provision in the act of Congress of 
 March 4, 1913. L.E.A.1915F, 1031. 
 
 MILEAGE BOOKS. 
 
 Validity of regulations by public concerning 
 the manner of using. L.E.A.1915E, 902. 
 
 #«» 
 
 MILITARY SERVICE; 
 
 See Army and Navy. 
 
414 
 
 INDEX TO JSrOTES. 
 
 MILITIA. 
 
 Power of legislature to make appropriation 
 to compensate injured militiaman 44 
 L.R.A.(N.S.) 83. 
 Power to change the duties or field of ser- 
 vice of militiamen. L.E.A.1915E, 2:!5. 
 Civil and criminal responsibility of militia- 
 men. L.R.A.1915'A, 1141. 
 Civil liability. L.R.A.1915A, 1145. 
 Acts done in obedience to orders. 
 L.E.A.1915A, 1186. 
 To civilians. L.R.A.191.SA, 
 1156. 
 Acts ,Aone voluntarily, and not in 
 obedience to orders. 
 L.R.A.19J&A, 1157. 
 To one another. L.R.A.1915A, 
 
 1167. 
 To civilians. L.R.A.1915A, 
 1168. 
 Criminal liability. L.E.A.1915A, 1173. 
 Acts done in obedience to orders/ 
 
 L.R.A.1015A, 1175. 
 Acts done voluntarily, and not in 
 obedience to orders. L.R.A. 
 1915A, 1178. 
 
 MILK. 
 
 See Food, § 8. 
 
 lynLKMEN. 
 
 Regulations as to generally, see Food, § 8. 
 
 Milkmen as peddlers or hawkers. L.R.A. 
 1916B, 1297. 
 
 MILLDAM. 
 
 See Dams. 
 
 MILLS. 
 
 § I. Generally. 
 
 Milldams, see Dams. 
 
 Loss of profits as elements of damages for 
 interference with water power of mill. 
 52 L.R.A.(N.S.) 1004. 
 
 MINES. 
 
 7. In general, §§ 1—3. 
 II. On publio lands, §§ 4—20. 
 
 a. In general, §§ 4— S. 
 III. On private land, §§ 37—38, 
 a. In general, §§ 37—30. 
 J). Coal, §§ 31, 32. 
 O. Oil and gas, §§ 33—38. 
 
 1. In general, §§ 33, 34:. 
 
 2. Leases, §§ 35—38. 
 IT. Employees and independent con- 
 tractors in, §§ 39-4:2. 
 
 Begin ivith this boolc on every law, question. 
 
 MINES— oonfd. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Right to partition mineral lands. L.E 
 
 1916D, 1154. 
 Working part of mine as adverse possess: 
 
 of whole property. 3 B. R. C. 418. 
 Extent of rights acquired by adverse p 
 
 session of surface of land. 4 B. R. 
 
 238. 
 
 § 2. Minerals generally. 
 
 Right to mineral in railroad right of w 
 
 as between companv and fee owner. 
 
 L.R.A.(N.S.) 801. " 
 Minerals as subject of larceny. 49 L.R 
 
 (N.S.) 966, 969. 
 Constitutionality of classification of m 
 
 erals for purpose of taxation. L.E 
 
 1916F, 164. 
 
 17. On public lands, 
 a. In general. 
 
 § 4. Generally. 
 
 Pollution of stream by mining operatic: 
 L.R.A.1915D, 911. 
 
 777. On private land. 
 
 a. In general. 
 
 § 27. Generally. 
 
 Interest of other than the owner of s 
 
 in mineral in situ as independent si 
 
 ject of taxation. L.R.A.1916D, 307. 
 
 Pollution of stream by mining operatioi 
 
 L.RA.1915D, 911. 
 Right to pump up water where the resi 
 is to carry away another's mineral 
 solution. 5 B. E. 0. 254. 
 Right of owner or lessee of mineral in pla 
 as to use of surface. 48 L.R, 
 (N.S.) 883. 
 Construction of railroads or tramwa- 
 
 48 L.R.A.(]Sr.S.) 886. 
 Transportation of minerals from i 
 joining tract. 48 L.R.A.(N.£ 
 887. 
 Erection of buildings. 48 L.R. A. (N.S 
 888. 
 Dwelling houses. 48 L.E.A.(N.E 
 
 888. 
 
 Structures for conversion of m 
 
 eral. 48 L.E.A.(N.S.) 889. 
 
 Other structures. 48 L.E.A.(N.5 
 
 889. 
 
 Piling refuse. 48 L.E.A.(N.S.) 890, 
 
 Sinking shafts, pits, etc. 48 L.E, 
 
 (N.S.) 891. 
 Cutting or using timber. 48 L.E 
 
 (N.S.) 892. 
 Making ponds. 48 L.E.A. (N.S.) Si 
 EfiFect of forfeiture provision on liabil 
 of lessee under provision for rent 
 event of failure or delay in develop] 
 premises. 44 L.E.A. (N.S.) 50. 
 
INDEX TO NOTES. 
 
 415 
 
 MIXES, 111.— cont'd. 
 
 h. Coal, 
 
 § 31. Generally. 
 
 Classification of coal for purpose of taxa- 
 tion. L.K.A.1916r, 164. 
 
 Discrimination by carrier in furnishing 
 coal cars. 44 L.R.A. (N.S.) 651. 
 
 Rescission or abatement from price, because 
 of deficiency in quantity under grant 
 of coal in place. 51 L.R.A. (N.S.) 792. 
 
 § 32. Lease. 
 
 Rescission or abatement from price because 
 of deficiency in quantity under lease of 
 coal in place. 51 L.R.A. (N.S.) 794. 
 
 Implied duty to develop premises under 
 mining lease reserving royalty on prod- 
 uct where lease contains no provision 
 for payment of minimum royalties or 
 forfeiture for delay. L.R.A.1915B, 561. 
 
 c. Oil and gas. 
 1. In general, 
 
 § 33. Generally. 
 
 Interest of other than the owner of tlie 
 soil in oil and gas in situ as independ- 
 ent subject of taxation. L.R.A.1916D, 
 310. 
 Right to partition oil or gas lands. L.R.A. 
 
 1916D, 1154. 
 Injury to gas or oil well from- acts done on 
 
 neighboring premises. 48 L.R.A. 
 
 (N.S.) 167. 
 Damage by percolation of water. 48 
 
 L.R.A.(N.S.) 168. 
 Increase of flow of oil or gas by arti- 
 ficial means. 48 L.R.A.(N.S.) 169. 
 Waste of oil or gas. 48 L.R.A. (N.S.) 
 
 170. 
 Wells near division line. 48 L.R.A. 
 
 (N.S.) 170. 
 Special rights in adjoining lands. 48 
 
 L.R.A.(N.S.) 171. 
 Miscellaneous. 48 L.R.A. (N.S.) 172. 
 Right to pump up water where the result 
 is to carry away oil or gas in solution. 
 5 B. E. C. 254. 
 
 3. Leases. 
 
 § 35. Generally. 
 
 Covenants in, as to payment of taxes and 
 
 assessments. L.R.A.1915A, 360. 
 Estoppel to deny lessor's title as affected 
 by the fact that lessee did not recognize 
 lessor's title to the particular property. 
 52 L.R.A.(N.S.) 765. 
 Effect of provision for extension of term 
 so long as oil or gas is produced. 
 43 L.R.A. (N.S.) 848. 
 Validity of provision. 43 L.R.A. (N.S.) 
 
 849. 
 Meaning of term. 43 L.R.A. (N.S.) 849. 
 As extension of term of lease. 43 
 
 L.R.A. (N.S.) 849. 
 As limitation of the term. 43 
 L.R.A.(N.S.) 849. 
 Consult also L.R.A. Digests to date. 
 
 MINES, III. c, 2— cont'd. 
 
 Where no successful exploration within 
 fixed term. 43 L.R.A. (N.S.) 
 850. 
 As affected by acts of lessor. 43 
 
 L.R.A. (N.S.) 850. 
 Producing well not completed. 43 
 
 L.R.A.(N.S.) 851. 
 Well completed, but not operated. 
 
 43 L.R.A. (N.S.) 852. 
 
 When paying well ceases profitable 
 
 production. 43 L.R.A. (N.S.) 853. 
 
 Necessity of more than one well. 43 
 
 L.R.A. (N.S.) 854. 
 As affected by payment of rental. 43 
 
 L.R.A.(N.S.) 854. 
 Right to determine whether production 
 is profitable. 43 L.R.A. (N.S.) 856. 
 What constitutes a gas well within an oil 
 
 and gas lease. L.E.A.1915D, 1186. 
 Place of use of gas contemplated by cove- 
 nant or reservation in an oil and gas 
 lease. L.R.A.1915E, 570. 
 Implied duty to develop premises under 
 mining lease reserving a royalty 
 on product, where lease contains 
 no provision for payment of mini- 
 mum royalties or forfeiture for 
 delay. L.R.A.1915B, 501. 
 Forfeiture. L.R.A.1915B, 561. 
 
 Exploration and development. 
 L.R.A.1915B, 561. 
 After discovery of oil or min- 
 erals. L.R.A.1915B, 563. 
 Extent of development. L.R.A. 
 1915B, 564. 
 Provision in lease to "farm" for min- 
 erals. L.R.A.1915B, 565. 
 Abandonment. L.R.A.1915B, 565. 
 What constitutes unreasonable delay. 
 L.R.A.1915B, 565. 
 Right of lessee in oil or gas lease to de- 
 termine the extent of development 
 thereunder. L.R.A.1915E, 1057. 
 
 § 3€. Iiiability for rent on oil and 
 gas lease. 
 
 Liability of lessee in oil or gas lease under 
 provision for rent in event of fail- 
 ure or delay in developing prem- 
 ises. 44 L.R.A.(N.S.) 50. 
 Provision for termination unless prem- 
 ises are developed or rent paid. 
 
 44 L.R.A. (N.S.) 50. 
 Character of instrument. 44 
 
 L.R.A.(N.S.) 51. 
 Covenant to develop premises or pav 
 rent. 44 L.R.A. (N.S.) 51. 
 Effect of forfeiture provision. 44 
 L.R.A. (N.S.) 54. 
 
 § 38. Forfeiture of oil and gas lease. 
 
 For failure to develop mining premises un- 
 der lease reserving a royalty on prod- 
 uct, but containing no provision for 
 payment of minimum royalties or for- 
 feiture for delay. L.R.A.1915B, 561. 
 Rights of parties to oil or gas lease for- 
 feited for default in payment to 
 be made in lieu of development. 43 
 L.R.A. (N.S.) 487. 
 
416 
 
 MINES, III. 0, 2— cont'd. 
 
 Eights of parties as to rental. 43 
 
 L.R.A.(N.S.) 487. 
 Enforcement of forfeiture. 43 L.R.A. 
 
 (N.S.) 488. 
 Notice of forfeiture. 43 L.R.A. (N.S.) 
 
 ■ 489. 
 Relief from forfeiture. 43 L.R.A. (N.S.) 
 489. 
 
 IV. Employees and independent con- 
 tractors in. 
 
 § 39. Generally. 
 
 Relation of master and servant generally, 
 
 see Master and Servant. 
 
 Statute requiring mine owner or operator 
 to furnish wash rooms or similar con- 
 veniences for employees. L.E.A.1915B, 
 420. 
 
 § 40. Liability for injury to. 
 
 Liability of master for injury to servant 
 generally, see Master and Servant. 
 
 Employee's right of action for employer's 
 violation of mining acts. L.R.A. 
 1915E, 557. 
 
 Liability of mine owner for negligent in- 
 jury to employee of independent con- 
 tractor working the mine. 45 L.R.A. 
 (N.S.) 930. 
 
 § 41. — throngh negligence of fello-vr 
 servants. 
 
 Liability of master for negligence of super- 
 vising employee in mine for acts done 
 outside the scope of his statutory duty. 
 48 L.R.A.(N.S.) 938. 
 
 § 42. Independent contractors in. 
 
 Liability of mine owner for negligent in- 
 jury to employee of independent con- 
 tractor worliing the mine. 45 L.R.A. 
 (N.S.) 930. 
 
 INDEX TO NOTES. 
 
 MINISTERIAL DITTIES. 
 
 MINIMIZING DAMAGES. 
 
 See Damages, § 10. 
 
 MINIMUM AVAGE. 
 
 Validity of statute, ordinance, or contract 
 fixing minimum wage for person em- 
 ployed on public work. 51 L.R.A. 
 (N.S.) 686. 
 
 MINISTER. 
 
 In general, see Religiotjs Societies, § 6. 
 
 Allowance for mental anguish caused by 
 absence from sick bed because of neg- 
 ligence in transmission of telegram. 
 49 L.R.A.(N.S.) 235, 335, 
 
 Power of courts to enforce ministerial d 
 ties of heads of departments, s 
 Courts, § 17. 
 
 MINORITY. 
 
 § 1. Of stockholders in corporatio: 
 
 Rights of, see Coepobations, § &7. 
 
 MINORS, 
 
 See Infants. 
 
 < ■ » 
 
 MISBRANDING. 
 
 Of food, see Food, § 4. 
 
 « « » 
 
 MISCARRIAGE. 
 
 Measure of damages, for, see Dauaqes, 
 60. 
 
 MISCEGENATION. 
 
 Conflict of laws as to marriage betwee 
 members of different races. 43 L.E.j 
 (N.S.) 358. 
 Legislative power to forbid. 52 L.R.J 
 
 (N.S.) 778. 
 Who is a negro, mulatto or person of col( 
 within statutes not specifically definir 
 the same. L.R.A.1915A, 828. 
 
 MISCONDUCT, 
 
 § 1. Generally. 
 
 Expulsion of pupil for, see Schools, § 11. 
 
 Right to reject passenger because of. '. 
 L.E.A.(N.S.) 820. 
 
 MISDESCRIPTION. 
 
 See Description. 
 
 MISFEASANCE. 
 
 Liability of agent or servant to third pe 
 sons for. L.R.A.1916F, 570. 
 
 MISJOINDER. 
 
 Begin with this 1>ooTc on every latv question. 
 
 In pleading, see Pleading, § 15. 
 
INDEX TO NOTES. 
 
 417 
 
 MISNOMER. 
 
 See Name, I. b. 
 
 < « » 
 
 MISREPRESENTATIONS, 
 
 See Fraud and Deceit. 
 
 MISTAKE. 
 
 § 1. Generally. 
 
 Recovery of money paid under mistake, 
 see Assumpsit, § 3. 
 
 E£Fect of, on criminal responsibility, see 
 Criminal Law, § 13. 
 
 Effect of mistalce in election of remedy, see 
 Election of Remedies, III. 
 
 As ground of equitable relief, generally, see 
 Equity, § 6. 
 
 Parol evidence of, see Evidence, §§ 177, 178. 
 
 As to identity, see Identity and Identifi- 
 cation, § 3. 
 
 Witli respect to liquor, see Intoxicating 
 Liquors, § 31. 
 
 In name, see Name, § 14. 
 
 As to law of another state or country as 
 
 one of law or of fact. 46 L.R.A.(N.S.) 
 
 174. 
 Validity of tax sales where nonpayment is 
 
 due to mistake or negligence of tax 
 
 officers. L.R.A.1915C, 158. 
 Accepting bid with knowledge of mistake 
 
 as to subject-matter. 43 L.R.A. (N.S.) 
 
 654. 
 Unfair competition by retailer or jobber as 
 
 against manufacturer by substitution 
 
 of goods through mistake. 52 L.R.A. 
 
 (N.S.) 899. 
 Effect of mistake on damages for cutting 
 
 of timber, in action in nature of 
 
 trover. 52 L.R.A. (N.S.) 93. 
 
 § 2. Contractual matters generally. 
 
 As ground for rescission of contract, see 
 
 Contracts, § 154. 
 As ground for reformation of Instrument, 
 
 see Refobmation of Instruments. 
 
 Right to avoid contract because of mistake 
 as to identity of other party thereto. 
 L.R.A.1916D, 801. 
 
 § 3. Matters as to accounts. 
 
 Mistake in statement of commodity fur- 
 nished as affecting the right to recover 
 for a. larger amount actually furnished. 
 L.R.A.1915B, 711. 
 
 f 4. Matters as to commercial paper; 
 banking matters. 
 
 Changing name of payee of note to correct 
 mistake as a material alteration. 
 L.R.A.1915A, 172. 
 
 § 6. As to conveyance of real prop- 
 erty. 
 
 Mistake in description of property as af- 
 fecting record of instrument relating to 
 real property. L.R.A.1916A,- 530. 
 Consult also L.R.A. Digests to date. 
 
 MISTAKE— cont'd. 
 
 Parol evidence to show that instrument was 
 intended to operate as mortgage or 
 pledge where party to written instru- 
 ment importing an absolute conveyance 
 seeks relief therefrom on the ground of 
 mistake. L.R.A.1916B, 38. 
 
 § 8. Insurance matters; relief fund. 
 
 Effect of mistake in designating time in 
 notice of cancelation of fire policy. 50 
 L.R.A.(N.S.) 40. 
 
 Mistake as affecting divisibility of insur- 
 ance. 51 L.R.A. (N.S.) 1063. 
 
 Of servant executing release on receiving 
 benefits of relief fund. 48 L.R.A. (N.S. ) 
 449. 
 
 § 9. Matters as to carriers — as to 
 passengers. 
 
 Liability of carrier for charging excessive 
 fare through mistake. 44 L.R.A. (N.S. ) 
 282. 
 
 § 11, Matters as to telegrams. 
 
 Measure of damages where one purchases 
 goods in reliance on a misquotation of 
 price in telegram. 46 L.R.A. (N.S.) 412. 
 
 § 12. As to wills. 
 
 Mistake in description, see Wills, § 67. 
 
 Effect of execution by mistake of will in- 
 tended for another person. 3 B. R. C. 
 341. 
 
 § 13. Effect of, on compromise or set- 
 tlement. 
 
 As to state of account or amount due as 
 ground for release from compromise 
 agreement. 46 L.R.A. (N.S.) 279. 
 
 Avoidance of release of claim for personal 
 injuries, for mistake. L.R.A.1916B, 776. 
 
 § 10:. Effect of, on release. 
 
 Of servant as to extent of ii^juries received 
 by him for which he has given a re- 
 lease. 48 L.R.A. (N.S.) 449. 
 Avoidance of release of claim for personal 
 injuries for mistake. L.R.A.1916B, 
 776. 
 Where mistake relates to nature or e.\- 
 tent of injuries. L.R.A.1916B, 
 776. 
 Necessity of existence of fraud, 
 overreaching or undue influ- 
 ence. L.R.A.1916B, 776. 
 Whether mistake relates to fact or 
 
 opinion. L.R.A.1916B, 777. 
 Amount of consideration as test. 
 L.R.A.1916B, 780. 
 As affected by form of release, L.R.A. 
 191 6B, 780. 
 Where general in terms. L.R.A. 
 
 1916B, 780. 
 Where specific injuries described. 
 L.R.A.1916B, 781. 
 When mistake due to opinion of physi- 
 cian. L.R.A.1916B, 781. 
 Theory of limited authority in phy- 
 sician. L.R.A.1916B, 781. 
 
 43— '16F. 
 
 27 
 
418 
 
 INDEX TO NOTES. 
 
 MISTAKE— comtU 
 
 Theory that representation relates 
 
 to matters of opinion. L.E.A. 
 
 1916B, 783. 
 
 Opinion of releasor's physician. 
 
 L.R.A.1916B, 784. 
 
 Mistake or ignorance as to contents of 
 
 release. L.R.A.1916B, 785. 
 Character of proof. L.R.A.1916B, 785. 
 Relief in equity when action at law 
 
 barred. L.R.A.1916B, 786. 
 Right to relief as aflfected by the dis- 
 tinction between law and equity. 
 L.R.A.1916B, 786. 
 
 § 17. In libel cases. 
 
 As to identity of person libeled or slandered. 
 47 L.R.A.(N.S.) 240. 
 
 § 18. In judicial proceedings. 
 
 As ground for relief from judgment, see 
 
 Judgment, § 94. 
 In name or description in writ or process, 
 
 see Whit and Process, § 5. 
 
 In name of estate in granting letters of ad- 
 ministration. 46 L.R.A.(N.S.) 274. 
 
 Mistake as to name of juror in criminal 
 ease as ground for arrest of judgment, 
 new trial, or reversal. 47 L.R.A.(N.S.) 
 714. 
 
 Mistake as to identity of juror as ground 
 for new trial. 50 L.R.A.(N.S.) 972. 
 
 MISUSER. 
 
 Reverter of land conveyed for school pur- 
 poses because of. 44 L.R.A. (N.S.) 
 1220. 
 
 MITIGATION. 
 
 Of damages, see Damages, I. b. 
 
 MOBS AND RIOTS. 
 
 § I. Generally. 
 
 Carrier's liability for assault upon passen- 
 ger by strikers, mob or third persons. 
 • L.R.A.1915C, 681. 
 
 § Z. Municipal liability for acts of. 
 
 Municipal, liability for property destroyed 
 by, see Municipal Cobpoeations, § 75. 
 
 § 3. Itiability of members of. 
 
 Acting with mob as ground of disbarment, 
 suspension or other discipline of attor- 
 ney. L.RA.1915C, 259, 
 
 MODIFICATION. 
 
 MODIFICATION— confd. 
 
 Of amount of permanent alimony allov 
 
 on absolute divorce. 44 L.R.A. (N.f 
 
 1026. 
 
 MONEY. 
 
 Recovery back of money paid, see Assui 
 
 SIT, n. 
 Embezzlement of, see Embezzlement. 
 Obtaining by false pretenses, see False Pi 
 
 tenses. 
 Interest for use of, see iNTEBESi', II. 
 Payment of, see Payment. 
 Public money, see Public Money. 
 Tender of, see Tendes. 
 
 Distinction between bailment and loan 
 money. L.R.A.1916F, 92. 
 
 Recovery for mental anguish caused 
 failure of telegraph company to trai 
 mit money promptly, or to deliver te 
 gram asking for money. 49 L.R. 
 (N.S.) 238. 
 
 MONET LENDERS. 
 
 License of, see License, § 32. 
 
 MONEY PAID. 
 
 Recovery of, see Assumpsit, II. 
 
 MONKEY. 
 
 Liability for injury by. 52 L.R.A. (N.E 
 378. 
 
 Of contract, see Conibacts, § 144. 
 
 Of decree for alimony, see DivoBCB and 
 
 SiWABATION, § 46. 
 Begin with this book on every law question. 
 
 MONOPOLY AND COMBINATION 
 
 /. In general, §§ 1, 2. 
 II. Combinations in restraint of trai 
 commerce, or competition, j 
 3-15. 
 a. In general, §§ 3—12. 
 
 I. In general. 
 
 § 1. Generally. 
 
 As to conspiracies generally, see Conspii 
 
 CY. 
 
 Effect of monopoly on treatment of go 
 will in public service, property vati 
 tions. 48 L.R.A.(N.S.) 1147. 
 
 Validity of contract for material patent 
 or held in monopoly where a letting 
 the lowest bidder is required. 46 L.K, 
 (N.S.) 990. 
 
 Validity of monopoly or special privile 
 granted to third persons of providi 
 facilities to shippers at place of sh; 
 ment or destination. L.R.A.1915C, 2! 
 
INDEX TO NOTES. 
 
 419 
 
 MONOPOLY AND COMBINATIONS, I.— 
 cont'd. 
 
 § 2. Creation of monopoly by munici- 
 pality. 
 
 See Municipal Corporations, §§ 17, 54. 
 
 //. Combinations in restraint of trade, 
 commerce, or competition. 
 
 a. In general. 
 
 § 3. Generally. 
 
 As to boycott, see Conspiracy, §§ 3, 4. 
 
 Combinations of laborers, see Conspieact, 
 §§ 4-8. 
 
 As to contracts in restraint of trade gen- 
 erally, see Contracts, IV. d. 
 
 Validity of automobile distribution contract. 
 L.R.A.1915B, 113. 
 
 Trading stamp contract as a monopoly. 
 L.E.A.1915D, 520. 
 
 Combination among farmers or stock raisers 
 as a monopoly. 44 L.R.A.(N.S.) 1104. 
 
 Corner as violation of antitrust or monop- 
 oly act. 44 L.R.A.(N.S.) 325. 
 
 Necessity or beneficent purpose as excuse 
 or justification for combination to raise 
 price of commodity. 51 L.R.A.(N.S.) 
 244. 
 
 Validity of restrictions in a deed as to use 
 of property inserted for purpose of se- 
 curing a monopoly to the grantor. 
 L.R.A.1915A, 679. 
 
 § 4, Illegal trusts under modern 
 anti-trust laws. 
 
 Cruel and unusual punishment for violation 
 of anti-trust law. L.R.A.1915C, 570. 
 
 Exempting wage earners from anti-trust 
 laws. 52 L.R.A.(N.S.) 525. 
 Texas statutes. 52 L.R.A.(N.S.) 528. 
 
 § 5. Control over resale. 
 
 § 6. — validity of contract provision 
 for control of price on resale. 
 
 Validity of contract provision seeking to 
 control price at which an article shall 
 be resold. 51 L.R.A.(N.S.) 522. 
 
 § 7. Of railroad companies or car- 
 riers. 
 
 Discrimination by carriers generally, see 
 
 Carriers, V. b. 
 Discrimination by carrier as to rates, see 
 
 Carriers, § 159. 
 
 Who are common carriers within constitu- 
 tional or statutory provision directed 
 specifically against suppression of com- 
 petition between carriers. L.R.A.1915C, 
 865. 
 
 § 10. Of telephone companies. 
 
 Validity of contracts between telephone 
 companies for exclusive connection. 45 
 L.R.A.(N.S.) 465. 
 
 § 12. As to patented articles. 
 
 Validity of contract for material held in 
 
 monopoly where a letting to the lowest 
 
 bidder is required. 46 L.R.A.(N.S.) 
 
 990. 
 
 Consult also L.B.A. Digests to date. 
 
 MONUMENT. 
 
 § 2. Over graves. 
 
 Liability of decedent's estate for. 52 L.R.A. 
 (N.S.) 1153. 
 
 MORALS AND MORALITY. 
 
 As to immorality, see Immoralitt. 
 ♦-.-♦ 
 
 MORTGAGE. 
 
 /. In general, §§ l—i. 
 II. Nature, validity, and effect, §§ 5— 
 
 34:. 
 
 ft. What constitutes, §§ 13—15. 
 
 d. Validity, §§ 30-24:. 
 
 e. Effect of, generally, §§ 25, 
 
 26. 
 g. Rights, remedies, and liabil- 
 ities of parties general- 
 ly, §§ 28-33. 
 
 1. In general, §§ 28—31. 
 
 2. As to taxes, § 32. 
 h. Bondholders, § 34:. 
 
 III. Priority, §§ 35-39. 
 IV. Sale of mortgaged property; as- 
 sumption of debt, §§ 4:0—46. 
 T. Assignment of mortgage, §§ 47— 
 51. 
 VI. Payment; discharge; release; ex- 
 tinction or extension of 
 lien, §§ 52-60. 
 
 a. In general, §§ 52— oS. 
 
 b. What operates as a discharge 
 
 or satisfaction, S§ 56, 57. 
 
 c. Merger; Iceeping alive; rein- 
 
 statement, §§ 58—60. 
 VII. Enforcement; powers of sale, §§ 
 61-84. 
 
 a. In genei'al, §§ 61—64. 
 
 b. On default of interest, in- 
 
 stalment, taxes, etc.; ac- 
 celeration, § 65. 
 
 e. Defenses, § 73. 
 
 f. Decree, § 74. 
 
 g. Power of sale; strict fore- 
 
 closure, §§ 75-77. 
 h. Sale, §§ 78-82. 
 
 1. In general, §§ 78— 70a. 
 
 2. Purchasers and their 
 
 rights, title, lia- 
 bilities, etc., §§ 
 80-82. 
 (a) In general, §§ SO, 
 81. 
 i. Surplus; proceeds of sale, § 
 
 83. 
 j. Deficiency, § 84. 
 VIII. Redemption, §§ 85—91. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Acknowledgment of, see Acknowledgment. 
 Chattel mortgage, see Chattel Mortgage. 
 C<Hiflict of laws as to, see Conflict of 
 Laws, §§6, 7a. 
 
420 
 
 INDEX TO NOTES. 
 
 MORTGAGE, 1.— cont'd. 
 
 Dower in land mortgaged by husband, see 
 Dower, §§3, 4a. 
 
 Parol evidence as to, see Evidence, § 182. 
 
 Disaffirmance of mortgage by infant, see 
 Infants, § 21. 
 
 Notice to mortgagee of cancelation of in- 
 surance policy, see Insurance, § 5J. 
 
 As to recording laws, see Records and Re- 
 cording Laws, IV. 
 
 Investments by trustee in mortgage secur- 
 ities, see Trusts, § 26a. 
 
 To building and loan association, see Build- 
 ing AND Loan Associations, § 5. 
 
 Estoppel of mortgagee to assert title or in- 
 terest in property by concealing Kis 
 interest or representing title to be in 
 another. 48 L.E.A.(N.S.) 783, 759, 
 761, 764. 
 
 Right of mortgagee whose mortgage is as- 
 sumed by a vendee as part of the pur- 
 chase price to enforce the vendor's lien. 
 47 L.E.A.(N.S.) 189. 
 
 Marshaling assets for benefit of mortgagor. 
 47 L.R.A.(N.S.) 302. 
 
 Adjustment of mortgage indebtedness in de- 
 termining compensation to be paid 
 public utility company upon taking its 
 plant. 47 L.R.A.(N.S.) 790. 
 
 § 2. Taxation of. 
 
 Right of parties to mortgage as to taxes, 
 
 see infra, § 32. 
 Situs for taxation of debts evidenced by 
 
 mortgage, see Taxes, § 47. 
 
 Constitutionality of mortgage registration 
 tax. L.E.A.1916A, 865. 
 
 The tax as a privilege tax. L.R.A. 
 1916A, 865. 
 
 The tax considered as a tax on proper- 
 ty. L.E.A.1916A, 866. 
 
 The question of uniformity. L.R.A. 
 1916A, 866. 
 
 //. Nature, validity, and effect. 
 
 T). What constitutes. 
 
 § 13. Generally. 
 
 Effect of deed delivered in escrow as further 
 security for a mortgage debt. L.R.A. 
 1915B, 492. 
 
 § 14. Equitable mortgage. 
 
 Equitable liens, see Liens, II. 
 
 Effect of borrowing money on deposit of 
 certificate of title registered under the 
 Torrens Law. L.R.A.ini6D, 80. 
 
 § 15. Deed absolute on face intended 
 as mortgage. 
 
 Parol evidence that a written instrument 
 which on its face imports a complete 
 transfer of a legal or equitable estate 
 or interest in property was intended as 
 a mortgage. L.R.A.1916B, 18. 
 
 d. Talidity. 
 
 % 20. Generally. 
 
 Of chattel mortgage, see Chattel Moet- 
 CAGE, § 4. 
 Begin with this book on every law question. 
 
 MORTGAGE, II. A— cont'd. 
 
 Validity of stipulation for attorneys' f 
 
 L.R.A.1915B, 928. 
 Effect of mortgage on one who signs it 
 
 is not named in it. L.R.A.1915D, ] 
 Mortgage procured by threats of prose 
 
 tion of relative. L.R.A.1915D, 1115 
 Validity of mortgage upon public lands t 
 
 cuted by claimant under the homesti 
 
 acts prior to patent or final pre 
 
 L.R.A.1915B, 681. 
 Validity of lien acquired by creditor 
 
 fraudulent transferrer through frau 
 
 lent transferee. 5 B. E. C. 27T. 
 Validity of mortgage given to secure 
 
 perfectly executed note or bond. 
 
 L.R.A.(N.S.) 1153. 
 Power of surviving partner to mortgi 
 
 partnership property for firm debt. 
 
 B. R. C. 577. 
 What misrepresentations as to the conte 
 
 of an instrument will render it v 
 
 in law. 4 B. R. C. 663. 
 
 § 23. Usury. 
 
 Requiring mortgagor to pay mortgage 
 recording tax. 51 L.R.A. (N.S.) 4 
 
 Effect of mortgage security upon quest 
 as to governing law with respect 
 usury. L.E.A.1916D, 755. 
 
 § 24. — who may set up defense 
 
 Right of vendee of land subject to mc 
 gage to raise question of usury. 
 L.E.A.(]Sr.S.) 840. 
 
 e. Effect of, generally. 
 
 § 25. Generally. 
 
 Mortgage as breach of condition in 
 surance policy as to sale and uncor 
 tional ownership. L.R.A.1915D, 812. 
 
 Effect of mortgage to transfer reversion 
 leased premises. L.R.A.1915C, 200. 
 
 g. Rights, remedies, and liabilities 
 parties generally. 
 
 1. In general. 
 
 § 28. Generally. 
 
 Of purchasers on foreclosure, see infra, § 
 
 Right to redeem, see infra, § 86. 
 
 As to fixtures between mortgagor and m( 
 
 gagee, see Fixtures, §§ 5, 7. 
 Rights of mortgagee to insurance mon 
 
 see Insurance, § 185. 
 Right of insurer to subrogation to rig 
 
 of mortgagee, see Insurance, § 197. 
 Subrogation to rights under, generally, 
 
 Subrogation, § 4. 
 
 § 29. Of mortgagor. 
 
 Injunction against cutting of timber 
 mortgagor or mortgagee. 43 L.B 
 (N.S.) 268. 
 Liability of original mortgagor or interi 
 diate grantee who has assumed 
 mortgage, as affected by extens 
 of time given his grantee li\' 
 mortgagee. 5 B. R. C. 633. 
 
INDEX TO NOTES. 
 
 421 
 
 MORTGAGE, II. g, 1— cont'd. 
 
 Where the grantee has assumed the 
 mortgage. 5 B. R. C. 633. 
 The majority view. .5 B. R. C. 633. 
 Extension by indulgence. 5 
 
 B. R. C. 637. 
 Extension as to portion only. 
 
 5 B. R. C. 637. 
 Necessity for, and sufficiency 
 of, consideration for ex- 
 tension. 5 B. A. C. 638. 
 Circumstances under which the 
 grantor continues liable. 
 5 B. R. C. 640. 
 Consent of mortgagor or 
 grantor to extension. 5 
 B. R. C. 641. 
 The minority view. 5 B. R. C. 642. 
 Where the grantee has not assumed the 
 mortgage. 5 B. R. C. 646. 
 Extension of time to original debt- 
 or as discharging grantee of 
 mortgaged premises. 5 
 
 B. R. C. 650. 
 Extension as releasing guarantor 
 of mortgage. 5 B. R. C. 650. 
 
 § 30. Of mortgagee. 
 
 Rights of mortgagee to insurance money, 
 see iNsmsANCE, § 185. 
 
 Injunction against cutting of timber by 
 mortgagor or mortgagee. 43 L.R.A. 
 (N.S.) 268. 
 
 Mortgagee of leasehold as an assignee lia- 
 ble to lessor for rent. 52 L.R.A. (N.S.) 
 987. 
 
 Rights of mortgagee as to captured prop- 
 erty. 5 B. R. C. 1002. 
 
 Right of mortgagee to compensation for im- 
 provements made by one entering un- 
 der permission from mortgagor before 
 condemnation. L.R.A.1916F, 989. 
 
 § 31. —mortgagee in possession. 
 
 Application of rents received by mortgagee 
 
 in possession. 4 B. R. C. 829. 
 Right and duty of mortgagee in possession 
 as to repair or improvement of 
 property. 49 L.R.A. (N.S.) 122. 
 Repairs. 49 L.R.A. (N.S.) 123. 
 
 Duty to make. 49 L.R.A. (N.S.) 
 
 123. 
 Right to reimbursement. 49 L.R.A. 
 (N.S.) 123. 
 Nature of repairs. 49 L.R.A. 
 (N.S.) 124. 
 I Good faith. 49 L.R.A. (N.S.) 
 
 124. 
 Improvements. 49 L.R.A. (N.S.) 124. 
 Duty to make. 49 L.R.A. (N.S.) 
 
 124. 
 Right to reimbursement. 49 L.R.A. 
 (N.S.) 125. 
 Nature of improvement. 49 
 
 L.R.A.(N.S.) 126. 
 Good faith. 49 L.R.A. (N.S.) 
 
 126. 
 Consent. 49 L.R.A. (N.S.) 128. 
 Amount of reimbursement. 49 
 
 L.R.A.(N.S.) 129. 
 Rent on enhanced value. 49 L.R.A. 
 (N.S.) 130. 
 Consult also L.R.A. Digests to date. 
 
 MORTGAGE, II. g—confd. 
 
 2. As to taxea, 
 
 § 32. Generally. 
 
 Right of mortgagee to notice to redeem from 
 tax sale. 44 L.R.A. (N.S.) 669, 676, 679. 
 
 ft. Bondholders. 
 
 § 34. Generally. 
 
 Right of detached coupons to benefit of 
 mortgage securing bonds. 43 L.R.A. 
 (N.S.) 82. 
 
 III. Priority. 
 
 § 35. Generally. 
 
 Marshaling assets for benefit of mortgagor. 
 
 47 L.R.A.(N.S.) 302. 
 Priority, as between dower and purchase 
 
 money mortgage. 52 L.R.A. (N.S.) 540. 
 
 IV. Sale of mortgaged property; as- 
 sumption of deM. 
 
 g 40. Generally. 
 
 Covenants against mortgages, see Cove- 
 nants, III. d. 
 
 Effect of purchase at tax sale by or in the 
 interest of mortgagor or guarantor of 
 mortgage indebtedness, or purchaser of 
 equity of redemption. 52 L.R.A. (N.S.) 
 877. 
 
 § 41. Rights of purchaser. 
 
 Right of vendee of land subject to mortgage 
 to raise question of usury. 48 L.R.A. 
 (N.S.) 840. 
 
 § 43. Iiiability of purchaser. 
 
 Liability of intermediate grantee who has 
 assumed the mortgage as affected by 
 extension of time given to his grantee 
 by the mortgagee. 5 B. R. C. 633. 
 
 Right of mortgagee to enforce purchaser's 
 promise to pay the mortgage where 
 the grantor, or promisee, was not him- 
 self liable. L.R.A.1916D, 154. 
 
 V. Assignment of mortgage. 
 
 § 50. Rights of assignee. 
 
 As against subsequent bona fide purchaser 
 or encumbrancer relying on an appar- 
 ent discharge of mortgage by mort- 
 gagee. L.R.A.1915r, 554, 
 
 VI. Payment; discharge; release; ex- 
 tinction or extension of lien, 
 
 a. In general. 
 
 § 52. Generally. 
 
 Subrogation to rights of mortgage, see Sub- 
 
 BOGATION, § 4; 
 
 Recovery of payment unlawfully demanded 
 by mortgagees as made in duress of 
 real property. L.R.A.1915B, 498. 
 
422 , 
 
 INDEX TO NOTES. 
 
 MORTGAGE, VI. a.— cont'd. 
 
 Repudiating cotenancy as affecting right to 
 contribution of cotenant paying encum- 
 brance. L.R.A.1915B, 973. 
 
 Riglit of lienor to proceeds where property 
 is sold with his consent under agree- 
 ment that proceeds shall be applied to- 
 ward payment of debt. L.R.A.1915C, 
 166. 
 
 Riglit of assignee as against subsequent 
 bona fide purchaser or encumbrancer 
 relying on an apparent discharge of a 
 mortgage by the mortgagee. L.R.A. 
 1915F, 554. 
 
 b. What operates as a discharge or 
 
 satisfaction. 
 
 § 56. Generally. 
 
 Payment to one not in possession of mort- 
 gage. L.R.A.1916B, 860. 
 
 c. Merger; heeping alive; reinstate- 
 
 ment. 
 
 § 59. Revival; reinstatement. 
 
 Revival of discharged mortgage in favor of 
 assignee of equity of redemption, who 
 pays it, as against junior lien. 47 
 L.R.A.(N.S.) 1190. 
 
 VII. Enforcement; powers of sale, 
 a. In general. 
 
 § 61. Generally. 
 
 Enforcement of mortgage against alien 
 enemy. 5 B. K. C. 597. 
 
 § 62. Effect of foreclosure. 
 
 Effect of foreclosure of mortgage on leased 
 premises to transfer reversion. L.R.A. 
 1915C, 204. 
 
 h. On default of interest, instalment, 
 taxes, etc.; acceleration. 
 
 § 65. Generally. 
 
 Effect of acceleration provision in mortgage 
 or note to start statute of limitations 
 running. 51 L.R.A. (N.S.) 151. 
 Acceleration provision as affecting nego- 
 tiability of notes. L.R.A.1915B, 473. 
 Right of mortgagor or owner of equity of 
 redemption to contest validity of tax 
 paid by mortgagee. L.R.A.1915D, 432. 
 Differences between bond or note and mort- 
 gage, affecting maturity. 46 L.R.A. 
 (N.S.) 475. 
 Scope. 46 L.R.A.(N.S.) 475. 
 General rules. 46 L.R.A. (N.S.) 476. 
 Both instruments to be construed to- 
 gether. 46 L.R.A.(N.S.) 476. 
 Conflict in the instruments. 46 L.R.A. 
 
 (N.S.) 477. 
 Acceleration clause in one instrument 
 only. 46 L.R.A. (N.S.) 478. 
 In note, and not »n mortgage. 46 
 
 L.R.A.(N.S.) 479. 
 In mortgage and not in note. 46 
 L.R.A.(N.S.) 479. 
 
 Begin with this hoole on every law question. 
 
 MORTGAGE, VII. b— cont'd. 
 
 Effect on foreclosure. 4f 
 
 L.R.A.(N.S.) 479. 
 Effect on maturity of note oi 
 bond. 46 L.R.A. (N.S.) 
 480. 
 Miscellaneous. 46 L.R.A. (N.S.) 482. 
 
 e. Defenses. 
 
 § 73. Generally. 
 
 Effect of bar of other remedy to bar fore- 
 closure suit, see Limitation op Ac- 
 tions, § 14. 
 
 When statute of limitations runs on actioii 
 to foreclose mortgage, see Limitation 
 OF Actions, § 28. 
 
 When action to foreclose mortgage is 
 barred, see Limitation of Actions, § 
 50. 
 
 Right to open default in foreclosure pro- 
 ceedings as affected by character of 
 defense. L.R.A.1916F, 854. 
 
 Existence of state of war as defense to 
 enforcement of mortgage against alien 
 enemy. 6 B. R. C. 597. 
 
 /. Decree. 
 
 § 74. Generally. 
 
 Decree for deficiency, see infra, § 84. 
 
 Right to open default judgment as affected 
 by character of defense. L.R.A. 1916f, 
 854. 
 
 g. Power of sale ; strict foreclosure. 
 
 g 75. Generally^ 
 
 May a power of sale be implied where a 
 mortgage gives no express power. 3 
 B. R. C. 925. 
 
 § 77. Sale under power. 
 
 As to rights of purchasers at sale under 
 power, see infra, § 80. 
 
 Dower in land sold under power of sale 
 in mortgage given for purchase money. 
 52 L.R.A.(N.S.) 548, 550. 
 
 h. Sale. 
 
 1. In general. 
 
 § 78. Generally. 
 
 Under power in mortgage, see supra, § 77. 
 Proceeds of, see infra, § 83. 
 
 Necessity of pleading statute of frauds in 
 action to set aside sale under mortgage. 
 49 L.R.A.(N.S.) 37. 
 
 3. Purchasers and their rights, title, 
 liabilities, etc. 
 
 (a) In general, 
 
 § 80. Generally. 
 
 Estoppel as against purchaser at foreclosure 
 sale to assert title or interest in prop- 
 erty by concealing the same or repre- 
 senting it to be in another. 48 L.R.A. 
 (N.S.) 753, 760. 
 
INDEX TO NOTES. 
 
 423 
 
 MORTGAGE, VII. h~, 2— cont'd. 
 ■Usury in mortgage as affecting rights of 
 purchaser under foreclosure. L.E.A. 
 1915D, 349. 
 Liability to purchaser, of mortgagee who 
 sells under a power in the mort- 
 gage. 49 L.R.A.(N.S.) 513. 
 Nature of the sale. 49 L.R.A.(N.S.) 
 
 513. 
 Caveat emptor. 49 L.E.A. (N.S.) 514. 
 Warranties. 49 L.R.A.(N.S.) 514. 
 Mortgagee's failure to complete. 49 
 
 L.R.A.(N.S.) 515. 
 Fraud and deceit. 49 L.R.A.{N.S.) 
 515. 
 
 t. Surplus; proceeds of sale. 
 
 f 83. Generally. 
 
 Eight of mortgagor or owner of equity of 
 redemption to maintain action for mon- 
 ey had and received for surplus re- 
 ceived by mortgagee on sale of property. 
 
 44 L.E.A. (N.S.) 1041. 
 
 j. Deficiency. 
 
 § 84. Generally. 
 
 Effect of statutory provision abolishing de- 
 ficiency judgments for mortgage debts. 
 
 45 L.R.A.(N.S.) 247. 
 
 VIII. Redemption.^ 
 
 % 85. Generally. 
 
 From tax sale, seee Taxes, IV. j. 
 
 Right of owner of equity of redemption to 
 maintain action for money had and re- 
 ceived for surplus received by mortgagee 
 on sale of property. 44 L.E.A. (N.S.) 
 1041. 
 
 Right of owner of equity of redemption to 
 contest validity of tax paid by mort- 
 gagee. L.R.A.1915D, 432. 
 
 Revival of discharged mortgage in favor of 
 assignee of equity of redemption who 
 pays it as against junior lien. 47 
 L.R.A.(N.S.) 1190. 
 
 Inchoate dower rights of wife of mortgage 
 in equity of redemption under purchase 
 money mortgage. 52 L.E.A. (N.S.) 547. 
 
 Usury in mortgage as affecting rights of 
 redemptioners under foreclosure. 
 L.E.A.1915D, 349. 
 
 § 86. Right of. 
 
 Parol evidence that grantor in written con- 
 veyance absolute in form but intended 
 as a mortgage has relinquished his 
 right of redemption to the grantee. 
 L.E.A.1916B, 581. 
 
 Eight to redeem as affected by deed de- 
 livered in escrow as further security 
 for debt. L.E.A.1915B, 492. 
 
 MOTIONS AND ORDERS. 
 
 § 1. Generally. 
 
 Motion in arrest of judgment, see Judg- 
 ment, § 19. 
 
 Pendency of motion as extending time to 
 plead. 47 L.E.A. (N.S.) 853. 
 
 § 3. Orders. 
 
 Order of court requiring the doing or omis- 
 sion of an act as defense to a criminal 
 prosecution. L.R.A.1916B, 767. 
 
 Liability of trustee for losses on invest- 
 ments made under order of court. 44 
 L.E.A.(N.S.) 940. 
 
 Effect of failure to obtain order of court on 
 liability of trustee for losses on invest- 
 ments. 44 L.E.A. (N.S.) 943, 
 
 MOTIONS IN ARREST. 
 
 In criminal prosecution, see Criminal Law, 
 
 § 58. 
 In civil action, see Judgment, § 19. 
 
 MOTIVE. 
 
 § I. Generally. 
 
 Eelevancy of evidence as to, see Evidence, 
 
 § 258. 
 Purpose, see Purpose. 
 See also Malice. 
 
 Good motive as affecting criminal charge 
 involving obscene, indecent or profane 
 language or literature. L.R.A.1916B, 
 1121. 
 
 Power of court to inquire into the motives 
 of the governor in exercising the par- 
 doning power. 52 L.R.A.(N.S.) 113. 
 
 § 2. Effect of. ^ 
 
 Assault as affected by beneficent purpose. 
 45 L.E.A.(N.S.) 455. 
 
 Beneficent purpose as excuse or justification 
 of combination to raise price of com- 
 modity. 51 L.E.A.(N.S.) 244. 
 
 MOTOR CYCLE. 
 
 As to automobiles, see Automobiles. 
 As to bicycle, see Bicycles. 
 
 MOTORMAN. 
 
 In general, see Street Eailwats, IV. b. 
 As fellow servants. 52 L.E.A. (N.S.) 1094. 
 
 « « > 
 
 MORTGAGEE IN POSSESSION. 
 
 See Mobtgage, § 31. 
 
 Consult also L.B.A. Digests to date. 
 
 MOTOR VEHICLE. 
 
 See also Automobiles; Motor Cycles. 
 
424 
 
 INDEX TO NOTES. 
 
 MOTOR VEHICLE— cont'd. 
 Private action for violation of statute regu- 
 lating use of. L.R.A.1915E, 540. 
 
 MOUTH. 
 
 As to whether sodomy may be committed by 
 penetration of mouth. 45 L.K.A. (N.S.) 
 473. 
 
 MOVING PICTURES. 
 
 Use of school property for purpose of mov- 
 ing picture shows. 50 L.R.A. (N.S.) 
 1182. 
 Power of state or municipality to determine 
 location of moving picture theaters. 
 L.R.A.1916D, 99. 
 Censorship of motion picture film. L.R.A. 
 1916C, 227. 
 Constitutionality of moving picture 
 censorship acts. L.R.A.1916C, 228. 
 Prohibition of importation of prize fight 
 films. L.R.A.1916C, 228. 
 
 MULATTO. 
 
 Who is a mulatto within statute not specif- 
 ically defining the same. L.R.A.1915A, 
 828. 
 
 ♦ « » 
 
 MULTIFARIOUSNESS. 
 
 See Action or Suit, VI. 
 
 * ■ > 
 
 MULTIPLE RESIDENCE STRUC- 
 TURES. 
 
 As violation of restrictive covenants. 45 
 L.R.A.(N.S.) 726. 
 
 MULTIPLICITY OF ACTIONS. 
 
 As ground for equitable jurisdiction, see 
 Equity, § 4; Injunction, § 4. 
 
 MUNICIPAL CORPORATIONS. 
 
 I. In general, §§ l—3a. 
 II. Legislative control over, §§ 3—5. 
 III. Organisation; charter; form of 
 government; initiative and refer- 
 endum, §§ 6—9. 
 IT. Territory; boundaries; annexa- 
 tion; division, §§ 10—13 
 
 MUNICIPAL CORPORATIONS— cont'd. 
 V. Powers, duties, and liabilities, g, 
 1^-111. 
 a. Powers generally, §§ 14—17. 
 6. Delegation of power, § IS. 
 
 c. Iiegislative functions; ordinan 
 
 ces; by-laws, §§ 10—53. 
 1. In general, §19. 
 3. Council meetings; enact 
 
 ment and repeal of ordi 
 
 nances, §§ 30-33. 
 8. Construction and effect o 
 
 ordinances generally, ; 
 
 23. 
 4:. Validity of ordinances, ex 
 tent of power, §i 
 24-50. 
 
 (a) In general, §§ 3i- 
 
 36. 
 
 (b) As to streets, waters 
 
 drains, and sewen 
 §§ 37-39. 
 
 (c) As to public service 
 
 §§ 30-33. 
 
 (d) As to health am 
 
 safety, § 33. 
 
 (e) As to nuisances, #; 
 
 (f) Regulation of busi 
 
 ness, §§ 4:3-50. 
 S. Violation and enforcemen 
 of ordinance, § 51. 
 
 d. Contracts generally, §§ S3— 60 
 
 1. In general, §§ 53—57. 
 3. Invplied contracts, §§ 58- 
 
 60. 
 B. Borrowing; indebtedness; ex 
 
 penditures, §§ 61—67. 
 1. In general, §§ 61-64. 
 
 f. Property rights; niunicipa 
 
 plants, §§ 68-71. 
 
 g. Liability for damages, §§ 73- 
 
 101. 
 
 1. In general, §§ 72-80. 
 
 2. For acts of officers o 
 
 agents, §§ 81-84. 
 
 3. For acts of licensees or in 
 
 dependent contractors, ; 
 85. 
 
 4. As to drains, sewers, am 
 
 waters generally, §§ 86- 
 94. 
 
 5. As to streets, bridges, am 
 
 paries, §'§ 95—97. 
 
 6. As to buildings; prison 
 
 §§ 98, 99. 
 gg. Critninal liability, § 101a. 
 h. Claims against or in favor o) 
 §§ 103-108. 
 1. Claims against, §§ 102- 
 
 107. 
 3. Claiins in favor of, § lOi 
 i. Taxation, §§ 109—111. 
 VI. Officers and employees, §§ 112- 
 122. 
 
 I. In general, 
 
 § 1. Generally. 
 
 As to chamber of commerce, see Chamber o 
 Commerce. 
 
 Begin with this booU on every law question. 
 
INDEX TO NOTES. 
 
 425 
 
 MUNICIPAL COEPOKATIONS, I.— cont'd. 
 
 Estoppel of, see Estoppel, I. 
 
 Local improvements by, see Public Im- 
 
 PEOVEMENTS. 
 
 Use of public funds to pay expenses in- 
 curred by citizen for benefit of munici- 
 pality. L.R.A.1916D, 94. 
 
 § 2a. Actions by or against. 
 
 Injunction against, see Injunction, II. 1. 
 Injunction by municipality against nui- 
 sance, see Injunction, § 29. 
 
 Applicability of statute of limitations to 
 
 actions by. L.R.A.1916E, 97. 
 Venue of action against municipality. 
 
 L.R.A.1915F, 1029. 
 Liability of municipal corporation to suit 
 
 outside of state in which it is situated. 
 
 L.E.A.1915F, 1025. 
 
 II. Legislative control over, 
 
 § 3. Generally. 
 
 I'ower of legislature to compel payment 
 by municipal corporations of nonlegal 
 demands. L.R.A.1915D, 927. 
 
 § 4. Classification of cities. 
 
 See Statutes. 
 
 § 5. Iiocal self-government. 
 
 See Constitutional Law, § 21. 
 
 III. Organization; charter; form of 
 government; initiative and referen- 
 diim. 
 
 § 7. Charter. 
 
 Power of legislature to delegate to a, mu- 
 nicipality authority to form or amend 
 its charter. 43 L.R.A.(N.S.) 339. 
 
 § 8. Commission form of govern- 
 ment. 
 
 Constitutionality of commission form of 
 government" 51 L.R.A.CN.S.) 632. 
 
 § 9. Initiative anci referendum. 
 
 Initiative and referendum. 50 L.R.A. 
 (X.S.) 196. 
 
 IV. Territory ; boundaries; annexation; 
 
 division. 
 
 § 10. Bonndariea. 
 
 Boundary of municipality on navigable wa- 
 ters. 47 L.R.A.(N.S.) 1361. 
 
 Boundaries on navigable streams. 47 
 L.R.A. (N.S.) 1162. 
 
 Boundaries on navigable waters other 
 than streams. 47 L.R.A. (N.S.) 
 1164. 
 
 § 11. Annexation; extension. 
 
 Incorporation of territory into municipality 
 as aflfecting existing contract of pub- 
 lic service corporation to supply a com- 
 modity of service in that territory. 
 L.R.A.1916A, 1071. 
 Consult also L.R.A. Digests to date. 
 
 MUNICIPAL CORPORATIONS, . IV.— 
 
 cont'd. 
 Incorporation of territory into municipality 
 as affecting prior rights as to use 
 of highway. 47 L.E.A.(N.S.) 607. 
 Water pipes. 47 L.R.A. (N.S.) 607. 
 Poles and wires. 47 L.R.A. (N.S.) 608. 
 Gas pipes. 47 L.R.A. (N.S.) 608. 
 Railroads and street railways. 47 
 
 L.R.A. (N.S.) 608. 
 Sewers. 47 L.R.A. (N.S.) 610. 
 Irrigation ditch. 47 L.R.A. (N.S.) 610. 
 Sanitary districts. 47 L.R.A. (N.S.) 610. 
 
 V. Powers, duties, and liabilities. 
 
 a. Powers generally. 
 
 § 14. Generally. 
 
 Power to regulate carriers, see Carriebs, V. 
 
 Power of eminent domain, see Eminent Do- 
 main. 
 
 Injunction by municipality, see Injunction, 
 § 29. 
 
 Power to control private charity. L.R.A. 
 1916D, 912. 
 
 Power of municipality to make binding 
 contract as to rates of public service 
 corporation. L.R.A.1915C, 264. 
 
 Power of municipality to assume part or 
 all of burden of adapting street or 
 bridges for use of railroads or street 
 railways. 50 L.R.A. (N.S.) 143. 
 
 Police power of municipal corporation over 
 school building within its limits. 47 
 L.R.A. (N.S.) 892. 
 
 § 16. Power to engage in private en- 
 terprise. 
 
 Right of municipal corporation to engage in 
 enterprise generally regarded as of a 
 private ■character. 51 L.R.A. (N.S.) 
 1143. 
 
 § 17. Ponrer to discriminate. 
 
 Monopoly or discrimination in contract, see 
 infra, § 54. 
 
 Effect of discrimination by municipality in 
 designating standing places for cabs 
 and other similar vehicles. L.R.A. 
 1915F, 726. 
 
 Power of municipality operating a public 
 utility to make a special rate to a par- 
 ticular company or person. L.R.A. 
 1916D, 996. 
 
 ft. Delegation of power. 
 
 §18. Generally. 
 
 Delegation of power to municipality, see 
 Constitutional Law, § 15. 
 
 c. Legislative functions; ordinances; 
 by-laws. 
 
 1. In general. 
 
 § 19. Generally. 
 
 License by, see License, II. 
 Duties imposed on railroad company by 
 ordinance, see Eailboads, § 50. 
 
426 
 
 INDEX TO NOTES. 
 
 MUNICIPAL COEPOEATIONS, V. c, 1— 
 
 oonfd. 
 Violation of ordinance by street railway 
 
 company, see Street Railways, § 11. 
 
 Violation of municipal ordinance as a pub- 
 lic offense or crime. 48 L.E.A. (N.S.) 
 156. 
 
 3. Council meetings; enactment and 
 repeal of ordinances, 
 
 % 21. Enactment. 
 
 As to initiative and referendum, see Initia- 
 tive, Rbfeeendum and Recall, § 1. 
 
 3. Construction and effect of ordinan- 
 ces generally. 
 
 § 33. Generally. 
 
 Hand car as a car within ordinance. L.R.A. 
 1915A, 817. 
 
 Who is a peddler or hawker within munic- 
 ipal regulations. L.R.A.1916B, 1293. 
 
 Is ordinance requiring covering of sidewalk 
 where building is in process of construc- 
 tion for benefit of servants. 45 L.E.A. 
 CN.S.) 550. 
 
 Effect of ordinance on question of right of 
 way as between street car and vehicle 
 at point where streets bisect or inter- 
 sect. 49 L.R.A.{N.S.) 512. 
 
 4. Validity of ordinances, extent of 
 power. 
 
 (a) In general. 
 
 § 2i. Generally. 
 
 Regulation of automobiles, see Automo- 
 biles, § 1. 
 
 Power to regulate buildings, see BmLDiNGS, 
 §§ 1-6. 
 
 Regulations as to fire limits, see Buildings, 
 S 4. , 
 
 Regulations as to fire escapes, see Build- 
 , mos, § 5. 
 
 Power as to intoxicating liquors, see In- 
 toxicating Liquors, II. 
 
 Ordinance as to speed of trains, see Rail- 
 roads, § 72. 
 
 Reasonableness of ordinance as a question 
 for court or jury. L.R.A.1915F, 1196. 
 
 Validity of ordinance for prevention of 
 cruelty to animals. L.R.A.1916A, 951. 
 
 Validity of segregation statute or ordinance 
 prohibiting persons of different race or 
 color from living in s^me locality. 47 
 L.E.A.(N.S.) 1087; L.R.A.1915D, 684. 
 
 § 25. Ordinances as to matters cov- 
 ered by state laws. 
 
 Validity of license tax on automobiles as 
 affected by state regulation. 52 L.R.A. 
 (N.S.) 958. 
 
 (i) As to streets, waters, drains, and 
 sewers. 
 
 § 27. As to streets. 
 
 As to drains in, see infra, § 29. 
 
 Begin with this hooTt on every lau} quesUon. 
 
 MUNICIPAL CORPORATIONS, V. c, 4- 
 
 cont'd. 
 Power over nuisances affecting, see infr 
 
 § 36. 
 Liability with reference to streets, see i 
 
 fra, § 96. 
 Regulation and license of automobiles i 
 
 see Automobiles, § 1. 
 Power as to hacks and hack stands, 8< 
 
 Hacks, § 2. " 
 Power as to streets generally, see HiG] 
 
 WATS, IV. 
 
 Powers as to railroads in street, see Higi 
 
 "WATS, IV. e. 
 Regulation of use of jitney buses on higl 
 
 ways, see Jitney Buses. 
 Power as to street railways, see Strei 
 
 Railways, II. 
 As to nuisances in streets generally, s( 
 
 HiGHWATS, rv. g. 
 License on vehicles generally, see Licens 
 
 § 43. 
 
 Validity of statute or ordinance giving ai 
 perior rights in public streets to ce 
 tain vehicles. 43 L.E.A. (N.S.) 600. 
 
 Power of municipality to prevent gatherin 
 or assembling of persons in street or o 
 sidewalk. 52 L.E.A. (N.S.) 999. 
 
 § 28. As to Tvaters. 
 
 Ownership of waterworks plant, see infri 
 
 § 70. 
 Liability as to, see infra, §§ 90-94. 
 
 (c) As to public service. 
 
 § 30. Generally. 
 
 Powers as to railroads, see Highways, l\ 
 
 e. 
 Power as to street railways, see Stree 
 
 Railwats, II. 
 
 Power of municipality, apart from coi 
 
 tract, to regulate the rates to b 
 
 charged by public service corpors 
 
 tions. 43 L.E.A.(N.S.) 994. 
 
 Change of rates. 43 L.R.A. (N.S.) 99; 
 
 Power of municipality to make binding coi 
 
 tract as to rates of public service coi 
 
 porations. L.R.A.1915C, 264. 
 
 § 31. Ferries. 
 
 License of, see License, § 27. 
 
 Power of municipality to establish an 
 regulate ferry. L.R.A.1916D, 832. 
 
 Power of municipality as to Internationa 
 or interstate ferries. 52 L.R.A. (N.S. 
 
 574. 
 
 (d) As to health and safety. 
 
 § 33. Generally. 
 
 As to nuisances affecting, see infra, § 41 
 As to health generally, see Health. 
 
 Power of municipal corporation to gran 
 exclusive right or create monopoly fo 
 removal of substances inimical t 
 health. L.R.A.1915D, 209. 
 
 Sanitary regulations as to stables. 4 
 L.R.A. (N.S.) 575. 
 
INDEX TO NOTES. 
 
 427 
 
 MUNICIPAL OORPORATIONS, V. c, 4— 
 cont'd. 
 
 Power to prohibit or restrict use of tobacco. 
 51 L.R.A.(N.S.) 562. 
 
 Validity of ordinances for extermination 
 of vermin. L.E.A.1916A, 1239. 
 
 Validity of ordinance requiring commercial 
 or mercantile establishments to close 
 at certain hours. L.E.A.1916A, 654. 
 
 Power of municipality to determine loca- 
 tion of places of amusement. L.E.A. 
 1916D, 99. 
 
 (e) As to nuisances. 
 
 § 34. Generally. 
 
 Municipal liability as to, see infra, § 77. 
 Injunction by municipality against nui- 
 sance, see Injunction, § 29. 
 As to nuisances generally, see Nuisances. 
 
 Sanitary regulations as to stables. 45 
 
 L.R.A.(N.S.) 575. 
 Ordinances with respect to disposal of dead 
 
 animals. 48 L.E.A.(N.S.) 979. 
 
 § 35. Foirer to define, prevent, and 
 abate. 
 
 Right to maintain suit to enjoin or abate 
 a public nuisance. L.R.A.1916D, 1020. 
 
 § 36. Affecting higlmrays and iraters. 
 
 As to nuisances in streets generally, see 
 Highways, IV. g. 
 
 § 41. Affecting safety, health, and 
 personal comfort. 
 
 Ordinances with respect to disposal of dead 
 animals. 48 L.E.A. (N.S.) 979. 
 
 Power to determine location of places of 
 amusement. L.R.A.1916D, 9,9. 
 
 (f) Regulation of business. 
 
 § 42. Generally. 
 
 License to engage in particular business, 
 see Intoxicating Liquoes, III.; Li- 
 cense, II. 
 
 Regulation of liquor traffic, see Intoxicat- 
 ing Liquobs, II. 
 
 Validity of public restrictions as to location 
 of mercantile business. 49 L.E.A. 
 (N.S.) 438. 
 
 § 50. Miscellaneons. 
 
 Validity of ordinance for the settlement of 
 weights as between buyer and seller by 
 public weigher. 51 L.E.A. (N.S.) 731. 
 
 Validity of ordinance fixing minimum wage 
 for person employed upon public work. 
 51 L.R.A.(N.S.) '686. 
 
 Power of municipality to determine loca- 
 tion of places of amusement. L.E.A. 
 1916D, 99. 
 
 5. Violation and enforcement of ordi- 
 nance. 
 
 § 51. Generally. 
 
 Violation of ordinance as negligence, see 
 
 Neglige^tce, § 10. 
 Private action for violation of, see Private 
 
 Action, § 2. 
 Consult also L.R.A. Digests to date. 
 
 MUNICIPAL CORPORATIONS, V. c, 5— 
 confd, I 
 
 Character of proceeding for violation of 
 municipal ordinance as civil or crim- 
 inal. 48 L.E.A.(N.S.) 156. 
 
 Cruel and unusual punishment for violat- 
 ing. L.E.A.1915C, 569. 
 
 Eemoval of officer for failure to enforce 
 criminal or penal ordinance. 50 L.E.A. 
 (N.SO 841. 
 
 Liability of municipality for failure to en- 
 force ordinance in relation to animals. 
 L.E.A.1915E, 448. 
 
 Violation of ordinance in relation to bloclc- 
 ing railroad crossing as affecting lia- 
 bility for injury. 47 L.E.A.(N.S.) 
 820. 
 
 d. Contracts generally. 
 
 1. In general. 
 
 § 53. Generally. 
 
 Liability on implied contract, see infra, § 59. 
 Bonds of, see Bonds, III. 
 Bond of contractor, see Bonds, II. b. 
 Provision in, for payment of laborers anil 
 materialmen, see Building and Con- 
 
 STBUCnON CONTBACTS, § 2. 
 
 As to public contracts generally, see Con- 
 tracts, VIII. 
 
 Validity of, and liability on, contracts with 
 officer, see Contracts, §§ 99, 9'9a. 
 
 Eights and remedies of lowest bidder, see 
 Contracts, § 160. 
 
 Estoppel of municipality by contract, see 
 Estoppel, § 2a. 
 
 Contracts for public improvements, see 
 Public Improvements, III. 
 
 Eights and remedies where contracts are 
 invalid. L.E.A.1915A, 904. 
 
 Eight of seller of property to municipal 
 corporation under invalid contract to 
 retake or remove the property upon re- 
 fusal of payment. L.E.A.1915B, 173. 
 
 Ratification of invalid contract. L.E.A. 
 1915A, 1023. 
 
 Sufficiency of consideration received upon 
 disposal of municipal property. 43 
 L.E.A.(N.S.) 1137. 
 
 May a municipal contract for a term ex- 
 ceeding authority be enforced to the 
 extent to which it was authorized. 52 
 L.E.A.(N.S.) 512. 
 
 Lack of, or invalidity of franchise as de- 
 fense to an action by a public service 
 corporation against a municipality for 
 service rentals. 52 L.E.A. (N.S.) 713. 
 
 § 54. Monopoly or discrimination in. 
 
 Power to discriminate generally, see supra, 
 § 17. 
 
 Validity of contract for material patented 
 or held in monopoly where a letting to 
 the lowest bidder is required. 46 L.E.A. 
 (N.S.) 990. 
 
 Eight of municipality or other public body 
 to discriminate in favor of union labor. 
 52 L.E.A.(N.S.) 728. 
 
428 
 
 INDEX TO NOTES. 
 
 MUNICIPAL CORPOBATIONS, V. d, 1— 
 
 cont'd. 
 Power of municipal corporation to grant 
 
 exclusive right or create monopoly for 
 
 removal of substances inimical to 
 
 health. L.R.A.1915D, 209. 
 
 § 55. Foirer to bind successors; dura- 
 tion of contract. 
 
 Power of. board to make contract for term 
 extending beyond its own term. L.R.A. 
 1915E, 581. 
 
 § 57. liiability of other party for 
 violation of. 
 
 Consumer's right to compel public service 
 corporation to respect rates stipulated 
 in contract with municipality. L.K.A. 
 1915D, 917. 
 
 3. Implied contracts. 
 
 § 59. Liability on. 
 
 Liability of municipality or other public 
 corporation on implied contract. 46 
 L.R.A.(N.S.) 921. 
 
 e. Borrowing; indebtedness; expendi- 
 tures. 
 
 1. In general. 
 
 § 61. Generally. 
 
 Municipal bonds generally, see Bonds, III. 
 
 l''or what purposes public money may be 
 used by municipality, see Public Mon- 
 et, § 4. 
 
 Mandamus to compel issuance of munici- 
 pal warrant to pay indebtedness. 
 L.E.A.1916D, 325. 
 
 /. Property rights; municipal plants. 
 
 § 68. Generally. 
 
 As to valuation, return, etc., see Public 
 
 Service Cokpobations. 
 Taxation of property of municipality, see 
 
 Taxes, §§ 31, 32. 
 
 Power of municipality operating a public 
 utility to make a special rate to a 
 particular company or person. L.R.A. 
 1916D, 996. 
 
 § 69. Lighting plant. 
 
 As to valuation, return, etc., see Public 
 Service Cobpoeations. 
 
 Power of legislature to compel municipality 
 to establish lighting plant or to pur- 
 chase existing plant. 44 L.R.A. (N.S.) 
 1189. 
 
 Power to make a special rate to a particu- 
 lar company or person. L.R.A.1916D, 
 996. 
 
 Liability for torts in connection with. 43 
 L.R.A.(N.S.) 862; L.R.A.1916E, 316. 
 
 § 70. Waterworks. 
 
 Liability in connection with, see infra, §§ 
 
 93, 94. 
 As to valuation, return, etc., see Public 
 
 Service Corpoeations 
 
 MUNICIPAL CORPORATIONS, V. f- 
 
 cont'd. 
 Supply of water by private corporations, sei 
 
 Waters, III. 
 
 Power of legislature to compel municipal 
 ity to establish water plant, or to pur 
 chase existing plant. 44 L.R.A. (N.S.) 
 1189. 
 
 Taxation of waterworks located in one 
 state or municipality but belonging te 
 another. 50 L.R.A. (N.S.) 243. 
 
 Eight of municipality to establish watei 
 plant in competition with company tc 
 which it has granted a franchise 
 L.R.A.1915C, 439. 
 
 Right of municipal corporation to require 
 use of water meters and to impose ex- 
 pense of same on consumer. L.R.A, 
 1915A, 320. 
 
 Power to make a special rate to a particu- 
 lar company or person. L.R.A.1916D, 
 996. 
 
 g. Liability for damages, 
 
 1. In general. 
 
 § 72. Generally. 
 
 Liability on contracts, generally, see supra, 
 V. d. 
 
 Liability for injury by animals, see Ani- 
 mals, § 16. • 
 
 Liability on contract with officer in which 
 he is personally interested, see Con- 
 tracts, § 100a. 
 
 Liability for injury by electricity, see Elec- 
 tricity, § 13. 
 
 § 7!3a. Recovery over from other 
 wrongdoer. 
 
 See Highways, § 95; Indemnity, § 4. 
 
 § 73. Liability for negligence in per- 
 formance of public function. 
 
 Private or governmental capacity of city in 
 its maintenance or operation of bridge. 
 L.R.A.1915F, 1063. 
 
 Street cleaning as a governmental function, 
 L.R.A.1915C, 741. 
 
 Liability for injuries to health from com- 
 pulsory vaccinatiooi. L.R.A.1916B, 
 918. 
 
 § 74. Destrnction of property. 
 
 S 75. — property destroyed by mobs- 
 Liability for property destroyed by mob. 
 44 L.R.A. (N.S.) 358. 
 Grounds of liability. 44 L.R.A. (N.S.) 
 
 359. 
 Who may maintain action. 44 L.R.A. 
 
 (N.S.) 359. 
 What is a mob or riot. 44 L.R.A. 
 
 (N.S.) 359. 
 Proof of destruction. 44 L.R.A. (N.S.) 
 
 360. 
 Liability as affected by freedom from 
 
 fault. 44 L.R.A.(N.S.) 360. 
 Lack of funds. 44 L.R.A. (N.S.) 360. 
 Conduct of owner of property or his 
 employees. 44 L.R.A. (N.S.) 
 360. 
 
 Beain with this booTe on every law question. 
 
INDEX TO NOTES. 
 
 429 
 
 MUNICIPAL CORPORATIONS, V. g, 1— 
 cont'd. 
 
 Contributory negligence. 44 
 
 L.R.A(N.S.) 360. 
 Necessity of notice. 44 L.R.A. (N.S.) 
 
 360. 
 Mitigation of damages. 44 L.R.A. 
 
 (N.S.) 361. 
 Constitutionality of statute. 44 L.R.A. 
 
 (N.S.) 361. 
 
 § 77. Nuisances. 
 
 Power of municipality as to, see supra, §§ 
 
 34-41. 
 Nuisance caused by pollution of water, see 
 
 infra, § 89. 
 
 § 78. Dnrnping: sronnd; garbage; 
 ashes. 
 
 Liability for nuisance in throwing garbage 
 on surface. 43 L.R.A. (N.S.) 1038; 
 L.R.A.1915C, 747. 
 
 § SO. For injuries to employees. 
 
 Liability for injury to servant in connec- 
 tion with water works system. 52 
 L.R.A.(N.S.) 466. 
 
 3. For acts of officers or agents. 
 
 § 81. Generally. • 
 
 Liability of municipality for torts in con- 
 nection with its lighting plant. 43 
 L.R.A.(N.S.) 862; L.R.A.1915E, 
 316. 
 Where plant is used for both public 
 and private purpose. 43 L.R.A. 
 (N.S.) 863. 
 Where no authority to own and operate 
 plant. 43 L.R.A. (N.S.) 866. 
 Authority in, and management by, 
 a board. 43 L.R.A. (N.S.) 
 866. 
 Plant used only for lighting streets, 
 
 etc. 43 L.R.A. (N.S.) 866. 
 Where tort is in connection witli that 
 part of plant used solely for 
 lighting streets, etc. 43 L.R.A. 
 (N.S.) 868. 
 Liability of municipality for negligence of 
 bridge tender. 45 L.R.A. (N.S.) 98; 
 L.R.A.1915F, 1062. 
 Liability of municipality for negligence or 
 other tort of keeper or inmate of mu- 
 nicipal prison. 52 L.R.A. (N.S.) 943. 
 Liability for injuries to health from com- 
 pulsory vaccination. L.R.A. 1916B, 918. 
 Liability of municipal corporation for tres- 
 pass on private property where 
 committed in connection with 
 streets. L.R.A.1916r>, 1086. 
 General rule. L.R.A.1916D, 1087. 
 Causing earth, gravel, etc., to fall up- 
 on private property. L.R.A. 19161), 
 1087. 
 Removing earth, stone, and other ma- 
 terial from private property for 
 street use. L.R.A.1916D, 1088. 
 Destruction of private property er- 
 roneously believed to obstruct pub- 
 lic way. L.R.A.1916D, 1088. 
 Miscellaneous. L.R.A.1916D, 1089. 
 Consult also L.R.A. Digests to date. 
 
 MUNICIPAL CORPORATIONS, V. g, 2— 
 
 cont'd. 
 § 82. Police officers. 
 
 Municipal liability for torts of police of- 
 ficers. L.RA.1915E, 460. 
 
 § 83. Fire department. 
 
 Municipal liability for acts or negligence 
 of members of fire department. 44 
 L.R.A.(N.S.) 68. 
 
 3. For nets of licensees or independent 
 contractors. 
 
 § 85. Generally. 
 
 Liability for acts of independent contractor 
 in connection with water works system. 
 52 L.R.A. (N.S.) 467. 
 
 4. As to drains, sewers, and waters 
 generally. 
 
 % 86. Injury to person by drains and 
 servers. 
 
 Liability for open gutter or drain in higli,- 
 way causing injury to traveler. L.R.A. 
 1916F, 708. 
 
 § 87. Injury to property by drains 
 and senrers. 
 
 § 89. — pollution of uraters by. 
 
 Right of municipality to create nuisance by 
 pollution at point where its sewers dis- 
 charge. 47 L.R.A. (N.S.) 137. 
 
 § 90. Waters, generally. 
 
 Power of city as to, see supra, § 28. 
 Pollution of waters with sewage, see supra, 
 § 89. 
 
 Liability of municipality for damages by 
 changing the channel or course of a 
 stream. 47 L.R.A. (N.S.) 470. 
 
 § 91. Surface waters. 
 
 Obstruction of surface water in citv. 43 
 L.R.A.(N.S.) 792. 
 
 § 93. Water plant. 
 
 Liability of water company, see Waters, §§ 
 118, 119. 
 
 Liability of municipality for tort in connec- 
 tion with its waterworks system. 
 52 L.R.A.(N.S.) 465. 
 Insufficient water supply. 52 L.R.A. 
 
 (N.S.) 466. 
 As employer. 52 L.R.A. (N.S.) 466. 
 Liability to others than servants. 52 
 L.R.A.(N.S.) 466. 
 For damage caused by broken or 
 leaking pipes. 52 L.R.A. 
 (N.S.) 466. 
 For acts of independent contractor. 
 
 52 L.R.A.(N.S.) 467. 
 For obstruction in street. 52 
 L.R.A.(N.S.) 467. 
 Miscellaneous cases. 52 L.R.A. (N.S.) 
 467. 
 
 § 94. — lack of water to extinguish 
 fire. 
 
 Liability of water company, see Waters, § 
 119". 
 
430 
 
 INDEX TO NOTES. 
 
 MUNICIPAL COEiPORATIONS, V. g, 4^ 
 
 ccmfi. 
 For lack of water to extinguish fire. 52 
 
 L.E.A.(N.S.) 402, 466. 
 
 5. As to streets, bridges, and paries. 
 
 § 95. Streets. 
 
 Power of city as to, see supra, § 27. 
 
 Liability for injury in grading highway, see 
 Highways, §§ 50, 51. 
 
 Liability for changing grade of street, see 
 Highways, §§ 52, 53. 
 
 Liability for injuries resulting from condi- 
 tion of streets or highways, see High- 
 ways, §§ 57-77. 
 
 Liability for injuries from permitting or 
 failure to prevent improper use of 
 street, see Highways, § 77. 
 
 Recovery over by municipality for injury 
 due to defects in street, see Highways, 
 § 95. 
 
 Liability of municipality for temporarily 
 interfering with access to property in, 
 making improvements. 46 L.E.A. 
 (N.S.) 620. 
 
 Liability of municipal corporation for tres- 
 pass on private property where com- 
 mitted in connection with streets. 
 L.R.A.1916D, 1086. 
 
 § 96. Bridges. 
 
 See Bbidges, §§ 5, 6. 
 
 § 97. Parks. 
 
 Liability of municipal corporations for in- 
 juries through unsafe conditions in 
 parks or other public grounds other 
 than streets. L.R.A.1915C, 435. 
 
 6. As to buildings; prison. 
 
 S 98. Buildings, generally. 
 
 Prohibition or regulation of garage. L.R.A. 
 1915D, 603. 
 
 gg. Criminal liability. 
 
 § 101a. Generally. 
 
 Criminal responsibility of a municipal cor- 
 poration. 43 L.R.A.(N.S.) 954. 
 
 h. Claims against or in favor of. 
 1. Claims against. 
 
 § 102. Generally. 
 
 Power of legislature to compel payment by 
 municipal corporations of nonlegal de- 
 mands. L.R.A.1915D, 927. 
 
 § 103. Presentation of. 
 
 Character of claims within statute or ordi- 
 nance requiring presentation as a condi- 
 tion of municipal liability. 50 L.R.A. 
 (N.S.) 174. 
 
 § 104. Notice as condition of liabili- 
 ty. 
 
 As condition of liability for injury on de- 
 fective street or highway, see High- 
 ways, §§ 106, 107. 
 
 MUNICIPAL GOEPOEATIONS, V. h, 1— 
 
 cont'd. 
 Character of claims within statute or ordi- 
 nance requiring notice or presenta- 
 tion as a condition of municipal 
 liability. 50 L.R.A. (N.S.) 174. 
 Distinctions between private and gov- 
 ernmental functions. 50 L.R.A. 
 (N.S.) 175. 
 Torts as a class. 50 L.R.A.(N.S.) 175. 
 Statutory words, "claims," "de- 
 mands," "damages." 50 L.R.A. 
 (N.S.) 176. 
 Statutory word "unliquidated." 
 
 50 L.R.A.(N.S.) 176. 
 Where apparent purpose is to in- 
 sure audit. 50 L.R.A. (N.S.) 
 177. 
 Statutory word "account" or "ac- 
 counts." 50 L.R.A.(N.S.) 179. 
 Claim for refund of taxes or other 
 payments. 50 L.R.A. (N.S.) 181. 
 Claims for compensation for property 
 taken or damaged. 50 L.R.A. 
 (N.S.) 18L 
 Provisions relating specifically to 
 streets, public works, etc. 50 
 L.R.A.(N.S.) 182. 
 Claims of state and of other public 
 
 bodies. 50 L.R.A. (N.S.) 184. 
 Requirement relating specifically to 
 ."personal injuries;" action for 
 death. 50 L.R.A. (N.S.) 185. 
 Suits in equity; prayer for other than 
 ' money relief. 50 L.R.A.(N.S.) 186. 
 Contracts; judgments. 50 L.E.A. 
 
 (N.S.) 187. 
 Miscellaneous. 50 L.R.A. (N.S.) 189. 
 Negligence. 50 L.R.A.(N.S.) 190. 
 
 g 105. — sufficiency of. 
 
 In case of injury on defective street, see 
 Highways, § 107. 
 
 Upon whom may notice of injury or claim 
 against municipality be served. 46 
 L.E.A.(N.S.) 167. 
 
 2. Claims in favor of. 
 
 Begin with this boole on every law qxiestion. 
 
 § 108. Generally. 
 
 Presumption of payment from lapse of time. 
 L.R.A.1916B, 739. 
 
 i. Taxation. 
 
 § 110. Wliat taxable. 
 
 Taxation of property of another municipal- 
 ity or state. 50 L.R.A.(N.S.) 243. 
 
 TI. Officers and employees. 
 
 § 112. Generally. 
 
 Acts of city council, see supra, V. c. 
 Liability of municipality for acts of, see 
 
 supra, V. g, 2. 
 Validity of contract with, see Contkacts, 
 
 §§ 99-101. 
 Recall of municipal officers, see Initiative, 
 
 REFEUEIiTDTJM, AND RECALL, § 2. 
 
 As to officers generally, see OrFiCEBS. 
 Officers of town, see Towns, | 8. 
 
INDEX TO NOTES. 
 
 431 
 
 MUNICIPAL CORPORATIONS, VI.— 
 cont'd. 
 
 Statutes conferring powers on municipali- 
 ties or counties in respect to their of- 
 ficers as a delegation of legislative pow- 
 er. L.R.A.1916D, 921. 
 
 Duty of municipal officer to account for 
 profits made in transaction with mu- 
 nicipality. 48 L.R.A.(N.S.) 842. 
 
 Action against officers of cities as action 
 against the state. 44 L.R.A. (N.S.) 
 199. 
 
 Disqualification of city officers to serve as 
 commissioners or jurors in eminent 
 domain proceedings. 47 L.R.A. (N.S.) 
 166. 
 
 Parol evidence to vary or supplement rec- 
 ords of municipal council or other offi- 
 cers. 50 L.R.A.(N.S.) 99. 
 
 :§ 116. Term. 
 
 Term of office generally, see Officees, §§ 16, 
 16a. 
 
 Power of board to appoint officer for term 
 extending bevond its own term. L.R.A. 
 1915E, 581. ' 
 
 .§ 119. Powers. 
 
 Uf council, see supra, V. c. 
 
 Power to make contract extending beyond 
 
 term of office, see supra, § 55. 
 Powers of officers generally, see Officers, 
 
 III. a. 
 
 ♦ «» 
 
 MUNICIPAL PLANTS. 
 
 See Municipal Cobpoeations, V. f, 
 • » » 
 
 MURDER. 
 
 See Homicide. 
 
 MUSIC. 
 
 Power to prescribe teaching of, in public 
 schools. 47 L.R.A.(N.S.) 203. 
 
 MUTILATION. 
 
 Of corpse, see Cobpse, 3. 
 
 MUTUAL BENEFIT ASSOCIATION. 
 
 In general, see Benevolent Societies. 
 Insurance by, see Insurance. 
 
 MUTUAL COMBAT. 
 
 Homicide in mutual combat voluntarily 
 and willingly entered into. 45 L.R.A. 
 (N.S.) 646. 
 Consult also L.B.A. Digests to date. 
 
 MUTUAL INSURANCE COMPANY. 
 
 See Insubance. 
 
 MUTUALITY. 
 
 Of contract, see Contbacts, § 18; Specific 
 
 Pebfoemance, §§ 21, 22. 
 Of claims as essential to right of set-off, see 
 
 Sbt-Off and Counteeolaim, § 6. 
 
 Necessity of mutuality of claims which are 
 the subject of an account stated. 45 
 L.R.A.(N.S.) 537. 
 
 NAME. 
 
 /. Of persons, §§ 1—18. 
 
 a. In general, §§ 1—13. 
 
 ft. Mistdlce in; omission of; idem 
 
 sonans, §§ 14^16. 
 c. Vse of name in connection with 
 business, §§ 17, IS. 
 II. Of articles or things, §19, 
 
 I. Of -persons, 
 a. In general, 
 
 § 1.* Generally. 
 
 On official ballots, see Elections, § 19a. 
 
 Validity- and enforceability of contract in 
 consideration of naming child. 51 
 L.R.A.(N.S.) 1108. 
 
 § 4. Initials. 
 
 Certainty and accuracy necessary in respect 
 to, in record or index relied on as im- 
 parting constructive notice. L.R.A. 
 1915D, 1211. 
 
 § 8. Fictitions or assumed name. 
 
 Right of individual to transact business 
 and make contracts under an assumed 
 name. L.R.A.1915D, 982. 
 
 What name or designation are within stat- 
 utes requiring the filing of a certificate 
 giving certain information regarding 
 a business conducted under an assimied 
 or fictitious name or a designation not 
 showing the names of the persons in- 
 terested. L.R.A.1916D, 355. 
 
 Validity of contracts made by individual 
 or partnership under an assumed name 
 in violation of statute. L.R.A.1915D, 
 988. 
 
 Sufficiency of assumed name as signature to 
 will. L.R.A.1915D, 904. 
 
 § 9. Bnsiness mame. 
 
 Doing business under fictitious or assumed 
 name, see supra, § 8. 
 
 Liability of one who sells business for sup- 
 plies subsequently furnished therefor 
 on credit while it is being conducted 
 under the same name. L.R.A.1915r, 
 711. 
 
432 
 
 INDKX TO NOTES. 
 
 NAME, I. c— cont'd. 
 
 Person's name as trademark. L.R.A. 
 1916C, 260. 
 
 II. Of articles or things. 
 
 §19. Generally. 
 
 Of association, see Associations. 
 Trademark, see Teademakks. 
 Tradename, see Tradename. 
 
 Warranty that seed sold is true to name, 
 L.R.A.19160, 1012. 
 
 NARCOTICS. 
 
 In general, see Drugs and Druggists. 
 
 As affecting testamentary capacity. L.E.A. 
 1915A, 450. 
 
 NATIONAL BANKS. 
 
 See Banks, VIII. 
 
 ♦-•-• 
 
 NATTTBAL CHrLDBEN. 
 
 See Illegitimacy. 
 
 XAME, I. a,— cont'd. 
 
 § 10. Partnership name. 
 
 Doing business under fictitious or assumed 
 name, see supra, § 8. 
 
 §12. Change of. 
 
 Changing name of payee of note as a ma- 
 terial alteration. L.E.A.1915A, 166. 
 Right of individual to change name or to 
 transact business and make con- 
 tracts under an assumed name. 
 L.R.A.1915D, 982. 
 Right to change name. L.R.A.1915D, 
 982. 
 At common law. L.R.A.1915D, 
 
 982. 
 
 As affected by statutes providing 
 
 for change of name by judicial 
 
 proceedings. L.R.A1915D, 983. 
 
 Assumption of business name. L.R.A. 
 
 1915D, 983. 
 
 b. Mistalce in; omission of; idem 
 sonans, 
 
 § 14. Mistake in, generally. 
 
 Mistake in name in writ or process, see 
 Writ and Process, § 5, 
 
 Effect of misnaming estate in granting let- 
 ters. 46 L.R.A.(N.S.) 274. 
 
 Correcting by second deed mistake in name 
 of grantee in first deed. 44 L.R.A. 
 (N.S.) 850. 
 
 Mistake as to name of juror in criminal 
 case as ground for arrest of judgment, 
 new trial, or reversal. 47 L.R.A. (N.S.) 
 714. 
 
 Mistake in name or description of corpora- 
 tion as affecting judgment by default 
 against it. L.R.A.1916F, 728. 
 
 Certainty and accuracy as to Christian 
 names or initials in record or index re- 
 lied on as imparting constructive no- 
 tice. L.R.A.1915D, 1211. 
 
 § 16. Idem sonans. 
 
 Applicability of doctrine of idem sonans 
 
 where final "s" is added or omitted. 
 
 52 L.R.A.(N.S.) 937. 
 Applicability of doctrine of idem sonans to 
 
 substituted or constructive service of 
 
 process. L.R.A.1915B, 1149. 
 
 c, Use of name in connection ivith 
 business. 
 
 § 17. Generally. 
 
 Use of, as infringement of common-law 
 rights in intellectual productions. 43 
 L.R.A.(N.S.) 639. 
 
 Right of action for use of name for adver- 
 tising purposes. L.R.A.1915C, 839. 
 
 § 18. Use of, as trademark or trade- 
 name. 
 
 Trademark generally, see Trademarks. 
 Tradename generally, see Tradename. 
 
 Limitation of right to use one's own name 
 
 as a tradename. L.K.A.1916C, 255. NA"VY. 
 
 Sale of business or tradename. L.R.A. 
 
 1916C, 257. ' See Army and Navy, 
 
 Begin with this book on every laiv question. 
 
 NATURAL GAS. 
 
 In general, see Gas; Mines, § 33. 
 
 Right to gas in railroad right of way as 
 between company and fee owner. 45 
 L.R.A.(N.S.) 803. 
 
 NATURAL HEIRS. 
 
 Meaning of term. 45 L.R.A.(N.S.) 116S. 
 
 ♦ «» 
 
 NAVIGABLE 'WATERS. 
 
 See Wat£rs, I. 
 
 NAVIGATION. 
 
 Control of, see Commerce, § 3. 
 
 Rights of, see Waters, § 17a. 
 
 Right to obstruct or destroy rights of, 
 
 Waters, § 21. 
 As to collision, see Collision. 
 
INDEX TO NOTES. 
 
 433 
 
 NEAR BEER. 
 
 Judicial notice as to intoxicating character 
 of. 48 L.E.A.(N.S.) 315, 316. 
 
 NECESSARIES. 
 
 Furnished to married woman, see Husband 
 
 AND Wife, §§ 7, 8. 
 Wife's liability for, see Husband and Wife, 
 
 § 21. 
 Furnished to infant, see Infants, §§ 18, 19. 
 
 NECESSARY PARTIES. 
 
 See Parties, II. b. 
 
 NECESSITY. 
 
 Way of, see Easements, § 14. 
 For notice, see Notice, §§ 2-4. 
 
 NECROMANCY. 
 
 Prohibition of fortune telling and kindred 
 superstitions. 43 L.R.A.(N.S.) 203. 
 
 NE EXEAT. 
 
 As imprisonment for debt. L.E.A.1915B, 
 
 651. 
 Ne exeat to prevent removal of property 
 from state. L.R.A.1916C, 407. 
 Removal of property as ground for 
 
 writ. L.R.A.1916C, 408. 
 Forbidding the removal of property. 
 L.R.A.1916C, 409. 
 
 NEGATION. 
 
 Of defenses or exceptions in indictment, see 
 Indictment, etc., § 8. 
 
 NEGLIGENCE. 
 
 /. As basis of action, §§ ISO. 
 a. In general, §§ 1—5. 
 ft. Causing injurtj to person or 
 property, §§ 6—30. 
 
 1. In general, §§ 6—12. 
 
 2. Dangerous agencies, §§ 
 
 13-15. 
 
 (a) In general, §§ 13, 
 
 14:. 
 
 (b) Negligence of seller 
 
 or manufacturer, § 
 15. 
 Consult also L.B.A. Digests to date 
 
 43— '16F. 
 
 NEGLIGENCE, I. h— cont'd. 
 
 3. Dangerous premises, §§ 
 
 16-23a. 
 (a) In general, §§ 16— 
 
 IS. 
 (I)) Liahilitij to trespass- 
 ers and licen- 
 sees, §§ 20- 
 23 a. 
 
 (1) In general, §§ 
 
 20, 21. 
 
 (2) Children, §§ 
 
 22— 23a. 
 
 4. On highways, private 
 
 ways, or waters, §§ 24— 
 29a. 
 
 5. Who liable, § 30. 
 
 II. Contributory negligence, §§ 31—55. 
 a. Injury to person, §§ 31—52. 
 
 1. In general, §§ 31—35. 
 
 2. Of children or their par- 
 
 ents, §§ 36, 37. 
 
 3. On highways, §§ 38-40. 
 
 4. Imputed negligence, §§ 
 
 41-49. 
 6. Injury to, or loss of, proper- 
 ty, §§ 53-55. 
 
 I. As basis of action. 
 
 a. In general, 
 
 § 1. Generally. 
 
 Of title abstractor, see Abstbacts, § 2. 
 
 Of corporate o£5cers and directors, see COR- 
 POKATIONS, VI. e. 
 
 As to animals, see Animals. 
 
 Of attorney toward client, see Attokxeys, § 
 11. 
 
 Imputing attorney's negligence to client, sec 
 Attokneys, § 17. 
 
 Habit as to, see Custom and Usage, §§ 2, 4. 
 
 Estoppel by, see Estoppel, § 27. 
 
 Presumption and burden of proof as to, 
 see Evidence, III. g. 
 
 Evidence as to, generally, see Evidence, 
 XII. g. 
 
 .Evidence of character or reputation to show, 
 see Evidence, § 253. 
 
 SuflBciency of proof of, see Evidence, XIII. 
 b. 
 
 As aflfecting judgment, see Judgment, § 94. 
 
 Limitation of actions based on, see Limita- 
 tion OF Actions, § 35. 
 
 Pledgee's liability to pledgeor for negli- 
 gence, see Pledge and Collateral Se- 
 curity, III. a. 
 
 As to tel^rams, see Telegraphs, III. c. 
 
 Gross negligence, see Gross Negligence. 
 
 Liability of notary or other oflficer for neg- 
 ligence in certifying to acknowledgment 
 or affidavit. 49 L.R.A.(N.S.) 47. 
 
 Liability of architect or engineer for neg- 
 ligence in issuing certificates. 4 B. R. 
 C. 859. 
 
 Right of convicted person to maintain an 
 action against witness for negligently 
 giving false evidence. 3 B. R. C. 251. 
 
 § 2. Of banh or bank officers. 
 
 Of bank in paying checks, see Banks, §§ 23- 
 25. 
 
 28 
 
434 
 
 INDEX TO NOTES. 
 
 NEGLIGENCE, I. a.— cont'd. 
 
 In collection of commercial paper, see 
 
 Banks, §§ 31-33a. 
 Negligence of officers, see Banks, § 7. 
 Recovery back of money negligently paid 
 
 to one presenting negotiable paper, see 
 
 Banks, §§ 28, 29; Bills and Notes, § 
 
 73. 
 
 § 5. Negligent breach of contract. 
 
 Sufficiency of compliance with provisions in 
 employers' liability or other indemnity 
 policies requiring immediate notice of 
 accident, claim, or suit. 3 B. R. C. 723. 
 
 6. Causing injury to person or property. 
 
 1. In general. 
 
 % 6. Generally. 
 
 Act of God as negligence, see Act of God. 
 
 As to animals, see Animals. 
 
 Xegligence in blasting, see Blasting. 
 
 As to bridges, see Beidgbs. 
 
 In regard to fire escapes, see Buildings, § 5. 
 
 To passenger, see Caebiees, III. j ; Ele- 
 vated Railkoads, § 3. 
 
 Eight of action for death caused by negli- 
 gence, see Death, II. 
 
 In use of elevators, see Elevatohs, II. 
 
 Measure of damages for, see Damages, III. 
 k. 
 
 Right of action for death caused by neg- 
 ligence, see Death, II. 
 
 Physical examination in negligence action, 
 
 see DiSCOVEET AND INSPECTION, § 5. 
 
 Intoxication as affecting, see Dbunkenness, 
 §§ 5-9. 
 
 Presumption and burden of proof as to, see 
 Evidence, III. g. 
 
 Negligent homicide, see Homicide. 
 
 Liability for injury caused by fright, see 
 KaiGHT, §§ 2, 3. 
 
 Of or towards incompetent persons, see In- 
 competent Persons, V. 
 
 Liability of infants for, see Infants, III. c. 
 
 Toward infants, see Infants, § 37. 
 
 Liability of innkeepers, see Innkeepers, 
 IV. 
 
 Liability for injury to person coiifined in 
 jail or prison, see Jails and Peisons, 
 
 § 4- 
 Joint liability in case of, see Joint Ceedi- 
 
 TORS AND Debtors, § 3. 
 Of master, see Mastee and Servant, III. a. 
 Of physician or surgeon, see Physicians 
 
 and Surgeons, III. 
 Proximate cause of negligent injury, see 
 
 Proximate Cause. 
 Release of claim for, see Release. 
 Liability of school district for, see Schools, 
 
 § 3L 
 Question for jury as to, see Trial, III. i. 
 Gross negligence, see Gross Negligence. 
 
 May one recover for injuries which would 
 have been avoided by performance of 
 defendant's duty toward another. 46 
 L.R.A.(N.S.) 338. 
 
 NEGLIGENCE, I, b, 1— cont'd. 
 
 Prenatal injury to infant as ground of 
 
 action. 45 L.R.A.(N.S.) 625. 
 Liability for injuries to one blinded by 
 
 headlight. 48 L.R.A.(N.S.) 827. 
 Permitting articles to roll down hillside or 
 decline. L.R.A.1915B, 426. 
 Liability of railroad company for in- 
 jury' to passenger caused by rocka 
 rolling down hillside. L.E.A, 
 1915B, 428. 
 
 § 7. Pleading. 
 
 Plaintiff's pleading in action for injury by, 
 see Pleading, II. c. 
 
 § 8. Concurrent negligence of third 
 person. 
 
 Effect of intervening act on recovery for 
 personal injury. 48 L.R.A. (N.S.) 
 105. 
 
 Liability of one responsible for a fire for 
 destruction of property after such fire 
 united with another for which he was 
 not responsible. 48 L.R.A.(N.S.) 700. 
 
 § 9. Criminal negligence. 
 
 In general, see Criminal Law, § 30; Homi- 
 cide, § 15. 
 
 Effect of negligence in treatment or care of 
 wound on responsibility for homicide, 
 see Homicide, § 25. 
 
 § 10. Violation of statute or ordi- 
 nance. 
 
 By employer, see Mastee and Servant, 
 §§ 54, 55. 
 
 Private action for violation of statute not 
 
 expressly conferring it. L.R.A.1915E, 
 
 500. 
 Violation of statute or ordinance relating 
 to explosives as negligence per se 
 giving right of private action. 
 48 L.R.A.(N.S.) 879. ' ' 
 
 Powder. 48 L.R.A.(N.S.) 879. 
 
 OU. 48 L.R.A.(N.S.) 879. 
 
 Dynamite. 48 L.R.A. (N.S.) 880. 
 
 § 11. Liability for another's negli- 
 gence. 
 
 Liability of carrier for negligence of servant 
 toward passenger, see Cabbiebs, III. 
 
 Master's liability for negligence of fellow 
 servant, see Master and Servant, III. 
 d. 
 
 Liability of master for negligence of serv- 
 ant generally, see Master and Serv- 
 ant, VI. 
 
 Liability of municipality for negligence of 
 employees and agents, see Municipal 
 COEPOBATIOjyS, V. g, 2. 
 
 Liability of proprietor of p'rivate sanita- 
 rium or hospital for negligence of 
 nurse or attendant. L.R.A.191oD, 334. 
 
 2. Dangerous agencies, 
 (a) In general. 
 
 Liability of street railway company for , § 13. Generally. 
 
 damages in removing obstructions from i Automobile as dangerous agency, see Au- 
 its tracks. 43 L.R.A.(N.S.) 126. tomobiles. 
 
 Begin with this hooli on every law question. 
 
INDEX TO NOTES. 
 
 435 
 
 NEGLIGENOE, I. b, 2— cont'd. 
 
 Negligence in blasting, see Blasting. 
 
 In regard to electricity, see Electbicitt, 
 III, a. 
 
 Negligent injury by explosion generally, see 
 Explosions and Esoplosiyes, III. 
 
 Liability for negligence in escape and ex- 
 plosion of gas, see Gas, IV. 
 
 As to fire, see Fiees, §§ 3-11; Railboads, 
 §77. 
 
 Negligence as to fire arms, see Firearms. 
 
 Private action for violating statutes regu- 
 lating sales of commodities inimical to 
 public welfare. L.E.A.1915E, 5G0. 
 
 Doctrine of attractive nuisance as applied 
 to road vehicles. 50 L.R.A.(N.S.) 
 1147. 
 
 Cb) Negligence of seller or manufac- 
 turer. 
 
 § 15. Generally. 
 
 Liability of druggist, see Drugs and DEtro- 
 OISTS, § 5. 
 
 Liability of seller for injury by unwhole- 
 some food, see Food, § 5. 
 
 Applicability of rule res ipsa loquitur to 
 explosion of bottle. L.R.A.1916E, 
 1078. 
 Right of one liable for damages from de- 
 fective article to recover over against 
 vendor or manufacturer. L.R.A.1915C, 
 336. 
 Duty of vendor of dangerous goods to warn 
 
 purchaser. 3 B. R. C. 449. 
 Liability of manufacturer, packer, or vendor 
 to persons not in privity of con- 
 tract, for injuries from defects in 
 article sold. 48 L.R.A.(N.S.) 
 213; L.R.A.1916B, 879. 
 Generally. 48 L.R.A.(N.S.) 213. 
 
 -In case of dangerous article. 48 
 
 L.R.A.(N.S.) 216. 
 Effect of false representations. 
 
 48 L.R.A.(N.S.) 218. 
 Effect of violation of statute. 48 
 L.R.A.(N.S.) 219. 
 Liability of manufacturer or seller of 
 food products. 48 L.R.A.(N.S.) 
 219. 
 Liability of manufacturer or dealer for 
 personal injuries caused by defects in 
 automobile. L.R.A.1915E, 287; L.R.A. 
 1916F, 704. 
 Liability of seller for damage to live stock 
 by improper food or medicine. L.R.A. 
 1916B, 1108. 
 Liability of one who sells dangerous instru- 
 mentality to child in violation of stat- 
 ute or ordinance for injury inflicted 
 thereby upon child or third person. 
 L.R.A.1915C, 460. 
 
 3. Dangerous premises. 
 
 (a) In general. 
 
 § 16. Generally. 
 
 Duty as to fire escapes on building, see 
 BUILDIKGS, § 5. 
 Consult also L.R.A. Digests to date. 
 
 NEGLIGENCE, L b, 3~cont'd. 
 
 Defective condition at station, see Caebiebs, 
 in. j. 4. 
 
 As to elevators, see Elevatoes, §§ 3-7. 
 
 Liability for injury by falling objects, see 
 Falling Objects. 
 
 Inn premises, see Innkeepers, § 10. 
 
 Liability of landlord for injury from de- 
 fect in premises, see Landlord and Ten- 
 ant, IV. d. 
 
 At railroad crossings, see Railroads, VII. 
 a, 5. 
 
 Liability of school district or school cor- 
 poration as to, see Schools, § 31. 
 
 Liability to invitee who departs from reg- 
 ular walk or way in going to or from 
 premises. L.R.A.1916F, 280. 
 Duty of store or shop keeper toward cus- 
 tomer as to condition of premiaea. 
 
 L.R.A.1915F, 572. 
 Trapdoors and hatchways. L.R.A. 
 
 1915F, 572. 
 Elevator shafts and hoistways. L.R.A. 
 1915F, 572. 
 
 In places not customarily frequent- 
 ed by patrons. L.R.A.1915F, 
 572. 
 Negligent operation of elevators. 
 
 L.R.A.1915F, 573. 
 Defective elevators. L.R.A.1915F, 574. 
 Stairways. L.R.A.1915F, 574. 
 Obstructions or slippery places on. 
 
 L.R.A.1915F, 575. 
 Aisles and platforms: obstructions and 
 
 slippery places. L.R.A.1915F, 575. 
 Swinging doors or windows. L.R.A. 
 
 1915F, 576. 
 Entrances. L.R.A.1915F, 576. 
 Injury on portion of premises used for 
 
 private purposes. L.R.A.1915F, 
 
 577. 
 Res ipsa loquitur. L.R.A.1915F, 577. 
 Liability for injury to clothing worn by 
 customer or patron. 43 L.R.A. (N.S.) 
 328. 
 
 § 17. Iiiability for dangerous condi- 
 tion of private grounds lying open 
 beside highway or frequented 
 path. 
 
 Duty and liability of owner of land which 
 appears to be part of a public street or 
 highway. 51 L.R.A.(N.S.) 3215. 
 
 § 18. To fireman or policeman. 
 
 Liability of owner of property for injury to 
 fireman or policeman in discharge 
 of duty. L.R.A.1916B, 792. 
 
 Firemen. L.R.A.1916B, 792. 
 
 Policemen. L.R.A.1916B, 794. 
 
 (It) lAability to trespassers and 
 
 licensees. 
 
 (1) In general, 
 
 g 20. Generally. 
 
 Duty and liability to trespasser generally, 
 see Tbespassebs, § 3. 
 
 Liability for injury to bystander watching 
 progress of work. L.R.A.1916F, 117. 
 
436 
 
 INDEX TO NOTES. 
 
 NEGLIGENCE, I. b, 3— cont'd. 
 (3) Chiiaren. 
 
 § 22. Generally. 
 
 Liability of lessor for injury to trespassing 
 child. L.E.A.1916F, 1135. 
 
 § 23. Dangerous attractions; turn- 
 tables. 
 
 Doctrine of attractive nuisance as applied 
 to road vehicles. 50 L.R.A.(N.S.) 
 1147. 
 
 § 23a. — hot water or ashes; ponds, 
 etc. 
 
 Doctrine of attractive nuisance as applied 
 to ponds, reservoirs, water ways, etc. 
 47 L.R.A.(N.S.) 1101. 
 
 g 23b. — -walls, fences, etc. 
 
 Doctrine of attractive nuisance as applied 
 
 to walls, fences, etc. L.R.A.1915D, 
 
 160. 
 Walls. L.R.A.1915D, 160. 
 Fences. L.R.A.1915D, 161. 
 Gates. L.R.A.1915D, 162. 
 Lumber piles. L.R.A.1915D 
 Telegraph poles and trees 
 
 1915D, 168. 
 Other structures 
 
 1915D, 169. 
 
 163. 
 
 L.R.A. 
 
 or things. L.R.A. 
 
 4. On highways, private ways, or 
 waters. 
 
 § 24. Highways. 
 
 Negligence of owner or operator of auto- 
 mobile, see Automobiles, §§ 2, 3. 
 
 Liability for injury by falling objects, see 
 Falling Objects. 
 
 As to liability for defect in highway, see 
 Highways, VI. 
 
 Liability for frightening horse, see HoKSES, 
 II. 
 
 In operation of railroad trains longitudi- 
 nally along public street, see Rail- 
 roads, § 52a. 
 
 At railroad' crossing, see Eailboads, VII. a, 
 5. 
 
 Of street railway companies, see Street 
 Railways, IV. b. 
 
 Driving blind horse as negligence or con- 
 tributory negligence. 48 L.R.A. (N.S.) 
 141. 
 
 Precautions to be observed when about to 
 stop vehicle in highway. 46 L.R.A. 
 (N.S.) 644. 
 
 § 25. — rule of the road. 
 
 Violation of statute or ordinance giving one 
 vehicle right of way over another as 
 affecting liability for injury. L.R.A. 
 1915D, 1021. 
 
 Applicability of rule of road where high- 
 way is being used for other than ordi- 
 nary purpose of travel. L.R.A.1915E, 
 1028. 
 
 § 26. — speed. 
 
 Speed of automobile, see Automobiles, § 5. 
 
 Begin with this boolc on every law question. 
 
 NEGLIGENCE, I. b— cont'd. 
 5. Who liable, 
 
 § 30. Generally. 
 
 Liability of seller or manufacturer, se 
 
 supra, § 15. 
 Of title abstracter, see Abstracts, § 2. 
 Of experi accountant, see Accountants. 
 Person maintaining, place of amusement, sei 
 
 Amusements, §§ 5, 6. 
 Bailee, see Bailment, §§ 5-7. 
 Bailor, see Bailment, § 11. 
 Carrier, see Carriers. 
 Charitable institution, see Charity, § 12. 
 Counties, see Counties, § 8. 
 Druggist, see Drugs and Druggists, § 5. 
 Hospital, see Hospitals, § 4. 
 Innkeepers, see Innkeepers, §§ 6-12. 
 Landlord, see Landlord and Tenant, IV. d 
 Master, for negligence of servant, see Mas 
 
 TER and Servant, IV. 
 Servants or contractors, see Master aki 
 
 Servant, V. 
 Third person, for negligent injury to serv 
 
 ant, see Master and Servant, VII. 
 Liability of municipality for, see Municipai 
 
 Corporations, V. g. 
 Officer, see Officers, III. c. 
 Of physician or surgeon, see Physicians 
 
 AND Surgeons, III. 
 Agent, see Principal and Agent, § 42. 
 Railroad companies, see Railroads, VII. a, 
 Street railways, see Street Railways, IV. 
 
 b. 
 Of trustee in making investments, see 
 
 Trusts, § 26a. 
 Warehousemen, see Warehousemen, § 4. 
 
 Liability of school district or school cor- 
 poration for tort. 49 L.R.A. (N.S.) 
 1026. 
 
 Right of contractor with public to immuni- 
 ty which latter enjoys from liability 
 for damages. L.R.A.1916D, 511. 
 
 Personal liability of officer or director 6f 
 corporation for personal injuries from 
 torts in connection with its business. 
 L.R.A.1915C, 874. 
 
 II. Contributory negligence, 
 
 a. Injury to person, 
 
 1. In general, 
 
 §31. Generally. 
 
 Of person injured by automobile, see Auto- 
 mobiles, § 6. 
 
 Of operator of automobile, see Automobiles, 
 § 7. 
 
 Of passenger, see Carriers, III. k. 
 
 On elevator or in stepping into elevator 
 shaft, see Elevators, § 8. 
 
 Of person injured by explosion, see Explo- 
 sions AND Explosives, § 10. 
 
 Of fireman, see Fire Department, § 8. 
 
 Of person injured by defects in highway, see 
 Highways, VI. m. 
 
 Of driver of frightened horse, see HoKSES, 
 § 14. 
 
 Of servant, see Master and Servant, III. c. 
 
INDEX TO NOTES. 
 
 437 
 
 NEGLIGENCE, U. a, 1— cont'd. 
 
 Of person injured by railroad train, see 
 
 Railroads, VII. b. 
 On street car track, see Street Railways, 
 
 IV. c. 
 Of trespasser, see Trespassers, § 4. 
 Intoxication as affecting, see Drunkenness, 
 
 §§ 5-9. 
 Presumption and burden of proof as to, see 
 
 Evidence, III. g, 2. 
 Jividence as to, generally, see Evidence, § 
 
 269. 
 Effect of patient's negligence on liability of 
 
 physician for malpractice, see Physi- 
 cians and Surgeons, § 18. 
 As question for jury, see Trial, III. i, 2. 
 
 ■Grant of new trial on issue of contributory 
 negligence only. L.R.A.1915E, 249. 
 
 Effect of contributory negligence on right 
 of action for violation of statute not 
 expressly conferring it. L.R.A.1915E, 
 520. 
 
 ■Contributory negligence as a defense to an 
 action for mental anguish in telegraph 
 ease. 49 L.R.A.(N.S.) 270. 
 
 Of guest at inn. 43 L.R.A.(N.S.) 663. 
 
 Of one seeking to hold notary or other officer 
 certifying to acknowledgment or affi- 
 davit liable for negligence or fraud. 
 49 L.R.A.(N.S.) 54. 
 
 § 32. Care required of one in sadden 
 emergency. 
 
 See Emergency. 
 
 § 34. After occnrrence of original in- 
 jury. 
 
 Duty to keep down damages, see Damages, 
 I. b. 
 
 Injured person's duty to apply or obtain 
 treatment. 48 L.R.A.{N.S.) 108. 
 
 In treatment or care of wound as affecting 
 criminal responsibility for homicide. 
 L.R.A.1915F, 608. 
 
 § 35. Of tenant or his guests or serv- 
 ants. 
 
 Of tenant injured by defects in premises. 
 48 L.R.A.(N.S.) 921; L.R.A.1916D, 
 1228. 
 
 Effect of negligence of injured person on 
 liability of landlord for personal in- 
 juries to persons in privity with ten- 
 ant. L.R.A.1916F, 1092. 
 
 2. Of children or their parents. 
 
 § 36. Of child. 
 
 Negligence of child injured by automobile 
 in street. 51 L.R.A.(N.S.) 1008. 
 
 3. On hightvays. 
 
 § 38. (generally. 
 
 Of person injured by automobile, see Au- 
 tomobiles, §§ 6, 7. 
 
 Of person injured by defects in highway, see 
 Highways, VI. m. 
 Consult also L.B.A. Digests to date. 
 
 NEGLIGENCE, II. a, 3— cont'd. 
 
 At railroad crossing, see Railroads, §§ 81- 
 84. 
 
 Of person injured by railroad trains operat- 
 ed longitudinally along public street, 
 see Railroads, § 52a. 
 
 On street car track, see Street Railways, 
 IV. c. 
 
 Driving blind horse as contributory negli- 
 gence. 48 L.R.A.(N.S.) 141. 
 
 Contributory negligence of passenger riding 
 in automobile driven by another pre- 
 cluding recovery against third person 
 for injury. L.R.A.1915B, 955. 
 
 4:. Imputed negligence. 
 
 § 42. Of driver to passenger. 
 
 Imputed negligence of driver to passenger, 
 L.R.A.1915A, 761. 
 Passengers of common carriers. L.R.A. 
 1915A, 761. 
 Street Railways. L.R.A.lOluA, 
 
 761. 
 Stagecoaches. L.R.A. 1915A, 761. 
 Occupants of hired vehicles. L.R.A. 
 
 1915A, 761. 
 Excursionists. L.R.A.1915A, 762. 
 Fellow servants. L.R.A.1915A, 762. 
 Public servants. L.R.A.1915A, 
 
 762. 
 Private servants. L.R.A.1915A, 
 762. 
 Master and servant. L.R.A.1915A, 763. 
 Travelers in private vehicles. L.R.A. 
 1915A, 763. 
 Companions or guests. L.R.A. 
 
 1915A, 763. 
 Husband and wife. L.R.A.1915A, 
 
 764. 
 Relatives. L.R.A.1915A, 765. 
 Direct negligence. L.K.A.1915A, 765. 
 Imputed negligence of passenger riding in 
 automobile driven by another preclud- 
 ing recovery against third person for 
 injuries. L.R.A.1915B, 953. 
 
 § 43. Of husband to wife. 
 
 Husband's negligence as bar to recovery for 
 injury to wife, see Husband and Wife, 
 § 64. 
 
 § 44. — while husband is driving. 
 
 Whether imputable to wife injured while 
 riding with husband. L.R.A.191oA, 
 764. 
 
 ft. Injury to, or loss of, property. 
 
 § 53. Generally. 
 
 In case of injury to property by fire, see 
 Railroads, § 86. 
 
 Of one whose property is destroyed by mob. 
 
 44 L.R.A.(N.S.) 360. 
 Contributory n^ligence of passenger in 
 
 case of loss of hand baggage or other 
 
 effects in his custody or control. L.R.A. 
 
 1915B, 612, 619. 
 
438 
 
 INDEX TO NOTES. 
 
 NEGLIGENT HOMICIDE. 
 
 See Homicide, § 15. 
 
 *-»♦ 
 
 NEGOTIABILITY. 
 Of note, see Bills and Notes, I. d. 
 
 ♦-•-♦ 
 
 NEGOTIABLE INSTRUMENTS. 
 See Bills and Notes; Checks. 
 
 •-•-* 
 
 NEGROES. 
 
 Separation of white and colored passen- 
 gers, see Careibks, § 43. 
 
 Civil rights of, see Civil Rights. 
 
 Actionability of charge that one has negro 
 hlood, see Libel and Slander, § 9. 
 
 Marriage of whites and negroes, see Misce- 
 genation. 
 
 As to slaves, see Slaves. 
 
 Who is a negro within statute not spe- 
 cifically defining the same. L.R.A. 
 1915A, 828. 
 
 Libel or slander where "sting" is due to 
 prejudice against. L.E.A.1916E, 679. 
 
 Validity and enforceability of contract or 
 covenant in relation to real property 
 which discriminates against persons 
 because of color. L.B,.A. 1916B, 1208. 
 
 NEIGHBORS. 
 
 In general, see Adjoining Ownebs. 
 
 NEPHEW. 
 
 Extrinsic evidence to identify person intend- 
 ed by testator using term. 47 L.R.A. 
 (N.S.) 533. 
 
 NERVOUS SHOCK. 
 
 See Fkight, §§ 2, 3. 
 
 NET EARNINGS. 
 
 What constitutes the net earnings of a pub- 
 lic service corporation for rate-making 
 purposes. 52 L.R.A. (N.S.) 16. 
 
 NETS. 
 
 See Fisheries, § 6. 
 
 NEUTRALITY. 
 
 Effect of warranty of, on liability unde: 
 policy of marine insurance for lossei 
 arising out of state of war. 6 B. £. C 
 11. 
 
 NEW ACTION. 
 
 After statute of limitations has run, sei 
 Limitation of Actions, § 64. 
 
 NEW^LY DISCOVERED EVIDENCE 
 
 As ground for new trial, see New Trial, §i 
 10, 11. 
 
 NEW PROMISE. 
 
 As affecting statute of limitations, see Lim 
 iTAKON OF Actions, §§ 68-71. 
 
 NEW^SBOYS. 
 
 Duty of carrier to, see Carriers, § 55. 
 
 ♦-•-• 
 
 NEWSPAPER. 
 
 Libel by, see Libel and Slander. 
 
 Contract by, to indemnify against accideni 
 as insurance contract. 47 L.R.A. (N.S.) 
 299. 
 
 Jury in criminal case reading newspapei 
 account of trial as ground for nev 
 trial. 46 L.R.A.(N.S.) 741. 
 
 Publication and sale of, on Sunday. L.R.A 
 1916C, 1151. 
 
 Admissibility of newspaper files to prove th( 
 publication or contents of an order o: 
 publication. L.R.A.1915C, 690. 
 
 NEW TRIAL. 
 
 Begin with this l>ooTc on every law question. 
 
 I. In general, §§ 1, 2. 
 II. Grounds for, §§ 3—11. 
 a. In general, § 3. 
 ft. Errors in verdict, §§ 4—6. 
 
 c. Matters as to jury, §§ 7—9. 
 
 d. Newly discovered evidence, §i 
 
 lO, 11. 
 III. Practice, §§ 13-14. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Relief from judgment generally, see Judg 
 MENT, VIII. 
 
 Effect of granting new trial on entry o 
 second judgment without vacation o 
 reversal of first. 44 L.R.A. (N.S.) 34f 
 
INDEX TO NOTES. 
 
 439 
 
 NEW TRIAL, I. — cont'd. 
 
 Eaising objection of duplicity in indictment 
 
 by motion for new trial. 49 L.E.A. 
 
 (N.S.) 457. 
 
 //. Grounds for. 
 a. In general, 
 
 § 3. Generally. 
 
 Power of court to disregard testimony be- 
 cause contrary to scientific principles. 
 L.E.A.1916D, 301. 
 Loss or incompleteness of record for purpose 
 
 of appeal. L.R.A.1915B, 353. 
 Perjury as ground for new trial. 51 L.E.A. 
 (N.S.) 286. 
 Failure to meet perjury on trial. 51 
 L.E.A. (N.S.) 288. 
 Confession. 51 L.E.A. (N.S.) 291. 
 Conviction. 51 L.R.A.(N.S.) 291. 
 
 As essential to new trial. 51 
 
 L.R.A.(N.S.) 291. 
 As ground for new trial. 51 L.E.A. 
 (N.S.) 292. 
 Indictment. 51 L.E.A. (N.S.) 292. 
 Under statute. 51 L.E.A. (N.S.) 292. 
 Effect of other evidence to support ver- 
 dict or judgment. 51 L.E.A. (N.S.) 
 293. 
 
 6. Errors in verdict, 
 
 § 5. Excessiveness of damages. 
 
 Granted by appellate court on account of 
 excessive sentence. 51 L.E.A. (N.S.) 
 388. 
 
 Granting new trial because of excessive Ver- 
 dict as interference with constitution- 
 al right to jury trial. 51 L.E.A. (N.S.) 
 860. 
 
 c. Matters as to jury, 
 
 § 7. Generally. 
 
 Employment of person to watch jury to 
 guard against their being tampered 
 with. 48 L.E.A.(N.S.) 540. 
 Juror in criminal case reading newspaper 
 account of trial as ground for new 
 trial. 46 L.E.A. (N.S.) 741. 
 Eeading accounts not of a nature to 
 influence the jury. 46 L.E.A. 
 (N.S.) 741. 
 Eeading prejudicial accounts. 46 
 
 L.E.A.(N.S.) 742. 
 Article containing judge's charge. 46 
 
 L.E.A. (N.S.) 744. 
 Comment on defendant's failure to tes- 
 
 . tify. 46 L.E.A.(N.S.) 744. 
 Under particular statutes. 46 L.E.A. 
 
 (N.S.) 744. 
 Waiver. 46 L.E.A. (N.S.) 745. 
 Appellate review. 46 L.E.A. (N.S.) 745. 
 Where court satisfied with result. 
 46 L.E.A.(N.S.) 746. 
 Miscellaneous. 46 L.E.A. (N.S.) 747. 
 Mistake as to name of juror in criminal 
 case as ground for new trial. 47 L.E.A. 
 (N.S.) 715. 
 Consumption of liquor by jury. L.E.A. 
 1915C, 302. 
 Consult also L.B.A. Digests to date. 
 
 NEW TEIAL, II. c— cont'd. 
 Unauthorized view by juror or jury. 
 
 L.E.A.1915B, 703. 
 Effect of judge communicating with jury 
 
 not in open court. L.E.A.1915D, 719. 
 
 § 8. Treating jurors. 
 
 Treating jurors as ground for new trial. 
 49 L.E.A. (N.S.) 889. 
 After verdict rendered. 49 L.E.A. 
 (N.S.) 890. 
 
 § 9. Disqualification of juror. 
 
 Unknown disqualification of juror existing 
 at time of fiis selection as ground 
 for new trial. 50 L.E.A. (N.S.) 
 933 
 Introductory. 50 L.E.A. (N.S.) 933. 
 The early cases. 50 L.E.A. (N.S.) 
 
 934. 
 General view of the subject. 50 
 L.E.A.(N.S.) 935. 
 As to distinction between civil 
 and criminal and capital 
 cases. 50 L.E.A. (N.S.) 
 936. 
 Brief statement of the geneial 
 positions of certain juris- 
 dictions. 50 L.E.A. (N.S.) 
 938. 
 The matter of discretion. 50 L.E.A. 
 
 (N.S.) 939. 
 The doctrine of prejudice. 50 L.E.A. 
 (N.S.) 941. 
 Particular jurisdictions. 50 
 
 L.E.A.(N.S.) 944. 
 Constitutions and statutes. 50 L.E.A. 
 
 (N.S.) 946. 
 The question of due diligence. 50 
 L.E.A.(N.S.] 949. 
 Examination of juror before his se- 
 lection. 50 L.E.A.(N.S.) 
 951. 
 Failure to examine juror on 
 the objection. 50 L.E.A. 
 (N.S.) 952. 
 Insufficient examination on 
 the objection. 50 L.E.A. 
 (N.S.) 956. 
 False or erroneous answers by 
 juror. 50 L.E.A. 
 (N.S.) 958. 
 Ab to bias. 50 L.E.A. 
 
 (N.S.) 958. 
 As to various other objec- 
 tions. 50 L.E.A. 
 (N.S.) 960. 
 False answers by juror as 
 "misconduct" of the 
 jury. 50 L.E.A. 
 (N.S.) 964. 
 Nature of disqualification. 50 L.E.A. 
 (N.S.) 965. 
 Bias. 50 L.E.A. (N.S.) 966. 
 Interest. 50 L.E.A. (N.S.) 967. 
 Juror betting on the result. 
 50 L.R.A.(N.S.) 967. 
 Relationship. 50 L.E.A. (N.S.) 
 968. 
 Eelationship to defeated party. 
 50 L.E.A.(N.S.) 969. 
 
440 
 
 INDEX TO NOTES. 
 
 NEW TRIAL, II. c— cont'd. 
 
 Juror's ignorance of the rela- 
 tionship. 50 L.K.A. 
 (N.S.) 969. 
 
 Other matters. 50 L.E.A 
 (N.S.) 969. 
 Member of grand jury indicting do 
 
 fendant. 50 L.R.A.(N.S.) 
 
 970. 
 Member of jury on former trial 
 
 50 L.R.A.(N.S.) 971. 
 Identity of juror. 50 L.R.A.(N.S.) 
 
 972. 
 Age. 50 L.R.A.(N.S.) 973. 
 Alienage. 50 L.R.A.(N.S.) 973. 
 
 Particular jurisdictions. 50 
 L.R.A.(N.S.) 974. 
 Property qualification. 50 L.R.A. 
 
 (N.S.) 975. 
 Residence. 50 L.R.A. (N.S.) 975. 
 Juror not an elector. 50 L.R.A. 
 
 (N.S.) 976. 
 Criminality of juror. 50 L.R.A. 
 
 (N.S.) 976. 
 Ignorance of language — illiteracy. 
 
 50 L.R.A.(N.S.) 977. 
 Deafness or bad evesight of juror. 
 
 50 L.R.A.(N.S.) 977. 
 Miscellaneous objections. 50 
 
 L.R.A. (N.S.) 977. 
 Miscellaneous. 50 L.R.A. (N.S.) 978. 
 
 d. Newly discovered evidence. 
 
 § 10. Generally. 
 
 Subsequent events disproving character or 
 extent of bodily injury for which re- 
 covery v?as had, as ground for new 
 trial. 45 L.R.A. (N.S.) 87. 
 
 Physical condition of plaintiff, after ver- 
 dict in an action for personal injuries, 
 tending to show falsity of testimony 
 as to extent or character of his in- 
 jury, as ground for new trial. L.E.A. 
 1915B, 243. 
 
 § 11. CumnlatiTe evidence. 
 
 Cumulative evidence as ground for new trial 
 in criminal cases. 46 L.R.A. (N.S.) 
 903. 
 
 In general. 46 L.R.A. (N.S.) 903. 
 
 Circumstances under which cumulative 
 evidence hai or has not been held 
 to render a different outcome prob- 
 able. 46 L.R.A. (N.S.) 911. 
 Cumulative evidence as ground for new 
 trial in civil cases. L.R.A.1916C, 
 1162. 
 
 Cumulative evidence defined. L.R.A. 
 1916C, 1162. 
 
 Circumstances under which evidence 
 has been held to be cumulative or 
 not to be cumulative. L.R.A. 
 1916C, 1164. 
 
 General rules with respect to granting 
 new trials for cumulative evi- 
 dence. L.R.A. 1916C, 1182. 
 
 Circumstances under which cumulative 
 evidence has or has not been held 
 to render a different outcome prob- 
 able. L.R.A.1916C, 1194. 
 
 NEW TRIAL, II. d— cont'd. 
 
 Exceptions to general rules. L.E.A 
 
 1916C, 1198. 
 Cases involving title to milltan 
 
 lands. L.R.A.1916C, 1198. " 
 Evidence cumulative of testimony 
 
 of party to action. L.E.A 
 
 1910C, 1198. 
 Miscellaneous exceptions. L.R.A 
 
 1916C, 1199. 
 
 ///. Practice. 
 
 §12. Generally. 
 
 Power to limit the issues in granting nevi 
 trial. L.R.A.1915E, 239. 
 
 When objection must be made to consump 
 tion of liquor by jury urged as grounc 
 for new trial. L.R.A.1915C, 318. 
 
 NEXT FRIEND. 
 
 Representation of infant by, 
 § 32. 
 
 see Infant 
 
 NEXT OF KIN. 
 
 Beneficiaries and parties plaintiff to ac- 
 tion for death where statute provides 
 for recovery for benefit of next of kin 
 of deceased. L.R.A.1916E, 118. 
 
 NIECE. 
 
 Extrinsic evidence to identify person In- 
 tended by testator using term. 47 
 L.R.A.(N.S.) 533. 
 
 NOISE. 
 
 As element of damages, see Damages, § 87b 
 Liability for frightening horses by, sec 
 HOBSES, § 10. 
 
 As nuisance, see Nuisances, § 4. \ 
 
 NOLLE PROSEQUI. 
 
 Necessity of the consent of court to entrj 
 
 of nolle prosequi in a criminal case 
 
 45 L.R.A. (N.S.) 1120. 
 Entry of, as to one charge in indictmenl 
 
 where objection of duplicity is raised. 
 
 49 L.R.A;(N.S.) 455. 
 
 « » » 
 
 Begin with this boolc on every law questio^n. 
 
 NOMINATIONS. 
 
 See Elections, III. 
 
INDEX TO NOTES. 
 
 441 
 
 NONACCESS. 
 
 Competency of husband or wife as witness 
 as to, see Witnesses, § 20. 
 
 NONCLAIM. 
 
 Effect of, to bar suit to compel guardian to 
 account, or to recover on his bond. 47 
 L.E.A.(N.S.) 457. 
 
 Waiver or tolling of statute of, by person- 
 al representative as to an indebtedness 
 of the estate. L.R.A.1915B, 1042. 
 
 NONEXPERTS. 
 
 Opinions of, see Evidence, VIII. 
 
 NONFEASANCE. 
 
 Liability of agent or servant to third per- 
 sons for. L.R.A. 1916F, 570. 
 
 ■♦«» 
 
 NONINTOXICATING LIQUOBS. 
 
 Sale of, see Intoxicating Liquobs, § 30. 
 #»» 
 
 NON OBSTANTE VEBEDICTO. 
 
 See Judgment, § 13. 
 
 NONBESIDENTS. 
 
 § 1. Generally. 
 
 As to aliens, see Aliens. 
 Attachment against, see Attachment, § 4. 
 As to foreign corporations, see Cobpora- 
 TIONS, XI. 
 
 As to residence generally, see Domicil and 
 Eesidence. 
 
 Jurisdiction of divorce suit by, or against, 
 see Divorce and Sepabation, § 8. 
 
 Garnishment of, see Garnishment, § 12. 
 
 As to foreign judgments, see Judgments, V. 
 
 Effect of nonresidencc on running of limita- 
 tions, see Limitation of Actions, § 46. 
 
 Removal of cause to Federal court where 
 one party is a nonresident, see Remov- 
 al OF Causes, § 7. 
 
 Taxation of property of, see Taxes, § 42. 
 
 Succession tax against, see Taxes, § 100. 
 
 Service of process ^on, see Wbit and Proc- 
 ess, §§13, 18. 
 
 Privilege of, from service of process, see 
 Writ and Process, §§ 32, 34, 36. 
 
 Right of sheriff or constable to appoint non- 
 resident deputies. L.R.A.1916B, 900. 
 Consult also L.R.A. Digests to date. 
 
 NONRESIDENTS— cont'd. 
 
 Debtor's right of action against his nonresi- 
 dent creditor for collecting debt in 
 state of creditor's domicil in evasion of 
 exemption laws of domicil of debtor. 
 47 L.R.A. (N.S.) 689. 
 
 Application to, of regulations as to draymen. 
 45 L.R.A.(N.S.) 1155. 
 
 Discrimination as to nonresidence in license 
 tax upon automobiles. 52 L.R.A. ( N.S. ) 
 951. 
 
 Unknown nonresidence of juror as ground 
 for new trial. 50 L.R.A.(N.S.) 975. 
 
 Effect of nonresidence of family whose head 
 is a resident on latter's right to home- 
 stead. 52 L.R.A.(N.S.) 746. 
 
 § 2. Bights of. 
 
 Right to claim exemption, see Exejiption, 
 § 10. 
 
 Validity of statute or regulations affecting 
 right to practise medicine or surgery 
 of one who has practised in another 
 state or is a nonresident. 49 L'.R.A. 
 (N.S.) 150. 
 
 § 3. Injunction against. 
 
 Effect of nonresidence of defendant on right 
 to injunction against trespass to cut 
 timber. 43 L.R.A. (N.S.) 267. 
 
 NONBIFABIAN LANDS. 
 
 Right to make use on nonriparian land of 
 water rights incident to riparian lands, 
 49 L.E.A.(N.S.) 57. 
 
 NONSUIT. 
 
 See Tbial, IV. 
 
 NONSUPPOBT. 
 
 Husband's liability for, see Husband and 
 Wife, § 71. 
 
 NONUSEB. 
 
 Reverter of land conveyed for school pur- 
 poses, because of. 44 L.R.A. (N.S.) 
 1227. 
 
 NOBTHWESTEBN TEBBITOBY. 
 
 Effect of admission of state into the Union 
 upon ordinance of 1787. 52 L.R.A. 
 (N.S.) 305. 
 
442 
 
 INDEX TO NOTES. 
 
 NOTARIES. 
 
 Woman as notary. L.R.A.1915F, 898. 
 
 Presumption as to authority of notary pub- 
 lic of another state or country to ad- 
 minister an oath. L.R.A.1916A, 1169. 
 
 Liability of notary or other officer certify- 
 ing to acknowledgment or affidavit. 49 
 L.R.A.(N.S.) 45. 
 
 Liability of collecting bank for acts and 
 omissions of notaries public employed 
 as subagents. 52 L.E.A.(N.S.) 656. 
 
 < «» 
 
 NOTES. 
 
 See Bills and Notes. 
 
 NOTICE. 
 
 I. In general, §§ 1—11. 
 II. Constructive notice, § 12. 
 III. Imputed notice, §§ 13—15. 
 IT. Of rights in real property, §§ 16, 
 17. 
 
 I. In general. 
 
 § I. Generally. 
 
 To transferee of note of facts putting on in- 
 quiry, see Bills and Notes, § 42. 
 
 Of claim against carrier, see Cabmebs, § 
 133. 
 
 Of acceptance of guaranty, see Guaranty, 
 § 7. 
 
 Of defects in highway, see Hiqhwats, §§ 
 103, 104. 
 
 Of injury, see Highways, VI. n, 2 ; Master 
 AND Servant, §§ 57, 64; Municipal 
 
 COEPOEATIONS, _§§ 104, 105. 
 
 Of intent to cancel insurance policy, see 
 Insurance, § 51. 
 
 Of insurance premiums, see Insurance, § 
 108. 
 
 To insurer, of loss, injury, or death, see 
 Insurance, § 145. 
 
 To servant of danger, as affecting question 
 of assumption of risk, see Master and 
 Servant, § 113. 
 
 Of redemption from tax sale, see Taxes, § 
 85. 
 
 By publication, see Writ and Process, II. 
 b, 2. 
 
 Presumption and burden of proof as to, sec 
 Evidence, § 37. 
 
 Constitutionality of statute as to, see Con- 
 stitutional Law, § 155. 
 
 As condition of municipal liability, see Mu- 
 nicipal OOEPOEATIONS, §§ 104, 105. 
 
 Presumption as to receipt of notice sent 
 through maiL 49 L.R.A.(N.S.) 45S. 
 
 To employee of railroad company injured by 
 defectively loaded cars. 49 L.E.A. 
 (N.S.) 1011. 
 
 Of withdrawal from building and loan as- 
 sociation. 49 L.R.A.(N.S.) 1133. 
 
 NOTICE, I.— cont'd. 
 
 Holding over after expiration of lease with 
 option for extension or renewal with- 
 out formally exercising such option 
 where notice is required by lease. 
 L.R.A.1916E, 1234. 
 
 Effect of holding over after notice of inten- 
 tion to quit. L.R.A.1915A, 235. 
 
 § 2. Necessity for. 
 
 Necessity of notice of acceptance of guar- 
 anty, see Guaranty, § 7. 
 
 Of injury as essential to recovery on em- 
 ployer's liability insurance policy, see 
 Insurance, § 216. 
 
 As essential to recovery on insurance 
 policy generally, see Insurance, § 145. 
 
 As essential to liability of purchaser for 
 nuisances, see Nuisances, § 17. 
 
 Necessity of notice to seller of breach of 
 warranty, see Sale, § 56. 
 
 What notice is necessary to due process of 
 law in tax proceedings. L.R.A.1916E, 
 5. 
 
 Necessity for notice to party secondarily 
 liable on bill or note of reservation of 
 rights against him upon granting ex- 
 tension of time to party primarily lia- 
 ble. 46 L.R.A.(N.S.) 93. 
 
 Eight of abutting owner to notice and op- 
 portunity to do the work before munic- 
 ipality contracts for improvements in 
 street. 44 L.R.A.(N.S.) 553. 
 
 Duty of shipper of explosives to give no- 
 tice of dangerous nature of goods. 
 L.R.A.1916B, 731. 
 
 Duty of carrier to give notice before sell- 
 ing goods or otherwise disposing of 
 them contrary to shipping directions. 
 45 L.E.A.(N.S.) 18. 
 
 To officer levying writ on tenant's goods 
 and chattels, that rent will be charged 
 for use of leased premises. 43 L.E.A. 
 (N.S.) 529. 
 
 To insured, of contract of reinsurance. 44 
 L.E.A. (N.S.) 318. 
 
 Applicability to premium notes of statute 
 requiring notice of maturity of pre- 
 miums. 5 B. R. C. 434. 
 
 Of danger of destruction of property by mob. 
 44 L.E.A.(N.S.) 360. 
 
 Liability of landlord for injury to ten- 
 ants from defects in premises where 
 lease requires that notice be given land- 
 lord of defect. 48 L.R.A.(N.S.) 921. 
 
 Necessity of notice to tenant before taking 
 advantage of covenants in lease as to 
 payment of taxes and assessments. 
 L.E.A.1915A, 354. 
 
 Necessity of notice of intention to exercise 
 option reserved in contract of sale to 
 return or resell property. 50 L.R.A. 
 (N.S.) 595. 
 
 Necessity of notice to make owner of prem- 
 ises liable for continiuing nuisance cre- 
 ated by predecessor. 50 L.R.A. (N.S.) 
 929. 
 
 Notice to mortgagor of intention to exer- 
 cise implied power of sale. 3 B. E. C. 
 924. 
 
 Begin with, this booU on every law question. 
 
INDEX TO NOTES. 
 
 443 
 
 NOTICE, l.—confd. 
 
 Notice of defect in highway a^ prerequisite 
 to personal liability of highway oiBcers. 
 52 L.K.A.(N.S.) 146. 
 
 Notice of contact of wires carrying electric 
 current as condition of liability for in- 
 jury resulting therefrom. 52 L.E.A. 
 (N.S.) 605. 
 
 Notice of accident and daim for compensa- 
 tion under workmen's compensation 
 acts. L.R.A.1916A, 83, 244. 
 
 % 3. — in judicial proceedings gener- 
 ally. 
 
 Necessity of, to constitute due process, see 
 Constitutional Law, § 155. 
 
 Necessity of notice to make conclusive on 
 the courts, decisions of tribunal of mu- 
 tual benefit society, suspending or 
 expelling a member. 52 L.R.A. (N.S.) 
 811. 
 
 § 5. Sufficiency of. 
 
 Constructive notice, see infra, § 12. 
 
 Of judicial sale, see Judicial Sale, § 5a. 
 
 As condition of municipal liability, see Mu- 
 nicipal Corporations, § 105. 
 
 Sufficiency of notice of contents of tele- 
 gram, see Telegraphs, § 19. 
 
 Of notice required by workmen's compensa- 
 tion acts. L.R.A.1916A, 84. 
 
 Of notice of postponement of judicial sale. 
 L.R.A.1915B, 640. 
 
 Of notice of prior assignment to give it 
 priority over garnishment. L.R.A. 
 1916E, 90. 
 
 Of notice to creditors of assumption of debts 
 on dissolution of partnership. 48 L.R.A. 
 (N.S.) 553. 
 
 SuiBeieney of notice to insured of cancela- 
 tion of fire policy. 50 L.R.A.(N.S.) 35. 
 
 Sufficiency of notice to member of benefit 
 society to render his expulsion or sus- 
 pension conclusive on the courts. 52 
 L.R.A.(N.S.) 811. 
 
 Sufficiency of notice of contact of wires car- 
 rying electric current. 52 L.R.A. (N.S. ) 
 606. 
 
 What constitutes notice of intended mis- 
 appropriation which will render bank 
 liable for failure to prevent misappro- 
 priation of funds by a fiduciary. L.R.A. 
 1915C, 530. 
 
 What notice is necessary to due process of 
 law in tax proceedings. L.R.A.1916E, 
 5. 
 
 § 6. Effect of. 
 
 Effect of, on servant's assumption of risk, 
 see Master and Servant, § 113. 
 
 Effect on priority of garnishment over pri- 
 or assignment. L.R.A.1916J5, 81. 
 
 Effect of, on right to set up estoppel of 
 public corporaton to deny validity of 
 bonds. L.R.A.1915A, 917. 
 
 Effect of notice of defects on right to set 
 
 up estoppel of public corporation to 
 
 deny validity of contract. L.R.A. 
 
 1915A, 1007. 
 
 Consult also L.R.A. Digests to date. 
 
 NOTICE, I.— cont'd. 
 
 Effect of notice of agency on right of de- 
 fendant in action by undisclosed prin- 
 cipal to avail himself of defenses that 
 would have been available in an ac- 
 tion by the agent in his own right on 
 the contract. L.R.A.1916A, 1215. 
 
 Effect of notice to tradesman on liability 
 of husband for necessaries furnished to 
 wife while living with him. 47 L.R.A. 
 (N.S.) 280, 281. 
 
 Right of seller of chattel retaining title or 
 lien as against a purchaser of realty 
 to which it is affixed who has notice of 
 seller's rights. 49 L.R.A. (N.S.) 399. 
 
 Notice to insurer's agent of presence of pro- 
 hibited articles as affecting provision in 
 fire insurance policy prohibiting pres- 
 ence of designated articles on premises. 
 3 B. R. C. 43. 
 
 § 7. Effect of lack of notice. 
 
 Effect of ignorance on criminal responsi- 
 bility, see Criminal Law, § 13. 
 
 Effect on priority of garnishment over 
 prior assignment. L.R.A.1916E, 81. 
 
 Right of seller of chattel retaining title or 
 lien as against purchaser without no- 
 tice of realty to which it is affixed. 49 
 L.R.A.(N.S.) 396. 
 
 § 8. Service of. 
 
 § 9. — mode of service. 
 
 Serving notice by mail, see Postofetcb, § 5. 
 
 §11. Time of. 
 
 As to time of giving notice or commencing 
 suit against carrier, see Carriers, § 
 133. 
 
 Time for notice of loss to insurance com- 
 pany, see Insurance, § 146. 
 
 Time of notice of claim for compensation 
 under workmen's compensation acts. 
 L.R.A.1916A, 86. 
 
 II. Constructive notice. 
 
 § 12. Generally. 
 
 From possession of land, see infra, § 17. 
 Record as, see Records and Recokdinq 
 Laws, § 26. 
 
 Constructive notice of contact pf wires car- 
 rying electric current. 52 L.R.A. (N.S.) 
 606. 
 
 What constitutes notice to bank of true 
 character of funds where it applies de- 
 posit to indebtedness of one depositing 
 in his own name the funds of another. 
 L.R.A.1915A, 722. 
 
 Check drawn by corporate officer payable to 
 his own order as imparting notice to 
 drawee bank of an intended misappro- 
 priation. L.R.A.1915B, 715. 
 
 Notice imported to holders by commercial 
 paper payable to a public body or offi- 
 cer thereof. L.R.A.1915B, 725. 
 
 Matter in letterhead, billhead or on margin 
 of paper on which contract is written 
 as notice affecting the rights of the 
 parties. L.R.A.1916D, 1072. 
 
444 
 
 IKDEX TO NOTES. 
 
 NOTICE— coBi'd. 
 
 III. Imputed notice. 
 
 § 13. Generally. 
 
 When knowledge of danger of low bridge 
 will be imputed to trainman injured 
 thereby. 47 L.R.A.(N.S.) 495. 
 
 Is officer or employee of corporation charge- 
 able with its knowledge of infirmities 
 in commercial paper purchased from it. 
 48 L.R.A.(N.S.) 65; L.R.A.1915D, 
 1099. 
 
 Owner's imputed knowledge of dan£;erous 
 character of dog. 51 L.E.A.(]Sr.S.) 47. 
 
 § 14. Of agent or employee to princi- 
 pal or employer. 
 
 Admissibility of report by agent or em- 
 ployee to employer to show notice to 
 principal. 47 L.E.A.(N.S.) 830.- 
 
 § 15. — corporate officer or agent. 
 
 Imputing knowledge of officer to bank, see 
 Bai^ks, § 8a. 
 
 IV. Of rights in real property. 
 
 § 16. Generally, 
 
 Record as, see Records and Eecoedinq 
 Laws, § 26. 
 
 Of rights of tenant to transferee of rever- 
 sion of leased premises. L.R.A.1915C, 
 193. 
 
 § 17. Possession as notice of title. 
 
 To one claiming estoppel to set up title, see 
 Estoppel, § 7a. 
 
 Possession by tenant as notice to transferee 
 of reversion. L.R.A.1915C, 195. 
 
 NOVATION, 
 
 Effect of novation of contract on right of 
 purchaser of chattel to avail himself of 
 breach of warranty made to the seller. 
 51 L.R.A.(N.S.) 1111. 
 
 Secondary agreement abrogating, altering 
 or supplementing prior contract as a 
 novation. L.R.A.1915B, 59. 
 
 NOXIOUS VEGETATION. 
 
 Validity and construction of statute in re- 
 lation to. 43 L.R.A.(N.S.) 1090. 
 
 NUISANCES. 
 
 I. What are, §§ 1-9. 
 II. Liability for; right to maintain; 
 rem,edies, §§ 10—31. 
 a. In general, § 10. 
 6. Who liable, §§ 11-19. 
 c. Remedies; right of action, §§ 
 20-25. 
 
 NUISANCES, II.— cont'd. 
 
 d. Defenses, §§ 26—29. 
 
 e. Criminal liability; punish- 
 
 ment, §§ 30, 31. 
 
 Constitutionality of statute as to, see Con- 
 stitutional Law, § 89. 
 
 Nuisance on leased premises, see Landlord 
 AND Tenant, § 62. 
 
 Attractive nuisances, see Negligence, §§ 23, 
 23a. 
 
 /. What are. 
 
 § 2, As to ivaters; drains and sewers. 
 
 By pollution, see Waters, § 57. 
 
 Obstruction of navigable water as. 51 
 
 L.K.A.(N.S.) 1172. 
 
 § 3, Trees near boundary. 
 
 Trees near boundary as nuisance. 46 L.R.A. 
 (N.S.) 6. 
 
 § 4, Noise as element. 
 
 Noise with or without vibration incident to 
 lawful industrial business, as nuisance. 
 44 L.R.A.(N.S.) 236. 
 
 § 5, Smoke, dnst, etc.; odors. 
 
 Burning slack, culm, or other waste mate- 
 rial as a nuisance. 48 L.R.A. (N.S.) 
 244. 
 Throwing garbage on surface. 43 L.R.A. 
 (N.S.) 1037; L.R.A.1915C, 747. 
 By an individual. 43 L.R.A. (N.S.) 
 
 1037.. 
 By a municipal corporation. 43 L.EA. 
 (N.S.) 1038. 
 Stable for horses as a, nuisance. 49 L.E.A. 
 (N.S.) 958. 
 
 § 6. Explosives,' 
 
 Storage of explosives as nuisance. L.E.A. 
 1915A, 615. 
 
 Storage of oil, gasolene, or gas as nuisance 
 because of explosive or combustible 
 quality. 52 L.R.A. (N.S.) 930. 
 
 § 7, Hospital or pesthouse. 
 
 Hospital as nuisance. 52 L.R.A. (N.S.) 
 1032. 
 
 § 9. Miscellaneous, 
 
 Bridge as, see Bridges, § 2, 
 
 Exhibitions of anatomical subjects as nui- 
 sance. 45 L.R.A.(N.S.) 23. 
 
 Pool selling as a nuisance. 44 L.R.A. (N.S.) 
 161. 
 
 Stable for horses as a nuisance. 49 L.E.A. 
 (N.S.) 958. 
 
 Illicit cohabitation as a nuisance. L.E.A. 
 1916C, 653. 
 
 to maintain; 
 
 Begin with this booTc on every law question. 
 
 II. Liability for; right 
 remedies. 
 
 a. In general. 
 
 §10. Generally, 
 
 Liability for blasting, see Blasting.^ 
 
INDEX TO NOTES. 
 
 445 
 
 JSrUISANCES, II. a,-~cont'd. 
 
 JMeasure of damages for, see Damages, III. 
 
 0. 
 
 Municipal control over, see Municipal Coep- 
 ORATIONS, V. c, 4 (e). 
 
 6. Who liable. 
 
 S 11. Generally. 
 
 Criminal responsibilty, see infra, § 30. 
 Municipal liability in respect of, see Munic- 
 ipal COKPORATIONS, § 77. 
 
 Joint liability of successive owners of prop- 
 erty for nuisance maintained thereon. 
 46 L.R.A.(N.S.) 1187. 
 
 Liability of school district or corporation 
 for. 49 L.R.A.(N.S.) 1032. 
 
 Liability of receiver for continuance of 
 nuisance created before his appoint- 
 ment. L.E.A.1916F, 1020. 
 
 -§ 16. Purchaser. 
 
 § 17. — necessity of notice. 
 
 J^ecessity of notice to make owner of prem- 
 ises liable for continuing nuisance cre- 
 ated by predecessor. 50 L.E.A. (N.S.) 
 929. 
 
 § 18. I.andlord. 
 
 iiability to third persons, see Landlobd and 
 Tenant, § 62. 
 
 c. Remedies; right of action. 
 
 § 20. Generally. 
 
 Injunction against, see Injunction, II. f. 
 
 § 20a. Continuing nuisance. 
 
 •Character of nuisance as continuing; when 
 cause of action arises; successive 
 actions. L.R.A.1916E, 997. 
 In general. L.R.A.1916E, 997. 
 When first cause of action arises. L.R.A. 
 
 1916E, 999. 
 Question of right to successive actions. 
 L.R.A.1916E, 1011. 
 Permanency of the structure. 
 L.R.A.1916E-, 1011. 
 Presumption from illegality. 
 
 L.R.A.1916E, 1013. 
 Its physical characteristics. 
 
 L.R.A.1916E, 1046. 
 Certainty and obviousness of 
 future injuries. L.R.A. 
 1916E, 1050. 
 Defendant's intention. L.R.A. 
 1916.E, 1054. 
 Character of the injury. L.R.A. 
 1916E, 1055. 
 Amount and continuing nature 
 of the injuries. L.R.A. 
 1916E, 1056. 
 Plaintiff's right to elect. L.R.A. 
 1916E, 1068. 
 
 $ 21. Abatement. 
 
 Validity of statutory provision for attor- 
 ney's fee in proceeding by statute to 
 abate a liquor nuisance. L.R.A.1915E, 
 949. 
 Consult also L.B.A. Digests to date. 
 
 NUISANCES, II. c— cont'd. 
 
 Vacancy of property as affecting right to 
 
 enjoin nuisance affecting it. 46 L.R.A. 
 
 (N.S.) 642. 
 Remedy in equity for wrongful issuance of 
 
 license for sale of intoxicating liquor. 
 
 L.R.A.1915E, 408. 
 
 § 22. — who may abate or maintain 
 suit for. 
 
 Right of municipality to maintain suit to 
 abate nuisance. L.R.A.1916D, 1020. 
 
 Special damage from awning or structure 
 overhanging street which will sustain 
 action by private person to abate it. 
 48 L.R.A.(N.S.) 173. 
 
 Right of one who navigates stream or float.s 
 logs therein to abate nuisance arising 
 from bridge. 51 L.R.A. (N.S.) 1172. 
 
 § 24. Who may maintain action for. 
 
 Action for abatement, see supra, § 22. 
 Who may sue for injunction, see Injunc- 
 tion, §§ 25, 26, 29, 65. 
 
 In case of continuing nuisance. L.R.A. 
 1916E, 997. 
 
 Necessity of interest or estate in premises 
 affected by nuisance to sustain action 
 for death or bodily injury from the 
 nuisance. 43 L.R.A. (N.S.) 871. 
 
 § 25. — private right of action; spe- 
 cial damages. 
 
 Violation of statute or ordinance relating 
 to explosives as nuisance giving right 
 of private action. 48 L.R.A. (N.S.) 878. 
 
 Interference with one's use of highway by 
 unlawful obstruction as a special dam- 
 age which will sustain an actian by 
 him against the wrongdoer. L.R.A. 
 1915D, 142. 
 
 d. Defenses. 
 
 § 25a. In general. 
 
 Doctrine of comparative injury in suit to 
 enjoin nuisance. L.R.A.1916C, 1269. 
 
 Estoppel by encouraging or acquiescing in 
 erection of building or plant to com- 
 plain of it as a nuisance. L.R.A. 
 19160, 940. 
 
 § 26. Prescriptive right to maintain. 
 
 Estoppel by encouraging or acquiescing in 
 erection of building or plant to 
 complain of it as a nuisance. 
 L.R.A.1916C, 940. 
 
 § 28. Legislative authority as a de- 
 fense. 
 
 Legislative authority as defense to a pub- 
 lic nuisance. L.R.A.1915B, 1207. 
 General rules. L.R.A.1915B, 1208. 
 Limitations upon legislative authority 
 as a defense. L.R.A.1915B, 
 1210. 
 Act must be within the grant of 
 
 power. L.R.A.1915B, 1210. 
 Act must be the natural and neces- 
 sary result of the grant. 
 L.R.A.1915B, 1211. 
 
446 
 
 INDEX TO NOTES. 
 
 NUISANCES, II. d— cont'd. 
 
 Effect of negligence. L.K.A.1915B, 
 
 1213. 
 Necessity of reasonableness of use. 
 
 L.II.A.1915B, 1213. 
 Power to authorize. L.R.A.1915B, 
 1213. 
 Legislative authority as defense to nuisance 
 created by pollution at point where 
 sewers of municipality discharge. 47 
 L.R.A.(N.S.) 137. 
 
 e. Criminal liability; punishment. 
 
 § 30. Criminal liability. 
 
 Criminal responsibility of public officers for 
 nuisance. L.R.A.1916F, 582. 
 
 < « » 
 
 NUMBER. 
 
 Of jurors, see Juet, § 15. 
 
 ♦-•-♦ 
 
 NUNCUPATIVE W^IULS. 
 
 See Wills, § 59. 
 
 NUBSS. 
 
 Liability of proprietor of private sanitarium 
 or hospital for negligence of nurse or 
 attendant. L.R.A.1915D, 334. 
 
 # «» 
 
 NUBSERT STOCK. 
 
 Liability of vendor of, see Sales, § 36a. 
 
 < » » — 
 
 OATH. 
 
 § 1. Generally. 
 
 See also Affidavit. 
 
 Presumption as to authority of notary pub- 
 lic of another state or country to ad- 
 minister an oath. L.R.A.1916A, 1169. 
 
 Voluntariness of confession made under. 50 
 L.E.A.(N.S.) 1089. 
 
 § 2. To grand jury or officers in 
 charge of them. 
 
 Failure of record to show that grand jury 
 was sworn. 49 L.R.A. (N.S.) 1215. 
 
 OBJECTIONS. 
 
 To raise question cm appeal, see Appeal and 
 
 Ebrob, § 24a. 
 During trial, see Teial, § 18. 
 
 OBSCENITY. 
 
 Good motive as affecting criminal charge 
 involving obscene language or litera- 
 ture. L.R.A.1916B, 1121. 
 
 OBSOLESCENCE. 
 
 Consideration of, in treatment of deprecia- 
 tion in estimating return of public 
 service corporation for rate-making 
 purposes. 52 L.R.A. (N.S.) 37. 
 
 OBSTBUCTING JUSTICE. 
 
 Escaping or aiding in escape, see Escape. 
 
 Claiming or taking possession of property 
 from officer who has seized it under 
 a writ. 47 L.R.A. (N.S.) 1146. 
 
 ♦ «» 
 
 OBSTBUCTIONS. 
 
 § 1. Generally. 
 
 Loss or abandonment of easement by, se& 
 
 Easement, § 25. 
 In highways, see Highways, IV. e, f; VI. 
 
 b, 4. 
 Of waters, see Waters, II. f. 
 
 § 2. On railroad track. 
 
 Obstructing crossing, see Raileoads, § 62. 
 
 Duty of railroad company to remove ob- 
 structions on right of way interfering 
 with lookout from trains. L.R.A. 
 1916F, 130. 
 
 OBVIOUS DANGEBS. 
 
 Servant's assumption of risk of, see Masteb 
 AND Servant, § 113. 
 
 OBVIOUS DEFECTS. 
 
 Landlord's liability for injury to tenants 
 from. 48 L.R.A.(N.S.) 917; L.R.A. 
 1916D, 1224. 
 
 OCCULTISM. 
 
 Prohibition of fortune telling and kindred 
 superstitions. 43 L.R.A. (N.S.) 203. 
 
 OCCUPANCY. 
 
 Begin with this took on every law question. 
 
 Of insured premises, see Instjeance, § 75. 
 
INDEX TO NOTES. 
 
 447 
 
 OCCUPATION. 
 
 Constitutionality of statutes regulating, see 
 
 CONSTITUTIONAI. LaW, §§ 112-146. 
 
 Of insured, see Insubance, V. h, 2 (b). 
 
 Tax on generally, see License, II. 
 
 Of real property, see Use and Occupation. 
 
 OCCUPATIONAL DISEASES. 
 
 Recovery for, under workmen's compensa- 
 tion act. L.E.A.1916A, 106, 289. 
 
 ♦ «» 
 
 OCCUPATION TAX. 
 
 See License, II. 
 
 ODOBS. 
 
 As Nuisance, see Nuisances, § 5. 
 « ■ » 
 OFFER AND ACCEPTANCE. 
 
 See Conteacts, §§ 22, 23. 
 
 •-»-¥ 
 
 OFFICE. 
 
 See Officers. 
 
 OFFICE BUILDING. 
 
 Liability of landlord of, for injury to per- 
 son calling on tenant on business. 
 L.R.A.1916F, 1118. 
 
 OFFICEBS. 
 
 /. In general; who are, §§ 1, S. 
 II. Selection; incumbency; tenure, §§ 
 3-27. 
 
 a. In general, § 3. 
 
 b. Eligibility; qualifications, §§ 
 
 4-9. 
 
 c. Appointment; election; accept- 
 
 ance, §§ 10—15. 
 d. Term of office; vacancy; holding 
 over, §§ 10-18. 
 
 e. Resignation or deprival of of- 
 
 fice; restoration, §§ 19—26. 
 
 f. Contest of title; usurpation of 
 
 office, §37. 
 III. Bights, powers, duties, compensa- 
 tion, and liability, §§ 28—42. 
 
 a. Bights, powers, and duties, 
 
 generally, §§ 38-30. 
 
 b. Compensation; fees, §§ 31—37. 
 
 c. Liability, §§ 38-42. 
 Consult also L.B.A.. Digests to date. 
 
 OFFICERS— cont'd. 
 
 /. In general; who are, 
 
 g 1. Generally. 
 
 Arrest by, see Aebest. 
 
 Resistance of, see Obstbucting Justice. 
 
 Recovery back of money from, see Assump- 
 tion, §§ 8, 9. 
 
 Of banks, see Banks, IV. 
 
 Of corporations, see Coepoeations, VI. 
 
 County officer, see Counties, § ]2. 
 
 Highvray officers, see Highways, §§ 87, 114. 
 
 Judicial officers, see Judges. 
 
 Of municipality, see Municipal Coepoea- 
 tions, VI. . 
 
 Of towns, see Towns, § 8. 
 
 Receivers, see Receivees. 
 
 Referees, see Refebenoe. 
 
 School officers, see Schools, §§ 23-25. 
 
 Sheriff, see Sheeiffs. 
 
 Tax officers, see Taxes, §§ 60, 61. 
 
 Bonds of, see Bonds, II. d. 
 
 Bribery of, see Beibeet. 
 
 Power of legislature as to municipal officers,, 
 see CoNSTiTXixiONAL Law, § 21. 
 
 Constitutionality of statute as to generally,, 
 see Constitutional Law, § 90. 
 
 Validity of contract affecting official ac- 
 tion, see Conteacts, § 98. 
 
 Validity of contract in which officer is per- 
 sonally interested, see Conteacts, § 
 100a. 
 
 Validity of contracts with public officers, 
 generally, see Contracts, §§ 99-lOOb. 
 
 Deputy officers, see Deputy. 
 
 Embezzlement by, see Embezzlement. 
 
 Voluntariness of confession to, see Evi- 
 dence, IX. 
 
 Homicide by officers of justice, see Homi- 
 cide, § 12. 
 
 Injunction as to offices, see Injunction, | 
 39. 
 
 Injunction against, see Injunction, II. 1. 
 
 Libel of, see Libel and Slander, § 21. 
 
 Mandamus to, see Mandamus, §§ 3-11. 
 
 Liability of municipality for acts of officers, 
 see Municipal Coepoeations, V. g, 2. 
 
 As proper parties to bring action, see Pas- 
 ties, § 9." 
 
 Service of foreign corporation by service 
 on, see Writ and Peocess, § 26. 
 
 Statutes conferring powers upon municipal- 
 ities or counties in respect to their of- 
 ficers as a delegation of legislative pow- 
 er, L.R.A.1916D, 921. 
 
 When action against officers is deemed to 
 be action against the state. 44 L.R.A. 
 (N.S.) 189. 
 
 Official meeting as meeting within purview 
 of offense of disturbing meeting. 45 
 L.R.A.(N.S.) 108. 
 
 Validity of an agreement by which com- 
 pensation is dependent on success in 
 procuring a contract with public of- 
 ficers or board. L.R.A.1915C, 823. 
 
 Notice imported to holders by commercial 
 paper payable to a public body or of- 
 ficer thereof. L.E.A.1915B, 725. 
 
 Liability of carrier for compelling officer in 
 charge of negro prisoner to ride in car 
 for colored persons. L.R.A.1916E, 280. 
 
448 
 
 INDEX TO NOTES. 
 
 OFFICERS, 1.— cont'd. 
 
 Unauthorized presence of oflBcer in grajid 
 
 jury room as affecting indictment. 
 
 L.R.A.1916D, 1125. 
 Use of public funds to pay expense incurred 
 
 by officer in litigation. L.R.A.1916D, 
 
 92. 
 
 II. Selection ; incumbency; tenure. 
 a. In general. 
 
 § 3. Generallgr. 
 
 Power of legislature to add to or vary the 
 constitutional method of selecting 
 judges. L.R.A.1916E, 834. 
 
 b. Eligibilitt) ; qualifications. 
 
 § 7. 'Women. 
 
 Woman as notary. 
 
 L.R.A.1915F, 
 
 § 9. Misconduct. 
 
 Re-election of public officer after ouster for 
 misconduct. L.R.A.1916D, 959. 
 For une.\pired term. L.R.A.1916D, 
 
 For another or following term. 
 1916D, 962. 
 
 L.R.A. 
 
 c. Appointment; election; acceptance. 
 
 § 10. Generally. 
 
 ilatters as to election of, generally, see 
 Elections. 
 
 Validity of agreements tending to influence 
 elections or appointments to office. 51 
 L.R.A.(N.S.) 549. 
 
 § 13. For term extending beyond 
 term of appointing officer. 
 
 I'owor of board to appoint officer for term 
 extending beyond its own term. L.R.A. 
 1915E, 581. 
 
 § 14. To fill vacancy. 
 
 Term of one appointed to fill vacancy, see 
 infra, § 16a. 
 
 Right of governor or Presid?nt to make an 
 ad interim appointment to an office 
 whose fixed term expires before the 
 senate's adjournment, where the in- 
 cumbent is authorized to hold over until 
 his successor is appointed. 46 L.R.A. 
 (N.S.) 1202. 
 
 Power of legislature to add to or vary the 
 constitutional method of filling vacan- 
 cy in office of judge. L.R.A.1916E, 844. 
 
 d. Term of office; vacancy; holding 
 over. 
 
 §16. Term of office. 
 
 Appointment for term extending beyond 
 term of appointing officer, see supra, 
 § 13. 
 
 Power to extend term of office by postpon- 
 ing time of election. L.R.A.1915C, 378. 
 
 § 16a. — of one appointed to fill va- 
 cancy. 
 
 Introduction. 50 L.R.A.(N.S.) 337. 
 
 Begin with this booTc on every law question. 
 
 OFFICERS, II. A— cont'd. 
 
 Where law fixes duration of term only. 
 
 L.R.A.(N.S.) 338. 
 Where law fixes duration and also beginni 
 or end of term. 50' L.R.A. (N.S.) 3< 
 Where law provides for rotation of office 
 
 50 L.R.A.(N.S.) 345. 
 Appointments to elective officers. 50 L.R. 
 
 (N.S.) 347. 
 Ad interim appointments. 50 L.R.A. (N.g 
 
 351. 
 Where special act conflicts with general ai 
 
 50 L.R.A.(N.S.) 352. 
 Vacancies in office to be filled by govern 
 by and with the consent of the senai 
 50 L.R.A.(N.S.) 352. 
 Alteration of constitutional term by sta 
 
 ute. 50 L.R.A. (N.S.) 354. 
 Term not affected by commission issued 1 
 appointing power. 50 L.R.A. (N.S 
 356. 
 Miscellaneous decisions. 50 L.R.A. (N.S 
 
 357. 
 Summary. 50 L.R.A.(N.S.) 358. 
 Meaning of "next general election" or sin 
 lar phrase, in statute fixing ter 
 of one appointed to fill a vacanc 
 50 L.R.A.(N.S.) 359. 
 "Next general" election. 50 L.R.. 
 
 (N.S.) 361. 
 "First proper election." 50 L.E.j 
 
 (N.S.) 362. 
 "Next regular" election. 50 L.R./ 
 
 (N.S.) 363. 
 "Next election by the people." £ 
 
 L.R.A.(N.S.) 364. 
 "Next" election. 50 L.R.A. (N.S.) 30 
 "Next city" election. 50 L.R.A. (N.S 
 
 364. 
 "Next ensuing general election." £ 
 L.R.A.(N.S.) 364. 
 
 §17. Vacancy. 
 
 Appointment to fill vacancy, see supra, § 1 
 
 Effect of death of person elected before tal 
 ing office, or of his failure to qua! 
 fy. 50 L.R.A.(N.S.) 374. 
 ■ Death before qualification. 50 L.E.i 
 (N.S.) 375. 
 Where re-elected candidate dies b 
 fore entering office. 50 L.K.J 
 (N.S.) 378. 
 Where deceased person has qualifiei 
 
 50 L.R.A.(N.S.) 379. 
 Failure of elected candidate to qual 
 fy. 50 L.R.A.(N.S.) 380. 
 
 §18. Holding over. 
 
 Right of governor or president to make a 
 ad interim appointment to an offii 
 whose fixed term expires before the sei 
 ate's adjournment, where the incumbei 
 is authorized to hold over until su 
 cessor is appointed. 46 L.R.A. (N.S 
 1202. 
 Purpose and effect of provision that ineui 
 
 bent shall hold his office until h 
 
 successor is elected and qualifie 
 
 50 L.R.A.(N.S.) 365. 
 Expiration of term as working vacai 
 
 ey where incumbent holds over. S 
 
 L.R.A.(N.S.) 368. 
 
INDEX TO NOTES. 
 
 449 
 
 •OFFICERS, II. d— cont'd. 
 
 Wherci^ election is illegal or person elect- 
 ed ineligible. 50 L.R.A.(N.S.) 
 372. 
 
 Effect of provision limiting time ofBce 
 may be held. 50 L.R.A. (N.S.) 373. 
 
 But a contrary rule has been applied in 
 an Indiana case. 50 L.E.A. (N.S.) 
 374. 
 
 «. Besignation or deprival of office; res- 
 toration. 
 
 % 19. Resignation. 
 
 Effect of resignation before appointment of 
 
 election. L.R.A.1915E, 401. 
 Right of referee to resign. 46 L.R.A. (N.S.) 
 
 68. 
 
 § 22. Removal or suspension. 
 
 Recall of, see Initiative, Referendum and 
 Recall. 
 
 Mandamus to compel exercise of power to 
 remove or suspend public officer. 46 
 L.R.A. (N.S.) 9. 
 
 Re-election of public ofBcer after ouster for 
 misconduct. L.R.A.1916D, 959. 
 
 § 24. — grounds for. 
 
 Acts during prior term as ground for re- 
 moval. 50 L.R.A.(N.S.) 553. 
 Removal for failure to enforce criminal or 
 penal law or ordinance. 50 L.R.A. 
 (N.S.) 841. 
 Removal for drunkenness. 50 L.R.A. (N.S.) 
 912. 
 Constitutionality of statutes. 50 
 
 L.R.A.(N.S.) 913. 
 Construction of statutes. 50 L.R.A. 
 
 (N.S.) 914. 
 Evidence held sufficient to warrant re- 
 moval. 50 L.R.A.(N.S.) 915. 
 Evidence held insufficient to warrant 
 removal. 50 L.R.A. (N.S.) 919. 
 
 § 25. Impeachment. 
 
 Acts during prior term as ground .for im 
 peachment. 50 L.R.A.(N.S.) 553. 
 
 f. Contest of title; usurpation of office. 
 
 § 27. Generally. 
 
 By mandamus proceeding, see Mandamus, § 
 9. 
 
 Use of public funds to pay expenses in- 
 curred by officer in establishing title to 
 office. L.R.A.1916D, 94. 
 
 III. Bights, powers, duties, compensa- 
 tion, and liability. 
 
 a. Mights, powers, and duties, gener- 
 ally. 
 
 § 28. Generally. 
 
 Powers to make contracts, see Contbacts, 
 
 §§ 99-101. 
 Powers of judicial officers, see Judges, § 6. 
 Mandamus to compel performance of duty 
 by public officer, see Mandamus, II. b. 
 Of school officers, see Schools, § 24. 
 Consult also L.B.A.. Digests to date. 
 43— '16F. 2 
 
 OFFICERS, III. a,— cont'd. 
 
 Duty of government official to know signa- 
 ture of drawer of draft. L.R.A.1915D, 
 797. 
 
 Right of officer executing criminal process 
 to take possession of evidentiary arti- 
 cles. L.R.A.1916C, 1017. 
 
 ft. Compensation; fees, 
 
 § 31. Generally. 
 
 Validity of contract as to, see Conteaots, 
 
 § 99a. 
 Right to reward, see Rewabd, § 4. 
 
 Requisites of appropriation for official sal- 
 ary or expenses. 49 L.R.A. (NiS.) 67. 
 
 Right of officer conducting judicial sale to 
 his fee where property is bid in by 
 person at whose instance sale was 
 made. 48 L.R.A.(N.S.) 542, 
 
 c. Liability. 
 
 § 38. Generally. 
 
 On bond, see Bonds, II. d. 
 
 Liability for false imprisonment, see False 
 
 Impeisonment, ,§§ 6-7a. 
 Liability for wrongful levy, see Lh:vt and 
 
 Selzdee, §§ 10-12. 
 Municipal liability for acts of officers, see 
 
 Municipal Cobpokations, V. g, 2. 
 Of clerk, see Clerks, § 7. 
 Of governor, see Govebnoe, § 4. 
 Of judges, see Judges, § 8. 
 Of postmaster, se^ Postopfice, § 3. 
 Of school officers, see Schools, § 25. 
 Of tax officer, see Taxes, §§ 60, 61. 
 Of officer serving process, see Wbit and 
 
 Peocess, § 39. 
 
 Duty of municipal officer to account for 
 profits made in transaction with a 
 municipality. 48 L.R.A. (N.S.) 842. 
 
 Liability of officer e.xecuting invalid search 
 warrant. 49 L.R.A. (N.S.) 770. 
 
 Personal liability of public officer for failure 
 to take bond, or for taking insufficient 
 bond, from contractor, conditioned for 
 payment of claims of subcontractors, 
 materialmen, and laborers. 49 L.R.A. 
 (N.S.) 1199. 
 
 § 39. On contract. 
 
 Liability of public officers on contracts 
 made by them for the public. 43 
 L.R.A. (N.S.) 565. 
 Cases not making a distinction between 
 public officers and private agents. 
 43 L.R.A.(N.S.) 568. 
 
 § 40. For negligence or torts. 
 
 Liability for false imprisonment, see False 
 
 Impeisonment, §§ 6-7a. 
 Liability for wrongful levy, see Levy and 
 
 Seizure, §§ 10-12. 
 Liability of police officer, see Police, § 5. 
 
 Criminal responsibility for nuisance. L.R.A, 
 
 1916F, 582. 
 Personal liability of highway officers for 
 
 negligence. 52 L.R.A."(N.S.) 142; 
 
 L.R.A.1916B, 1186. 
 
450 
 
 INDEX TO NOTES. 
 
 OFFICERS, III. c— cont'd. 
 
 When statute begins to run against action 
 
 by private person based on breach of 
 
 duty by public officer. 52 L.R.A. (N.S.) 
 
 701. 
 
 Liability of officer for making an arrest. 
 
 L.R.A.1915B, 505. 
 Right to break and enter dwelling to serve 
 civil writ of process. L.R.A.1916D, 
 281. 
 Liability of live stock inspectors. L.K.A. 
 1915B, 1013. 
 Unconstitutional statute. L.R.A.1915B, 
 
 1013. 
 Offer not proceeding according to the 
 
 statute. L.R.A.1915B, 1013. 
 Disease as a prerequisite for the acts 
 of officer. L.R.A.1915B, 1013. 
 Exemplary damages. L.R.A. 1915B, 
 1015. 
 Miscellaneous. L.R.A.1915B, 1015. 
 
 § 42. For judicial acts. 
 
 Liability of judicial officer to civil action 
 for acts of judicial nature. 44 L.R.A. 
 (N.S.) 164. 
 
 OFFICIAL MEETING. 
 
 As meeting within purview of offense of 
 disturbing meeting. 45 L.R.A. (N.S. ) 
 108. 
 
 OIL. 
 
 As part of realty, see Mines, III. c. 
 
 Violation of statute or ordinance relating 
 
 to, as ground of private action. 48 
 
 L.R.A.(N.S.) 879. 
 Sale of oil from wagon as peddling within 
 
 statutory or municipal regulations. 
 
 L.R.A.1916B, 1296. 
 Right to oil in railroad right of way as 
 
 between company and fee owner. 45 
 
 L.R.A. (N.S.) 803. , 
 
 Storage of, as nuisance. 52 L.R.A. (N.S.) 
 
 uao. 
 
 OLD AGE. 
 
 As proof of testamentary capacity. L.R.A. 
 1915A, 450. 
 
 OLEOMABGABIN. 
 
 See Food, § 9. 
 
 OMNIBUS. 
 
 OPEN HOUSE. 
 
 Condition in liquor dealer's bond 'that licen 
 see shall keep an open house. L.R.A 
 1916E, 274. 
 
 OPEBATING EXPENSES. 
 
 Treatment of, in estimating the return of i 
 public service corporation for rate 
 making purposes. 52 L.R.A. (N.S.) 15 
 
 OPEBATION. 
 
 Performance of operation without consent 
 of patient, see Physicians and Sub 
 
 GEONS, § 14. 
 
 Duty of injured person to submit to, on ad 
 vice of physician or surgeon. ii 
 L.^.A.(N.S.) 111. 
 
 ♦-•-♦ 
 
 OPINION EVIDENCE. 
 
 See Evidence, VIII. 
 
 < » » • 
 
 OPINIONS. 
 
 § 1. Generally. 
 
 As evidence, see Evidence, VIII. 
 Expression of, as fraud, see Fraud .\nd De- 
 ceit, § 7. 
 
 See Hacks. 
 
 Bcain ivith this booTt. on every law question 
 
 OPTION. 
 
 Assigna/bility of, see Assignment, § 4. 
 
 As to mutuality, generally, see Contracts, 
 § 38- 
 
 Rights conferred by, generally, see Con- 
 tracts, § 23. 
 
 \'alidity of wagering contracts, generally, 
 see Contracts, IV. c. 
 
 In insurance policy, see Insurance, § 56. 
 
 Of insurer as to person to receive proceeds 
 of policy, see Insurance, § 194. 
 
 To renew lease, see Landlord and Tenant, 
 § 25. 
 
 To servant to accept benefits from relief 
 fund, see Master and Servant, § 53. 
 
 To declare mortgage due for default of 
 payments, see Mortgage, § 65. 
 
 As affecting specific performance, see Spe- 
 cific Performance, II. f. 
 
 For sale of real estate, see Vendor and 
 Purchaser, § 4. 
 
 Right to damages for breach of option con- 
 tract which is not specifically enforce- 
 able because it contravenes the rule 
 against perpetuities. 4 B. R. C. 292. 
 
 Right of broker to compensation upon pro- 
 curing customer to take an option. 43 
 L.R.A. (N.S.) 91. 
 
OPTION— coni'fj. 
 
 Exercise of option to retire obligation be- 
 fore maturity as stopping interest. 43 
 L,K.A.(N.S.) 1146. 
 
 Option as to maturity of paper as affect- 
 ing negotiability. L.E.A.1915B, 472. 
 
 Validity of contract or option by director 
 for purchase of stock of employee of 
 corporation upon discontinuance of em- 
 ployment. L.K.A.1916D, 1117. 
 
 INDEX TO NOTES. 
 
 ORES. 
 
 In general, see Mines. 
 
 451 
 
 ORAI, CONTRACTS. 
 
 Generally, see Contracts, II. g. 
 
 Specific performance of, see Specific Pee- 
 
 EOEMANCE, II. b. 
 
 ORAL COVENANTS. 
 
 See Covenants and Conditions. 
 
 *-•-♦ 
 
 ORAL EVIDENCE. 
 
 See Evidence, VII. 
 
 • « » 
 
 ORANGE MINT. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 316. 
 
 ORCHARDS. 
 
 Validity and construction of statutory 
 regulations as to infected orchards. 
 43 L.R.A.(N.S.) 1080; L.E.A.1915F, 
 894. 
 
 Effect of constitutional or statutory exemp- 
 tion of, from condemnation proceed- 
 ings. L.E.A.1916A, 1103. 
 
 ORDER. 
 
 Admissibility of, in evidence, see Evidence, 
 
 § 130. 
 Of court, see Motions and Okdebs. 
 Of trial, see Trial. 
 
 ORDINANCE. 
 
 In general, see Munioipai. Coepobations, V. 
 
 c. 
 Ordinance of 1787, see Oedinance of 1787. 
 
 • « » 
 
 ORDINANCE OF 1787. 
 
 Effect upon, of admission of state into the 
 Union. 52 L.R.A.(X.S.) 305. 
 Consult also L.R.A. Digests to date. 
 
 ORGANIZATIONS. 
 
 Of petit jury, see JUBY, III. 
 
 Of municipality, see Municipal Corpora- 
 tions, § 6. 
 
 Of school district, see Schools, § 28. 
 
 See also Associations; Benevolent So- 
 cieties; Building and Loan Associa- 
 tions; Corporations; Insurance; 
 Paetneeship; Relief Associations;. 
 Religious Societies. 
 
 ORGANIZED LABOR. 
 
 See Labor Organizations. 
 
 < « » 
 
 ORIGINAL PACKAGE, 
 
 As articles of commerce, see Commerce, 
 § 16. 
 
 Original package rule as affecting question 
 what amounts to retail as distinguished 
 from wholesale of liquor. L.R.A. 
 1915B, 389. 
 
 ORPHAN. 
 
 Residence of, for school purposes. 51 L.R.A. 
 (N.S.) 234. 
 
 OTHER ACTION PENDING. 
 
 Abatement of action by, see Abatement ano 
 Revival, § 5. 
 
 OUSTER. 
 
 Of jurisdiction of courts, see COUBTS, § 3. 
 
 Re-election of public officer after ouster for 
 misconduct. L.R.A.1916D, 959. 
 
 OVERCROWDING. 
 
 Carrier's liability in case of, see Careiees,, 
 
 § 74. 
 
 OVERFLOW. 
 
 In general, see Waters, II. f. 
 
452 
 
 INDEX TO NOTES. 
 
 OVERHANG. 
 
 Liability of street railway company to one 
 hit by swing of car at curve. L.R.A. 
 > 19150, C04. 
 
 OVERHANGING OBJECTS. 
 
 Injury by falling objects, see Falling Ob- 
 jects. 
 In street, see Highways, §§ 19a, 68, 83. 
 
 OVERHEAD CHARGES. 
 
 Treatment of, in public service property 
 valuations. 48 L.R.A. (N.SO 1037. 
 
 Amortization of, in estimating return of a 
 public service corporation for rate- 
 making purposes. 52 L.R.A. (N.S.) 50. 
 
 OVERAVORK. 
 
 Of servant, as affecting master's liability 
 for injury to him or another servant. 
 45 L.R.A."(N.S.) 372. 
 
 OW^NERSHIF. 
 
 Presumption and burden of proof as to, see 
 Evidence, §§ 104, 105. 
 
 Evidence as to, see Evidence, § 281. 
 
 Allegation as to, in an indictment, see In- 
 dictment, etc. § 7. 
 
 Of insured property, see Insukance, V. h, 1 
 (b). 
 
 0,f paper payable to director or ofiBcers of a 
 corporation. 50 L.R.A. (N.S.) 1115. 
 
 OYSTERS. 
 
 See Fisheries, § 5. 
 
 PACKAGES. 
 
 Original packages, see Okiqinal Packages. 
 
 ♦-•-• 
 
 PACKER. 
 
 Liability of packer to persons not in privity 
 of contract for injuries from defects in 
 article sold. 48 L.R.A. (N.S.) 213; 
 L.R.A.193 6B, 879. 
 
 PACKET. 
 
 Right to compel production of sealed paek< 
 or articles not of a documentary cha 
 acter, upon subpoena duces tecum. 
 B. R. C. 219. 
 
 PAID-UP INSURANCE. 
 
 See Insurance, § 55. 
 
 «-»-♦ 
 
 PAIN. 
 
 As affecting testamentary capacity. L.R.i 
 1915A, 451. 
 
 < « » 
 
 PALACE CAR COMPANY. 
 
 See Pullman Car Company. 
 
 •-.-♦ 
 
 PALMISTRY. 
 
 Prohibition of. 43 L.R.A. (N.S.) 203. 
 
 *-—¥ 
 
 PANEL. 
 
 Of petit jury, see Jury, III. 
 
 ♦-•-• 
 
 PAPERS. 
 
 Discovery and inspection of, see Discover 
 AND Inspection, §§ 3, 4. 
 
 Waiver of condition in fire policy as to keep 
 ing, in safe or safe place. L.R.A.1915I 
 759. 
 
 PARADES. 
 
 Validity of statutory or other regulatioi 
 forbidding display of red flag or othe 
 symbol tending to incite disordei 
 L.R.A.1915B, 706. 
 
 PARALYSIS. 
 
 As element of damages for negligent injurj 
 
 48 L.R.A. (N.S.) 101. 
 As affecting testamentarv capacity. L.E..A 
 
 1915A, 451. 
 
 PARAMOUR. 
 
 Begin with this booR on every law question. 
 
 Insurance on life in favor of. 47 L.R.A 
 (N.S.) 252. 
 
INDEX TO NOTES. 
 
 453 
 
 PARDON. 
 
 See Ckiminal Law, §§ 85-89. 
 
 PARENT AND CHILD. 
 
 § 1. Generally. 
 
 Advancement to child, see Advancement. 
 
 As to in«est between, see Incest. 
 
 Illegitimate children, see Illegitimacy. 
 
 Minor children generally, see Infants. 
 
 Marriage of minor child, see Infants, § 15. 
 
 Liability for death of, or injury to, infants, 
 see Infants, VI. 
 
 Insurable interest in life of, see Instjbanoe, 
 § 32. 
 
 Seduction of child, see Seduction. 
 
 Revocation of will by birth of children, see 
 Wnxs, § 37. 
 
 Allowance for mental anguish because of 
 negligence in transmission of message 
 relating to illness or death of parent 
 or child, see Damages, § 102. 
 
 Personal contributory negligence of child 
 
 riding in vehicle driven or controlled by 
 
 pajent. L.R.A.1915E, 230. 
 Homicide or assault to prevent one from 
 
 taking a child. L.R.A.1915A, 73. 
 Action by parent for mutilation of corpse. 
 
 L.R.A.1915B, 522. 
 ^'alidity and enforceability of contract in 
 
 consideration of naming child. 51 
 
 L.R.A(N.S.) 1108. 
 Right of parent to sue for libel or slander 
 
 of child. 45 L.R.A.(N.S.) 769. 
 Insurable interest in life of foster child or 
 
 foster parent. 46 L.R.A.(N.S.) 779. 
 Malice as essential to an action for aliena- 
 tion of affections by parent. 46 L.R.A. 
 
 (N.S.) 467. 
 Statutes establishing juvenile courts as 
 
 interfering with rights of parent. 
 
 45 L.R.A.(N.S.) 913. 
 
 § 3. Inheritance by. 
 
 Inheritance by, generally, see Descent and 
 
 DlSTEIBUTION. 
 
 Disinheritance of child, see Wills, § 68. 
 
 § 7. Contracts with third persons. 
 
 Contracts procured by threats of prosecu- 
 tion of parent or child. L.R.A.1915D, 
 1118. 
 
 § 9. Support. 
 
 Support and protection of minor children, 
 see Infants, II. b. 
 
 § 10. Tort of child. 
 
 Responsibility for violation of quarantine 
 by children. 45 L.R.A. (N.S.) 580. 
 
 Liability where automobile is being driven 
 by child. 50 L.R.A. (N.S.) 59; L.R.A. 
 191 5F, 223. 
 
 Responsibilitj' of parent having custody or 
 control of person mentally incompetent 
 for latter's torts. 50 L.R.A. (N.S.) 
 1104. 
 Consult also L.R.A. Digests to date. 
 
 PARENT AND OHILI>-oo»*'d. 
 
 § 11. Enticement and ahdnction. 
 
 Liability for abduction of child, see Ab- 
 duction and Kidnapping. 
 
 Liability for inducing minor to quit parent, 
 see Case, § 6. 
 
 What amounts to enticing of minor child 
 from parent's custody. 48 L.R.A. 
 (N.S.) 1001. 
 
 § 12. Matters as to schools. 
 
 Expulsion of pupil for misconduct of par- 
 ent, see Schools, § 11. 
 
 What constitutes residence of child living 
 with parents entitling him to privileges 
 of public schools. 51 L.R.A. (N.S.)'234. 
 
 § 13. Matters as to carriers. 
 
 Ejection of parent for nonpayment of child's 
 fare. L.R.A.1915E, 313. 
 
 §§ 14, 15. Recovery by one for death 
 or injury of other. 
 
 Measure of damages for, see Damages, III. 
 k and 1. 
 
 Parent's right of action for death of child, 
 see Death, § 9. 
 
 Parent's right to recover for injury to mi- 
 nor servant, see Mastee and Sebvant, § 
 51. 
 
 Abandonment of child as affecting right to 
 recover damages for the negligent kill- 
 ing of the father. L.R.A.1916C, 806. 
 
 §16. Adoption. 
 
 Effect of adoption on right to inherit, see 
 Descent and Distribution, § 6. 
 
 Domicil of adopted children. 49 L.R.A. 
 (N.S.) 863. 
 
 Specific performance of contract to leave 
 property to adopted child in considera- 
 tion of his living with promisor. 44 
 L.R.A.(N.S.) 760. 
 
 Enforceability of contract to give child 
 share of estate in consideration of sur- 
 rendering of the child to promisor as 
 affecting compliance with the statute 
 prescribing mode of adoption. 46 
 L.R.A. (N.S.) 1134. 
 
 Adopted child as beneficiary under contract 
 of benefit association. L.R.A.1916B, 
 905. 
 
 Adoptive parent's statutory right of action 
 for death of child. L.R.A.1916E, 126. 
 
 Right of foster brothers and sisters to re- 
 cover for death of adopted child. 
 L.R.A.1916E, 132. 
 
 § 17. Legal status of adopted child. 
 
 Right of adopting parent to disinherit 
 adopted child. L.R.A.1916D, 424. 
 
 PARKS AND SQUARES. 
 
 § 1. Generally. 
 
 Amusement parks, see Amusement Pakks. 
 
454 
 
 INDEX TO NOTES. 
 
 PARKS AND SQUARES— oo(i*'d. 
 § 2. Use of. 
 
 Forbidding or restricting teaming on park- 
 ways. 51 L.R.A.(N.S.) ]203. 
 
 Prohibiting use of automobiles in. L.R.A. 
 1915E, 264. 
 
 §3. — change in. 
 
 AVhat use of, amounts to diversion from tlie 
 use for which they were dedicated. 50 
 L.R.A.(N.S.) 465. 
 
 § 4. Municipal liability for defects 
 in. 
 
 See MuNiciPAi, Cobpoeations, § 97. 
 
 ♦ « » 
 
 PAROL CONTRACTS. 
 
 In general, see Contbacts, II. g. 
 
 Specific performance of, see Specific Peb- 
 
 FOEMANCE, II. b. 
 
 FAROI.E. 
 
 See Ceiminal Law, VI. b. 
 ♦-»> 
 
 PAROIi EVIDENCE. 
 
 See Evidence, VII. 
 
 * « » 
 
 PAROL LEASE. 
 
 See Contbacts, § 42. 
 
 PAROL TRUSTS. 
 
 See Teusts, § 11. 
 
 PARTIAL PAYMENT. 
 
 Partial payment or agreement therefor as 
 consideration for agreement extending 
 time of payment of obligation. 52 
 L.R.A. (N.S.) 366. 
 
 Indorsement of, on note as material altera- 
 . tion. 46 L.R.A.(N.S.) 1043, L.R.A. 
 1916F, 215. 
 
 PARTIES. 
 
 I 
 II 
 
 In general, § 1. 
 Plaintitf, §§ 3-25. 
 a. In general, §§ 2-10. 
 i. On contracts, §§ 11—17. 
 1. In general, §11. 
 3. Third persons, §§ 12—17. 
 c. Effect of assignment, § 18. 
 Begin with this book on every law question. 
 
 PARTIES, II.— cont'd. 
 
 d. On matters of public right, 
 
 §§ 19, 20. 
 
 e. In representative capacity, §§ 
 I 21, 22. 
 
 g. Joinder, § 25. 
 III. Defendant, §§ 36-36. 
 
 a. In general, § 26. 
 
 b. Necessary parties, §§ 27—33. 
 d. Joinder, § 36. 
 
 IV. Bringing in; intervention, §§ 37— 
 39. 
 
 I. In general. 
 
 § 1. Generally. 
 
 On appeal, see Appeal and Ekeoe, §§ 7, 7a. 
 
 To criminal offense, see Ceiminal Law, III. 
 b. 
 
 To deed, see Deeds, III. c. 
 
 Description of, see Descbiption. 
 
 As to political parties, see Elections. 
 
 Interpleader of, see Inteepleadeb. 
 
 Parties concluded by judgment, see Judg- 
 ment, III. e. 
 
 Privilege of, from arrest, see Weit and 
 Peocess, §§ 33, 34. 
 
 Effect of changes in, on running of limita- 
 tions. 47 L.R.A.(N.S.) 932. , 
 
 Treating jurors by, as ground for new trial 
 or reversal. 49 L.R.A.(N.S.) 889. 
 
 Right to open default judgment on ground 
 of fraud or mistake in respect to par- 
 ties. L.R.A.1916F, 851. 
 
 II. Plaintiff, 
 a. In general. 
 
 § 2. Generally. 
 
 Who may take appeal, see Appeal and Eb- 
 EOE, § 7. 
 
 Action by assignee for creditors, see Assign- 
 ment FOE Ceeditoes, § 12. 
 
 Who may sue to remove cloud on title, see 
 Cloud on Title, § 5. 
 
 Action by stockholder, see Cobpoeations, § 
 98. 
 
 Action by foreign corporations, see Cob- 
 poeations, § 149. 
 
 Who may maintain action for death, see 
 Death, §§ 7-10. 
 
 In ejectment, see Ejectment, §§ 4, 5. 
 
 By husband or wife, see Husband and Wife, 
 VI. 
 
 Who may maintain injunction, see Injunc- 
 tion. 
 
 Who may maintain suit to abate nuisance, 
 see Nuisances, § 22. 
 
 Who may maintain action for nuisance, see 
 Nuisances, §§ 24, 25. 
 
 Who may maintain action for partition, see 
 Pabtition, § 5. 
 
 Who may maintain private action, see Pbi- 
 VATE Action. 
 
 Who may sue for seduction, see Seduction, 
 § 3. 
 
 Who may maintain an action for trespass, 
 see Tbespass, § 5. 
 
 Who may maintain trover, -see Tegvee AND 
 Conversion, § 4. 
 
INDEX TO NOTES. 
 r 
 
 455 
 
 TPAETIES, II. a,— cont'd. 
 
 .Alien enemies as litigants. 5 B. E. C. 583. 
 
 -Action under Federal employers' liability 
 
 act. L.R.A.1915C, 76. 
 ^Vho may maintain action for mutilation 
 of corpse. L.E.A,]<J15B, 519. 
 Judicial explanations of the subject. 
 
 L.R.A.1915B, 520. 
 Personal representatives. L.E.A.1915B, 
 
 521. 
 Spouse. L.E.A.1915B, 521. 
 Parents of deceased. L.E.A.1915B, 522. 
 Cases arising out of contracts. 
 L.E.A.1915B, 523. 
 Both parents. L.R.A.1915B, 
 523. 
 Son of deceased. L.R.A.IOLIB. 524. 
 Brother of deceased. L.R.A.1915B, 524. 
 Eight of contracting; party. L.R.A. 
 
 1915B, 524. 
 Miscellaneous. L.E.A. 1915B, 526. 
 M'ho may maintain action for property de- 
 stroyed by mob. 44 L.R.A. (N.S.) 359. 
 "Who may enforce liability of corporate di- 
 rectors under statutes purporting to 
 make them liable for contracting debts 
 in excess of a fixed limit. L.R.A.1915D, 
 1046. 
 Necessity of making corporation a party 
 to a suit by a stockholder in its behalf. 
 51 L.E.A.(N.S.) 123. 
 Right of creditors of a corporation to sue 
 in their own right the directors there- 
 of, for negligence or other breach of 
 duty owed primarily to the corpora- 
 tion. 45 L.E.A.(N.S.) 421. 
 Right of bailee to recover for damage to, or 
 conversion of, property. 3 B. R. C. 388. 
 
 f 4. Matters affecting real property 
 OT higlixray. 
 
 Jlight of tenant for years to recover from 
 a municipality for change of grade in 
 street. 48 L.R.A. (N.S.) 899. 
 
 Who may maintain action in case of dam- 
 ages to remainder or reversion by 
 stranger. L.R.A.1916A, 792. 
 
 Interference with one's use of highway by 
 unlawful obstruction as a special dam- 
 age which will sustain an action by him 
 against the wrongdoer. L.R.A.1915D, 
 142. 
 
 § 7. Matters as to insurance. 
 
 .Proper party to bring action on policy, see 
 IXSURAiN'CE, § 217. 
 
 ^ 8. State. 
 
 ; See State, § 8. 
 
 ft. On contracts. 
 1. In general, 
 
 § 11. Generally. 
 
 Who may sue on bill or note, see Bills and 
 
 Notes, § 62. 
 Who may maintain action on covenant, see 
 
 Covenant, § 19. 
 Who may sue on insurance contract, see 
 
 Insttrance, § 217. 
 Consult also L.R.A. Digests to date. 
 
 PARTIES, II. b, 1— cont'd. 
 
 Who may maintain action for delay or non- 
 delivery of telegram, see Telegraphs, 
 §§ 17, 18. 
 
 Who may bring suit to enforce subscrip- 
 tion, for charity. 48 L.R.A. (N.S.) 802. 
 
 Right of transferrer of reversion of leased 
 premises to maintain action on lease. 
 L.R.A.1915C, 228. 
 
 3. Third persons. 
 
 §12. Generally. 
 
 Assignee, see infra, § 18. 
 
 Employee's right to sue on employer's in- 
 demnity policy, see Insurance, § 217. 
 
 Right to sue telegraph company for default 
 as to message, see Telegraphs, §§ 17, 
 18. 
 
 Who may bring suit to enforce subscription 
 
 for charity. 48 L.R.A. (N.S.) 802. 
 Who can enforce contract made in consid- 
 eration of naming child. 51 L.R. 4. 
 (N.S.) 1108. 
 Right of purchaser of chattel to avail him- 
 self of breach of warranty made to the 
 seller. 51 L.R.A.(N.S.) 1111. 
 Right of transferee of reversion to sue on 
 
 lease. L.R.A.1915C, 210. 
 Right of true owner of land to maintain 
 action on contract between adverse 
 claimant and third person. L.R.A. 
 1916E, 720. 
 Eight of holder of check to maintain, ac- 
 tion thereon against bank. L.R.A. 
 191 60, 165. 
 In general. L.R.A.1916C, 165. 
 
 Prior to adoption of negotiable 
 instruments law. L.R.A. 
 
 1916C, 165. 
 Majority rule. L.R.A.1916C, 166. 
 Minority rule. L.R.A.1916C, 169. 
 Under negotiable instruments Jaw. 
 L.R.A.1916C, 170. 
 Certified or accepted checks. L.R.A. 
 1916C, 171. 
 Certified checks. L.R.A. 1916C, 17'2, 
 Defenses available to bank. 
 L.R.A.1916C, 172. 
 That body of check has 
 been altered. L.R.A. 
 1916C, 172. 
 That plaintitr is not a 
 bona fide holder. 
 L.R.A.1916C, 176. 
 Accepted checks. L.R.A.ini6C, 
 177. 
 Mode of acceptance. L.R.A. 
 1916C, 177. 
 By oral statement, or 
 writina; not on check. 
 L.R.A.i916C, 178. 
 By acts amounting to ac- 
 ceptance. L.R.A. 
 1910C, 180. 
 Defenses available to bank. 
 L.R.A.1916C, 182. 
 Where deposit made for a particular 
 purpose. L.R.A.1916C, 183. 
 
456 
 
 INDEX TO NOTES. 
 
 PARTIES, II. b, 2.— cont'd. 
 
 § 13. Right of citizen to enforce 
 contract made for benefit of pub- 
 lic. 
 
 Actions on contracts. 49 L.R.A. (N.S.) 
 1167. 
 For transportation. 49 L.R.A. (N.S.) 
 
 1167. 
 To keep in repair. 49 L.R.A. (N.S.) 
 
 1168. 
 To prevent damage. 49 L.R.A. (N.S.) 
 
 1171. 
 Other contracts. 49 L.R.A.(N.S.) 1174. 
 Bonds taken by state or city officials. 49 
 L.R.A.(N.S.) 1175. 
 To pay all damages. 49 L.R.A.(N.S.) 
 
 1179. 
 Defective or irregular bonds. 49 L.R.A. 
 
 (N.S.) 1180. 
 What is material. 49 L.R.A. (N.S.) 
 
 1182. 
 Amount. 49 L.R.A. (N.S.) 1182. 
 Variance. 49 L.R.A. (N.S.) 1183. 
 Bonds not provided for by statute. 49 
 
 L.R.A. (N.S.) 1183. 
 Subcontractors. 49 L.R.A.(N.S.) 1185. 
 Bonds under Federal statutes. 49 L.R.A. 
 (N.S.) 1188. 
 Material. 49 L.R.A,(N.S.) 1189. 
 Novation or payment. 49 L.R.A. (N.S.) 
 
 1190. 
 Time. 49 L.R.A. (N.S.) 1191. 
 
 Federal act 1905, Limitation. 49 
 
 L.R.A.(N.S.) 1191. 
 Federal act 1894. 49 L.R.A. (N.S.) 
 1193. 
 • Subcontractor. 49 L.R.A. (N.S.) 1193. 
 Amount of liability. 49 L.R.A. (N.S.) 
 
 1194. 
 Jurisdiction. 49 L.R.A. (N.S.) 1194. 
 Pleading. 49 L.R.A. (N.S.) 1197. 
 Priority. 49 L.R.A. (N.S.) 1197. 
 Consumer's right to compel public service 
 corporation to respect rates stipulated 
 in contract with municipality. L.R.A. 
 1915D, 917. 
 
 § 14. Subcontractor, materialman, or 
 laborer. 
 
 Right to sue on bond taken for benefit of 
 public. 49 L.R.A.(N.S.) 1175. 
 
 Bonds taken by state or city officials. 
 49 L.R.A.(N.S.) 1175. 
 
 Bonds not provided for by statute. 49 
 L.R.A.(N.S.) 1183. 
 
 Subcontractors. 49 L.R.A.(N.S.) 1185. 
 
 Bonds taken under Federal statutes. 
 49 L.R.A.(N.S.) 1188. 
 Bight of subcontractor, materialman, or 
 laborer to mainlain action on con- 
 tractor's bond to owner. L.R.A. 
 1915A, 768. 
 
 Statutory authority for contractors' 
 - beneficiary bonds. L.R.A.1915A, 
 769. 
 
 Effect of failure to comply with stat- 
 ute. L.R.A.1915A, 769. 
 
 Conditions in contractors' bond aflford- 
 ing beneficiaries rights of action. 
 L.R.A.1915A, 769. 
 
 PARTIES, II. b, 2— cont'd. 
 
 Conditions imposing upon sureties na 
 liability to' beneficiaries. L.R.A. 
 1915A, 770. 
 
 Subcontractors and their underlings. 
 1915A, 771. 
 
 Effect of obligees' conduct on benefici- 
 aries' rights. L.R.A.1915A, 771. 
 
 c. Effect of assignment. 
 
 § 18. Generally. 
 
 Right of assignee to sue on covenant in. 
 lease the purpose of which is to assure 
 lessee an exclusive right to conduct a 
 certain business on premises owned by 
 lessor. L.R.A.1915C, 860. 
 
 d. On tnatters of public right. 
 
 § 19. Generally. 
 
 Right of citizen to enforce contract made- 
 for benefit of pul^lic, see supra, § 13. 
 
 Who may enjoin operation of jitney buses. 
 L.R.A.1916B, 1160. 
 
 Right of public service corporation to chal- 
 lenge powers or privileges of rival. 
 L.R.A.1916B, 1087. 
 
 § 20. Taxpayer. 
 
 Right of taxpayer to enjoin removal of 
 teacher. 51 L.R.A. (N.S.) 336. 
 
 Right of taxpayer to enjoin waste or un- 
 lawful expenditure of state funds. 
 L.R.A.1915D, 178. 
 
 e. In representative capacity. 
 
 § 21. Generally. 
 
 Action by stockholders, see Cokpoeaiions, § 
 
 98. 
 Suit by personal representative, see ExECU- 
 
 TOES AND AdMINISTBATOHS, § 57. 
 
 Right of trustee to redress fraud practisedi 
 on the beneficiary of the trust. L.R.A 
 1915E, 451. 
 
 g. Joinder. 
 
 § 25. Generally. 
 
 Joinder of husband and wife in action for 
 boarding or lodging of, or services ren- 
 dered by wife to, a third person living, 
 in the home. 46 L.R.A.(N.S.) 238. 
 
 Joinder of stockholder and creditor as com- 
 plainants in suit in equity to enforce- 
 stockholder's liability on unpaid sub- 
 scriptions. 46 L.R.A.(N.S.) 453. 
 
 Joinder of stockholder in suit against of- 
 ficer or contractor based upon trans- 
 action inter se. 46 L.R.A.(N.S.) 137. 
 
 Joindt-r of parties plaintiff in action to 
 recover damages for mental angiiish in 
 telegraph case. 49 L.R.A. (N.S.) 275. 
 
 Joinder of beneficiaries or of personal rep- 
 resentative and beneficiary in statutory 
 action for death. L.R.A.1916E, 166,. 
 170. 
 
 Begin with, this boolc on every law question. 
 
INDEX TO NOTES. 
 
 457 
 
 PARTIES— confit 
 
 III. Defendant, 
 a. In general, 
 
 § 26. Generally. 
 
 _A.lien enemies as parties defendant. 5 B. R. 
 
 0. 591. 
 In action to enforce subscription for 
 charity. 48 L.R.A.{N.S.) 808. 
 
 b. Necessary parties. 
 
 § 27. GeneraUy. 
 
 In action by owner of stock for unauthor- 
 ized transfer on bool<s of corporation. 
 45 L.R.A.(N.S.) 1082. 
 
 In action under Federal employers' liability 
 act. 47 L.E.A.(N.S.) 74; L.R.A. 1915C, 
 77. 
 
 Judgment creditor as necessary party to 
 suit to enjoin execution sale. L.R.A. 
 1915F, 1120. 
 
 § 28. Corporations. 
 
 Necessity of making corporation a party 
 to suit by stockholders in its behalf. 
 51 L.R.A.(N.S.) 123. 
 
 d. Joinder. 
 
 § 36. Generally. 
 
 Joint liability generally, see Joint Ceedi- 
 lOES AND Debtors. 
 
 /Joinder of parties with alternative allega- 
 tions as to liability. 51 L.R.A. (N.S.) 
 640. 
 
 Joinder of stockholders as defendants in 
 suit in equity to enforce liability on 
 unpaid subscriptions to stock. 46 
 L.R.A.(N.S.) 453. 
 
 Joinder of corporation and subsequent pur- 
 chaser in action by owner of stock for 
 unauthorized transfer thereof on books 
 of corporation. 45 L.R.A. (N.S.) 1082. 
 
 Joining, successive owners of ^iroperty in 
 action for nuisance maintained there- 
 on. 46 L.R.A.(N.S.) 1187. 
 
 IV. Bringing in; intervention. 
 
 ■§ 38. Intervention. 
 
 Right of bankrupt or creditors of bankrupt 
 to intervene in an action to which the 
 trustee is a party. L.R.A.1916C, 639. 
 
 PARTITION. 
 
 § 1. Generally. 
 
 Validity of statutory provision for attor- 
 ney's fee in partition cases. L.R.A. 
 1915:E, 949. 
 
 § 4. Bight to. 
 
 ♦ 
 
 § 5. — who may have. 
 
 (Sufficiency of possessory title to support [ 
 action for. 46 L.R.A. (N.S.) 505. 
 Consult also L.B.A. Digests to date. 
 
 PARTITION— cont'd. 
 
 § 6. Of what property. 
 
 Right to partition mineral or oil or gas 
 
 lands. L.R.A.1916D, 1154. 
 Partition by the act of the parties. 
 
 L.R.A.1916D, 1154. 
 Partition by judicial proceedings. 
 L.R.A.loieD, 1155. 
 
 In kind. L.R.A.]916D, 1157. 
 
 By sale. L.R.A.1916D, 1158. 
 Estate of interest partible. L.R.A. 
 
 1916D, 1161. 
 
 § 8. EJEect of. 
 
 Effect of partition to create easement as be- 
 tween separate parcels. L.R.A.1915C, 
 348. 
 
 Effect of partition on descent of ancestral 
 estates. L.R.A.1916C, 912. 
 
 PARTNERSHIP. 
 
 I. In general, §§ 1,3. 
 II. Creation; nattire; requisites; 
 tvhat constitutes, §§ 3—7. 
 a. In general, §§ 3—5. 
 III. Rights and powers of partners as 
 
 to third persons, §§ 8, 9. 
 IT. Liability of partners to third per- 
 sons; rights of creditors, 
 §§ 10-17. 
 
 a. In general, §§ 10—14:. 
 
 b. Insolvency or banlcruptcy, 
 
 §§ 15-17. 
 V. Partnership real estate, §§ 18— 
 
 VI. Bights and liabilities as between 
 partners, §§ 35—28. 
 VII. Dissolution or change in person- 
 nel; accounting, §§ 29—51. 
 a. In general, §§ 29—39. 
 ■b. By death, §§ 40-49. 
 
 2. Surviving partner, §§ 
 41-45. 
 
 c. Accounting, §§ 50, 51. 
 VIII. Actions; judgments, §§ 52—57. 
 
 a. In general, §§ 52—56. 
 
 b. Suits between partners, § 57. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Effect of fraud in partnership matters, see 
 
 Fkaud and Deceit, § 25. 
 Name of, see Name, § 10. 
 Sickness of partner, see Sickness, § 7. 
 
 Parol evidence to vary a partnership con- 
 tract in favor of or against a stranjjer 
 to the contract. L.R.A.1916A, 599, 610. 
 
 Situs of partnership property and inter- 
 ests therein for purposes of taxation. 
 3 B. R. C. 703. 
 
 Power of married woman to become member 
 of partnership. L.R.A.1916D, 1233. 
 
 Partnership between initial carrier and con- 
 necting carrier which will make con- 
 tract of the former binding on the lat- 
 ter. 52 L.R.A. (N.S.) 861. 
 
458 
 
 INDEX TO NOTES. 
 
 PARTNERSHIP, 1.— cont'd. 
 
 Right of one ordered to produce books or 
 papers to refuse on ground that they 
 are in the hands of a partnership of 
 which he is a member only. L.R.A. 
 1915B, 981. 
 
 Notice to one member of firm entitled to 
 notice to redeem from tax sale. 44 
 L.R.A. (N.S.) 680. 
 
 II. Creation; nature; requisites; what 
 
 constitutes. 
 
 a. In general. 
 
 § 4. To deal in real estate. 
 
 Contracts by parol for dealing in land, see 
 CONTBACTS, § 41. 
 
 III. Rights and powers of partners as 
 
 to third persons. 
 
 § 8. Generally. 
 
 After dissolution, see infra, § 42. 
 
 § 9. As to commercial paper. 
 
 Liability on commercial paper, see infra, 
 § 12. 
 
 Circumstances sufficient to put one taking 
 partnership paper on inquiry. 44 
 L.R.A.(N.S.) 404. 
 
 IV. Liability of partners to third per- 
 
 sons; rights of creditors. 
 
 a. In general. 
 
 § 10. Generally. 
 
 After dissolution, see infra, § 36. 
 
 Actions against firm or partners, see infra, 
 VIII. 
 
 Liability as partners of stockholders in ille- 
 gal corporation, see Coepohations, § 
 107. 
 
 Criminal responsibility for acts of partners, 
 see Ceiminai. Law, § 29; Intoxicating 
 
 LiQUOBS, § 23. 
 
 g 12. Iiiability on commercial paper. 
 
 Authority of partner to execute commercial 
 paper, see supra, § 9. 
 
 Individual partner who indorses note made 
 by firm as "a person not otherwise a 
 party" to the instrument within uni- 
 form negotiable instrument law. 52 
 L.R.A.(N.S.) 225. 
 
 Note or other commercial paper of individ- 
 ual partner as payment of firm debt 
 which he had not previously assumed. 
 51 L.R.A.(N.S.) 358. 
 
 § 14. Liability of partnership for 
 torts. 
 
 Liability of partner for malicious prosecu- 
 tion, false arrest, or false imprison- 
 ment by copartner in collecting a debt. 
 51 L.R.A.(N.S.) 473. 
 
 Liability of partnership for tort committed 
 by partner or agent with the object of 
 procuring business. 5 B. R. C. 88. 
 
 Begin with this book on every law question. 
 
 PARTNERSHIP, XV.— cont'd. 
 
 b. Insolvency or banlcruptcy, 
 
 §15. Generally. 
 
 Discharge of partnership in bankruptcy aS' 
 afl"ecting liability of individual partners 
 for partnership debts. L.R.A.IQISF, 
 669. 
 
 V. Partnership real estate. 
 
 §18. Generally. 
 
 Partnership to deal in real estate, see su- 
 pra, § 4. 
 
 May jurisdiction of suit to determine in- 
 terests of partners in real oroperty 
 within state, rest upon constructive 
 service upon nonresident. 52 L.R.A. 
 (N.S.) 1061. 
 
 Notice to one member of firm entitled to. 
 notice to redeem from tax sale. 44 
 L.R.A. (N.S.) 680. 
 
 VI. Bights and liabilities as between 
 
 partners. 
 
 § 25. Generally. 
 
 Accounting, between partners, see infra, § 
 
 50. 
 Actions between partners, see infra, § 57. 
 
 Measure of damages for breach of contract 
 of partnership. 51 L.R.A. (N.S.) 81. 
 
 VII. Dissolution or change in person- 
 
 nel; accounting. 
 
 a. In general. 
 
 § 29. Generally. 
 
 Physical or mental incapacity of partner as 
 dissolution, or a. ground for dis- 
 solution, of a partnership. 47 
 L.R.A.(N.S.) 839. 
 As a dissolution of the partnership. 47 
 L.R.A. (N.S.) 840. 
 Adjudication of insanity. 47 
 L.R.A.(N.S.) 840. 
 As a ground for dissolution of the- 
 partnership. 47 L.R.A. (N.S.) 
 841. 
 Insanity. 47 L.R.A. (N.S.) 841. 
 Temporary insanity. 47 
 
 L.R.A.(N.S.) 841. 
 Effect of adjudication of in- 
 sanity. 47 L.R.A.(N.S.) 
 843. 
 Illness. 47 L.R.A.(N.S.) 843. 
 
 § 36. Iiiabilities of partners general- 
 ly. 
 
 Liability of one who sells business, for sup- 
 plies subsequently furnished therefor 
 on credit, while it is being conducted 
 under the same name. L.R.A.1915F, 
 711. 
 
 • > 
 § 37. Assumption of debts. 
 Assumption of debts on dissolution of 
 partnership. 48 L.R.A. (N.S.) 547. 
 
INDEX TO NOTES. 
 
 459 
 
 PARTNERSHIP, VII. a.— cont'd. 
 
 Agreement to assume. 48 L.R.A. 
 (N.S.) 547. 
 Consideration for. 48 L.R.A. 
 
 (N.S.) 547. 
 Statute of frauds as affecting. 48 
 
 L.R.A.(N.S.) 548. 
 Insolvency and fraud as affecting. 
 48 L.R.A. (N.S.) 548. 
 Necessity of assumption to liability. 
 
 48 L.R.A.(N.S.) 549. 
 Ilow agreement to assume made and 
 established. 48 L.R.A. (N.S.) 
 549. 
 Continuance of old course of busi- 
 ness. 48 L.R.A.(N.S.) 549. 
 Admission br recognition of lia- 
 bility. 48 L.R.A. (If.S.) 550. 
 Taking assets subject to, or for 
 purpose of, payment of debts. 
 48 L.R.A.(N.S.) 550. 
 Debts covered by assumption. 48 
 L.R.A.(N.S.) 550. 
 Effect of ignorance of debt. 48 
 L.R.A.(N.S.) 551. 
 Effect of assumption on liability of 
 retiring or indemnified part- 
 ner. 48 L.R.A. (N.S.) 551. 
 Rule that creditor's rights cannot 
 be altered without his con- 
 sent. 48 L.R.A.(N.S.) 552. 
 Acquiescence and delay as indi- 
 cating consent of creditor. 48 
 L.R.A.(N.S.) 552. 
 Efforts to realize from assuming 
 partner as indicating con- 
 sent of creditor. 48 L.R.A. 
 (N.S.) 552. 
 Application of principal and 
 surety rule as to credit- 
 ors. 48 L.R.A.(N.S.) 
 552. 
 The question of sufficiency of 
 notice or knowledge. 48 
 L.R.A.(N.S.) 553. 
 Particular dealings or acts as 
 ground of release. 
 48 L.R.A.(N.S.) 553. 
 Indulgence or extension 
 of time as ground of 
 release. 48 L.R.A. 
 (N.S.) 554. 
 Right of cr<!ditor to take advantage of 
 assumption. 48 L.R.A. (N.S.) 554. 
 Remedies of retiring partner. 48 
 
 L.R.A.(N.S.) 555. 
 Hemedies of the creditor. 48 L.R.A. 
 (N.S.) 556. 
 
 S 38. Bffect of dissolution generally. 
 
 Dissolution of partnership authorized to act 
 as agent as terminating agency. L.R.A. 
 1915C, 576. 
 
 6. By death. 
 2. Surviving partner. 
 
 § 42. Bights and powers of surviv- 
 ing partner. 
 
 Power of surviving partner to mortgage 
 partnership property for firm debt. 3 
 B. R. C. 577. 
 Consult also L.B.A. Digests to date. 
 
 PARTNERSHIP, VII.— cont'd. 
 c. Accounting. 
 
 g 50. Generally. 
 
 Duty to account for profits realized from 
 
 transactions independently of firm. 
 
 52 L.R.A.(N.S.) 389. 
 Competition with firm's business. 52 
 
 L.R.A.(N.S.) 389. 
 Use of firm's time. 52 L.R.A. (N.S.) 
 
 391. 
 Limitation of duty to account. 52 
 
 L.R.A.(N.S.) 391. 
 
 Till. Actions; judgments, 
 a. In general. 
 
 § 56. Judgment. 
 
 Form of judgment under statute permit- 
 ting action to jjroceed upon service of 
 less than all the partners. 43 L.R.A. 
 (N.S.) 540. 
 
 h. Suits between partners. 
 
 § 57. Generally. 
 
 Accounting between partners, see supra, § 
 50. 
 
 Effect of arbitration agreements between 
 partners. 47 L.R.A. (N.S.) 373. 
 
 PART PAYMENT. 
 
 See Partial Payment. 
 
 ■> « » — ■ 
 
 PART PERFORMANCE. 
 
 To take contract out of statute of frauds, 
 see CoNTBACTS, II. g, 7. 
 
 Effect of part performance of contract gen- 
 erally, see CONTKACTS, §§ 128, 137. 
 
 Servant's right to wages in case of, see 
 Master and Servant, § 25. 
 
 Effect of, on right to specific performance, 
 see Specific Performance, § 13. 
 
 PARTY TVALL. 
 
 § 1. Generally. 
 
 Liability of part owner to other owner for 
 damages from fall of, or injury to, 
 party wall. L.R.A.193 5E, 02(3. 
 
 Negligence. L.R.A.1915E, 926. 
 
 The question of absolute liability. 
 L.R.A.] 915E, 926. 
 
 Liability where wall is used and paid 
 for only by defendant. Ij.R.A. 
 191.5E, 928. 
 
 Independent contractors. L.R.A.1915E, 
 929. 
 
 Miscellaneous. L.R,A.1915E, 930. 
 
460 
 
 INDEX TO NOTES. 
 
 iPARTY WALJ^confd. 
 
 § 2. Use of; easement in, 
 
 ilffect of destruction of building to termi- 
 nate adjoining owner's easement of 
 support. 46 L.R.A.(N.S.) 1021. 
 
 Eight to close windows or other apertures 
 in party wall. 49 L.R.A. (N.S.) 194. 
 
 Closing or opening windows or other aper- 
 tures in party wall as an eviction of 
 tenant. 49 L.E.A.(N.S.) 369. 
 
 § 3. Destrnction of, or addition to. 
 
 Liability of part owner to other owner for 
 damages from fall of. L.R.A.1916E, 
 926. 
 
 PATENT AMBIGUITIES. 
 
 As 
 
 ♦ «» 
 
 PASS. 
 
 In general, s&e Caeeiees, § 23. 
 ♦-•-• 
 
 PASSAGE^VAY. 
 
 to land in will, 
 1915E, 1008. 
 
 correction of. L.RA, 
 
 PATENTS. 
 
 Duty to keep clear passageways in theater. 
 L.R.A.1915F, 698. 
 
 PASS BOOKS. 
 
 Negligence in examination of, see Banks, § 
 24. 
 
 Eight to withdraw deposit from savings 
 bank without presenting. 46 L.E.A. 
 (N.S.) 194. 
 
 PASSENGER. 
 
 See Atttomobiles ; Caeeiees, III.; Em- 
 VATOBS, II. 
 
 ♦ »» 
 
 PASSENGER ELEVATORS. 
 
 See Elevatoes, §§ 2-8. 
 
 PASSION. 
 
 Homicide in heat of, see Homicide, § 32. 
 ♦-.-♦ 
 
 PASS ■WAY. 
 
 See Passageway. 
 
 PASTOR. 
 
 See Ebligious Societies, IV. 
 
 Begin with this Jioolc on every law question 
 
 I. In general, §§ 1—5. 
 III. Sale; license; assignment, §§ 11— 
 
 li. 
 IT. Infringement, §§ 15—17. 
 
 I. In general, 
 
 § 1. Generally. 
 
 Validity of contract as to, see Conteacts, § 
 85. , 
 
 Eights in, as between master and servant, 
 see Mastee and Seevant, § 13. 
 
 Monopolies in patented articles, see Monopo- 
 ly AND Combinations, § 12. 
 
 Amortization of patent rights . in estimat- 
 ing return of a public service corpora- 
 tion for rate-making purposes. 52 
 L.E.A.{N.S.) 50. 
 
 Treatment of cost of patent rights in esti- 
 mating the return of a public service 
 corporation, for rate-making purposes. 
 52 L.E.A.(N.S.) 70. 
 
 Validity of contract for material patented 
 or held in monopoly where a letting to 
 the lowest bidder is required. 46 
 L.E.A.(N.S.) 990. 
 
 Suits against ofScers relating to patents, 
 as suits against the state. 44 L.K.A. 
 (N.S.) 217. 
 
 III. Sale; license; assignment. 
 
 § 11. Generally. 
 
 License to use patent or patented article, 
 see License, § 3. 
 
 Implication from use of patented article, 
 of promise to pay royalty. 44 
 L.E.A. (N.S.) 333. 
 Use by private parties. 44 L.E.A. 
 
 (N.S.) 334. 
 Use by government. 44 L.E.A. (N.S.) 
 334. 
 Inventions by employees of gov- 
 ernment. 44 L.E.A.(N.S.) 
 337. 
 Validity of contract for material patented 
 or held in monopoly where a letting 
 to the lowest bidder is required. 46 
 L.E.A.(N.S.) 990. 
 Eight of purchaser to make alterations in 
 patented article. 3 B. E. C. 337. 
 
 § 12. Restrictions imposed on pur- 
 chaser. 
 
 Validity of contract provision seeking to 
 control price at which a patented arti- 
 cle shall be resold. 51 L.E.A. (N.S) 
 522. 
 
PATENTS— cont'd. 
 
 INDEX TO NOTES. 
 
 PAYMENT— cont'd. 
 
 461 
 
 IV. Infringement. 
 
 § 15. Generally. 
 
 Decree against infringement as affecting 
 right of patentee to proceed against 
 purchasers of the infringing articles. 
 L.R.A.1915F, 1101. 
 
 § 16. Who liable for. 
 
 Liability of school district or corporation 
 for infringement. 49 L.R.A. (N.S.) 
 1031. 
 
 PATIENT. 
 
 In general, see Physicians and Subgeons. 
 
 Liability for detaining patient at hospital 
 against his will. L.R.A.1915D, 611. 
 
 PATRON. 
 
 Of places of amusement, see Amusements. 
 Of inn or restaurant, see Innkeepers. 
 Of livery stable, see Ltveet Stable. 
 
 Liability for injury to clothing worn by. 43 
 L.R.A.(N.S.) 32S. 
 
 «« » 
 
 PAUPER. 
 
 See PooB AND PooB Laws. 
 ♦»» 
 
 PAUPER'S OATH. 
 
 Right to release pending appeal from con- 
 viction upon taking pauper's oath. 
 L.R.A.1916F, 106. 
 
 PAVEMENTS. 
 
 See Public Impeovements. 
 
 PA'WNBROKERS. 
 
 Constitutionality of statute limiting hours 
 of pawnbrokers' business. 44 L.R.A. 
 (N.S.) 1039. 
 
 PAYMENT. 
 
 /. In general, §§ 1—5. 
 II. Medium of, §§ 6-11. 
 III. By and to whom, §§ 12—10. 
 IT. Time and place, §§ 17, 18. 
 
 F. Application of, §§ 19—32. 
 VI. Effect of, § 23. 
 Consult also L.R.A. Digests to date. 
 
 I. In general, 
 
 § 1. Generally. 
 
 Of checks by bank, see Banks, §§ 23-25a. 
 Of bill or note, see Bills and Notes, §g 
 
 57a-60. 
 Of checks generally, see Checks, § 8. 
 Of wages, constitutionality of legislation 
 
 as to, see Constitutional Law, § 65. 
 Of stock subscriptions, see Corporations, 
 
 §§ 81, 81a. 
 Of insurance premiums or assessments, see 
 
 Insurance, V. 1. 2. 
 Of judgment, see Judgment, §§ 74-77. 
 Of wages, generally, see Master and Serv- 
 ant, II. g. 
 Of mortgage, see Mortgage, VI. 
 Of purchase money, see Ptjbchase Monet, 
 
 § 2. 
 Of usury, see Usury. 
 For water, enforcement of, see Waters, 
 
 § 116. 
 Recovery back of, generally, see Assumpsit, 
 
 Recovery back of money paid out by bank, 
 
 see Banks, §§ 28, 29. 
 Recovery back of taxes paid, see Taxes, 
 
 IV. k. 
 Stopping payment of check, see Banks, § 
 
 25a. 
 Paying out deposits, generally, see Banks, § 
 
 27. 
 Presumption and burden of proof as to, see 
 
 Evidence, § 106. 
 Guaranty of, see Guaranty. 
 Intent as to, see Intent, § 10. 
 Partial payment, see Partial Payment. 
 Preference in, see Preference. 
 Priority in, see Priority. 
 Tender of, see Tender. 
 
 Right to open default judgment to let in 
 defense of payment. L.R.A.1916P, 854. 
 
 Assumption of debts on dissolution of part- 
 nership by taking assets subject to, or 
 for purpose of, payment of debts. 48 
 L.R.A.(N.S.) 550. 
 
 § 2. What constitutes generally. 
 
 Effect of intermarriage between debtor and 
 creditor upon the indebtedness. L.R.A. 
 1915D, 1126. 
 
 § 3. Compelling payment; penalty 
 for delay. 
 
 Right of public service corporation to im- 
 pose penalty or added amount for fail- 
 ure to pay service bills promptly. 43 
 L.R.A.(N.S.) 63. 
 
 //. Medium of, 
 
 § 6. Generally. 
 
 What may be accepted in payment by bank 
 making collection, see JBanks, § 33a. 
 
 § 11. Commercial paper. 
 
 Acceptance of depositor's check by bank for 
 obligation due it as affecting bank's 
 right to set off obligation against de- 
 positor. L.R.A.1916A, 685. 
 
462 
 
 INDEX TO NOTES. 
 
 PAYMENT, 11.— cont'd. 
 
 Promissory note as payment of insurance 
 premium. 5 B. R. C. 365. 
 
 Check or draft as payment of insurance 
 premium. L.R.A.1916A, 674. 
 
 Giving note as loss or damages within con- 
 dition of contract of indemnity. 48 
 L.K.A.(N.S.) ]95. 
 
 Note or other commercial paper of individ- 
 ual partner as payment of firm debt 
 which he had not previously assumed. 
 51 L.R.A.(N.S.) 358. 
 
 III. By and to whom, 
 % 15. To whom. 
 
 § 16. —to agent. 
 
 Right of defendant in action by undisclosed 
 
 principal on contract made by agent to 
 
 avail himself of defense of payment to 
 
 agent. L.R.A.1916A, 1215. 
 Right to recover from agent money paid him 
 
 for his principal. L.R.A.1916D, 1041. 
 Eflfect of fact that agent does not have pos- 
 session of security upon question 
 of his authority to receive pay- 
 ment. L.R.A.1916B, 860. 
 
 Express authority or general agency. 
 L.R.A.1916B, 861. 
 
 Evidence of agency or authority. L.R.A. 
 1916B, 861. 
 
 Collecting interest. L.R.A.1916B, 861. 
 
 Negotiating loan. L.R.A.1916B, 861. 
 
 Miscellaneous. L.R.A.1916B, 861. 
 
 Payment to one found at place of pay- 
 ment designated who is not in pos- 
 session of securities. L.R.A.1916B, 
 862. 
 
 IV. Time and place, 
 
 § 17. Time of. 
 
 Statutory regulations as to time of pay- 
 ment of wages, see Master and Seev- 
 ANT, § 31. 
 
 Effect of day for payment falling on Sun- 
 day. 3 B. R. C. (>78. 
 
 § 18. Place of. 
 
 Place where debt payable as affecting juris- 
 diction to garnish it. L.R.A.1915F', 880. 
 
 Authority of agent to give paper for loan as 
 to place of payment. L.R.A.1916C, 136. 
 
 V. Application of, 
 
 § 19. Generally. 
 
 Basis of settlement between building and 
 loan association and borrowing mem- 
 ber before maturity of stock. 43 L.R.A. 
 \n.S.) 874. 
 
 Right to apply indebtedness owed by cred- 
 itor to debtor for purpose of tolling 
 statute of limitations. L.R.A.1915E, 
 794. 
 
 Application of payments made by contractor 
 to subcontractor or materialman as be- 
 tween jobs of different owners. L.R.A. 
 1916D, 1254. 
 
 PAYMENT— cojitU 
 
 n. Effect of. 
 
 § 23. Generally. 
 
 By one joint creditor as release of other, see 
 Joint Ceeditoks and Dbbtobs, II. 
 
 Effect of, to stop running of limitations, 
 see Limitation of Actions, §§ 65-67. 
 
 Release of surety by payment by principal, 
 see Peincipal and Stjeety, § 11. 
 
 Payment of debt due from estate as affect- 
 ing creditor's right to letters of ad- 
 ministration. 45 L.R.A.(N.S.) 237. 
 
 Effect of payment to executor or admin- 
 istrator under letters testamentary or 
 of administration subsequently revoked 
 or set aside. 43 L.R.A. (N.S.) 634. 
 
 < » » 
 
 PAYMENT INTO COURT. 
 
 See Tendee. 
 
 ^ « » 
 
 PEACE. 
 
 Breach of, see Breach of the Peace. 
 
 — < ■ » 
 
 PEACE OFFICER. 
 
 Bonds of, see Bonds, JI. d. 
 
 Liability of peace officer or his bond for 
 shooting a person while attempting to 
 arrest him. 51 L.R.A. (N.S.) 1179. 
 
 Liability of, for making arrest. L.R.A. 
 1915B, 505. 
 
 PECUNIARY INTEREST. 
 
 Insurable interest of brother or sister in 
 other's life. 45 L.R.A. (N.S.) 982. 
 
 PEDDIiERS. 
 
 Who is a peddler or hawker within statu- 
 tory or municipal regulations. 
 L.R.A.1916B, 1293. 
 
 Generally. L.R.A.1916B, 1293. 
 
 Sales of oil from wagon. L.R.A.1916B, 
 1296. 
 
 Corporations. L.R.A.1916B, 1296. 
 
 Merchants. L.R.A.1916B, 1296. 
 
 Butchers. L.R.A.1916B, 1296. 
 
 Farmers. L.R.A.1916B, 1297. 
 
 Milkmen. L.R.A.191<)B, 1297. 
 
 Commercial travelers. L.R.A.1916B, 
 1298. 
 
 Book canvassers. L.R.A.1916B, 1299. 
 
 One working on salary. L.R.A.1916B, 
 1299. 
 
 Assistant to peddler. L.R.A.1916B, 
 1299. ' 
 
 Segin with this hooTc on every law question. 
 
INDEX TO NOTES. 
 
 463 
 
 MEDDLERS— cont'd. 
 
 Sales by order or sample. L.R.A.1916B, 
 
 1299. 
 Sale of sample as peddling. L.R.A. 
 
 1916B, 1302. 
 Delivery of goods ordered as peddling. 
 
 L.R.A.1916B, 1302. 
 Single sale as peddling. L.R.A.1916B, 
 
 1302. 
 Sales on instalment plan. L.R.A. 
 
 1916B, 1303. 
 Person traveling by boat as peddler. 
 
 L.R.A.1916B, 1303. 
 Hawkers and peddlers under 50 Geo. 
 
 III. chap. 41. L.R.A.1916B, 1303. 
 Peddlers under statutes defining ped- 
 dlers. L.R.A.1916B, 1304. 
 
 PEDIGREE. 
 
 Admissibility of hearsay evidence as to, see 
 Evidence, § 219. 
 
 FENAI. rAW^S AND STATUTES. 
 
 Private action for violation of. L.R.A. 
 1915E, 561. 
 
 PENALTY. 
 
 I. In general, §§ 1, 3. 
 II. For particular acts or offenses, 
 §§ 3-7. 
 
 I. In general. 
 
 § 1. Generally. 
 
 For crime, see Cbiminal Law, VL 
 Construction of penal statutes, see Stat- 
 utes, III. c. 
 
 Penalty as debt within meaning of consti- 
 tutional provision as to imprisonment 
 for debt. L.R.A.1915B, 647. 
 
 Validity of statutory provision for attor- 
 ney's fee to successful defendant in 
 civil action for a penalty. L.R.A.1915E, 
 949. 
 
 Exemptions as against penalties. L.R.A. 
 1915A, 1214. 
 
 Excessive penalty as denial of due process 
 of law. 46 L.R.A. (N.S.) 1039. 
 
 Exaction of penalty for acts done under 
 supposed sanction of law as violation of 
 due process of law. L.R.A.1916A, 1211. 
 
 Right of agent to be reimbursed for penal- 
 ties paid for violation of law in 
 principal's interest. 45 L.R.A. (N.S.) 
 788. 
 
 As element of compensation to be paid pub- 
 lic utility corapimy upon taking its 
 plant. 47 L.R.A. (N.S.) 71)1, 795. 
 
 Discretion of court as to penalty to be im- i 
 posed upon a corporation for violation j 
 of law. L.R.A.1915A, 892. 
 Consult also L.B.A.. IHgests to date. 
 
 PENALTY, l.—confd. 
 
 § 8. ProTision for, in contract. 
 
 Penalty for liquidated damages, see Dam- 
 ages, § 38. 
 For delay in payment, see Payment, § 3. 
 
 Validity and effect of provision in contract 
 for increased rate of interest upon de- 
 fault. L.R.A.1916E, 726. 
 
 II. For particular acts or offenses. 
 
 § 3. Generally. 
 
 Penalties imposed by public service cor- 
 poration to enforce prompt payment, 
 see Public Sebvicb Coepoeations, § 3. 
 
 Who is entitled to penalties for delay in 
 paying improvement assessments. 47 
 L.R.A.(N.S.) 702. 
 
 § 5a. Against railroad companies. 
 
 Penal responsibility for blocking street or 
 highway crossing. L.R.A.1915B, 329. 
 
 PENDENCY. 
 
 Of action to abate suit, see Abatement and 
 
 Revival, § 5. 
 Of action generally, see Lis Pendens. 
 
 PENDENTE LITE. 
 
 See Lis Pendens. 
 
 PENITENTIARY. 
 
 See Jails and Prisons. 
 
 PENSION. 
 
 For police, see Police, § 2. 
 
 For school-teachers, see Schools, § 19. 
 
 Consideration of, in estimating amount of 
 permanent alimony. 44 L.R.A. (N.S.) 
 1004. 
 
 Validity of pension or bounty to Confed- 
 erate soldiers. 45 L.R.A. (N.S.) 692. 
 
 Vested right in. 50 L.R.A. (N.S.) 1018. 
 
 PEOPLE. 
 
 Delegation of legislative power to, see Con- 
 stitutional Law, § 12. 
 
 PERCOLATING WATER. 
 
 See Waters, II. L 
 
464 
 
 INDEX TO NOTES. 
 
 PEREMPTORY INSTRUCTIONS. 
 
 See Tbial, § 56. 
 
 PERENNIAL CROPS. 
 
 Jleasure of damages for injury to, or de- 
 struction of. 49 L.R.A.{N.S.) 415. 
 
 PERFORMANCE. 
 
 Of contract generally, see Conteaots, V. 
 Part performance of oral contract, see CoN- 
 
 TBACTS, II. g, 7. 
 Specific performance, see Specific Pekfoem- 
 
 ANCE. 
 
 Of agreement for conveyance of land, see 
 Vendoe and Ptjbchasee, § 9. 
 
 PERITONITIS. 
 
 Effect of, on recovery for negligent injury 
 to person. 48 L.R.A.(N.S.) 9T. 
 
 PERJURY. 
 
 g 1. Generally. 
 
 Publication accusing witness of perjury as 
 contempt of court. L.R.A.1915D, 573.' 
 
 Suborning witness as contempt of court. 
 L.R.A.1915r), 573. 
 
 Establishment of falsity of testimony by 
 circumstantial evidence. 44 L.R.A. 
 (N.S.) 513. 
 
 Applicability of rule that conviction of 
 perjury cannot rest upon uncorrobo- 
 rated evidence of a single witness, to 
 prosecution for subornation of perjury. 
 44 L.R.A.(N.S.) 307. 
 
 Commitment or holding of witness for, dur- 
 ing trial as ground for reversal. 43 
 L.R.A.(N.S.) 845. 
 
 § 2. What amounts to. 
 
 Unqualified statements without knowledge 
 of the facts. L.R.A.1916B, 850. 
 
 § 8. EfPect of. 
 
 As ground of relief from judgment, see 
 Judgment, § 96. 
 
 As ground for new trial. 51 L.R.A. (N.S.) 
 
 286. 
 Truth of charge of, as defense to action for 
 
 libel or slander. 50 L.R.A.(N.S.) 1043. 
 
 PERPETUAL LEASE. 
 
 Taxation of land under. 
 284. 
 
 46 L.R.A.(N.S.). 
 
 PERPETUITIES. 
 
 § 1. Generally. 
 
 Efifect of doctrine as to possibility of issue 
 extinct in determining whetlier rule 
 against perpetuities has been violated. 
 48 L.R.A.(N.S.) 867. 
 
 May a child en ventre sa mere be considered 
 as in being for purpose of rule against 
 perpetuities. 4 B. R. C. 492. 
 
 Right to damages for breach of option con- 
 tract which is not specifically enforce- 
 able because it contravenes the rule 
 against perpetuities. 4 B. R. C. 292. 
 
 Validity of provision in deed that the gran- 
 tee shall not sell in the lifetime of the- 
 grantor. L.R.A.1916D, 930. 
 
 PERSONAL CONTACT. 
 
 Liability of master for negligent injury to 
 third person through personal contact 
 with servant. 47 L.R.A. (N.S.) 142. 
 
 PERMANENT EMPLOYMENT. 
 
 Contracts for permanent employment and 
 similar agreements. 50 L.R.A. (N.S.) 
 453. 
 Begin with this hook on every law question. 
 
 PERSONAL INJURIES. 
 
 § 1. Generally. 
 
 By animals, see Animals, II. d. 
 
 By automobile, see Automobiles. 
 
 By blasting, see Blasting. 
 
 To passenger, see Caeeiees. 
 
 Damages for, see Damages, III. k. 
 
 By electricity, see Electbicity, III. 
 
 On elevator, see Elev.\toes, § 5. 
 
 By explosion, see Explosions and Explo- 
 sives, III. 
 
 By fright, see Feight, §§ 2, 3. 
 
 By gas, see Gas, §§ 11, 12. 
 
 On highway, see Highways. AT. 
 
 By frightening horse, see Hoeses, II. 
 
 On railroad track, see Raileoads, VII. a, 
 4. 
 
 On street car track, see Steeet Railways, 
 IV. 
 
 Defense to action for, see Action oe Suit, 
 § 15. 
 
 Conflict of laws as to, see CoNrLicT or 
 Laws, § 22. 
 
 Power to compel plaintiff in action for, to 
 submit to physical examination, see 
 
 DiSCOVEEY AND iNSPECmON, § 5. 
 
 Presumption of negligence from, see Evi- 
 dence, III. g. 
 
 Opinion evidence as to cause of, see Evi- 
 dence, § 187b. 
 
 Notice of, see Highways, § 106 ; Municipal 
 
 COBPOEATIONS, §§ 104, 105. 
 
 Through negligence generally, see Negli- 
 gence. 
 
 New trial in personal injury case, see 
 New Tbial. 
 
INDEX TO NOTES. 
 
 465 
 
 PERSONAL INJURIES— cowfd. 
 Resulting from nuisance, see Nuisances. 
 Proxima/te cause of, see Proximate Cause. 
 Release of claim for, see Release. 
 
 Relation of new pleadings to statute of limi- 
 tations in action for. 47 L.R.A. (N.S.) 
 932. 
 
 Injury both to person and to property at 
 the same time as constituting more 
 than one cause of action. 51 L.R.A. 
 (N.S.) 319. 
 
 Eight to split elements of damages for per- 
 sonal injuries and maintain separate 
 actions thereon. L.R.A.1916B, 743. 
 
 Abatement and revival of actions for, upon 
 death of plaintiff. L.R.A.1915E, 1104. 
 
 Pendency of action for personal injury as 
 abatement of action for death or vice 
 versa. L.R.A.1915E, 1132. 
 
 Judgment in action for personal injury as 
 abatement of action for death or vice 
 versa. L.R.A.1915E, 1152. 
 
 Jurisdiction of admiralty over suit for in- 
 jurv to stevedore. 51 L.R.A.(N.S.) 
 1]57. 
 
 Character of claims within statute or ordi- 
 nance requiring notice or presentation 
 of claim for "personal injuries" as con- 
 dition of municipal liability. 50 L.R.A. 
 (N.S.) 185. 
 
 Liability of infant for legal services in 
 action for personal injuries. 44 L.R.A. 
 (N.S.) 412. 
 
 Declarations explaining why person injured 
 or killed was at place of accident as res 
 gests. L.R.A.1915D, 503. 
 
 Physical condition of plaintiff after verdict 
 in action for personal injuries tending 
 to show falsity of testimony as to ex- 
 tent or character of his injury as 
 ground for new trial. L.R.A.1915B, 243. 
 
 Prenatal injury to infant as ground of 
 action. 45 L.R.A. (N.S.) 625. 
 
 § 2. 'Who liable and to whom. 
 
 To passenger, see Cabbiebs, §§ 49-74. 
 
 Liability of charitable institution for, see 
 Chaeitt, § 12. 
 
 To husband or wife, see Husband and Wife, 
 §§ 63, 69, a. 
 
 To infant, see Infants, VI. 
 
 To guest at inn, see Innkebpees, § 10. 
 
 Liability on insurance policy for, see IN- 
 sueanoe, VIII. c, 2; VIII. d, 2. 
 
 Liability of person selling liquor to per- 
 son" injured, see Intoxicating Liquobs, 
 §§ 38, 41. 
 
 Landlord's liability, see Landloed and Ten- 
 ant, IV. d. 
 
 To servant, see Mastee and Servant, III. 
 
 Master's liability for injury due to serv- 
 ant's negligence, see Mastee and Seev- 
 ant, IV. 
 
 Liability of manufacturer or seller, see Neg- 
 ligence, § 15. 
 
 Parent's liability for injury by child, see 
 Paeent and Child, § 10. 
 
 Personal liability of officer or director of 
 corporation for personal injuries from 
 torts in connection with its business. 
 L.R.A.1915C, 874. 
 Consult also L.B.A. Digests to date. 
 
 43— '16F. 30 
 
 PERSONAL JUDGMENT. 
 
 See Judgment, § 9. 
 
 « ■ » 
 
 PERSONAL PROPERTY. 
 
 § 1. Generally. 
 
 Bailment of, see Bailment. 
 Mortgage of, see Chattel Moktqagb. 
 Oral contract relating to, see Conteacts, 
 
 II. g, 2. 
 Insurance of, see Insueance. 
 Perpetuities as to, see Pebpetuities. 
 Pledge of, see Pledge and Collateeal Se- 
 
 cdeity. 
 Possession of, see Possession, II. 
 Return of goods, see Retuen, § 2. 
 Taxation of, see Taxes. 
 Equitable conversion into real property and 
 
 vice versa, see Wills, § 117. 
 
 Injury to, or expense of removing, person- 
 alty as an element of damage for tak- 
 ing real estate. L.R.A.1916D, 719. 
 
 § 2. What constitutes. 
 
 Rights under optional land contract as real 
 or personal property. L.E.A.1916F, 
 358. 
 
 § 5. Transfer of. 
 
 Mortgage of, see Chattel Moetgaqe. 
 Sale of, see Sale. 
 
 Conveyance of chattels 
 L.R.A.1916E, 72. 
 
 held adversely. 
 
 § 8. Recovery of possession of. 
 
 Assault in recapture of, see Assault and 
 
 Battebt, § 5. 
 Replevin for, see Replevin. 
 Trover for, see Tbovee and Convebsion. 
 
 PERSONAL REPRESENTATIVES. 
 
 See ExECUTOES and Administeatobs. 
 
 ♦ » » 
 
 PERSONAL SECVRITT. 
 
 Liability of trustee who makes loan on 
 personal security only. 44 L.R.A. 
 (N.S.) 921. 
 
 PERSONAL SERVICE. 
 
 Contracts for, earnings thereunder and 
 causes of action for their breach as as- 
 sets in bankruptcy. 5 B. R. C. 268. 
 
 PERSON OF COLOR. 
 
 Who is a person of color within statute not 
 specifically defining the same. L.R.A. 
 1915A, 828. 
 
466 
 
 INDEX TO NOTES. 
 
 PERSONS NOT IN BEING. 
 
 See Aftek-born Childeen. 
 
 PERUVIAN STRENGTHENING 
 ELIXIR. 
 
 Judicial notice of intoxicating character 
 of. 48 L.R.A.(N.S.) 316. 
 
 PETITIONS. 
 
 Initiative or referendum petition, see In- 
 itiative, Referendum and Recall, § 1. 
 Petition for recall, see Initiative, RefeB' 
 
 ENDUM, AND RECALL, § 2. 
 
 For public improvements, see Public Im- 
 
 PEOVEMENTS, § 3. 
 
 Who may petition in relation to school 
 matters. 43 L.R.A.(N.S.) 293. 
 
 Civil liability of persons who join in peti- 
 tion addressed to public authorities. 
 L.R.A.1916D, 394. 
 
 PETROLEUM. 
 
 In general, see Mines, III. e. 
 
 ♦ « » 
 
 PHARMACISTS. 
 
 See Deugs and Druggists. 
 
 < «» 
 
 PHILANTHROPY, 
 
 Charitable gift for, see Chaeities. 
 
 ♦-»-• 
 
 PHOTOGRAPHS. 
 
 As evidence, see Evidence, § 156. 
 Libel by publication of, see Libel and Slan- 
 DEE, § 7. 
 
 Mental anguish as basis of action for loss 
 
 of. 47 L.R.A.(N.S.) 1120. 
 Right of action for use of photograph for 
 
 advertising purposes. L.R.A.1915C, 
 
 839. 
 Right to take or retain in rogues' gallery 
 
 picture of one accused of crime. L.R.A. 
 
 1916A, 743. 
 
 PHYSICAL CONDITION. 
 
 Admissibility of evidence as to physical con- 
 dition of members of deceased's family 
 in action for death. 49 L.R.A. (N.S.) 
 737. 
 
 PHYSICAL EXAMINATION. 
 
 See DiscovEET and Inspection, § 5. 
 
 PHYSICAL INFIRMITIES. 
 
 As proof of testamentary incapacity. L.R. 
 1915A, 450. 
 
 PHYSICAL INJURY. 
 
 See Personal Injuries. 
 
 Begin with this hook, on every law question. 
 
 PHYSICIANS AND SURGEONS. 
 
 I. In general, §§ 1—S. 
 II. Puhlic control and regulation c 
 
 §§ e-11. 
 
 III. Duty and liability to patient; ma 
 
 practice, §§ 12—16. 
 IT. Negligence of, or failure to er 
 
 ploy, or obey commands of, i 
 
 affecting third person's liabilit 
 
 §§ 17, IS. 
 V. Contracts and recovery for ser 
 
 ices, §§19, 30. 
 
 I. In general. 
 
 § 1. Generally, 
 
 Allowance for mental anguish caused 1 
 
 negligence in transmission of messa; 
 
 summoning physician, see Damage 
 
 § 102. 
 Physical examination by, see Disooveby ai 
 
 Inspection, § 5. 
 Admissibility of opinions of, see Evidenc 
 
 Vlll. 
 Privileged communications to, see Evidenc 
 
 §§ 221, 225. 
 Representations of insured as to consult 
 
 tion with, or attendance of, see I 
 
 sueance, § 96. 
 Authority of servant to employ, see Ma 
 
 tee and Servant, §§ 18, 18a. 
 Master's duty as to medical assistance, s 
 
 Master and Servant, § 58. 
 Master's liability for negligence of ph 
 
 sician employed for injured servai 
 
 see'MASTBR and Servant, § 59. 
 Master's liability for services of physicii 
 
 employed by servant, see Master A! 
 
 Servant, § 60. 
 
 Effect of representation or undue influen 
 
 by physician to avoid release, i 
 
 L.R.A. (N.S.) 1091. 
 Private records or memoranda of, as e^ 
 
 dence of birth, death, etc. L.E. 
 
 1915F, 803. 
 Right of physician to complain of regul 
 
 tions of beneficial association or ei 
 
 ployer as to employment of physicia 
 
 L.R.A.1916B, 839. 
 
INDEX TO NOTES. 
 
 467 
 
 PHYSICIANS AND SURGEONS, I.— 
 
 cont'd. 
 § 3. Criminal responsibility for fail- 
 ure to provide. 
 
 Effect of failure to provide medical at- 
 tendance to render one guilty of man- 
 slaughter. 45 L.R.A.(N.S.) 559. 
 
 § 4. Sale of practice; contracts not 
 to engage therein. 
 
 Remedy by injunction to restrain violation 
 of agreement not to practise medicine 
 or surgery within a certain territory. 
 L.R.A.1915B, 206. 
 
 Validity of restrictive agreement ancillary 
 to sale of practice as affected by its 
 territorial scope. L.R.A.1916C, 629. 
 
 II, Public control and regulation of. 
 
 § 6. Generally. ^ 
 
 Right of phvsician to sell drugs without a 
 prescription. 46 L.R.A.(N.S.) 1. 
 
 Validity of statute or regulations affecting 
 right to practise medicine or surgery 
 of one who has practised in anothei 
 state or is a nonresident. 49 L.R.A. 
 (N.S.) 150. 
 
 § 8. Iiicense of. 
 
 Of dentist, see Dentists. 
 
 Validity of statute creating prima facie 
 rule of evidence as to existence or non- 
 existence of license. L.R.A.1915C, 736. 
 
 § 9. — f ailnre to procure. 
 
 Right of unlicensed physician to act as 
 employee of licensed one. 44 L.R.A. 
 (N.S.) 1089. 
 
 § 10. — revocation of. 
 
 statute of limitations as a defense to rev- 
 ocation of physician's license. L.R.A. 
 1915D, 1218. 
 
 Orounds for revoking physician's license. 
 43 L.R.A.(N.S.) 911; 51 L.R.A.(N.S.) 
 
 § 11. Diploma to. 
 
 Mandamus to compel issuance of diploma 
 by medical school. L.R.A.1916B, 616. 
 
 III. Duty and liability to patient; mal- 
 practice. 
 
 §12. Generally. 
 
 -Confidential disclosures to, see Evidence, 
 
 §§ 221, 225. 
 -Liability of physician conducting private 
 
 hospital, see Hospitals, § 4. 
 
 Mental suffering as element of damages in 
 
 action against physician or surgeon. 
 
 51 L.R.A.(N.S.) 36. 
 Liability of physician to person treated 
 
 under employment by a third person. 
 
 L.R.A.1916D, 650. 
 Liability of physician as affected by other 
 
 calls on his services. L.R.A.1916B, 
 
 625. 
 IHomicide by negligence of physician. L.K.A. 
 
 1915D, 201. 
 Consult also L.R.A. Digests to date. 
 
 PHYSICIANS AND SURGEONS, III.— 
 
 cont'd. 
 Recovery by physician as bar to action for 
 
 malpractice. 40 L.R.A. (N.S.) 222. 
 Liability of physician for injuries resulting 
 
 from electrical or X-ray treatment. 43 
 
 L.R.A. (N.S.) 734. 
 Liability of physician or surgeon where 
 
 foreign material is left in incision. 46 
 
 L.R.A. (N.S.) 611. 
 Undertakings to defend malpractice suits 
 
 as insurance. 47 L.R.A.(N.S.) 292. 
 
 § 13. Degree of care and skill re- 
 quired of. 
 
 I Liability of physician or surgeon for fail- 
 ure to follow established practice as to 
 method of treatment. L.R.A.1915C, 
 595. 
 Practice of his own school. L.R.A.1915C, 
 598. 
 
 § 14. Performance of operation with- 
 out consent. 
 
 Liability of surgeon performing surgical 
 operation without consent. 50 L.R.A. 
 (N.S.) 880. 
 
 § 16. Of person other than physician. 
 
 Duty and liability of one other than a 
 physician or surgeon who contracts to 
 provide medical or surgical attendance 
 for another. L.R.A.1915D, 884. 
 
 IV. Negligence of, or failure to employ, 
 or obey com,mands of, as affect- 
 ing third person's liability. 
 
 § 17. Generally. 
 
 Criminal responsibility of one who inflicts 
 a wound on another resulting in the 
 latter's death as affected by negligence 
 or lack of skill in treatment or care of 
 wound. L.R.A.1915F, 608. 
 
 Liability of one causing personal injury as 
 affected by negligence or unskilfulness 
 of attending physician or surgeon. 48 
 L.R.A. (N.S.) 116. 
 
 Liability under accident policy for death 
 or injury resulting from surgical op- 
 eration or medical treatment. L.R.A. 
 1915E, 955. 
 
 § 18. Obeying or disobeying as affect- 
 ing remedy of injured person. 
 
 Duty of injured person to follow advice or 
 instructions of physician or surgeon. 
 48 L.R.A.(N.S.) 110. 
 
 V. Contracts and recovery for services. 
 
 § 20. Recovery. 
 
 Liability of public for services of physicians 
 
 or surgeons rendered prisoners. 50 
 
 L.R.A.(N.S.) 1223. 
 Liability of relative for medical services to 
 
 pauper. L.R.A.1915E, 844. 
 Recovery by physician as bar to action for 
 
 malpractice. 46 L.RA.(N.S.) 222. , 
 
468 
 
 INDEX TO NOTES. 
 
 PIANO. 
 
 Exemption from seizure under execution. 
 44 L.E.A.(N.S.) 77. 
 
 PIAZZA. 
 
 Burglary by going upon. 46 L.R.A.(N.S.) 
 999. 
 
 PICK. 
 
 Master's liability for injury by defects in. 
 51L.E.A.(N.S.) 338. 
 
 PICKETING. 
 
 Law as to picketing. 50 L.R.A.(N.S.) 412. 
 
 ^--^ 
 
 PICTURES. 
 Photograph, bee Photogkaphs. 
 
 PIERS. 
 
 See Whaevbs. 
 
 ♦ »» 
 
 PIPE LINE. 
 
 In street, see Highways, §§ 22, 23. 
 
 < ■ » 
 
 PIPES. 
 
 In street, see Highways, §§ 22, 23. 
 Water pipes generally, see Watebs, § 112. 
 
 Injury to trainman by pipes over track. 
 47 L.R.A.(]Sr.S.) 499. 
 
 pip.Acy. 
 
 Forfeiture of rights of innocent persons in 
 vessel used for piracy. L.E,.A.1916E, 
 346. 
 
 PLACE. 
 
 Of ejection of passenger, see Cabkiees, § 34. 
 Of sale of liquor, see Intoxicating Liqttobs, 
 
 §§ 26, 27. 
 Of payment, see Payment, § 18. 
 Of trial, see Venue. 
 Of signature to will, see Wills, § 23. 
 Master's duty as to safety of, see Master 
 
 AND Servant, III. a, 6. 
 
 PLACE— coBi'd. . 
 
 Eight of street railway company to limil 
 place of transfer. 52 LJl.A.(N.S.) 908. 
 
 PLACE OF TRIAL. 
 
 See Venue. 
 
 PLAINTIFFS. 
 
 Parties plaintiff, see Parties, II. 
 
 « ■ » 
 
 PLANS. 
 
 Right of architect in plans prepared by 
 him. 3 B. E. C. 464. 
 
 PLANT DISEASES. 
 
 Validity and construction of statutory reg- 
 ulations as to infected orchards, trees 
 or crops. 43 L.E.A.(N.S.) 1080; 
 L.E.A.1915F, 894. 
 
 PLATFORM. 
 
 Carrier's liability for injury to passenger 
 on, see Caebibbs, §§ 60, 70, 72. 
 
 Contributory negligence in riding on, see 
 Cabbiebs, § 80. 
 
 Negligence of carrier in permitting space 
 between platforms of cars. L.E.A. 
 1916D, 1113. 
 
 Duty of storekeeper toward customer as to 
 condition of. L.E.A.1915F, 572. 
 
 < » » 
 
 PLATS AND MAPS. 
 
 Dedication by, see Dedication, § 6. 
 
 4 I » 
 
 PLAY. 
 
 Common-law rights of author in intellec- 
 tual productions. 43 L.E.A.(N.S.) 639. 
 
 Duty as to obstructions or defects in street 
 in case of children at play therein. 
 L.R.A.1916B, 947. 
 
 Begin with this 'book, on every law question. 
 
 PLAY GROUNDS. 
 
 Power to exercise eminent domain for pur- 
 pose of. 48 L.E.A. (N.S.) 487. 
 
INDEX TO NOTES. 
 
 469 
 
 PLEA. 
 
 In criminal cases, see Ceiminal Law, §§ 56, 
 
 57. 
 In civil action, see Pleading, III. 
 
 FI.EADIN6. 
 
 /. In general, §§ 1—15. 
 a. Generally, §§ 1—3. 
 
 d. Service of, §§ S, 9. 
 
 e. Amendment; supplemental 
 
 pleading, §§ 10-13. 
 /. Withdrawal; striking out; 
 misjoinder, §§ IS— IS. 
 II. Plaintiff's pleadings, §§ 16—35. 
 
 a. In general, §§ 16, 17. 
 
 b. On contract lialtility, §§ 18— 
 
 22. 
 
 c. Negligence, §§ 2S—30. 
 
 d. Torts; frauds; undiie influ- 
 
 ence, § 31. 
 
 e. In divorce suit; estates of de- 
 
 cedents, §§ 32, 33. 
 III. Defendant's pleadings, §§ 36— 38a. 
 ir. Cross bill, § 39. 
 yi. Demuri-er, § il. 
 
 I. In general. 
 
 a. Generally, 
 
 § I. Generally. 
 
 In criminal case, see Ceiuin^ai. Law, §§ 
 56, 57 ; Indictment, etc. 
 
 Admissibility of evidence under, see Evi- 
 dence, § 329. 
 
 Variance between pleading and proof, see 
 Evidence, §§ 330, 333. 
 
 Identity of, see Identity and Identifica- 
 tion, § 11. 
 
 Privileged nature of, see Libel and Slan- 
 DEE, § 29. 
 
 Collateral attack upon judgment because of 
 insufficiency of pleadings, L.R.A.1916E, 
 316. 
 
 Right to open default to let in defense re- 
 lying on defects in adversary's plead- 
 ings. L.E.A.1916E, 842. 
 
 In actions on contracts stipulating for pre- 
 liminary arbitration. 47 L.E.A. (N.S.) 
 431. 
 
 d. Service <//. 
 
 § 8. Time. 
 
 Pendency of motion as extending time to 
 plead. 47 L.B.A.(N.S.) 853. 
 Motion for security for costs. 47 
 
 L.E.A. (N.S.) 854. 
 Motion in relation to pleadings. 47 
 
 L.E.A.(N.S.) 854. 
 Motion attacking jurisdiction. 47 
 L.E.A.(N.S.) 855. 
 Motion to quash summons or set 
 aside service. 47 L.E.A. 
 (N.S.) 855. 
 Motion to quash attachment. 47 
 L.E.A.(N.S.) 856. 
 Consult also L.R.A. Digests to date. 
 
 PLEADING, I. d— cont'd. 
 
 Motion to change venue or for re- 
 moval. 47 L.E.A. (N.S.) 857. 
 Miscellaneous. 47 L.E.A. (N.S.) 857. 
 
 e. Amendment; supplemental pleading. 
 
 § 10. Amendment, 
 
 Amendment of indictment, see Indictment, 
 
 etc., § 30. 
 Relation of new pleadings to statute of 
 
 limitations, see Limitation of Actions, 
 
 § 64. 
 
 Amendment of complaint in suit for di- 
 vorce or separation so as to show resi- 
 dence or domicil. 48 L.E.A. (N.S. ) 
 779. 
 
 Amendment as to plaintiff in statutory ac- 
 tion for death. L.E.A.1916E, 172. 
 
 Amendment of pleadings in action under 
 Federal employers' liability act. L.E.A. 
 1915C, 80, 
 
 § 11. —time of. 
 
 Amendment of pleading in appellate court 
 to .conform to proof. L.E.A.1916D, 841. 
 
 § 12. Supplemental pleading. 
 
 May original petition or complaint which 
 states no cause of, action be aided 
 by supplemental pleading. L.E.A. 
 1916D, 676. 
 The rule. L.E.A.1916D, 676. 
 Contra. L.E.A.1916D, 679. 
 Equity cases follow the rule. L.E.A. 
 1916D, 679. 
 Divorces. L.p.A.1916D, 680. 
 Creditor's bills. L.R.A.1916D, 681. 
 View that rule is not controlling 
 in equity. L.R.A.1916D, 682. 
 Iowa. L.E.A.1916D, 683. 
 Miscellaneous. L.E.A.1916D, 684. 
 
 /. Withdrawal; striking out; mis- 
 joinder. 
 
 § IS. Misjoinder. 
 
 Joinder of parties defendant, see P.\bties, 
 § 36. 
 
 Joinder of parties with alternative allega- 
 tions as to liability. 51 L.E.A. 
 (N.S.) 640. 
 
 In absence of controlling regulation. 
 51 L.E.A.(N.S.) 640. - 
 
 Under statute. 51 L.R.A.(N.S.) 643. 
 
 Under rules of practice. 61 L.E.A. 
 (N.S.) 644. 
 
 //. Plaintiff's pleadings, 
 a. In general. 
 
 §16. Crenerally. 
 
 Amendment of, see supra, §§ 10, 11. 
 Demurrer, see infra, § 41. 
 
 Sufficiency of pleading to permit introduc- 
 tion of parol evidence that written in- 
 strument importing an absolute trans- 
 fer was intended to operate as a, mort- 
 gage. L.E.A.1916B, 552. 
 
470 
 
 IMIEX TO NOTES. 
 
 PLEADING, II. a.— cont'd. 
 
 May original petition or complaint which 
 states no cause of action be aided by 
 supplemental pleading. L.Il.A.1916I>, 
 676. 
 
 Necessity of pleading the statute of frauds. 
 
 49 L.R.A.(N.S.) 1. 
 Allegations as to writing. 49 L.R.A. 
 
 (N.S.) 2. 
 Presumption. 49 L.E.A.(N.S.) 6. 
 Showing contract was oral. 49 L.R.A. 
 
 (N.S.) 7. 
 English and Canadian cases. 49 L.R.A. 
 ^ (N.S.) 42. 
 
 Complaint as aiding defective summons. 
 44 L.R.A.(N.S.) 138. 
 
 Necessity that pleading in action by stock- 
 holder on behalf of the corporation 
 show demand upon, and refusal of, 
 board of directors to act. 51 L.R.A. 
 (N.S.) 107. 
 
 Joinder of parties with alternative allega- 
 tions as to liability. 51 L.R.A. (N.S.) 
 640. 
 
 Necessity for alleging that action for death 
 is within the statutory period. L.R.A. 
 1915E, 1192. 
 
 § 16a. Necessity of theory of the case 
 in pleading. 
 
 In general. 50. L.R.A. (N.S.) 4. 
 Pleader's theory of facts. 50 L.R.A. (N.S.) 
 9. 
 Necessity for. 50 L.R.A. (N.S.) 9. 
 How ascertained. 50 L.R.A. (N.S.) 13. 
 Conformity of pleading and proof. 50 
 L.R.A. (N.S.) 14. 
 Materiality of character of action. 50 
 
 L.R.A.(N.S.) 17. 
 Ascertainment of character of action. 50 
 L.R.A.(N.S.) 19. 
 Presumptions in aid of construction. 
 
 50 L.R.A.(N.S.) 21. 
 
 Nature to be determined from com- 
 plaint. 50 L.R.A.(N.S.) 23. 
 
 Effect of form of summons. 50 L.R.A. 
 (N.S.) 23. • 
 
 Title, introduction, and prayer for 
 judgment. ,50 L.R.A. (N.S.) 24. 
 
 Construction of averments. 50 L.R.A. 
 (N.S.) 25. 
 
 Effect of election between tort and con- 
 tract. 50 L.R.A.(N.S.) 31. 
 
 Effect of attachment. 50 L.R.A.(N.S.) 
 32. 
 
 § 17. Against telegraph company. 
 
 Pleading in action to recover damages for 
 mental anguish in telegraph cases. 
 49 L.R.A.(N.S.) 279. 
 Necessity of allegation that telegram 
 would have accomplished its pur- 
 pose. 49 L.R.A.(N.S.) 259. 
 
 6. On contract liability. 
 
 § 18. Generally. 
 
 Pleading as to secondary contract abrogat- 
 ing or altering prior contract. L.R.A. § 36. Generally. 
 1915B, 68. Cross bill, see infra, § 
 
 Begin with this hooTc on every law question. 
 
 PLEAIUNG, II. y>— cont'd. 
 
 Recovery on common counts by one who 
 abandons a contract for work or labor 
 or services without cause or justifica- 
 tion. L.R.A.1916E, 790. 
 
 In action by lessor against lessee for 
 breach of covenant as to payment of 
 t^xes and assessments. L.R.A.1915A, 
 362. 
 
 In actions on contracts stipulating for pre- 
 liminary arbitration. 47 L.R.A. (N.S.) 
 431. 
 
 Pleading in action on subscription for 
 charity. 48 L.R.A. (N.S.) 807. 
 
 In action to recover purchase price where 
 purchaser has wrongfully repudiated 
 his contract. 51 L.R.A. (N.S.) 760. 
 
 Duty of insured to negative death or acci- 
 dent from excepted cause in action on 
 insurance policy. 50 L.R.A.(X.S.) 
 1006. 
 
 c. Negligence. 
 
 § 23. Generally. 
 
 Pleading particular cause of injury as waiv- 
 er of right to rely on res ipsa loqui- 
 tur. L.R.A.1915F, 992. 
 
 In action for injuries received through 
 fright of horse by automobile on high- 
 way. 48 L.R.A.(N.S.) 966. 
 
 I 
 
 5 26. Of master. 
 
 Sufficiency of complaint in action under 
 Federal employers' liability act. 47 
 L.R.A.(N.S.) 74; L.R.A.1915C, 78.' 
 
 § 28. Of carrier or railroad company. 
 
 Sufficiency of averments of negligence of 
 carrier causing injury to passenger. 
 L.R.A.1916C, 366. 
 
 Necessity and sufficiency of allegation as 
 to time of injury to persons or prop- 
 erty on railroad track. L.R.A.1915A, 
 781. 
 
 d. Torts; frauds; undue influence. 
 
 § 31. Generally. 
 
 Pleading in prosecution for violation of 
 hours of service laws. L.E.A.1915D, 
 422. 
 
 Pleading in action for defamation of un- 
 named person. 48 L.R.A. (N.S.) 361. 
 
 Pleading in suit to set aside on ground of 
 undue influence in conveyance of prop- 
 erty in consideration of support of the 
 grantor or a third person. 52 L.R.A. 
 (N.S.) 482. 
 
 e. In divorce suit; estates of decedents. 
 
 § 32. In divorce suit. 
 
 Amendment of complaint in suit for di- 
 vorce or separation so as to show resi- 
 dence or domicil. 48 L.R.A. (N.S. ). 
 779. 
 
 III. Defendant's pleadings. 
 
INDEX TO NOTES. 
 
 471 
 
 PLEADING, 111.— cont'd. 
 Demurrer, see infra, § 41. 
 Plea in criminal case, see Ckiminal Law, § 
 56. 
 
 Sufficiency of, in action under Federal em- 
 ployers' liability act. 47 L.R.A.(N.S.) 
 76. 
 
 Nature and form of plea of alien enemy. 
 5 B. E. C. 590. 
 
 In actions on contracts stipulating for pre- 
 liminary arbitration. 47 L.R.A.(N.S.) 
 431. 
 
 Pleading truth as defense to a civil action 
 for libel or slander. 50 L.R.A. (N.S.) 
 1042. 
 
 As to excuse for violation of hours of serv- 
 ice laws. L.E.A.1915D, 422. 
 
 Sufficiency of, in action under Federal em- 
 ployers' liability act. L.R.A.1915C, 79. 
 
 § 37. W^hat must be pleaded. 
 
 Effect of failure of personal representative 
 to plead statute of limitations as to an 
 indebtedness of the estate as a vpaiver 
 thereof. L.R.A.1915B, 1048. 
 
 § 37a. — statute c£ frauds. 
 
 Necessity of pleading the statute of frauds. 
 49 L.R.A. (N.S.) 1. 
 General denial. 49 L.R.A. (N.S.) 11. 
 Denial of contract. 49 L.R.A. (N.S.) 16. 
 Setting up a contract. 49 L.R.A. (N.S.) 
 
 23. 
 Admitting contract and waiving stat- 
 ute of frauds. 49 L.R.A. (N.S.) 24. 
 Admitting contract and relying on stat- 
 ute of frauds. 49 L.R.A.(N.S.) 27. 
 Justice's court. 49 L.R.A. (N.S.) 28. 
 On appeal. 49 L.R.A. (N.S.) 29. 
 Cases requiring special pleading of 
 
 statute. 49 L.R.A. (N.S.) 30. 
 Some specific cases. 49 L.R.A. (N.S.) 
 32. 
 Sale of goods. 49 L.R.A. (N.S.) 32. 
 Debt of another. 49 L.R.A. (N.S.) 
 
 32. 
 Land contracts. 49 L.R.A. (N.S.) 
 33. 
 Specific performance. 49 
 
 L.R.A. (N.S.) 34. 
 Where there had been a sale. 
 
 49 L.R.A.(N.S.) 35. 
 Lien. 49 L.R.A.(N.S.) 37. 
 Real estate agent. 49 L.R.A. 
 
 (N.S.) 37. 
 Lease. 49 L.R.A. (N.S.) 37. 
 Trusts. 49 L.R.A. (N.S.) 37. 
 Contracts not to be performed in 
 one year. 49 L.R.A. (N.S.) 38. 
 English and Canadian cases. 49 L.R.A. 
 (N.S.) 39. 
 Judicature acts and rules. 49 
 
 L.R.A.(N.S.) 39. 
 Admitting the agreement. 49 
 
 L.R.A.(N.S.) 41. 
 Bill of complaint. 49 L.R.A. (N.S.) 
 
 42. 
 Assumpsit — general issue. 49 L.R.A. 
 
 (N.S.) 43. 
 Setting up contract by defendant. 
 
 49 L.R.A. (N.S.) 44. 
 Third party. 49 L.R.A. (N.S.) 44. 
 Consult also L.R.A. Vigests to date. 
 
 PLEADING, 111.— cont'd. 
 § 38. General denial. 
 
 Sufficiency of general denial to raise defense 
 of statute. of frauds. 49 L.R.A. (N.S.) 
 11. 
 
 IV. Cross bill. 
 
 § 39. Generally. 
 
 When local venue be disregarded upon the 
 ground that the action or proceeding 
 is ancillary or incidental, in case of 
 cross bill seeking affirmative relief. 
 L.R.A.1916D, 1135. 
 
 VI. Demurrer. 
 
 § 41. Generally. ' 
 
 Raising objection of duplicity by demurrer. 
 
 49 L.R.A. (N.S.) 454. 
 
 PI^EDGE AND COttATEBAIi SE- 
 CURITY. 
 
 /. In general, §§ 1—3. 
 II. Validity; delivery; eflect, §§ 4—e. 
 III. Rights, duties, and liabilities of 
 parties and third persons, 
 §§ 7-14. 
 
 a. In general, §§ 7—10. 
 
 b. Sale, §§ 11-14. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Effect on negotiability of bill or note of 
 provision accelerating maturity on at- 
 tempt to dispose of collateral security, 
 L.R.A.1915B, 472. 
 
 Taking and pledging property with intent 
 to return it, as larceny. 52 L.R.A. 
 (N.S.) 1017. 
 
 Parol evidence that a written instrument 
 importing a complete transfer of title 
 was intended to operate as a pledge. 
 L.R.A.1916B, 18. 
 
 II. Validity; delivery; effect. 
 
 § 4. Validity. 
 
 Pledge of corporate stock, see Cobpobations, 
 . § 92. 
 
 Power of national bank to take stbck of 
 other corporation as collateral secur- 
 ity. L.R.A.1916A, 586. 
 
 Power of bank to pledge assets to secure 
 depositor. 45 L.R.A. (N.S.) 950. 
 
 § 5. Delivery or change of possession. 
 
 Issuance and delivery by warehouseman of 
 receipt for his own property as a con- 
 structive transfer of possession essential 
 to a valid pledge. 52 L.R.A.(N.S.) 
 754. 
 
 § 6. Eflect. 
 
 On rights of parties and third persons, see 
 
 infra, III. 
 Sufficiency of pledge to secure loan by 
 
 trustee, see Tbtjsts, § 26a. 
 
472 
 
 INDEX TO NOTES. 
 
 PLEDGE AND COLLATERAL SECURITY 
 — cont'd. 
 
 III. Rights, duties, and liabilities of 
 parties and third persons. 
 
 a. In general. 
 
 % 7. Generally. 
 
 Eights of pledgee of corporate stock, see 
 Corporations, § 93. 
 
 Rights of lien holder as to captured prop- 
 erty. 5 B. R. C. 1002. 
 
 Eight of one whose securities have been 
 pledged to bank, to secure a loan to 
 another, to be subrogated to the bank's 
 lien on latter's deposit and collateral. 
 43 L.R.A.(N.S.) 197. 
 
 Eight of purchaser of a draft from a bank 
 to lien or preference to collateral in 
 hands of drawee upon insolvency of the 
 drawer. L.R.A.1915B, 43S. 
 
 Right of purchaser or pledgee, of stock 
 from one with" whom it was pledged or 
 deposited by the owner without sign- 
 ing a transfer or power of attorney. 
 L.R.A.1916F, 491. 
 
 Right of indorsee or transferee of a bill or 
 note to hold collateral for indebtedness 
 other than that directly secured. L.E.A. 
 1915F, 968. 
 
 b. Sale. 
 
 § 11. Generally. 
 
 Effect of application to indebtedness of pro- 
 ceeds of sale of collateral security up- 
 on running of statute of limitations, 
 L.R.A.1916A, 734. 
 
 PLUMBING. 
 
 Constitutionality of statutes as to, see Con- 
 stitutional Law, § 134. 
 License of plumbers, see License, § 38. 
 
 PNEUMONIA. 
 
 As element of damages for negligent in- 
 jury. 48 L.R.A.(N.S.) 101. 
 
 POISON. 
 
 § 1. Generally. 
 
 Blood poisoning, see Blood Poisoning. 
 
 Death from taking poisonous substance as 
 accident or accidental means within 
 meaning of accident- insurance policy. 
 L.E.A.1916A, 481. 
 
 FOI.ES. 
 
 For carrying electric wires, see Electeicitt. 
 In street, see Highways, § 24. 
 Begin with this book on every law quesHon 
 
 POLES— cont'd. 
 
 Master's liability for injury by defect ii 
 
 51 L.R.A.(N.S.) 338. 
 Doctrine of attractive nuisance as applie 
 
 to telegraph poles. L.R.A.1915D, 161 
 
 POLICE. 
 
 § 1. Generally. 
 
 Voluntariness of confession made to. 5 
 
 L.R.A.(N.S.) 1088. 
 Parol evidence to vary or supplement mir 
 
 utes of police board. 50 L.R.A. (N.S. 
 
 99. 
 
 § 2. Pensions to. 
 
 Vested right in pension. 50 L.R.A. (N.S. 
 1019. 
 
 § 4. Injnry to. 
 
 Liability of owner of property for injur 
 to policeman in discharge of dutj 
 L.R.A.1916B, 794. 
 
 § 5. Liability of. 
 
 Liability to civil action for acts of jv 
 
 dicial nature. 44 L.R.A. (N.S.) 164. 
 Liability for making arrest. L.R.A.1915I 
 
 505, 
 Liability of police officer for wrongful ac 
 as affected by the fact that he wa 
 acting under orders of superioi 
 50 L.R.A.(N.S.) 987. 
 Mitigation of damages. 50 L.E..^ 
 (N.S.) 989. 
 
 § 6. Liability for acts of. 
 
 Liability for acts of servaht employed a 
 policeman, see Master and Servant, 
 22. 
 
 Liability of municipality, see MtTNiciPA 
 
 COEPOEATIONS, § 82. 
 
 Liability of private person or corporatio 
 for acts of special officer appointed b 
 public authority. 43 L.R.A.(N.S. 
 1164; L.R.A.1915C, 1183. 
 
 POLICE POAVER. 
 
 In general, see Constitutional Law, § 2i 
 a. 
 
 POLITICAL MEETING. 
 
 Disturbance of. 45 L.R.A. (N.S.) 109. 
 
 POLITICAL PARTIES. 
 
 In general, see Elections. 
 
INDEX TO NOTES. 
 
 473 
 
 POLLUTION. 
 
 Of waters, generally, see Waters, II. h. 
 Municipal liability for pollution of waters 
 by drains and sewers, see Municipal 
 
 COEPOKATIONS, § 89. 
 
 PONDS. 
 
 Negligence as to, see Xegligence, § 23a. 
 In general, see Waters, II. m. 
 
 Right of owner or lessee of mineral in 
 place to make ponds upon surface of 
 land. 48 L.R.A.(N.S.) 892. 
 
 FOOL. 
 
 Of corporate stock, see Coepoeations, § 124. 
 
 PORTICOS. 
 
 Porticos extending beyond line as violation 
 of building restrictions. 62 L.R.A. 
 (N.S.) 1047, 1054. 
 
 *-»-*■ — 
 
 PORTRAITS. 
 
 See Photoqeaphs. 
 
 « ■ » 
 
 POOL SELLING. 
 
 As a nuisance. 44 L.R.A. (N.S.) 161. 
 Cruel and unusual punishment for. Ij.R.A. 
 1915C, 570. 
 
 POOR AND POOR LAAVS. 
 
 § 2. Residence of. 
 
 Residence of inmate of charitable or pub- 
 lic home for school purposes. 51 L.R.A. 
 (N.S.) 234. 
 
 § 4. Support. 
 
 Liability of relative for medical services to 
 pauper. L.R.A.1915E, 844. 
 
 POP. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 316. 
 
 PORCHES. 
 
 Porches extending beyond line as violation 
 of building restrictions.' 52 L.R.A. 
 (N.S.) 1047, 1054. 
 
 PORTABLE MACHINES. 
 
 Duty to guard, see Master and Servant. 
 
 » »» 
 
 PORTER. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A. (N.S.) 306. 
 Consult also L.B.A. Digests to date. 
 
 POSSESSION. 
 
 /. Real property, §§ 1—4. 
 II. Personal property, §§ 5—8. 
 
 Presumption from, see Evidence, § 105. 
 Receiver's right of, see Receivers, § 12. 
 
 /. Real property. 
 
 g 1. Generally. 
 
 Adverse possession, see Adveese Possession. 
 Recovery of, by forcible entry and detainer, 
 
 see Foeciele Entey and Detainee. 
 As to mortgagee in possession, see Moet- 
 
 gage, § 31. 
 
 § 3. Effect of possession; right of 
 party in possession. 
 
 Adverse possession, see Adverse Possession. 
 
 Taking possession as part performance to 
 satisfy statute of frauds, see Con- 
 tracts, § 59. 
 
 Of real property as notice, see Notice, § 17. 
 
 As affecting right to specific performance, 
 see SPECinc Performance, § 13. 
 
 II. Personal property. 
 
 § 5. Generally. 
 
 Change of, see Change of Possession. 
 Recovery of possession of chattels, see Per- 
 sonal Property, § 8. 
 
 g 6. Right to. 
 
 Right of oiiicer executing criminal process 
 to take possession of evidentiary ar- 
 ticles. L.R.A.1916C, 1017. 
 
 POSSESSORY ACTION. 
 
 For tax receipts. 45 L.R.A. (N.S.) 
 
 78S. 
 
 POSSESSORY TITLE. 
 
 Use of possessory title as a weapon of of- 
 fense. 46 L.R.A.(N.S.) 487. 
 
 POSTAL SERVICE. 
 
 See PosTOFFioE. 
 
474 
 
 INDEX TO NOTES. 
 
 POSTDATED CHECKS. 
 
 Effect of negotiation of check prior to day 
 of date to put purchaser on inquiry. 
 44 L.E.A.{N.S.) 405. 
 
 POSTHUMOUS CHILDREN. 
 
 See Aftee-bokn Children. 
 
 POSTMASTER GENERAL. 
 
 Power of courts to enforce ministerial 
 duties of. 52 L.K.A.{N.S.) 436. 
 
 POST MORTEM. 
 
 Admissibility of findings of coroner to show 
 cause of death. 45 L.R.A. (N.S.) 404. 
 
 POSTOFFICE. 
 
 01 
 
 1. In general, §§ 1, 3. 
 II. Postmasters, § 3. 
 III. Transmission and delivery 
 
 m,ails, §§ 4— «. 
 ir. Crimes, §§ 9—12. 
 
 I. In general. 
 
 % 1. Generally. 
 
 Contract as to location of. L.E.A.1916D, 
 727. 
 
 II. Postmasters. 
 
 § 3. Generally. 
 
 Postmaster general, see Postmastee Gen- 
 eral. 
 
 Liability for lost or stolen mail. 
 1915A, 374. 
 
 L.K.A. 
 
 ///. Transm,ission and delivery of 
 mails. 
 
 § 4. Generally. 
 
 Presumption as to receipt of communica- 
 tion sent through mail. 49 L.K.A. 
 (N.S.) 458. 
 
 Where insurance contract deemed to have 
 been made when policy is mailed to 
 insured or his agent, or to local agent 
 of insurer. 52 L.R.A. (N.S.) 275, 276. 
 
 § 5. Service of notice by mail. 
 
 Mailing notice as satisfying requirement of 
 notice by contract. L.E.A.1915B, 
 181. 
 Time of mailing communication as time 
 of notice. L.R.A.1915B, 183. 
 
 POSTOFFICE, 111.— cont'd. 
 
 § 6a. Liability for lost or stolen ma: 
 
 Liability of postmaster. L.R.A.1915A, 3i 
 Acts of subordinates. L.R.A.1915 
 375. 
 Liability of postoflice employees. L.R. 
 
 1915A, 376. 
 Liability of mail contractors. L.R.A.1915 
 376. 
 Acts of subordinates. L.R.A.1915 
 377. 
 Natural persons as contracto: 
 
 L.R.A.1915A, 377. 
 Corporations as contractoi 
 L.R.A.1915A, 378. 
 Liability of sureties on bonds. L.R. 
 1915A, 379. 
 
 IV. Crimes. 
 
 § 9. Generally. 
 
 Cruel and unusual punishment for. L.R. 
 
 1915C, 569. 
 Locality of offense of libel where libelo 
 
 communication is forwarded by mai 
 
 49 L.R.A.(N.S.) 942. 
 Instigating offense as defense to prosec 
 
 tion for illegal use of mails. 51 L.R. 
 
 (N.S.) 827. 
 Communications offering the means or pi 
 
 aphernalia by which frauds may 
 
 perpetrated as an offense against t 
 
 postal laws. 46 L.R.A. (N.S.) 936. 
 What constitutes a lottery within the poi 
 
 office laws. 52 L.R.A. (N.S.) 108. 
 
 § 12. Decoys. 
 
 Instigation fo offenses against postal la' 
 by sending decoy letter for purpose 
 detecting criminal as defense to proi 
 cution. 51 L.R.A. (N.S.) 827. 
 
 POSTPONEMENT. 
 
 In general, see Continuance. 
 
 Sufficiency of notice of postponement of 
 dicial sale. L.R.A.1915B, 640. 
 
 POVERTY. 
 
 In general, see Pooe and Pook Laws. 
 
 Public policy as related to vow of pover 
 by member of communistic society. 
 L.E.A.(N.S.) 459. 
 
 Begin with this hooTc on every laiv question. 
 
 ♦-•-♦ 
 
 POWDER. 
 
 See Explosions and Explosives. 
 
 •-•-• 
 
 POAVER OF ATTORNEY. 
 
 See Principal and Agent, § 8. 
 
INDEX TO NOTES. 
 
 475 
 
 POWERS. 
 
 % 1. Generally. 
 
 Power of sale by executor, see Exeoutoes 
 
 AND Administratoks, § 17. 
 Power of sale in mortgage, see Mortgage, 
 
 §§ 75, 77. 
 ■Of attorney, see Principal and Agent, III. 
 
 May power of sale be implied where chattel 
 mortgage gives no express power. 3 
 B. R. C. 921. . 
 
 § 3. Execntion. 
 
 Who, aside from donee or grantee expressly 
 
 named, may exercise power of sale 
 
 of real estate. 50 L.R.A.(N.S.) 
 
 604. 
 
 In general. 50 L.R.A.(N.S.) 604. 
 
 Coupled with an interest. 50 L.R.A. 
 
 (N.S.) 605. 
 Annexed to an office, or given ratione 
 
 officii. 50 L.R.A.(N.S.) 605. 
 Right of grantee or donee to delegate 
 
 power. 50 L.R.A. (N.S.) 605. 
 Less than all the grantees or donees 
 
 named. 50 L.R.A. (N.S.) 606. 
 Power of court or its appointee. 50 
 
 L.R.A.(N.S.) 606. 
 Administrator c. t. a. of grantor. 50 
 
 L.R.A. (N.S.) 609. 
 Executor or administrator of grantee. 
 50 L.R.A. (N.S.) 621. 
 May less than all the donees or grantees 
 named exercise the power of sale 
 of real estate. 50 L.R.A. (N.S.) 
 622. 
 Where all accept the trust. 50 L.R.A 
 (N.S.) 622. 
 While all hold office. 50 L.R.A. 
 
 (N.S.) 622. 
 By survivor. 50 L.R.A. (N.S.) 624 
 After resignation or removal of ont 
 or more. 50 L.R.A.(N.S.) 628. 
 Where less than all accept the trust. 
 50 L.R.A. (N.S.) 628. 
 When power of sale deemed to be coupled 
 with an interest. 50 L.R.A. (N.S.) 
 632. 
 As determined by the form of devise. 
 
 50 L.R.A.(N.S.) 633. 
 General principles. 50 L.R.A. (N.S.) 
 634. 
 As to title vesting in grantee or 
 
 donee. 50 L.R.A. (N.S.) 634. 
 As beneficial interest vesting in the 
 grantee or donee. 50 L.R.A. 
 (N.S.) 635. 
 As to interest of a third person vesting 
 in donee or grantee. 50 L.R.A. 
 (N.S.) 636. 
 When power of sale deemed annexed to the 
 office, or given ratione officii. 50 L.R.A. 
 (N.S.) 643. 
 Nonexclusive powers and illusory appoint- 
 iients. L.R.A.1916D, 498. 
 History of the doctrines in England. 
 
 L.'R.A.1916I>, 498. 
 The doctrines in the United States, 
 L.R.A.1916D, 503. 
 Consult also L.R.A.. Digests to date. 
 
 POWERS— cowfd. 
 
 § 4. — sufficiency of execution by 
 will. 
 
 May power of disposition be exercised by 
 will in absence of express provision 
 to that effect. L.R.A.1916C, 1046. 
 
 Disposal for purposes of maintenance, 
 support and comfort. L.R.A. 
 19160, 1046. 
 
 Disposal for use and benefit. L.R.A. 
 1916C, 1047. 
 
 Power to enjoy estate. L.R.A.1916C, 
 1047. 
 
 Right of disposal as devisee pleases, 
 sees fit, thinks best, deems expe- 
 dient, or may think right and 
 proper. L.R.A.1916C, 1048. 
 
 Right of disposition "without any re- 
 strictions whatever." L.R.A.1916C, 
 1049. 
 
 Power to devisee to use as mucli as he 
 wishes. L.R.A.1916C, 1049. 
 
 Power to manage, mortgage, rent, or 
 sell. L.R.A.1916C, 1049. 
 
 Power to dispose by gift, but not to 
 use. L.R.A.1916C, 1050. 
 
 Mere power to use and dispose. L.R.A. 
 1916C, 1050. 
 
 No specific grant of power, but re- 
 mainder limited to property 
 undisposed of. L.R.A.19160, 
 1050. 
 Disposal by will implied from 
 language. L.R.A.1916C, 1050 
 
 PRACTICE AND PROCEDURE. 
 
 As to civil cases, see Action or Suit ; Dam- 
 ages; Discovert and Inspection; 
 Pleading. 
 
 Of Federal courts, see Courts, § 36. 
 
 In criminal case, see Criminal Law, IV.; 
 Grand Jury; Indictment, etc. 
 
 As to evidence and trial, see Depositions; 
 Evidence; Trial; Witnesses. 
 
 Procedure under workmen's compensation 
 act. L.R.A.1916A, 271. 
 
 In action under Federal employers' liabil- 
 ity act. L.R.A.1915C, 79. 
 
 Practice under the Torrens Law. L.R.A. 
 1916D, 45. 
 
 PRECEDENCE. 
 
 See Priority. 
 
 PRE-EXISTING DEBT. 
 
 As consideration generally, see Contracts, 
 § 10. 
 
 May a corporation issue stocks or bonds in 
 payment of or as security for, under 
 statute prohibiting the issue except for 
 money, labor done, or property actual- 
 ly received. L.R.A.1916E, 57(). 
 
476 
 
 PBEFEKENCES. 
 
 By bankrupt, see BANKEtnPT, §§ 13-17. 
 By insolvent bank, see Banks, § 40. 
 Of preferred stock, see Coepoeations, § 74, 
 By insolvent generally, see Insolvenct, § 3 
 To surety, see Principal and Suebtt, § 20, 
 Eight to, see Peioeitt. 
 
 INDEX TO NOTES. 
 
 PREMIXTM NOTES. 
 
 See Insubancb, § 111. 
 
 * « » , 
 
 PREFERENTIAL VOTING. 
 
 Constitutionality of. L.R.A.1916B, 939. 
 
 PREFERRED STOCK. 
 
 See CoEPOEATioNS, §§ 74, 100-102. 
 
 PREGNANCY, 
 
 As element of damages for breach of prom- 
 ise. 43 L.E.A.(N.S.) 972. 
 
 Effect of, on amount of permanent alimony 
 on absolute divorce. 44 L.E.A. (N.S.) 
 1005. 
 
 As a, ground for divorce or annulment of 
 marriage. L.E.A.1916E, 650. 
 
 Admissibility of declarations as to pregnan- 
 cy made by one upon ivhom an abor- 
 tion is committed against others 
 charged with complicity therein. 
 L.E.A.1916C, 570. 
 
 PREJUDICE. 
 
 Effect of, to disqualify one to serve as com- 
 missioner or Juror in eminent domain 
 proceedings. 47 L.E.A. (N.S.) 151. 
 
 As affecting testamentary capacity. L.E.A. 
 1915A, 458. 
 
 PREJTTDICIAL ERROR. 
 
 See Appeal and Eeeoe, VIII. b. 
 
 # « » 
 
 PRELIMINARY INJUNCTION. 
 
 See Injunction, § 80. 
 
 » » » 
 
 PREMEDITATION. 
 
 As element oi homicide, see Homicide, § 8. 
 
 As element of offense of mayhem or maim- 
 ing. L.R.A.1916E, 494 
 
 PREMIUMS. 
 
 For insurance, see Insueiance, V. L 
 
 *-*-* 
 
 PRENATAL INJURY. 
 
 As ground of action. 45 L.R.A.(N.S.) 625. 
 
 PREREQUISITES. 
 
 See Conditions Peecedent. 
 
 PREROGATIVE ^WRITS. 
 
 In general, see Ceetioeaki; Habeas Coe- 
 pus; Injunction; Mandamus; Peohi- 
 BiTioN; Quo Waeeanto. 
 
 PRESCRIPTION. 
 
 § 1. Rights in real property by. 
 
 Adverse pos,session generally, see Adverse 
 
 Possession. 
 Acquisition of easement by, see Easements, 
 
 § 9. 
 Acquiring highway by, see Highways, § 5. 
 Prescriptive right to maintain nuisance, see 
 
 Nuisances, § 26. 
 
 PRESENCE. 
 
 Of accused, see Ceiminal Law, § 46. 
 
 When will deemed attested by the witness 
 in the presence of the testator. L.R.A. 
 1916C, 950. 
 
 PRESENTATION, 
 
 Of claims against decedent's estate, see Ex- 
 eoutoes and Administratoks, § 39. 
 
 Of claim against municipality, see Munici- 
 pal Corpoeations, I 103. 
 
 Of claim for damages, see Caeeiees, § 133; 
 Highways, § 106 ; Municipal Cokpora- 
 TIONS, § 103. 
 
 PRESENTMENT. 
 
 Of bill or note, see Bills and Notes, V. 
 In criminal case, see Ceiminal Law, § 35. 
 Begin with this hook on every law question. 
 
INDEX TO NbTES. 
 
 477 
 
 PRESIDENT. 
 
 Eight of president to make an ad interim 
 appointment to an office whose fixed 
 term expires before the senate's ad- 
 journment, where the incumbent is au- 
 thorized to hold over until his successor 
 is appointed. 46 L.E.A.(N.S.) 1202. 
 
 PRESIDENTIAL ELECTORS. 
 
 Presidential electors. 43 L.R.A.(N.S.) 282. 
 As Federal, state, or only quasi officers. 
 
 43 L.E.A.(N.S.) 283. 
 Discretion in voting. 43 L.E.A. (N.S.) 
 
 283. 
 Power to compel lovalty to party. 43 
 L.E.A.(N.S.) 284. 
 As to elections. 43 L.E.A. (N.S.) 
 
 284. 
 Ab to nominations. 43 L.E.A. 
 (N.S.) 287. 
 
 PRESTON'S TOLTI. 
 
 Judicial notice of intoxicating character of. 
 48 L.E.A.(N.S.) 316. 
 
 PRIMA FACIE EVIDENCE. 
 
 See Evidence, IIL 
 
 PRESUMPTION. 
 
 In general, see Evidence, III. 
 
 In aid of pleading to show character of 
 action. 50 L.E.A. (N.S.) 21. 
 
 PRICE. 
 
 Combination to control, see Monopolt and 
 
 Combinations, II. 
 Eates of public services corporations, see 
 
 Eates, § 2. 
 
 Measure of damages where one purchases 
 goods in reliance upon a misquotation 
 of price in telegram. 46 L.EA. (N.S.) 
 412. 
 
 Agreement to arbitrate question of. 47 
 L.E.A.(N.S.) 384. 
 
 Condition imposed by manufacturer as to 
 retail price, as binding upon retailer 
 purchasing from middleman. 3 B. R. 
 . C. 299. 
 
 False statement as to selling or market 
 price of property. L.E.A.1916F, 782. 
 
 Naming price as an offer to sell. L.E.A 
 1915F, 824. 
 
 PRIESTS. 
 
 See Eeliqiotjs Societies, § 6. 
 
 Consxitt also Tj.lt.A. Digests to date. 
 
 PRIMARY ELECTIONS. 
 
 See Elections, § 25. 
 
 PRINCIPAL AND AGENT. 
 
 /. In general, §§ 1—3. 
 H. The relation; revocation, §§ 4—7. 
 ///. Powers of attorney, §§ 8—10. 
 IT. Agent's authority; rights and lia- 
 bility of principal, §§ 11—31. 
 a. In general, §§ 11—21. 
 6. Agent's fraud or wrong, §§ 
 22, 33. 
 
 c. Undisclosed principal, §§ S4— 
 
 27. 
 
 d. Ratification, §§ 28—31. 
 
 V. Rights, duties, and liahilities of 
 agent, §§ 31a— 4=3. 
 a. In general, § 31a. 
 B. As to principal, §§ 32—39. 
 
 1. In general, § 32. 
 
 2. Fiduciary capacity; con- 
 
 flict of interests, §§ 33— 
 35. 
 8. Compensation; lien, §§ 
 
 30, 37. 
 4. Liability to principal, §§ 
 38, 39. 
 c. As to third persons, §§ 4:0—4:3. 
 
 I. In general. 
 
 § I. Generally. 
 
 Automobile distribution contract, see Auto- 
 mobiles, § 11. 
 
 Agents of banks, see Banks, IV. 
 
 Eight of bank to apply on debt due at de- 
 posit made by bank, see Banks, § 18. 
 
 Bonds for fidelity of agents, see Bonds, 
 II. c. 
 
 Eeal estate agents, see Beokebs. 
 
 Corporate agents, see Coepokations, VI. 
 
 Factors, see Factors. 
 
 Insurance agents, see Insueance, III. 
 
 Commission charged by lender's agent as 
 usury, see Usury, § 3. 
 
 Service on agent of corporation, see Writ 
 AMD Process, §§ 23, 25, 27. 
 
 Eight of receiver to take property from 
 possession of one holding as agent. 47 
 L.E.A.{N.S.) 754. 
 
 Effect of misconduct of agents on personal 
 liability of a trustee for losses to trust 
 estate from investments. 44 L.E.A. 
 (N.S.) 976. 
 
 Commissions charged by lender's agent as 
 usury. 46 L.E.A.(N.S.) 1157. 
 
478 
 
 INDEX TO NOTES. 
 
 PRINCIPAL AND AGENT, I.— cont'd. 
 § 3. Matters as to evidence. 
 
 Admissibility of reports by agent to em- 
 ployer to prove fact in issue. 47 L.K.A. 
 (N.S.) 830. 
 
 II. The relation; revocation. 
 
 § ^ Generally. 
 
 Agency of bank in collection of commercial 
 
 paper, see Banks, V. b. 
 Agency of wife for husband, see Husband 
 
 AND Wife, § 18. 
 
 Question whether automobile distribution 
 contract is one of agency or sale. 
 L.R.A.1915B, 110. 
 
 Question whether telegraph company is 
 agent of sender or addressee as affecting 
 right to recover damages resulting from 
 addressee acting upon message changed 
 during transmission. 51 L.R.A. (N.S.) 
 439. 
 
 Initial carrier as agent of connecting car- 
 rier so as to make contract of former 
 binding on the latter. 52 L.R.A. (N.S.) 
 861. 
 
 § 6. Revocation; termination. 
 
 Revocation of authority of brokers, see Bro- 
 kers, § 4. 
 
 Effect of revocation of authority on agent's 
 right to receive payment where security 
 is not in his possession. L.R.A.1916B, 
 860. 
 Dissolution of partnership authorized to act 
 as agent as terminating agency. L.R.A. 
 191 5C, 676. 
 Effect of agent's right to fee to prevent rev- 
 ocation of agency when the fee is 
 contingent on the performance of 
 certain acts. L.R.A.1915A, 639. 
 Revocation by statute. L.R.A. 1915A, 
 
 G38. 
 Sale by owner or others. L.R.A.1915A, 
 640. 
 Where contract is limited as to 
 
 time. L.R.A.1915A, 641. 
 After revocation in good faith. 
 L.R.A.1915A, 643. 
 Sales made by agent. L.R.A.1915A, 
 643. 
 Where contract is limited as io 
 
 time. L.R.A.1935A, 643. 
 Where principal refuses to com- 
 plete. L.R.A.1935A, 644. 
 Revocation before conclusion. L.R.A. 
 191 5A, 645. 
 Where contract is limited as to 
 time. L.R.A.1916A, 648. 
 
 § 7. — by death. 
 
 Effect of death on contract. 
 (N.S.) 349. 
 
 45 L.R.A. 
 
 ///. Powers of attorney. 
 
 § 8. Generally. 
 
 Conflict of laws as to power of attorney to 
 contract in relation to real property. 
 L.R.A.3916A, 1043. 
 Begin with this hooh. on every late question. 
 
 PRINCIPAL AND AGENT— cont'd. 
 
 IV. Agent's authority; rights and lit 
 bility of principal. 
 
 a. In general. 
 
 § 11. Generally. 
 
 Authority under power of attorney, E( 
 
 supra, § 8. 
 Powers of agents of banks, see Banks, § 1 
 Liability of corporation for acts of agen 
 
 see Corporations, § 38. 
 Authority of corporate agents, see Corporj 
 
 TIONS, VI. b. 
 Criminal responsibility for acts of agenti 
 
 see Criminal Law, § 29 ; Intoxicatin 
 
 Liquors, § 23. 
 Authority of insurance agent, see iNSni 
 
 ANCE, §. 19. 
 Authority of employee, see Master an 
 
 Servant, II. e. 
 Municipal liability for acts of agents, se 
 
 Municipal Corporations, V. g, 2. 
 Powers of officers, see Officers, III. a. 
 Authority of partner, see Partnership, § i 
 Authority to receive payment, see Pat 
 
 ment, § 16. 
 Admissibility of declarations of Agent, se 
 
 Evidence, § 234. 
 
 Effect of appointing agent on Sunday. 4 
 
 L.R.A.(N.S.) 140. 
 Liability of principal on contract negot 
 ated by agent having apparent author 
 ty, as affected by fact that agent acte 
 for his own interest. 5 B. R. C. 496. 
 Consent of agent of infant or iricompetei 
 to a license for the sale of intoxicatin 
 liquors. L.R.A.1916D, 819. 
 Relief from default judgment because c 
 failure of agent upon whom writ wa 
 served to notify defendant. L.R.i 
 1916E, 103. , 
 
 Authority of agent to borrow money fo 
 principal. L.R.A.1916C, 112. 
 Express authority. L.R.A. 1916C, 11: 
 Implied authority. L.R.A.1916C, 113. 
 When implied. L.R.A.1916C, 114. 
 Agent authorized to • mana^ 
 business. L.R.J 
 
 1916C, 114. 
 Ship's husband or maste 
 
 L.R.A.1916C, 115. 
 Mine superintenden 
 
 L.R.A.1916C, llfi 
 Agent authorized to buy pe: 
 sonal property. L.R.i 
 1916C, 117. 
 Agent authorized to see pe 
 sonal property. L.R../ 
 1916C, 117. 
 Officer of corporation. L.R.J 
 
 1916C, 117. 
 Banking corporation. L.R.J 
 
 1916C, 119. 
 Miscellaneous special agenoie 
 L.R.A.1916C, 122. 
 Construction of written authorit 
 L.R.A.]916C, 122. 
 
INDEX TO NOTES. 
 
 479 
 
 PRINCIPAL AND AGENT, IV. a.— cont'd. 
 
 Implied or apparent authority of agent or 
 
 employee to bind principal for 
 
 board or traveling expenses. L.E.A. 
 
 1916B, 754. 
 
 Board or hotel accommodation. L.E.A. 
 
 191GB, 754. 
 Eenting or hiring. L.E.A.19J6B, 755. 
 Miscellaneous cases. L.R.A.1918B, 757. 
 Waiver by agent of stipulation in building 
 contract that alterations or extras 
 must be ordered in writing. 48 L.E.A. 
 (N.S.) 581, 589, 594. 
 May a contract by an agent who exceeded 
 his authority be enforced against 
 the principal to the extent to which 
 it was authorized. 52 L.E.A. 
 (N.S.) 510. 
 Municipal contracts for a term exceed- 
 ing authority. 52 L.R.A.(N.S.) 
 512. 
 Liability of one party to a contract or 
 transaction to the other because of 
 bonus or commission allowed by the 
 former to the latter's agent. 49 L.E.A. 
 (N.S.) 101. 
 
 § 15. As to purchase or sale of prop- 
 erty. 
 
 Power of agent employed to sell real prop- 
 erty to bind his principal as to fixtures. 
 L.E.A.1915F, 634. 
 Implied or ostensible authority of an agent 
 for the sale of personal property 
 to warrant the same. L.R.A.1916C, 
 412. 
 Theories. L.R.A.1916C, 414. 
 
 That question is determined by 
 scope of agent's authority. 
 L.E.A.1916C, 414. 
 That question is determined by 
 whether warranty is usu- 
 al. L.E.A.19ieC, 415. 
 Method of determining what 
 sales are usually made 
 with a warranty. L.R.A. 
 3916C, 418. 
 That the agent is presumed to have 
 authority to warrant in sales 
 of personal property. L.E.A. 
 19160, 419. 
 Rule stated as an absolute one that 
 agent has authority to war- 
 rant. L.E.A.1916C, 420. 
 Distinction between general and special 
 
 agents. L.E.A.19ieC, 424. 
 Sales of goods designed for a particular 
 purpose and sales by sample. 
 L.E.A.1916C, 426. 
 Authority to make warranties implied 
 
 by law. L.R.A.1916C, 426. 
 Authority implied from form of con- 
 tract. L.R.A.1916C, 427. 
 Time of making warranties. L.E.A. 
 
 1916C, 427. 
 Effect of limitations upon the agent's 
 authority. L.R.A.1916C, 428. 
 Authority of agent to waive conditions in 
 contract of sale limiting warranty. 50 
 L.E.A.(N.S.) 799. 
 Consult also L.R.A. Digests to date. 
 
 PRINCIPAL AND AGENT, IV. &— cont'd. 
 § 16. As to commercial paper. 
 
 Authority of corporate agents as to, see COE- 
 
 POKATIONS, § 45. 
 
 Of partner, see Paetneeship, § 9. 
 
 Alteration of instrument by agent of holder 
 as affecting right to recover thereon 
 L.E.A.1916F, 293. 
 
 § 17. — execution, of. 
 
 Eight of innocent payee to recover on a 
 note signed in blank and intrusted to 
 a third person who exceeds his authori- 
 ty in filling up blanks before delivery 
 to payee. L.E.A:1915B, 144. 
 Terms within the special authority of agent 
 
 to give paper for loan. L.E.A. 
 
 1916C, 135. 
 Amount. L.E.A.1916C, 135. 
 Time. L.E.A.1916C, 135. 
 Eate of interest. L.E.A.1916C, 136. 
 Place of payment. L.E.A.1916C, 136. 
 Waiver of exemptions. L.R.A.1916C, 
 
 136. 
 Nature of principal's liabilitv. L.E.A 
 
 1916C, 137. 
 Form of paper. L.E.A.1916C, 137. 
 Purpose of paper. L.E.A.1916C, 138. 
 Consideration. L.E.A.1916C, 138. 
 Lender. L.E.A.1916C, 139. 
 
 § 18. — indorsement or transfer of. 
 
 Dealing with agent as circumstance putting 
 purchaser of negotiable paper on in- 
 quiry. 44 L.E.A.(N.S.) 395. 
 
 Estoppel to contest commercial paper by 
 representations of agent to prospective 
 purchaser. 50 L.R.A. (N.S.) 1028. 
 
 § 19. As to collection of debt. 
 
 Agent's authority to receive payment, see 
 Payment, § 16. 
 
 Liability of principal for malicious prose- 
 cution, false arrest, or false im- 
 prisonment by agent authorized 
 to collect a debt. 51 L.E.A. (N.S.) 
 471. 
 Partner as agent. 51 L.E.A. (N.S.) 473 
 Attorney. 51 L.R.A. (N.S.) 474. 
 
 § 20. Liability for torts. 
 
 Liability of agent, see infra, § 42. 
 
 Liability of charitable society for negligence 
 of agents or employees, see Charities, 
 § 12. 
 
 Criminal responsibility for sales of intoxi- 
 cating liquor by agent, see Intoxicat- 
 ing LiquoBS, § 23. 
 
 As to master's liability for tort of servant, 
 see Mastee and Servant, IV. 
 
 Liability of partnership or corporation for 
 tort committed by partner or agent 
 with the object of procuring business. 
 5 B. E. C. 88. 
 
 Liability of principal for fraud perpetrated 
 by agent acting within apparent scope 
 of his authority, but for his own bene- 
 fit. 5 B. R. C. 526. 
 
480 
 
 INUliX TO NOTES. 
 
 PRINCIPAL AND AGENT, IV. a.— cont'd. 
 
 Liability of telegraph company for trans- 
 mission or delivery of forged message 
 by its agent. L.R.A.10T5A, 123. 
 
 Liability of principal for assault by agent 
 in collecting debts. 51 L.K.A.{N.S.) 
 920. 
 
 6. Agent's fraud or wrong. 
 
 § 22. Generally. 
 
 Liability of corporation transferring stock 
 
 on books at request of agent of owner. 
 
 45 L.E.A.(N.S.) "1079. 
 Fraud or false swearing by agent of insured 
 
 in making proofs of loss. 52 L.R.A. 
 
 (N.S.) 1074, 
 
 c. Undisclosed principal. 
 
 § 25. Rights of. 
 
 Right of defendant in action by undisclosed 
 principal on contract made by the 
 agent, to avail himself of defenses 
 that would have been available in 
 an action by the agent in his own 
 right on the contract. L.RA. 
 1916A, 1213. 
 
 Defenses generallv. L.R A.1916A, 1213. 
 
 Set-oflf. L.R.A.1916A, 1214. 
 
 Payment to agent. L.R.A.1916A, 1215. 
 
 Effect of notice of agency. L.R.A. 
 1916A, 1215. 
 
 § 26. Liability o*. 
 
 Liability of agent, see infra, § 43. 
 
 Liability of undisclosed principal of bidder 
 at judicial sale for purchase price, 
 or for deficiency upon resale of prop- 
 erty. 46 L.E.A.(N.S.) 887. 
 
 d. Ratification. 
 
 § 28. Generally. 
 
 Ratification of acts of corporate agent, Bee 
 
 COKPOBATIONS, § 34. 
 
 Imputing notice of agent to principal, see 
 Notice, §§ 14, 15. 
 
 Liability of husband for necessaries fur- 
 nished wife while living with him by 
 reason of ratification. 47 L.R.A. (N.S.) 
 282. 
 
 Ratification by master of act of servant so 
 as to render former liable to exemplary 
 damages. 48 L.R.A.(N.S.) 54, 57. 
 
 § 30. 'What constitutes. 
 
 What will constitute an implied ratifica- 
 tion of an unauthorized loan effected 
 by an agent. 52 L.R.A.(N.S.) 571. 
 
 PRINCIPAL AND AGENT— cont'd. 
 
 T. Rights, 
 
 liabilities of 
 
 duties, and 
 agent. 
 
 a. In general. 
 
 § 31a. Generally. 
 
 Right of agent to notice to redeem from tax 
 sale. 44 L.R.A. (N.S.) 676, 680. 
 
 b. As to principal. 
 1. In general. 
 
 § 32. Generally. 
 
 Duties and liabilities of brokers, see Brok- 
 ers, § 5. 
 
 Right of agent to transfer his authority or 
 contract to a corporation organized bv 
 him. L.R.A.1916F, 89. 
 
 Right of agent to be reimbursed for fines 
 or penalties paid for violation of law 
 in principal's interest. 45 L.R.A. 
 (N.S.) 788. 
 
 2. fiduciary capacity; conflict of in- 
 terests. 
 
 § 33. Generally. 
 
 Fiduciary relation between attorney and 
 client, see Attoeneys, § 10. 
 
 Fiduciary relation between corporation and 
 its agents, see Corporations, § 50. 
 
 § 34. Purchase or lease by agent in 
 his oivn name. 
 
 Eight of agent to purchase or lease in liis 
 own behalf property which he was 
 under no duty to purchase or lease for 
 his principal. 47 L.R.A. (N.S.) 567. 
 
 3. Compensation; lien. 
 
 § 36. Compensation. 
 
 Of broker, see Brokers, II. 
 Of corporate agents, see Corporations, § 49. 
 Compensation of officers, see Officers, III. 
 b. 
 
 Validity of agreement oi which compensa- 
 tion is dependent on success in procur- 
 ing contract with public oflicer or 
 board. L.R.A.191oC, 823. 
 
 Efi'ect of agent's right to fee to prevent rev- 
 ocation of agency when the fee is ooii- 
 tingent on the performance of certain 
 acts. L.R.A.1915A, 639. 
 
 Right of one employed on commission to re- 
 cover for loss of profits where employ- 
 ment is unlawfully terminated. L.R.A. 
 1916B, 872. 
 
 i. Liability to principal. 
 
 § 31. Effect of. 
 
 Effect of ratification of alteration of instru- 
 ment by agent of holder. L.R.A.1916F; 
 
 303. ' Corporations, § 59. 
 
 Begin with this booTc on every late question. 
 
 § 38. Generally. 
 
 Liability of bank making collections, see 
 I Banks, §§ 33, 33a. 
 
 Liability of directors to corporation, see 
 
INDEX TO NOTES. 
 
 481 
 
 PRINCIPAL AND AGENT, V. b, i—oonfd. 
 Liability of insurance agent to company 
 
 for failure to follow instructions. 
 
 L.E.A.1915A, 860. 
 
 c. As to third persons. 
 
 § 40. Generally 
 
 Liability of bank directors, see Banks, § 7. 
 
 Liability of corporate agents, see Corpoba- 
 TioNS, VI. e. 
 
 Liability of insurance agent, see Insubance, 
 § 22. 
 
 Liability of servant, see Master and Serv- 
 ant, §§ 196, 197. 
 
 Liability of officers, see Officers, III. c. 
 
 Recovery back of money paid to agent, see 
 Assumpsit, § 6. 
 
 Right of agent to bring action, see Parties, 
 ' § 10. 
 
 Liability of agent in case license tax is not 
 paid by employer. L.R.A.1915A, 106. 
 
 § 41. On contract. 
 
 Personal liability of committee appointed 
 at public meeting for services or sup- 
 plies. 51 L.R.A.(N.S.) 406. 
 
 Right of agent to show that a contract 
 signed by him apparently as obligor 
 was not to be delivered until ivords in- 
 dicating representative capacity had 
 been added to his signature. L.R.A. 
 1915A, 590. 
 
 ^ 42. For torts or negligence. 
 
 Liability of principal, see supra, § 20. 
 
 Liability of an agent to third persons for 
 
 his own negligence or nonfeasance. 
 
 L.R.A.1916F, 570. 
 Liability of agent to true owner for selling 
 or disposing of property intrusted 
 to him by his principal. 50 L.R.A. 
 (N.S.)52. 
 
 Rule as to factors, brokers, and com- 
 mission merchants. 50 L.R.A. 
 (N.S.) 55. 
 
 Where agent does not take manual pos- 
 session of the property. 50 L.R.A. 
 (N.S.) 57. 
 
 Recording mortgage as notice to agent. 
 50 L.R.A. (N.S.) 58. 
 
 Wliere property sold is negotiable or 
 nonnegotiable instrument. 50 
 L.R.A.(N.S.) 58. 
 
 % 43. Agent of undisclosed principal. 
 
 Liability of principal, see supra, § 26. 
 
 Right of agent to show that a contract 
 signed by him apparently as obligor 
 was not to be delivered until words in- 
 dicating representative capacity had 
 been added to his signature. L.R.A. 
 1915A, 590. 
 Personal liability of one known to be an 
 agent for an undisclosed principal. 
 47 L.R.A.(N.S.) 232. 
 Scope. 47 L.R.A.(N.S.) 232. 
 General rule. 47 L.R.A. (N.S.) 232. 
 Consult also L.B.A. Digests to date. 
 
 PRINCIPAL AND AGENT, V. c— cont'd. 
 The question of notice. 47 L.R.A. 
 
 (N.S.) 235. 
 English cases. 47 L.R.A.(N.S.) 236. 
 Miscellaneous. 47 L.R.A.(N.S.) 238. 
 
 PRINCIPAL AND SURETY. 
 
 /. In general, §§ 1, 3. 
 II. Existence of relation; power to act 
 as surety, §§ 3, 4. 
 III. Liahtlities and defenses, §§ 5—18. 
 a. In general, §§ S—9. 
 ft. Release or discharge, §§ 10— 
 18. 
 IV. Rights and remedies of surety, §§ 
 19-39. 
 a. In general, §§ 19—21. 
 6. As to creditors, §§ 32-36. 
 d. Between cosureties, § 39. 
 
 I. In general, 
 
 § 1. Generally. 
 
 Surety on bail bond, see Bah, and Recog- 
 nizance, § 8.' 
 
 As to bonds, generally, see Bonds. 
 
 As to guaranty, see Gtjakantt. 
 
 Subrogation to rights of surety, see Subro- 
 gation, § 6. 
 
 II. Existence of relation; power to act 
 as surety. 
 
 g 3. Existence of relation. 
 
 Application of principal and surety rule as 
 to creditors on assumption of debts at 
 dissolution of partnership. 48 L.R.A. 
 (N.S.) 552. 
 
 § 4. Power to act as surety. 
 
 Of married woman, see Husband and Wife, 
 §§ 16, Vi- 
 lli. Liabilities and defenses, 
 a. In general. 
 
 § 5. Generally. 
 
 Liability on appeal bond, see Appeal and 
 
 Erbob, § 46. 
 On bail bond, see Bail and Recognizance, 
 
 § 8. 
 On contractor's bond, see Bonds, II. b. 
 On fidelity bonds, see Bonds, II. c. 
 On official bonds, see Bonds, II. d. 
 On bond of executor or administrator, see 
 
 Executors and Administrators, § 26. 
 On bond of guardian, see Guardian and 
 
 Ward, § 13. 
 Liability of guarantor, see Guaranty. 
 
 Necessity of new consideration to bind 
 third person who signs as surety after 
 execution and delivery of original con- 
 tract by principal. 44 L.R.A. (N.S.) 
 481. 
 
 Is conveyance by surety within statute as 
 to fraudulent conveyances. 47 L.R.A. 
 (N.S.) 322. 
 
 43— ']6r. 
 
 31 
 
482 
 
 INDEX TO NOTES. 
 
 PRINCIPAL AND SURETY, 111.— cont'd. 
 6. Release or discharge. 
 
 § 10. Generally. 
 
 On bail bond, see Bail and Recognizance, 
 
 § 8. 
 Of indorser of note, see Bills and Notes, 
 
 § 57. 
 Of guarantor, see Guaeantt, II. d. 
 
 Effect of discharge of surety on right of 
 
 obligee to be subrogated to security 
 
 held by surety. L.R.A.1916C, 1082. 
 
 Compromise or consent to afSrmance as 
 
 affecting liability of surety upon appeal 
 
 bond. 43 L.R.A.(N.S.) 1040. 
 
 Release by creditor of partner assuming 
 
 debts on dissolution of partnership. 48 
 
 L.R.A.(N.S.) 553. 
 
 Dischargp of surety on fidelity obligation 
 
 by failure of employer to discover 
 
 delinquency or to notify surety 
 
 thereof within the time specified in 
 
 the obligation. L.E.A.1916F, 715. 
 
 Concealment of defalcation. L.R.A. 
 
 1916F, 715. 
 Immediate notice alid similar provi- 
 sions generally. L.R.A.1916P, 715. 
 Suspicion of defalcation. L.R.A. 1916F, 
 
 719. 
 Miscellaneous. L.R.A.1916F, 722. 
 
 § 11. Payment by principal. 
 
 Release of surety on building contractor's 
 bond by making payments not au- 
 thorized by contract. L.R.A.1915B, 
 407. 
 Failure to retain percentage of price 
 
 as required. L.E.A.1915B, 407. 
 Architects' estimates and bills or re- 
 ceipts for labor and materials. 
 L.R.A.1915B, 409. 
 Failure to obtain as required. 
 
 L.R.A.1915B, 409. 
 Overestimates of falsified bills or 
 receipts. L.R.A.1915B, 411. 
 Loans and advancements. L.E.A.1915B, 
 
 412. 
 Effect on rights of laborers or materi- 
 almen. L.R.A.1915B, 413. 
 
 § 15. By extension of time of pay- 
 ment. 
 
 Release of indorser of note, see Bills and 
 Notes, § 57. 
 
 Liability of original mortgagor or interme- 
 diate grantee who ha,s , assumed the 
 mortgage, as affected by extension of 
 time given his grantee by the mort- 
 gagee. 5 B. R. C. 633. 
 Reservation of rights against party second- 
 arily liable on a bill or note upon 
 granting extension of time to party 
 primarily liable, as preventing dis- 
 charge of former. 46 L.R.A. (N.S.) 
 92. 
 Necessity for notice to party second- 
 
 PRINCIPAL AND SURETY, III. b— cont'd. 
 
 Effect of extension of time by creditor oo 
 assumption of debts on dissolution of 
 partnership. 48 L.R.A. (N.S.) 554. 
 
 Agreement to extend time for payment, con- 
 ditional upon surety's consent, as a re- 
 lease of the surety. L.R.A.1915C, 831. 
 
 IV. Rights and remedies of surety, 
 a. In general. 
 
 §19. Generally. 
 
 Subrogation of sureties, see Subeogation, g 
 5. 
 
 § 20. Preference to, and priority ot,^ 
 surety. 
 
 Payment of debt by bankrupt as a prefer- 
 ence to a surety therefor. 45 L.R.A. 
 (N.S.) 1068. 
 
 § 21. Indemnity to surety. 
 
 Validity of contract by married woman in- 
 capable of binding herself as surety to 
 indenmify one against liability as sure- 
 ty for a third person. L.R.A.1915B,. 
 1116. 
 
 Right of surety who gives his personal ob- 
 ligation for debt to enforce indemnity 
 from principal. L.R.A.1915A, 899. 
 
 6. As to creditors. 
 
 § 26. Set-off. 
 
 Right of surety or principal to avail him- 
 self of claim of latter against 
 plaintiff as a defense or counter- 
 claim. 43 L.E.A.(N.S.) 977. 
 Where surety and principal sued joint- 
 ly. 43 L.R.A.(N.S.) 978. 
 When surety sued alone. 43 L.E.A. 
 
 (N.S.) 978. 
 In equity. 43 L.R.A. (N.S.) 979. 
 Eight of surety to offset obligation a* 
 against assignee of a debt due from 
 him to the principal. 46 L.E.A.(N.S.) 
 62. 
 Right of surety to set off his individual 
 claim against insolvent creditor where 
 the principal is solvent. 50 L.E.A. 
 (N.S.) 167. 
 
 d. Between cosureties. 
 
 § 29. Generally. 
 
 Contribution between, see Contribution, § 
 6. 
 
 Judgment in favor of one or more sureties 
 and against others in action by obligee- 
 as res judicata between sureties. 61 
 L.R.A.(N.S.) 797. 
 
 PRINTING. 
 
 1. Generally. 
 
 arily liable. 46 L.R.A. (N.S.) 93. Typewritten matter as written or as print- 
 Reason for rule. 46 L.R.A. (N.S.) 93. ed matter. L.R.A.1915D, 1084. 
 Begin with this boolc on every law question. 
 
INDEX TO NOTES. 
 
 483 
 
 PRIOR APPROPRIATION. 
 
 See Waters, § 
 
 PRIORITY. 
 
 § 1. Generally. 
 
 Of assignment, see Assignment, § 13. 
 
 Of lien of attachment, see Attachment, § 8. 
 
 Of rights in funds of bankrupt, see Bank- 
 KUPTCY, § 12. 
 
 Of chattel mortgage, see Chattel Mobt- 
 GAGE, § 27. 
 
 In case of garnishment, see Garnishment, 
 § 18. 
 
 Of claims against insolvent, see Insolvency, 
 IV. b. 
 
 Of judgment lien, see JtrDGMENT, § 61. 
 
 Of lien generally, see Liens, IV. 
 
 Of mortgage on real estate, see Mortgage, 
 III. 
 
 Of tax over other liens, see Taxes, § 89. 
 
 Of vendor's lien, see Vendor and Purchas- 
 er, § 32. 
 
 Loss of priority of execution, see ExECtr- 
 
 TION, § 13. 
 
 Loss of priority under levy, see Levy and 
 
 Seizure, § 15. 
 Giving of preferences, see Pbefbbences. 
 Prior rights in water, see Waters, § 89. 
 
 Of right to establish and operate ferry. 
 L.R.A.1916D, 833. 
 
 In payment on withdrawal from loan asso- 
 ciation. 49 L.R.A.(N.S.) 1136. 
 
 Claim for funeral expenses. 52 L.R.A. 
 (N.S.) 1157. 
 
 § 3. Of claims by or against govern- 
 ment. 
 
 Common-law priority of state or United 
 States in payment from assets of debt- 
 or. 46 L.K.A.(N.S.) 260. 
 
 PRIOR OFFENSE. 
 
 Enhancing punishment in case of, see Crimi- 
 nal Law, § 83. 
 
 <«» 
 
 PRISON. 
 
 See Jails and Prisons. 
 
 «-.-♦ 
 
 PRISON BREACH. 
 
 See Jails and Prisons, § 6. 
 
 PRISONERS. 
 
 See also Convicts. 
 
 Liability of public for services of physicians 
 
 or surgeons rendered prisoners. 50 
 
 L.R.A.(N.S.) 1223. 
 Consult also L.R.A. Digests to date. 
 
 PRIVACY. 
 
 Right of action for use of photograph or 
 
 name for advertising purposes. L.E.A. 
 
 1915C, 839. 
 Right to take or retain in rogues' gallery 
 
 picture of one accused of crime. L.K.A. 
 
 1916A, 743. 
 
 PRIVATE ACTION. 
 
 § 1. In general. 
 
 Injunction by private person, see Injunc- 
 tion. 
 
 By one injured by nuisance, see Xujsa^ces, 
 §§ 22, 25. 
 
 Special damage from awning or structure 
 overhanging street which will sustain 
 action by private person to abate or en- 
 join it as a nuisance. 48 L.R.A. (N.S.) 
 173. 
 
 Rights of private persons to contest the 
 power of a corporation to take or hold 
 property. 44 L.R.A. (N.S.) 544; 46 
 L.R.A.(N.S.) 72. 
 
 § Z. Violation of ordinance. 
 
 For violation of ordinance as to obstruction 
 of crossing by train. 47 L.R.A. (N.S.) 
 821. 
 
 Violation of ordinance relating to explosives 
 as a ground of private action. 48 
 L.R.A.(N.S.) 876. 
 
 Liability of one who sells dangerous instru- 
 mentalities to child in violation of or- 
 dinance for injury inflicted thereby up- 
 on child or third person. L.R.A. 191. 5C, 
 460. 
 
 § 3. Violation of statute. 
 
 Private action for violation of statute not 
 expressly conferring it. L.R.A. 
 1915E, 500. 
 The rise of a cause of action out of the 
 violation of a statute. L.R.A. 
 1915E, 502. 
 Ground of action for injury due to 
 violation of statute. L.R.A.1915E, 
 506. 
 The purpose of the violated statute. 
 
 L.R.A.1915E, 510. 
 Beneficiaries of violated statutes. 
 
 L.R.A.1915E, 512. 
 Causal relation to injuries of violations 
 
 of statutes. L.R.A.1915E, 516. 
 Contributing negligence of persons in- 
 jured by violations of statutes. 
 L.R.A.1915E, 520. 
 Assumption of risk in cases of violated 
 
 statutes. L.R.A.1915E, 526. 
 Actions against railroads for neglecting 
 statutory duties. L.R.A. 
 1915E, 533. 
 The duty to signal approach of 
 trains to highway crossings. 
 L.R.A.1915E, 533. 
 :'. . Duties at crossings. L.R.A.1915E, 
 535. 
 
484 
 
 INDEX TO NOTES. 
 
 PRIVATE ACTION— cont'd. 
 
 Duty of blocking frogs, switches, 
 and crossings. E.E.A.IQISE, 
 537. 
 Duty to equip rolling stock with 
 safety hand and footholds. 
 L.R.A.1M5E, 537. 
 Duties at stations. L.R.A.IOISE, 
 
 538. 
 Limitations on speed. L.R.A. 
 
 1915E, 538. 
 Headlights at night. L.R.A.1915E, 
 
 538. 
 Duty to fence tracks. L.R.A. 
 
 1915E, 539. 
 Duty to build and maintain cattle 
 
 guards. L.R.A.1915E, 539. 
 Duty to construct culverts. L.R.A. 
 1915E, 539. 
 Actions based on violation of statutes 
 requiring spark arresters on en- 
 gines. L.R.A.1915E, 539. 
 Actions based on violation of statutes 
 regulating use of motor vehicles. 
 L.R.A.1915E, 540. 
 Actions based on violation of naviga- 
 tion laws. L.R.A.1915E, 541. 
 Actions for violation of statutes relat- 
 ing to buildings. L.R.A.1915E, 
 541. 
 Neglect to guard elevators and 
 their shafts, well-holes and 
 other floor openings. L.R.A. 
 191 5E, 541. 
 Duty to equip buildings with fire- 
 escapes. L.R.A.1915E, 544. 
 Duty to light halls and stairways. 
 L.R.A.1915E, 545. 
 Actions for violation of factory acts. 
 
 L.R.A.1915E, 547. 
 Actions for violation of statutes pro- 
 hibiting child labor. L.R.A.1915E, 
 554. 
 Actions for violation of statutes regu- 
 lating mining. L.R.A.1915E, 557. 
 Actions for violation of statutes regu- 
 lating sales of commodities inimi- 
 cal to public welfare. L.R.A. 
 1915E, 560. 
 Action for violating statute designed to 
 promote safety of seabathers. 
 L.R.A.1915E, 5G1. 
 Action for violating statute regulating 
 the harvesting of ice. L.R.A. 
 1915E, 561. 
 Actions for violating penal statutes. 
 
 L.R.A.1915E, 561. 
 Conclusion. L.R.A.1915E, 562. 
 For violation of statute as to obstruction of 
 crossing by train. 47 L.R.A. (N.S.) 
 821. 
 Violation of statute relating to explosives 
 as ground of private action. 48 L.R.A. 
 (N.S.) 876. 
 Liability of one who sells dangerous instru- 
 mentalities to child in violation of stat- 
 ute for injury inflicted thereby upon 
 child or third person. L.R.A.1915C, 
 460. 
 
 PBIVATE CABBIEBS. 
 
 Railroad companies as, in drawing special 
 trains or special cars. 48 L.R.A. (N.S.) 
 990. 
 
 Liability of, under special terms of con- 
 tract for care or return of property 
 intrusted to them. L.R.A.1915B, 305. 
 
 PBIVATE ENTEBFBISE. 
 
 Right of municipal corporation to engage 
 in, see Municipal Coepoeations, § 16. 
 
 PBIVATE HOSPITAL. 
 
 See Hospitals. 
 
 PBIVATE INTEBNATIONAL LAW. 
 
 See Conflict op Laws. 
 
 PBIVATE PUBPOSES. 
 
 Public purpose, see Eminent Domain, II. 
 d. 
 
 PBIVATE BAILBOADS. 
 
 Applicability to, of statutes abrogating or 
 modifying the fellow-servant rule as to 
 railroads. 45 L.R.A. (N.S.) 841. 
 
 PBIVATE SCHOOLS. 
 
 Power to exercise eminent domain for pur- 
 pose of. 48 L.E.A.(N.S.) 491. 
 
 PBIVATE WAY. 
 
 Private way over land of another, see Ease- 
 ments. 
 
 PBIVILEGE. 
 
 Privileges and immunities of citizens, see 
 Constitutional Law, VIII. 
 
 Against self-incrimination, see Ckiminal 
 Law, § 49. 
 
 As to confidential communications, gener- 
 ally, see Evidence, XI. b. 
 
 As to libel and slander, see Libel and 
 Slander, III. e. 
 
 Of witnesses, generally, see Witnesses, § 
 40. ■ 
 
 From service of process, see Wbit and Proc- 
 ess, II. d. 
 
 Segin with this 'boole on every law question. 
 
INDEX TO NOTES. 
 
 485 
 
 PRIVILEGED COMIffUNICATIONS. 
 
 See Evidence, XI. b.; Libel and Slander, 
 ni. e. 
 
 PRIZE. 
 
 When property on land may be subject of 
 maritime prize. 5 B. R. C. 957. 
 
 Rights of lien holders as to captured prop- 
 erty. 5 B. R. C. 1002. 
 
 Liability of insurer of vessel or cargo "war- 
 ranted free from capture." 5 B. R. C. 
 74. 
 
 Liability of insurer under policy of marine 
 insurance for losses arising out of state 
 of war. 5 B. R. C. 4. 
 
 Conclusiveness of decision of prize court as 
 to contraband character in determining 
 effect of carriage of contraband upon 
 marine insurance. 5 B. R. 0. 58. 
 
 PRIZE FIGHT. 
 
 Prohibition of importation of prize light 
 moving picture films. L.R.A.1916C, 
 
 228. 
 
 PRIZE FIGHTER. 
 
 Refusal of innkeeper to accept or serve 
 prize fighter as a guest. 52 L.R.A. 
 (N.S.) 744. 
 
 PROBABLE CAUSE. 
 
 For prosecution, see Malicious Prosecu- 
 tion, § 6. 
 
 As question for court or jury, see Trial, 
 § 3. 
 
 ♦ « » 
 
 PROBATE. 
 
 Of will, see Wills, III. 1. 
 
 PROBATE COURTS. 
 
 See Courts, § 34. 
 
 *«» 
 
 PROCEEDS. 
 
 Of foreclosure, see Mortgage, § 83. 
 
 PROCESS. 
 
 Service of, see Writ and Process. 
 
 Consult also L.B.A. Digests to date. 
 
 PROCESS— cowt'd. 
 
 Right to protection in use of terms descrip- 
 tive of a process. L.R.A.1916E, 633. 
 
 #»» 
 
 PRODUCTION OF DOCUMENTS. 
 
 See Discovert and Inspection, § 3. 
 
 ♦ «» 
 
 PROFANITY. 
 
 Use of profane or offensive language while 
 upon one's own premises as an offense. 
 49 L.R.A.(N.S.) 9] 9. 
 
 Good motive as affecting criminal charge 
 involving profane language or litera- 
 ture. L.R.A.1916B, 1121. 
 
 PROFESSION. 
 
 Libel or slander a.ffecting, see Libel and 
 Slander, III. c. 
 
 What is a "profession" within exemption 
 laws. L.R.A.1915F, 916. 
 
 PROFESSIONAL MEN. 
 
 Libel or slander of, see Libel and Slander, 
 III. 0. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of profession as af- 
 fected by its territorial scope. L.R.A. 
 1916C, 626. 
 
 PROFESSIONAL SERVICES. 
 
 Conclusiveness of the testimony of experts 
 as to the value of. 45 L.R.A. (N.S.) 
 181. 
 
 Husband's liability for professional serv- 
 ices furnished wife. 47 L.R.A. (N.S.) 
 279. 
 
 PROFITS. 
 
 Loss of, as element' of damages, see Dam- 
 ages, III. u. 
 
 Treatment of profits of contractors and pro- 
 moters as part of overhead charges in 
 public service property valuations. 48 
 L.R.A.(N.S.) 1041, 1048. 
 
 Duty of municipal officer to account for 
 profits made in transaction with munic- 
 ipality. 48 L.R.A.(N.S.) 842. 
 
 Duty of partner to account for profits real- 
 ized from transactions independently of 
 firm. 52 L.R.A. (N.S.) 389. 
 
486 
 
 INDEX TO NOTES. 
 
 PROHIBITION. 
 
 § 1. Generally. 
 
 Of sale of liquor, see Intoxicating Liquobs, 
 §§ 2, 3. 
 
 § 2. W^hen lies. 
 
 To prevent receiver from taking property 
 from possession of stranger. 47 L.II.A. 
 
 (N.S.) 757. 
 
 PROJECTED STORY. 
 
 Extension of, beyond line as violation of 
 building restriction. 52 L.R.A. (N.S.) 
 1051. 
 
 PROMISE. 
 
 In general, see Contbacis. 
 
 Landlord's promise to repair, see Landlord 
 
 AND Tenant, § 17a. 
 As affecting statute of limitations, see 
 
 Limitation op Actions, §§ 68-71. 
 Master's promise to repair or remove cause 
 
 of danger, see Mastee and Sebvant, 
 
 §§ 119, 130. 
 
 Voluntariness of confession induced by. 50 
 L.R.A.(N.S.) 1086. 
 
 ♦-►♦ 
 
 PROMISE OF MARRIAGE. 
 
 Breacli of, see Bbeach of Pbomise. 
 
 ♦-»-♦ 
 
 PROMISSORY NOTES. 
 
 See Bills and Notes. 
 
 PROMOTERS. 
 
 Of corporations generally, see Coepoea- 
 TIONS, VII. 
 
 Allowance for promoters' profits in estimat- 
 ing value of public service property, 48 
 L.R.A. (N.S.) 1048. 
 
 PROMPTNESS. 
 
 As condition of rescission of contract, see 
 Contracts, § 155. 
 
 PROOFS OF LOSS. 
 
 See Insurance, VIII. a. 
 
 PROPERTY. 
 
 PROOF. 
 
 § 5. Injury to. 
 
 Destruction of, see Desteuction, §§ 2, 3. 
 See Evidence. Loss of, see Loss. 
 
 Begin with this hook on every la%v question. 
 
 § 1. Generally. 
 
 Of infant, see Infants, IV. 
 
 Property rights of corporation, see Coepc 
 
 eations, §§ 26, 26a. 
 Property rights of municipality, see Mr 
 
 NiciPAL Corporations, V. f. 
 Public property, see Public Pbopeety. 
 Valuation of property of public service coi 
 
 porations, see Public Service Cobpoea 
 
 TIONS, § 5. 
 Of railroad company, see Raileoads, IV. 
 Real property, see' Real Propebtt. 
 Of religious society, see Religious Socie 
 
 TIES, § 3. 
 Of school district, see Schools, § 29. 
 Protection of rights in, see Constitutionaj 
 
 Law, VIII. f. 
 Payment for corporate stock by, see Coepo 
 
 RATIONS, § 81a. 
 Condemnation of, see Eminent Domain. 
 Obtaining by false pretenses, see Falsi 
 
 Pretenses. 
 Insurance on, see Insurance. 
 Loss of, see Loss. 
 Taxation of, see Taxes. 
 
 Doctrine as to possibility of issue extinci 
 
 as affecting property rights. 48 L.R.A 
 
 (N.S.) 865,. 
 Trial of right to property in proceeding! 
 
 instituted by search warrant. 46 L.R.A 
 
 (N.S.) 970. 
 
 § 2. Property right in various kinds 
 of property. 
 
 Of husband and wife, see Husband ani 
 
 Wife, IV. 
 Of incompetent person, see Incompetbni 
 
 Persons, VI. 
 
 Property rights in trees on or overhanging 
 
 boundary line. 46 L.R.A. (N.S.) 3. 
 Title and right to escaped inanimate prop 
 
 erty. 43 L.R.A. (N.S.) 460. 
 Property right in wild animals which are 
 
 being pursued or have been wounded 
 
 50 L.R.A.(N.S.) 704. 
 
 § 3. Use and possession of. 
 
 Of real property, see Possession, I. 
 
 Rights of private person to contest th< 
 power of a corporation to take or hole 
 property. 44 L.R.A. (N.S.) 544; 46 
 L.R.A.(N.S.) 72. ■ 
 
 § 4. Transfer of. 
 
 Of personal property, see Personal Prop 
 
 erty, § 5; Sale.' 
 Authority of agent as to purchase or salt 
 
 of, see Principal and Agent, § 15. 
 
INDEX TO NOTES. 
 
 487 
 
 PROPERTY— coTOt'd. 
 
 Negligent injury to property generally, see 
 Negligence, II. b. 
 
 Liability for loss of, at ford. 46 L.R.A. 
 (N.S.) 229. 
 
 Liability of master for injury to property 
 of one to whom he has no contractual 
 duty, by acts of volunteer whom serv- 
 ant permits to assist in performance 
 of master's service. 45 L.R.A. (N.S.) 
 382; L.R.A,1916B, 630. 
 
 Liability of municipality for injury to prop- 
 erty of one driving over defective high- 
 way where his horse is frightened 
 without fault of either party. L.R.A. 
 1915D, 243. 
 
 Injury to property by discharge of explo- 
 sives during shipment. L.R.A.1916B, 
 725. 
 
 PROPEKTY RIGHT. 
 
 See Pbopeett. 
 
 PRORATING. 
 
 Between insurance companies, see Insub- 
 ance, § 200. . 
 
 Provisions as to, in irrigation contracts. 
 L.R.A.1916r, 270. 
 
 PROSECUTING ATTORNEY. 
 
 See DisTBioi and Prosecuting Attorneys. 
 
 PROSECUTOR. 
 
 Necessity of consent of court to entry of 
 nolle prosequi in a criminal case. 45 
 L.R.A.(N.S.) 1123. 
 
 Voluntariness of confession to. 50 L.R.A. 
 (N.S.) 1088. 
 
 PROSPECTIVE DAMAGES, 
 
 See Damages, III. v. 
 
 PROSPECTIVE STATUTES. 
 
 Construing statute as prospective, see Stat- 
 utes, § 28. 
 
 PROSTITUTE. 
 
 Slander in charging woman with being, see 
 Libel and Slander, § 12. 
 Consult also L.R.A. Digests to date. 
 
 PROSTITUTE— cowt'd. 
 
 Bringing wife in contact with, as ground 
 for divorce. 43 L.R.A.(N.S.) 964. 
 
 PROSTITUTION. 
 
 § 1. Generally. 
 
 House of, see Disorderly Houses. 
 Intercourse with girl under age of consent, 
 
 see Age of Consent. 
 See also Adultery; Fornication; Incest; 
 
 Lewdness; Seduction. 
 
 State legislation for prevention of immoral- 
 ity as interference with interstate com- 
 merce. 51 L.R.A.(N.S.) 157. 
 
 § 2. Wbite slave act. 
 
 Indictment of woman transported in viola- 
 tion of white slave traffic act for con- 
 spiracy to violate the laws of the Unit- 
 ed States. L.R.A.1915D, 281. 
 Construction, applicability, and effect of 
 Congressional "white slave traffic 
 act." L.R.A.1915A, 862. 
 Construction. L.R.A.1915A, 863. 
 
 Purpose of defendant. L.R.A. 
 
 1915A, 865. 
 May the woman transported be in- 
 dicted? L.R.A.1915A, 868. 
 Evidence. L.R.A.1915A, 866. 
 
 Admissibility. L.R.A.1915A, 866. 
 Sufficiency. L.R.A.1915A, 867. 
 The indictment. L.R.A.1915A, 869. 
 Harboring alien women. L.R.A.1915A, 
 869. 
 
 PROTECTION. 
 
 Of recording laws, who entitled to, see 
 
 Records and Recording L.^.ws, § 16. 
 Of witness, see Witnesses, § 40. 
 
 PROTEST. 
 
 § 3. As condition of recovery back of 
 money paid. 
 
 Against payment of license fee as affecting 
 voluntariness of payment. 49 L.R.A. 
 
 (N.S.) 388. 
 
 PROVISIONS. 
 
 What is included within exemption of pro- 
 visions. L.R.A.1916B, 788. 
 
 PROVOCATION, 
 
 For homicide, see Homicide, IV. 
 
 Right of self-defense against assault pro- 
 voked by abusive language. 51 L.R.A. 
 (N.S.) 838. 
 
4S8 
 
 INDEX TO NOTES. 
 
 PROVOKING DIFFICULTY. 
 
 See Homicide, §§ 28, 29. 
 
 PROXIMATE CAUSE. 
 
 I. 
 7J. 
 
 III. 
 
 In general, §§ 1—3. 
 
 Of death; loss or injury T>y the 
 
 elements, §§ 4—7. 
 Of injury to passenger, §§ 8—10. 
 IT. Of injury by railroad train or 
 engine, §§ 11, 12. 
 T. Of injury on defective highrvay 
 or Trridge, §§ 13, 14:. 
 VI. Of injury to servant or tenant, 
 §§ 15-17. 
 VII. Of injury by fright, §§ IS— 30. 
 VIII. Under civil damage act, § 31. 
 IX. Miscellaneous, § 33. 
 
 I. In general, 
 
 ^ 1. Generally. 
 
 As to liability for negligent injury, gener- 
 ally, see Negligence and other specific 
 titles, e. g., Cabeiees, Electeioitt, 
 Mastee and Sebvant, Eailboads, 
 Steeet Railways. 
 
 As affecting damages, see Damages. 
 
 Of loss of insured property, see Insueance, 
 VIII. e, 1. 
 
 Of injury to, or death of, insured, see In- 
 sueance, VIII. c, 2. 
 
 Effect of negligence of, or failure to em- 
 ploy, physician, see Physicians and 
 Suegeons, § 17. 
 
 Effect of obeying or disobeying physician, 
 see Physicians and Suegeons, § 18. 
 
 Granting new trial on issue of proximate 
 cause only. L.R_A.1915E, 249. 
 
 Of injury from violation of statute not ex- 
 pressly conferring right of action. 
 L.R.A.1915E, 516. 
 
 Damages recoverable for delaying person by 
 blocking railroad crossing. 44 L.E.A. 
 (N.S.) 1069. 
 
 //. Of death; loss or injury by the ele- 
 ments. 
 
 § 4. Generally. 
 
 Accident as proximate cause of death under 
 anesthetic. 3 B. E. C. 65. 
 
 § 5. Of loss by fire or -nrind. 
 
 Xegligently setting out fire as proximate 
 cause of injury to one injured while at- 
 tempting to protect his property. 
 L.II.A.1915E, 991. 
 
 § 6. Of loss or injury hy explosion. 
 
 As affecting liability of gas company for 
 negligence in escape or explosion of 
 gas. L.E.A.1915E, 1027. 
 
 Intervening act of third person as affecting 
 proximate cause in case of injury by ex- 
 plosives. L.R.A.1915E, 479. 
 
 Violation of statute or ordinance relating 
 to explosives as proximate cause of 
 injury. 48 L.E.A. (N.S.) 877. 
 
 PROXIMATE CAUSE— cont'd. 
 
 III. Of injury to passenger. 
 
 § 8. Generally. 
 
 Of injury to passenger resulting froi 
 fright. 45 L.R.A.{N.S.) 437. 
 
 Negligence of carrier as proximate cause < 
 injury to passenger from act of drunl 
 en fellow-passenger. 4 B. E. C. 330. 
 
 Ejection of sick or intoxicated passengf 
 as proximate cause of subsequent ii 
 jury or death. L.R.A.1916C, 142. 
 
 IV. Of injury by railroad train or en 
 
 gine. 
 
 § 11. Generally. 
 
 Proximate cause of injury where person c 
 vehicle runs into side of train at crosi 
 ing. L.R.A.1915A, 363. 
 
 Of injury by railroad trains or cars opei 
 ated longitudinally along public stree 
 49 L.E.A.(N.S.) 690. 
 
 Liability of railroad company for injur 
 resulting from act of shipper of coi 
 signee in setting car in motion. 5 
 L.E.A.(N.S.) 888. 
 
 Necessity that violation of statute or ord 
 nance as to blocking railroad crossin 
 be proximate cause of injury. 4 
 L.E.A. (N.S.) 822. 
 
 When violation of statute or ordinance a 
 to blocking of railroad crossing i 
 deemed proximate cause of resulting ii 
 jury. 47 L.E.A.(N.S.) 824. 
 
 § 12. To child. 
 
 Proximate cause of injury to child by rai 
 road trains or cars operated longitud 
 nally along public street. 49 L.K.i! 
 (N.S.) 690. 
 
 V. Of injury on defective highway o 
 
 bridge. 
 
 § 13. Highway. 
 
 Failure of road authority to make repair 
 as intervening cause relieving from He 
 bility for negligence one responsible fo 
 the condition of the highway. 3 B. I 
 C. 1000. 
 
 VI. Of injury to servant or tenant. 
 
 §15. Servant. 
 
 Negligence in sending rolling stock out i 
 defective condition as proximate caus 
 of injury to one attempting to repai 
 it en route. 43 L.E.A.(N.S.) 701. 
 
 § 16. — minor servant. 
 
 Necessity that injury to child proximatel 
 result from his employment in violatio 
 of statute. 48 L.E.A. (N.S.) 661. 
 
 VII. Of injury by fright. 
 
 §18. Generally. 
 
 Eight to recover for physical injury resuli 
 ing from fright caused by wrongfv 
 act. L.E.A.1915D, 830. 
 
 Begin with this boolc on every laiv question. 
 
INDEX TO NOTES. 
 
 4S9 
 
 PROXIMATE CAUSE, \ll.— cont'd. 
 
 Proximate cause of injury to passenger re- 
 sulting from fright. 45 L.E.A.(N.S.) 
 437. 
 
 19. Of injuries through fright 
 horse. 
 
 of 
 
 S 20. — on defective highiray. 
 
 Liability of municipality for injury to per- 
 son or property of one driving over de- 
 fective highway where his horse is 
 ■frightened without faxilt of either par- 
 ty. L.R.A.1915D, 243. 
 
 Till. XJndev civil damage act. 
 
 § 21. Generally. 
 
 Necessit}', in order to support a recovery 
 under civil damage act, that the intoxi- 
 cation be the proximate cause of the in- 
 jury. 50 L.R.A.(N.S.) 858. 
 
 IX. Miscellaneous. 
 
 § 22. Generally. 
 
 Hostilities as proximate cause of loss un- 
 der policy of marine insurance. 5 B. 
 R. C. 34. 
 
 Of injury to one otlier than passenger struck 
 by object hurled by street car. L.R.A. 
 1915B, 1111. 
 
 Necessity that fault or mistake of notary 
 or other officer certifying to acicnowl- 
 edgment or affidavit should be proxi- 
 mate cause of loss to render him liable 
 therefor. 49 L.R.A. (N.S.) ' 51. 
 
 Independent, intervening or concurring 
 cause of death as affecting criminal re- 
 sponsibility. 51 L.R.A. (N.S.) 877. 
 
 PROXY. 
 
 At stockholders' meetings, see Cobpoka- 
 
 TIOKS, § 125. 
 
 PTOMAINE POISONING. 
 
 Death from, as accident or accidental means 
 within meaning of accident insurance 
 policy. L.R.A.1916A, 481. 
 
 PUBLIC. 
 
 § 1. Generally. 
 
 Adverse possession by or against, see Ad- 
 verse Possession, § 10. 
 
 Use of highway by, see Highways, IV. d, 2. 
 
 License from, see License, II. 
 
 Property of, see Public Pkopertt. 
 
 Relative rights of public and individuals in 
 waters, see Waters, I. e. 
 
 Right of contractor with public to immuni- 
 ty which latter enjoys from liability 
 for damages. L.R.A.1916D, 511. 
 Consult also L.R.A. Digests to date. 
 
 FUBJAC— cont'd. 
 g 2. Liability. 
 
 Of county, see Counties, § 8. 
 Of municipality, see Municipal Coepoba- 
 TIONS, V. g. 
 
 PUBLIC AMUSEMENTS. 
 
 See Amusements. 
 
 4 « » 
 
 PUBLICATION. 
 
 § 1. Generally. 
 
 Libel by, see Libel and Slandeb. 
 
 Of libel, see Libel and Slandeb, III. g. 
 
 Of process, see Weit and Peocess, §§ 20, 
 
 21. 
 
 Cruel and unusual punishment for unlawful 
 publication. L.R.A.1915C, 569. 
 
 What constitutes publication of intellectual 
 production. 43 L.R.A. (N.S.) 641. 
 
 Sufficiency of notice by publication to in- 
 sured of cancelation of fire policy. 50 
 L.R.A.(N.S.) 40. 
 
 PUBLIC BODIES. 
 
 Parol evidence to varv or supplement 
 minutes of. 50 L.R.A. (N.S.) 99. 
 
 Applicability to public bodies of statute re- 
 quiring building contractor's bond for 
 protection of subcontractors, laborers, 
 etc. 50 L.R.A.(N.S.) 469. 
 
 PUBLIC BUILDINGS. 
 
 § 1. Generally. 
 
 Courthouse, see Coukthouse. 
 Hospital, see Hospitals. 
 Schoolhouse, see Schools, § 29. 
 
 § 2. Contracts as to location of. 
 
 Contract as to location of. L.R.A. 1916D, 
 
 727. 
 
 g 3. Erection of. 
 
 Contract as to. L.R.A.1916D, 727. 
 
 PUBLIC CONTRACT. 
 
 See CoNTBACTS, VIII. ; Municipal Corpora- 
 tions, V. d; Public Improveme:«ts, 
 III.; Watbes, § 111. 
 
 < « » 
 
 PUBLIC CONVENIENCE. 
 
 Doctrine of comparative injury in suit to 
 enjoin nuisance where public conven- 
 ience is involved. L.R.A.19160, 1270. 
 
490 
 
 INDEX TO NOTES. 
 
 PUBLIC CONVEyANCE. 
 
 Scope and construction of provision for in- 
 demnity in case of injury while riding 
 in or on a public conveyance. L.R.A. 
 1915C, 456. 
 
 PUBLIC CORPORATIONS. 
 
 See also Counties; Municipal Cobpoba- 
 TioNS; Public Service Cokpoeations ; 
 SCHOOLS; Towns. 
 
 Estoppel of, see Estoppel, I. 
 
 Notice imported to holders by commercial 
 paper payable to a public body or olfi- 
 cer thereof. L.R.A.1915B, 725. 
 Liability on implied contract. 46 L.R.A. 
 
 (N.S.) 921. 
 Ratification by public corporation of invalid 
 contract. L.R.A.1915A, 1023. 
 Definition of term "ratification." 
 
 L.R.A.1915A, 1024. 
 Distinction between ratification and es- 
 toppel. L.R.A.1915A, 1024. 
 Ratification, generally. L.R.A.1915A, 
 
 1024. 
 Ratification of contract beyond power 
 of corporation to make. 
 L.R.A.1915A, 1025. 
 Failure to comply with mandatory 
 formalities. L.R.A.1915A, 
 
 1026. 
 Effect of subsequent acquirement 
 of power. L.R.A.1915A, 1028. 
 Ratification of contract within general 
 power of corporation to make. 
 L.R.A.1915A, 1028. 
 Ratification by officer of corpora- 
 tion. L.R.A.1915A, 1030. 
 Ratification by electorate. L.R.A. 
 
 1915A, 1032. 
 Ratification by legislature or Con- 
 gress. l!R.A.1915A, 1032. 
 Manner of ratification. L.R.A. 
 191.5A, 1033. 
 Recognition. L.R.A. 1915A, 
 
 1034. 
 Payment of interest or portion 
 of principal. LvR.A. 
 mioA. 1035. 
 Retention and use of property. 
 
 L.R.A.1915A, 1036. 
 Necessity of observing formal- 
 ities required to 
 make similar con- 
 tracts. L.R.A.1915A, 
 1037. 
 Submitting question to 
 vote. L.R.A.1915A, 
 1038. 
 Performing preliminary 
 condition. L.R.A. 
 
 1915A, 1038. 
 Time of ratification. L.R.A.1915A, 
 1040. 
 Effect of ratification. L.R.A.1915A, 
 1040. 
 Rights and remedies where contracts, bonds, 
 or other instruments of a public corpo- 
 ration are invalid. L.R.A. 1915A, 904. 
 
 PUBLIC EASEMENT. 
 
 See Highways; Pakks and Squaees. 
 
 • ■ — ■*-—*■ 
 
 PUBLIC EXHIBITION. 
 
 Liability of proprietor for injury to patron. 
 L.R.A.1915F, 690. 
 
 PUBLIC GROUNDS. 
 
 Liability of municipal corporations for in- 
 juries through unsafe conditions in pub- 
 lic grounds other than streets. L.R.A. 
 19150, 435. 
 
 < » » 
 
 PUBLIC HEALTH. 
 
 See Health. 
 
 ♦-•-• 
 
 PUBLIC HOME. 
 
 Residence of inmate of, for school purposes. 
 51 L.R.A. (N.S.) 234. 
 
 Begin with tJiis hook on every law question. 
 
 PUBLIC IMPROVEMENTS. 
 
 I. In general, §§ 1—4:. 
 III. Contracts for, §§ 7—9. 
 IV. Assessments; payment or liabilitjf 
 for tvorle done, §§ 10—31. 
 a. In general, §§ 10— 13a. 
 6. Nature of improvements, §§ 
 
 14:, 13. 
 
 c. Persons and property lialile; 
 
 exemptions, §§ 16—33. 
 
 d. Rules of apportionment, §§ 
 
 34—26. 
 
 e. Enforcement; procedure ; pri- 
 
 orities, §§ 27—31. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Constitutionality of statute as to, see Con- 
 stitutional Law, § 93. 
 
 Drains and sewers generally, see Dbains 
 AND Sewers. 
 
 Change of street grade, see Highways, §§ 
 52, 53. 
 
 Municipal plants, see Municipal Corpora- 
 tions, V. f. 
 
 Right of abutting owner to make improve- 
 ments in street. 44 L.R.A. (N.S.> 
 552 
 Under statute. 44 L.R.A. (N.S.) 553. 
 Municipal consent. 44 L.E.A. 
 
 (N.S.) 553. 
 Notice and opportunity. 44 
 L.R.A.(N.S.) 553. 
 
INDEX TO NOTES. 
 
 491 
 
 PUBLIC IMPROVEMENTS, I.— cont'd 
 
 Compliance by landowner with re- 
 quirements. 44 L.R.A.(N.S.) 
 554. 
 Miscellaneous. 44 L.R.A.(N.S.) 
 555. 
 Corporations as "residents" within public 
 improvement statutes. 43 L.R.A.fN.S.) 
 272. 
 Right of subcontractor, materialman or 
 laborer to maintain action on contrac- 
 tor's bond to owner. L.R.A.1915A, 768. 
 
 § 3. Petition for or remonstrance 
 against. 
 
 Right of lessee to sign petition for public 
 improvements. 44 L.R.A.(N.S.) 696. 
 
 Doctrine of equitable conversion as affect- 
 ing one's right to sign consent or re- 
 monstrance as land owner. 50 L.R.A. 
 (N.S.) 32. 
 
 Validity of private agreement with certain 
 property owners to obtain their consent 
 to local improvement. 50 L.R.A. (N.S.) 
 396. 
 
 § 4, liiability for injury by. 
 
 Damages from fixing grade of street, see 
 Highways, §§ 50, 51. 
 
 Liability of municipality for temporarily 
 
 interfering with' access to property in 
 
 making improvements. 46 L.R.A. 
 (N.S.) 620. 
 
 III. Contracts for. 
 
 § 7. Generally. 
 
 Effect of indirect interest of public officer 
 in performance of contract for construc- 
 tion of public improvement. 50 L.R.A. 
 (N.S.) 1140. 
 
 Validity of contract for material patented 
 or held in monopoly where a letting to 
 the lowest bidder is required. 46 
 L.R.A.(N.S.) 990. 
 
 Duty of street railway company to pave 
 part of street as affecting munici- 
 pality's power to contract for paving 
 entire street. 48 L.R.A. (N.S.) 138. 
 
 § 8. Power of city to bind contractor 
 to repair pavement. 
 
 Power of city to bind contractor to repair 
 pavement which he makes. L.R.A. 
 191.5F, 854. 
 Express statutory authority. L.R.A. 
 1915F, 862. 
 
 § 9. What included in provision for 
 keeping in repair. 
 
 What conditions or defects are covered by 
 provisions in paving contract re- 
 quiring contractor to keep pave- 
 ment in repair. 49 L.R.A. (N.S.) 
 922. 
 
 Provisions in general. 49 L.R.A. (N.S.) 
 922. 
 
 Provisions construed to contemplate 
 actual repairs. 49 L.R.A. (N.S.) 
 923. 
 Consult nlso L.R.A.. Digests to date. 
 
 PUBLIC IMPROVEMENTS, m.— cont'd. 
 Provisions construed to be mere guar- 
 ties of workmanship and material. 
 49 L.R.A.(N.S.) 924. 
 
 IV. Assessments; payment or liability 
 for worle done. 
 
 a. In general. 
 
 § 10. Generally. 
 
 Assessments for drains and sewers, see 
 Drains and Sewebs, IV. 
 
 Covenant in lease as to payment of assess- 
 ments, see Landlord and Tenant, § 
 18a. 
 
 Assessment or nonassessment of property 
 as affecting its dedication or acceptance 
 for public use. L.R.A.1916B, 1175. 
 Power of municipality to assume part or 
 all of burden of adapting street or 
 bridges for use of railroads or street 
 railways. 50 L.R.A. (N.S.) 143. 
 Validity of assessment as affected by un- 
 lawful invasion of property rights. 
 L.R.A,191oD, 772. 
 Theory that invalid part of assessment 
 may be separated from valid. 
 L.R.A.1915D, 776. 
 
 § 13a. Iiien for. 
 
 Distribution of award in condemnation of 
 land subject to an assessment for pub- 
 lic improvements. 45 L.R.A. (N.S.) 
 451. 
 
 b. Nature of im,provements. 
 
 § 14. Generally. 
 
 What constitutes reconstruction, as dis- 
 tinfjuished from repair, of pave- 
 ment. 44 L.R.A.(N.S.) 590. 
 
 General definitions and principles. 44 
 L.R.A. (N.S.) 590. 
 
 Application in general. 44 L.R.A. 
 (X.S.) 591. 
 
 Conclusiveness of ordinance or rule of 
 municipal officer. 44 L.R.A. (X.S.) 
 592. 
 
 Use of old material. 44 L.R.A. (N.S.) 
 592. 
 
 Use of similar material. 44 L.R.A. 
 (N.S.) 593. 
 
 Use of old foundation. 44 L.R.A. 
 (N.S.) 593. 
 May cost of bridge be assessed against 
 
 property benefited. 45 L.R.A. (N.S.) 
 
 918. 
 
 c. Persons and property liable; ex- 
 emptions. 
 
 §16. Generally. 
 
 For assessments for drains and sewers, see 
 Drains and Sewers, § 13. 
 
 Covenant in lease as to payment of assess- 
 ments, see Landlord and Tenant, § 
 18a. 
 
 Assessment for, on highway. 44 L.R.A. 
 
 (N.S.) 837. 
 Liability of homestead. L.R.A.1915E, 662. 
 
492 
 
 INDEX TO NOTES. 
 
 PUBLIC IMPBOVEMENTS, IV. c— cont'd. 
 § 20. Abutting oivner. 
 
 For what improvements liable, see supra, 
 § 14. 
 
 Effect of intervention of narrow strip owned 
 by third person between the street 
 and the property sought to be as- 
 sessed. L.E.A.1916B, 1033. 
 Conveyance to escape assessment. 
 L.R.A.1916B, 1033. 
 
 § 21. Railroad right of way. 
 
 Liability to assessments for drains or sew- 
 ers. L.K.A,1915A, 129. 
 
 § 22. Street railway. 
 
 When duty assumed by street railway to 
 repave or repair arises. 43 L.R.A. 
 (N.S.) 463. 
 
 Duty of street railway company to pave 
 part of street as affecting munici- 
 pality's power to contract for paving 
 entire street. 48 L.R.A.(N.S.) 138. 
 
 § 23. Exemptions. 
 
 Exemption from taxes, see Taxes, II. e; 
 VI. c. 
 
 Liability to local assessment for benefits of 
 property exempt from general taxation. 
 44 L.E..A.(N.S.) 57; L.K.A.1916F, 864. 
 
 d. Rules of apportionment. 
 
 § 25. Frontage tax. 
 
 Assessment of corner lot. 50 L.R.A.(N.S.) 
 
 922. 
 Rule not unconstitutional. 50 L.R.A. 
 
 (N.S.) 922. 
 Cases supporting the rule. 50 L.R.A. 
 
 (N.S.) 923. 
 The Ohio cases. 50 L.R.A. (N.S.) 926. 
 Intersections. 50 L.R.A. (N.S.) 928. 
 
 c. Enforcement; procedure; priorities. 
 
 § 27. Generally. 
 
 Who is entitled to penalties for delay in 
 
 paying improvement assessment. 47 
 
 L.R.A. (N.S.) 704. 
 Who entitled to notice to redeem from sale 
 
 for delinquent special assessment. 44 
 
 L.R.A.(N.S.) 677. 
 
 § 30a. Uens; priorities. 
 
 Liability of homestead to lien. L.R.A. 
 1915E, 662. 
 
 PUBLIC INSTITUTION. 
 
 § 1. Generally. 
 
 Liability of county for personal injury due 
 to negligence of oiBeer or agent at coun- 
 ty institution. L.R.A.1916B, 1263. 
 
 § 2. Residence at. 
 
 Residence of inmate of, for school purposes. 
 51 L.R.A.(N.S.) 234. 
 
 PUBLIC LANDS. 
 
 III. Disposal through land department; 
 entry; sale. 
 
 § 11. Sale or transfer of land en- 
 tered. 
 
 Mortgage on homestead, see infra, § 17. 
 
 § 16. Homestead. 
 
 §17. — mortgage on. 
 
 Validity of mortgage upon public lands ex- 
 ecuted by claimant under the homestead 
 acts prior to patent or final proof. 
 L.E.A.1915B, 081. 
 
 PUBLIC MONEY, 
 
 § 1. Generally. 
 
 Appropriation of, generally, see Appeopria- 
 
 TIONS. 
 
 Deposit of, in bank, see Banks, § 10. 
 Loss of, through bank failure, see Banks, 
 
 § 16. 
 As to use of school funds, see Schools, § 38. 
 
 § la. Investment of. 
 
 Deposit of public funds in bank as invest- 
 ment within statute requiring the in- 
 vestment of such funds. 50 L.R.A. 
 
 (N.S.) 274. 
 
 § 3. Injunction against waste or il- 
 legal use of. 
 
 Right of citizen or taxpayer to enjoin waste 
 or unlawful expenditure -of state funds. 
 L.R.A.1915D, 178. 
 
 § 4. For what purposes used. 
 
 Right of state to authorize or direct diver- 
 sion of county funds to purpose other 
 than that for which collected. L.R.A. 
 1915D, 274. 
 Power of legislature to make appropria- 
 tion to compensate injured militiaman. 
 44 L.R.A.(N.S.) 83. 
 Validity of pension or bounty to Con- 
 federate soldiers. 45 L.R.A.(N.S.) 692. 
 Constitutionality of statute providing for 
 transportation of pupils at public ex- 
 pense. 50 L.R.A.(N.S.) 428. 
 Power of municipality to assume part or 
 all of burden of adapting street or 
 bridges for use of railroads or street 
 railways. 50 L.R.A. (N.S.) 143. 
 Use of public funds to pay expense incurred 
 by officer or citizen in litigation. 
 L.R.A.1916D, 92. 
 Expenses incurred by public oflicevs in 
 defending charges. L.R.A.1916D, 
 92. 
 Expenses incurred by public officers in 
 establishing title to office. L.R.A., 
 1916D, 94. 
 Expenses incurred by citizens for bene- 
 fit of municipality. L.E.A.1916D, 
 94. 
 
 Begin with this J>ooTe on every law question. 
 
INDEX TO NOTES. 
 
 4<J3 
 
 PUBLIC MONEY— co«*'d. 
 
 Constrviction of improvement by public body 
 with option to private concern to pur- 
 chase as violation of constitutional pro 
 vision against lending credit. L.R.A 
 1915B, 306. 
 
 4 «» 
 
 PUBLIC OFFICERS. 
 
 See Officers. 
 
 ♦ «» 
 
 PUBLIC POLICY. 
 
 § 1. Generally. 
 
 Contracts opposed to, see Contracts, IV. a. 
 
 Public policy as related to communistic life 
 or tenure of property. 52 L.R.A. 
 (N.S.) 459. 
 
 lu relation to effect of homicide on devolu- 
 tion of property. L.K.A.1915C, 329. 
 
 § 2. Effect of, on enforcement of law 
 of otber state or country. 
 
 Laws as to gambling and lottery contracts. 
 
 46 L.E.A.(N.S.) 650. 
 Law governing insurance contracts. 52 
 
 L.R.A. (N.S.) 277. 
 
 PUBLIC PROPERTY. 
 
 School property, see Schools, §§ 29, 30. 
 Taxation of, see Taxes, II. e, 2. 
 See also State Institutions. 
 
 Diversion of property donated for public 
 library to other uses. 45 L.R.A. (N.S.) 
 368. 
 
 Property leased by public as subject to 
 taxation. 52 L.R.A.{N.S.) 991. 
 
 PUBLIC PROSECUTOR. 
 
 See DisTBicT and Peosecuting Aitobnet. 
 
 PUBLIC PURPOSE. 
 
 For which property may be condemned, see 
 Eminent Domain, II. d. 
 
 Liability of lessor of property to be used 
 for a public purpose for personal inju- 
 ries to third persons. L.R.A.1915B, 
 364, 387. 
 
 PUBLIC RECORDS. 
 
 See Recoeds and Eecokding Laws. 
 
 Consult also L.R.A. Digests to date. 
 
 PUBLIC SCHOOLS. 
 
 See SoEOOLS. 
 
 ♦ «» 
 
 PUBLIC SECURITIES. 
 
 Bonds, see Bonds, III. 
 
 Personal liability of a trustee for losses to 
 trust estate from investments in. 44 
 L.R.A. (N.S.) 887. 
 
 PUBLIC SERVICE COMMISSION. 
 
 Power and duty of, to control the issuance 
 of securities by public service corpo- 
 rations. 45 L.R.A.(N.S.) 629. 
 
 Decisions and orders of, as to regulation of 
 jitney buses. L.R.A.1915F, 845. 
 
 Action against, as action against the state. 
 44 L.R.A. (N.S.) 198. 
 
 Right to appeal to court from decision of. 
 49 L.R.A.(N.S.) 565. 
 
 Constitutionality of statute empowering 
 commission to determine amount of 
 compensation in eminent domain pro- 
 ceedings. 52 L.R.A.(N.S.) 850. 
 
 PUBLIC SERVICE CORPORATIONS. 
 
 § 1. Generally. 
 
 Use of highway by, see Highways, IV. d, 3. 
 Rates charged by, see Rates, § 2. 
 For irrigation purposes, see Watebs, II. o. 
 For supplying water generally, see Waters, 
 
 See also Cabbieks; Electeicity; Gas; In- 
 surance; Railroads; Street Rail- 
 ways; Telegraphs; Telephones; 
 Warehousemen; Waters, III. 
 
 Right of public service corporation to chal- 
 lenge powers or privileges of rival. 
 L.R.A.1916B, 1087. 
 
 Fire insurance as a business affected with 
 a public interest. L.R.A.1915C, 1189. 
 
 Compensation to be paid public utility com- 
 pany upon taking its plant. 47 L.R.A. 
 (N.S.) 770. 
 
 Requiring connection or joint use of prop- 
 erties of public service corporations as 
 a taking for which compensation must 
 be made. 50 L.R.A.(N.S.) 652; L.R.A. 
 1916E, 759. 
 
 Power and duty of public authorities to 
 control the issuance of securities by 
 public service corporations. 45 L.R.A. 
 (N.S.) 629; 47 L.R.A.(N.S.) 1167. 
 
 Force permissible in resisting or aiding the 
 attempt of a public service corporation 
 to plant poles, lay tracks, etc. 45 
 L.R.A.(N.S.) 601. 
 
 Lack of, or invalidity of franchise as a de- 
 fense to an action by a public service 
 corporation for service rentals. 52 
 L.R.A.(N.S.) 713. 
 
494 
 
 INDEX TO NOTES. 
 
 PUBLIC SERVICE CORPORATIONS— 
 cont'd. 
 
 Incorporation of territory into municipality 
 as affecting existing contract of public 
 service corporation to supply a com- 
 modity or service in that territory. 
 L.R.A.1916A, 1071. 
 
 Power of public to determine capacity and 
 suitableness of particular officer, agent 
 or employee of corporation whose busi- 
 ness is affected with a public interest. 
 L.R.A.1915E, 708. 
 
 § 2. Rights and potrers of. 
 
 § 3. —as to prompt payment of rent- 
 als. 
 
 Right of public service corporation to im- 
 pose penalty or added amount for 
 failure to pay service bills promptly. 
 43 L.R.A.{N.S.) 63. 
 
 § 4. Liabilities of. 
 
 Duty to serve public as afiFecting liability 
 of public utility for temporary inter- 
 ference with water rights. L.R.A. 
 1915E, 294. 
 
 § 5. Valuation of property of. 
 
 Fundamental principles of valuation of pub- 
 lic service property. L.R.A.1916F, 
 599. 
 Factors to be considered in general. 
 
 L.R.A.1916F, 599. 
 Purpose of valuation. L.R.A.1916F, 
 
 605. 
 Theories of valuation. L.Rji..l916F, 
 611. 
 Cost or investment. L.R.A.1916F, 
 612. 
 Ascertainment. L.R.A.1916F, 
 628. 
 Value. L.R.A.1916F, 631. 
 
 Ascertainment. L.R.A.1916F, 
 647. 
 Amount of securities. 
 
 L.R.A.1916F, 648. 
 Value of securities. 
 
 L.R.A.1916F, 652. 
 Capitalization of earnings. 
 
 L.R.A.191CF, 655. 
 Original cost. L.R.A. 
 
 1916F, 659. 
 Cost to reproduce. L.R.A. 
 
 1916F, 660. 
 Sale price. L.R.A.1916F, 
 
 662. 
 Time of valuation. L.R.A. 
 1916F, 663. 
 Cost of reproduction. L.R.A. 
 1916F, 663. 
 Ascertainment. L.R.A.1916F, 
 669. 
 Nature of plant to be re- 
 produced. L.R.A. 
 1916F, 671. 
 Reproduction under pres- 
 ent or original condi- 
 tions. L.R.A.1916F, 
 673. 
 Unit prices. L.R.A.1916F, 
 674. 
 
 Begin with this book on every law question. 
 
 PUBLIC SERVICE CORPORATIONS— 
 cont'd. 
 
 Piecemeal construction. 
 
 L.R.A.1916F, 678. 
 
 Capitalization. L.R.A.1916F, 679. 
 
 Treatment of overhead charges in public 
 
 service property valuations. 48 
 
 L.R.A.(N.S.) 1037. 
 
 Introduction. 48 L.R.A. (N.S.) 1037. 
 
 Engineering and superintendence. 48 
 
 L.R.A.(N.S.) 1040. 
 Contractors' profits. 48 L.R.A. (N.S.) 
 
 1041. 
 Contingencies. 48 L.R.A. (N.S.) 1042. 
 Interest and taxes during construction. 
 
 48 L.R.A.(N.S.) 1043. 
 Promoters' profits. 48 L.R.A.(N.S.) 
 
 1048. 
 Legal expenses. 48 L.R.A.(N.S.) 1049. 
 Miscellaneous expenses! 48 L.R.A. 
 
 (N.S.) 1051. 
 Blanket allowance. 48 L.R.A. (N.S.) 
 1052. 
 Treatment of franchises, water rights, and 
 miscellaneous intangibles in public 
 service property valuations. 48 
 L.R.A.(N.S.) 1063. 
 Franchises. 48 L.R.A. (N.S.) 1063. 
 General observations. 48 L.R.A. 
 
 (N.S.) 1063. 
 Ordinary franchises. 48 L.R.A. 
 (N.S.) 1064. 
 Capitalization and rate valua- 
 tions. 48 L.R.A. 
 (N.S.) 1064. 
 Advance payment fran- 
 chises. 48 L.R.A. 
 (N.S.) 1064. 
 Deferred payment fran- 
 chises. 48 L.E.A. 
 (N.S.) 1065. 
 Free franchises. 48 L.R.A. 
 (N.S.) 1065. 
 Condemnation and purchase 
 valuations. 48 L.R.A. 
 (N.S.) 1074. 
 The general rule. 48 
 
 L.R.A.(N.S.) 1074. 
 The statutory rule. 48 
 L.R.A.(N.S.) 1076. 
 Indeterminate franchises. 48 
 L.R.A.(N.S.) 1076. 
 Franchise appraisal. 48 L.R.A.(N.S.) 
 
 1078. 
 Water rights. 48 L.R.A.(N.S.) 1079. 
 Comparison with franchise rights. 
 
 -48 L.R.A.(N.S.) 1079. 
 
 Treatment. 48 L.R.A. (N.S.) 1080. 
 
 Miscellaneous intangibles. 48 L.R.A. 
 
 (N.S.) 1082. 
 
 Contracts. 48 L.R.A. (N.S.) 1082. 
 
 Consents of property owners. 48 
 
 L.R.A.(N.S.) 1083. 
 Good words. 48 L.R.A. (N.S.) 
 1084. 
 Treatment of going concern "value" in pub- 
 lic service property valuations. 48 
 L.R.A.(N.S.) 1092. 
 Theory of allowance or disallowance of 
 costs or valiies. 48 L.E.A. 
 (N.S.) 1093. 
 
INDEX TO NOTES. 
 
 495 
 
 PUBLIC SERVICE OOHPORATIONS— 
 cont'd. 
 
 What is meant by "going value." 
 48 L.K.A.{N.S.) 1093: 
 Definitions. 48 L.R.A.{N.S.) 
 
 1093. 
 Corporate business as 'substi- 
 tute term for "going 
 value." 48 L.R.A.(N.S.) 
 1095. 
 Corporate business value recog- 
 nized. 48 L.R.A.(N.S.) 1095. 
 Corporate business value disal- 
 lowed. 48 L.R.A.(N.S.) 1097. 
 Corporate business costs allowed. 
 
 48 L.R.A.{N.S.) 1099. 
 Corporate business costs dis- 
 allowed. 48 L.R.A.(N.S.) 
 1102. 
 Resemblance between corporate 
 business and franchises. 48 
 L.R.A.(N.S.) 1107'. 
 Grounds for allowance in rate, 
 condemnation and purchase 
 cases. 48 L.R.A.{N.S.) HOS. 
 Methods of determining. 48 L.R.A. 
 (N.S.) 1109. 
 Corporate business value. 48 
 L.R.A.(N.S.) 1109. 
 Capitalization of earnings. 48 
 
 L.R.A. (N.S.) 1109. 
 Theory of speculative value. 
 48 L.R.A.(N.S.) 1111. 
 Corporate business costs. 48 
 L.R.A.(N.S.) 1113. 
 Actual costs. 48 L.R.A. ( N.S. ) 
 1113. 
 Wisconsin rule. 48 L.R.A. 
 
 (N.S.) 1113. 
 
 Criticisms of Wisconsin 
 
 practice. 48 L.R.A. 
 
 (N.S.) 1122. 
 
 Costs of reproducing business. 
 
 48 L.R.A.(N.S.) 1123. 
 
 Theories of Alvord, Met- 
 
 calf, and Williams. 
 
 48 L.R.A.(N.S.) 1123. 
 
 Objections to theory. 48 
 
 L.R.A.(N.S.) 1130. 
 Rule of thumb methods. 48 L.R.A. 
 (N.S.) 1132. 
 Miscellaneous considerations. 48 L.R.A. 
 (N.S.) 1133. 
 Capitalization of experience. 48 
 
 L.R.A. (N.S.) 1133. 
 Failure of proof. 48 L.R.A. (N.S.) 
 1133. 
 Treatment of good will in public service 
 property valuations. 48 L.R.A. 
 (N.S.) 1146. 
 R^hat constitutes good will. 48 L.R.A. 
 
 (N.S.) 1146. 
 Effect of monopoly on good will. 48 
 
 L.R.A. (N.S.) 1147. 
 Good will of competitive utilities. 48 
 
 L.R.A.(N.S.) 1149. 
 Proper ground for disallowance of good 
 
 will. 48 L.R.A.(N.S.) 1149. 
 Actual cost of good will. 48 L.R.A. 
 , (N.S.) 1151. 
 ■Consult also L.B.A. Digests to date. 
 
 PUBLIC SERVICE CORPORATIONS— 
 
 cont'd. 
 Valuation of public-utility lands. 48 L.R.A. 
 (N.S.) 1196. 
 Introduction. 48 L.R.A. (N.S.) 1196. 
 Original cost or investment theory. 48 
 
 L.R.A.(N.S.) 1197. 
 Value theory. 48 L.R.A. (N.S.) 1200. 
 Appreciation; unearned increment. 
 
 48 L.R.A.(N.S.) 1200. 
 Appreciation ; earned increment. 
 
 48 L.R.A. (N.S.) 1203. 
 Appreciation as income. 48 L.R.A. 
 
 (N.S.) 1203. 
 Methods of determining values. 48 
 
 L.R.A.(N.S.) 1205. 
 Donations of land. 48 L.R.A. 
 (N.S.) 1207. 
 Cost-to-reproduce theory. 48 L.R.A. 
 (N.S.) 1209. 
 Cost and damage multiples. 48 
 
 L.R.A.(N.S.) 1209. 
 Railroad rights of way and ter- 
 minals. 48 L.R.A. (N.S.) 1212. 
 Buildings. 48 L.R.A. (N.S.) 1213. 
 Favorable ■ locations. 48 L.R.A. 
 (N.S.) 1213. 
 Special problems in respect to the treat- 
 ment of appreciation, in public 
 service property valuations. 51 
 L.R.A.(N.S.) 7. 
 Pavement over mains. 51 L.R.A. (N.S.) 
 7. 
 Original cost or investment theory. 
 
 51 L.R.A.(N.S.) 8. 
 Value theory. 51 L.R.A. (N.S.) 
 
 9. 
 Cost of reproduction theory. 51 
 
 L.R.A.(N.S.) 11. 
 Conclusion. 51 L.R.A. (N.S.) 12. 
 Adaptation and solidification. 51 L.R.A. 
 (N.S.) 13. 
 Conflicting views as to treatment 
 
 of. 51 L.R.A.(N.S.) 13. 
 Treatment as capital or operating 
 expenses. 51 L.R.A.(N.S.) 16. 
 Treatment of accrued depreciation in valu- 
 ation of public service property. 
 L.R.A.1916F, 761. 
 Deduction of depreciation in determin- 
 ing present value. L.R.A.1916F, 
 762. 
 Methods of estimating accrued depre- 
 ciation. L.R.A.1916F, 766. 
 EfiBcieney of service as reason for dis- 
 regarding depreciation. L.R.A. 
 1916F, 770. 
 Effect of method of providing for annu- 
 al depreciation. L.R.A.1916F, 774. 
 Effect of failure to provide for depre- 
 ciation. L.R.A.1916F, 779. 
 Effect of misapplication of depreciation 
 
 fund. L.R.A.1916F, 780. 
 Conclusion. L.R.A.1916F, 780. 
 
 § 6. Return. 
 
 What constitutes the return of a public 
 service corporation for rate-mak- 
 ing purposes. 52 L.R.A. (N.S.) 15. 
 Introduction. 52 L.R.A. (N.S.) 15. 
 
496 
 
 INDEX TO NOTES. 
 
 PUBLIC SERVICE CORPORATIONS— 
 cont'd. 
 
 How ascertained in general. 52 L.R.A. 
 (N.S.) 15. 
 Gross revenue. 52 L.R.A. (N.S.) 
 
 15. 
 Expenses of the business. 52 i 
 L.R.A.(N.S.) 16. 
 Treatment of depreciation. 52 L.R.A. 
 (N.S.) 18. 
 Necessity of providing for, in gen- 
 eral. 52 L.R.A. (N.S.) 18. 
 Methods of estimating. 52 L.R.A. 
 (N.S.) 31. 
 Straight line method. 52 
 
 L.R.A.(N.S.) 33. 
 Sinking fund method. 52 
 L.R.A. (N.S.) 33. 
 Obsolescence and inadequacy. 52 
 
 L.R.A.(N.S.) 37. 
 Depreciation by expiration of fran- 
 chise. 52 L.R.A. (N.S.) 38. 
 Amounts allowed. 52 L.R.A. 
 
 (N.S.) 39. 
 Past depreciation. 52 L.R.A. 
 (N.S.) 47. 
 Amortization of intangibles. 52 L.R.A. 
 
 (N.S.) 49. 
 Extravagant expenses; inefEcient man- 
 agement. 52 L.E.A.(N.S.) 51. 
 Extraordinary expenses. 52 L.R.A. 
 
 (N.S.) 56. 
 Interest charges. 52 L.R.A. (N.S.) 57. 
 Taxes. 52 L.R.A.(N.S.) 58. 
 Overcharging capital account. 52 
 L.R.A.(N.S.) 59. 
 Repairs and replacements. 52 
 L.R.A. (N.S.) 60. 
 Overcharging the operating account. 
 52 L.R.A.(N.S.) 61. 
 Permanent improvements or bet- 
 terments. 52 L.R.A.(.N.S.) 61. 
 Miscellaneous charges. 52 L.R.A. 
 (N.S.) 68. 
 Returns to which public service corporations 
 are entitled. L.R.A.1915A, 5. 
 Difference in nature of questions before 
 courts and commissions. L.R.A. 
 1915A, 5. 
 Confiscatory return. L.R.A.1915A, 6. 
 What constitutes, in- general. 
 
 L.R.A1915A, 9. 
 Returns held to be confiscatory or 
 not in particular cases. L.R.A. 
 1915A, 16. 
 Reasonable return. L.R.A.1915A, 21. 
 Distinction between questions of 
 reasonableness and confisca- 
 tion. L.R.A.1915A, 21. 
 General rules for determining rea- 
 sonableness. L.R.A.1915A, 23. 
 Return should be sufficient to in- 
 duce investment. L.R.A.1915A, 
 30. 
 Return should be sufficient to pro- 
 vide good service. L.R.A. 
 lfll5A, 35. 
 Element of risk as criterion. 
 
 L.R.A.1915A, 36. 
 Return on similar enterprises as 
 criterion. L.R.A.1915A, 41. 
 
 PUBLIC SERVICE CORPORATIONS— 
 cont'd. 
 
 Legal rate of interest as criterion. 
 
 L.R.A.1915A, 42. 
 Reward for efficiency. L.R.A. 
 
 1915A, 43. 
 Surplus for lean years. L.R.A. 
 1915A, 45. ^ 
 
 Return allowed in particular cases. 
 
 L.R.A.1915A, 49. 
 Reasonableness of return as a 
 whole. L.R.A.1915.'i, 55. 
 Burden of proof of confiscatory or un- 
 reasonable rates. L.R.A.1915-4, 57. 
 Actual test to determine amount of re- 
 turn. L.R.A.1915A, 65! 
 
 <«» 
 
 PUBLIC TRIAL. 
 
 See Criminal Law, § 44. 
 
 PUBLIC USE. 
 
 Dedication of property for, see Dedication. 
 
 Condemnation of property devoted to, see 
 Eminent Domain, § 7. 
 
 Taking of property for, see Eminent Do- 
 main, II. d. 
 
 PUBLIC UTILITIES. 
 
 See Public Sbevice Cobpoeations. 
 
 PUBLIC WATER SUPPLY. 
 
 See Watbbs, III. 
 
 PUBLIC 'WORKS. 
 
 Right of subcontractors, laborers, and ma- 
 terialmen on bond of contractor for 
 public work, see Bonds, §§ 9, 10. 
 
 Prohibiting or restricting employment of 
 aliens on. L.R.A.1916D, 669. 
 
 Validity of statute, ordinance, or contract 
 fixing minimum wage for person em- 
 ployed on public work. 51 L.R.A. 
 (N.S.) 686. 
 
 PUBLISHERS. 
 
 Validity of restrictive agreement on sale of 
 publishing business. L.R.A.1916C, 632. 
 
 Begin with this hoolt, on every law question. 
 
 PULLMAN CAR COMPANY. 
 
 See Carriers, III. q. 
 
INDEX TO NOTES. 
 
 497 
 
 PUNCHES. 
 
 Master's liability for injury by defects In 
 51 L.R.A.(N.S.) 337. 
 
 PUNISHMENT. 
 
 For contempt, see Contempt, IV. 
 For crime generally, see Criminal Law, VI. 
 For offenses as to intoxicating liquors, see 
 Intoxicating Liquoks, § 35. 
 
 PUNITIVE DAMAGES. 
 
 See Damages, II. 
 
 < « » 
 
 PUPILS. 
 
 See Schools. 
 
 PURCHASE MONET. 
 
 § 1. Generally. 
 
 On sale of chattels, see Sale, §§ 45, 60. 
 For land, see Vendob and PufiCHASEK, § 10. 
 
 Reservation of title to property as affecting 
 negotiability of note for purchase price. 
 43 L.R.A.(N.s.) 945. 
 
 § 2. Payment of. 
 
 Payable in instalments, see Instalments, 
 § 3. 
 
 Right of purchaser of, or creditors levying 
 on, goods sold for cash but delivered 
 without payment. 47 L.R.A.(N.S.) 
 173. 
 
 § 5. Eien for. 
 
 Lien of seller of personalty, see Sale, § 60. 
 Lien of vendor of land, see Vendor and Pue- 
 chasee, §§ 30-35. 
 
 Homestead exemption as against claim for 
 money loaned by third person to pay 
 off existing purchase money obligation. 
 L.R.A.1915E, 875. 
 
 § 6. Mortgage for. 
 
 Dower in land subject to purchase money 
 mortgage. 52 L.R.A. (N.S.) 540. ' 
 
 Homestead exemption as against claim for 
 money loaned by third person to pay 
 off existing purchase money mortgage. 
 L.R.A.19igE, 875. 
 
 PURCHASE MONEY MORTGAGE. 
 
 See Purchase Money, § 6. 
 
 Consult also L.R.A. Digests to date. 
 
 4.3— '16F. 
 
 PURE FOOD AND DRUGS ACT. 
 
 See Drugs and Druggists; Food. 
 
 PURE FOOD LAW. 
 
 See Food. 
 
 PURPOSE. 
 
 Motive, see Motive. 
 
 For which property may be taken under 
 
 power of eminent domain, see Eminent 
 
 Domain, II. d. 
 For which public m.oney may be used, see 
 
 Public Monet, § i. 
 
 Beneficent purpose as excuse or justifica- 
 tion of combination to raise price of 
 commodity. 51 L.R.A. (N.S.) 244. 
 
 QUALIFICATION. 
 
 Of voters, see Elections, I. 
 Of appraisers of insurance loss, see Insur- 
 ance, § 152b. 
 Of judge, see Judges, § 3. 
 Of jurors, see Jury, III. b. 
 Of witnesses, see Witnesses, II. 
 
 Effect of disqualification of members of 
 tribunal of mutual benefit society sus- 
 pending or e.xpelllng a member on con- 
 clusiveness of decision. 52 L.R.A. 
 (N.S.) 809. 
 
 QUANTUM MERUIT. 
 
 Recovery on, generally, see Contracts, §§ 
 129, 137. 
 
 Right of broker securing purchaser for part 
 of the property to recover on quantum 
 meruit. 51 L.R.A. (N.S.) 258. 
 
 QUARANTINE. 
 
 Of human beings, see Health, § 9. 
 
 Validity and construction of statutori' 
 regulations as to quarantine of infect- 
 ed animals. 43 L.R.A. (N.S.) 1074. 
 
 QUARRY. 
 
 § 1. Generally. 
 
 Right of municipal corporation to operate. 
 
 51 L.R.A.(N.S.) 1145. 
 
 32 
 
49S INDEX TO NOTES, 
 
 QUASHING. 
 
 ■Of indictment, see Indictmbint, etc., § 29. 
 
 *-t~^ 
 
 QUASI PUBLIC PROPERTY. 
 
 Liability to assessment for local improve- 
 ments. 44 L.E.A.(N.S.) 57. 
 
 QUAY. 
 
 See Whabves. 
 
 ♦ ' » 
 
 QUESTION FOR COURT. 
 
 See Tbial, III. 
 
 *-»♦ 
 
 QUESTION OF FACT. 
 See Trial, III. 
 
 *—¥ 
 
 QUIET ENJOYMENT. 
 Covenant for, see Covenants, III. e. 
 
 ♦-•-• 
 
 QUIETING TITLE. 
 See Cloud on Title. 
 
 QUOTATIONS. 
 
 Communication naming price as a quota- 
 tion, or an offer to sell. 3 B. E. C. 229. 
 
 QUO WARRANTO. 
 
 § 3. AVhen proper remedy. 
 
 § 4. — corporate matters. * 
 
 Quo warranto, or information in nature of 
 quo warranto, to test title to office 
 in private corporation. 51 L.R.A. 
 (N.S.) 1126. 
 English rule. 51 L.K.A.(N.S.) 1126. 
 American rule. 51 L.R.A. (N.S.) 1127. 
 Under statute. 51 L.R.A. (N.S.) 
 1128. 
 
 RACCOON. 
 
 Liability for injury by. 52 L.R.A. (N.S. 
 379. 
 
 RACE. 
 
 § 1. Division of mankind. 
 
 Civil rights of different races, see Civi 
 
 Rights. 
 See also Indians; Necboes; Race Segei 
 
 CATION. 
 
 Validity and enforceability of contract c 
 covenant in relation to real propert 
 which discriminates against persons b( 
 cause of race. L.R.A.1916B, 1208. 
 
 § 3. Mill race. 
 
 Creation of easement to use of mill race b 
 conveyance of mill. L.R.A.1915( 
 352. 
 
 4 »» 
 
 RACE PREJUDICE. 
 
 Libel or slander where "sting" is due f 
 race prejudice or antagonism. L.R.i 
 1916E, 679. 
 
 RACE SEGREGATION. 
 
 Validity of segregation statute or ordinanc 
 prohibiting persons of different race o 
 color from living in same locality. 4 
 L.R.A.(N.iS.) 1087; L.R.A.1915D, 684. 
 
 RACE WAY. 
 
 See Race, § 3. 
 
 RAILING. 
 
 At dangerous place in highway, see Higb 
 WAYS, § 73. 
 
 RAILROAD AID. 
 
 In general, see Railboads, § 26. 
 « ■ » 
 
 RAILROAD CARS. 
 
 See Cabs. 
 
 ♦ «» 
 
 RAILROAD COMMISSION. 
 
 See Public Seevice Commission. 
 
 4 « » 
 
 Begin with this hooli on every law question. 
 
 RAILRO.ci.D HAZARD. 
 
 What is, within statute abolishing felloe 
 servant rule. 47 L.R.A. (N.S.) 113. 
 
INDEX TO NOTES. 
 
 499 
 
 BAILBOAD RELIEF ASSOCIATION. 
 
 See Relief Associations. 
 
 BAILROADS. 
 
 /. In general, §§ 1, a. 
 II. Franchises and charter rights; 
 powers generally; motive pow- 
 er, §§ 3-5. 
 IT. Property; right o/ way; liens; 
 
 mortgages; taxes, §§ 12—33. 
 TI. Construction, maintenance, and 
 equipment, §§ 34:— 43. 
 
 a. In general, §§ 34, 35. 
 
 b. Aid in construction, § 36. 
 
 c. Depots and stations; 
 
 bridges, §§ 37, 38. 
 
 d. Crossings; cattle guards, §§ 
 
 31-34. 
 
 e. Sidings, spur trades, and lat- 
 
 eral roads, §§ 35, 36. 
 
 f. Fences; gates, §§ 37-41. 
 
 g. Diversion or obstruction of 
 
 water, § 43. 
 ¥11. Operation, §§ 43-87. 
 
 a. Duty and liability of railroad 
 company, §§ 4:3—78. 
 
 1. In general, §§ 43—45. 
 
 2. Liability generally, §§ 
 
 46-50. 
 8. Liability for injuries to 
 
 children, § 51. 
 4. Injuries to persons on or 
 
 near track, §§ 52—57. 
 6. Accidents at crossing, §§ 
 58-70. 
 
 (a) In general, §§ 58— 
 
 OS. 
 
 (b) Signals, §§ 66— 
 
 69. 
 
 (c) Flagmen; safety 
 
 gates, § 70. 
 
 6. Speed, §§ 71, 72. 
 
 7. Injuries to animals, §§ 
 
 73-76. 
 
 8. Fires, §§ 77, 78. 
 
 ft. Contributory negligence, §§ 
 79-86. 
 1. In general, § 79. 
 
 3. Persons on or near track, 
 
 § 80. 
 
 3. At crossing, §§ 81—84. 
 
 4. Injuries to animals, § 
 
 85. 
 
 5. As to fires, § 86. 
 
 I. In general. 
 
 § 1. Generally. 
 
 As carriers, see Carriers. 
 
 Electric railways, see Electric Railways. 
 
 Elevated railways, see Elevated Railroads. 
 
 Interurban railroads, see Inteburban Rail- 
 roads. 
 
 Private railroads, see Private Railroads. 
 
 Street railways, see Street Railways. 
 
 Compulsory connection with sidetracks, see 
 Carriers, § 149. 
 Consult also L.R.A. Digests to date. 
 
 RAILROADS, I.— cont'd. 
 
 Validity of contract with railroad company, 
 see Contracts, § 95. 
 
 Exercise of power of eminent domain by, see 
 Eminent Domain. 
 
 Laying out highway across, see Highways, 
 § 7. 
 
 Use and obstruction of highway by, see 
 Highways, IV. e. 
 
 Liability for injury by defective condition 
 of highway crossing, see Highways, 
 § 88. 
 
 Employees of, generally, see Master and 
 Servant. 
 
 Railroad commission, see Railroad Com- 
 mission. 
 
 Receiver for, see Receivers. 
 
 Service of process on, see Writ and Proc- 
 ess, II. c. 
 
 Use for railroad purposes of squares, parks 
 or commons as a diversion. 50 L.R.A. 
 (N.S.) 465. 
 
 Requiring connection or joint use of prop- 
 erties of railroad companies as a tak- 
 ing for which eompensation must be 
 made. 50 L.R.A.(N.S.) 652; L.R.A. 
 1916E, 759. 
 
 Full crew acts. 49 L.R.A. (N.S.) 977. 
 
 Existence of railroad right of way across 
 land at time of tonveyance as breach 
 of covenants. 48 L.R.A.(N.S.) 619. 
 
 Right of owner or lessee of mineral in place 
 to use surface for construction of rail- 
 roads or tramways. 48 L.R.A. (N.S.) 
 
 § 2. Foreign companies. 
 
 Service of process on, see Writ and Proc- 
 ess, II. c. 2. 
 
 II. Franchises and charter rights; poxv- 
 ers generally; motive power. 
 
 § 3. Generally. 
 
 Franchise for railroad in street, see High- 
 ways, IV. e. 
 
 Treatment of franchises in valuation of 
 property of. 48 L.R.A. (N.S.) 1063. 
 
 § 4. Foivers of, generally. 
 
 Right of railroad company to challenge 
 powers or privileges of rival. L.R.A. 
 191 6B, 1087. 
 
 IV. Property; right of way; liens; 
 mortgages; taxes. 
 
 § 12. Property generally. 
 
 Valuation of property of, see Public Serv- 
 ice Corporations, § 5. 
 
 § 14. Sale or transfer of property. 
 
 Attachment or garnishment of foreign rail- 
 road car. L.R.A.1915D, 838. 
 
 §15. Right of way. 
 
 For siding or spur track, see infra, § 36. 
 Adverse possession of right of way, see Ad- 
 verse Possession, § 11. 
 
500 
 
 INDEX TO NOTES. 
 
 RAILROADS, IV.— cont'd. 
 
 Taking land for, under power of eminent 
 domain, see Eminent Domain. 
 
 As additional burden on highway, see Emi- 
 nent Domain, § 57. 
 
 Rights and liabilities as against abutting 
 owner where railroad is constructed in 
 highway, see Highways, § 27. 
 
 Acquisition of prescriptive right of way 
 across railroad tracks. 48 L.R.A. 
 (N.S.) 903. 
 Contract exempting railroad company from 
 liability for burning building placed 
 upon its right of way under lease or by 
 permission of company. 44 L.R.A. 
 (N.S.) 1127. 
 Liability of railroad company to one other 
 than an employee, injured be- 
 cause of defects in track or road- 
 bed, while walking along track. 
 L.R.A.1916E, 461. 
 Injuries resulting solely from defects. 
 
 L.R.A.1916E, 461. 
 Where defects contributed to injuries. 
 L.R.A.1916E, 463. 
 
 § 17. — nses to nrliich right of way 
 may be devoted. 
 
 Measure of damages for right of way for 
 telegraph or telephone line on railroad 
 right of way. 1..R.A.1916E, 582. 
 
 Right to carry wires across railroad. 
 L.R.A.1915B, 823. • 
 
 VI. Construction, maintenance, and 
 equipment. 
 
 a. In general. 
 
 § 25. Injury to property; interfer- 
 ence irith rights of others. 
 
 Measure of damages for, see Damages, III. 
 
 q- 
 
 Right to compensation for, see Eminent Do- 
 main, §§ 49, 50. 
 
 Liability of successor of railroad company 
 for damages to abutting property from 
 construction of road in street. L.R.A. 
 1915D, 397. 
 
 6. Aid in construction. 
 
 § 26. Generally. 
 
 Power of municipality to assume part or all 
 of burden of adapting street or bridges 
 for use of railroads. 50 L.R.A. (N.S.) 
 143. 
 
 c. Depots and stations; bridges. 
 
 % 27. Depots and stations. 
 
 Duty of carrier toward passenger in re- 
 lation to station, see Carriers, III. j, 
 4. 
 
 Governmental regulations as to stations, see 
 Carriers, V. d. 
 
 Duty of railroad company to one who goes 
 upon station premises to transact busi- 
 ness with third person. L.R.A.1916A, 
 516. 
 
 Begin with this hooli on every law question. 
 
 RAILROADS, VI. c— cont'd. 
 § 28. Bridges. 
 
 Power of municiijality to assume part o 
 all of burden of adapting bridges fo 
 use of railroads. 50 L.R.A. (N.S.) Hi 
 
 Duty of railroad company to construct o 
 alter bridges at its own expense ove 
 public drainage ditches. L.R.A. 1915E 
 486. 
 
 d. Crossings; cattle guards. 
 
 g 29. Crossing by other railroad oi 
 street railroad. 
 
 Right to carry wires across railroad 
 L.R.A.1915B, 823. 
 
 Right of railroad company to compensatioi 
 for the crossing of its track, where i 
 intersects a street or highway, by ar 
 electric road. L.R.A.1915D, 843. 
 
 § 31. Highivay crossings. 
 
 Accidents at, see infra, VII. a, 5 ; VII. b, 3 
 Requirements at crossing, see Highways, ! 
 
 30. 
 Obstruction of crossings by trains,' see High 
 
 WAYS, § 32. 
 Liability for dangerous or defective condi 
 
 tion of crossing, see Highways, § 88 
 
 Power to compel railroad to establish oi 
 maintain at its own expense aii 
 overhead or unde "ground highwaj 
 crossing. L.R.A.] 91 5E, 751. 
 Power to compel construction of over 
 head or underground crossing ren- 
 dered physically necessary by con- 
 struction or alteration of railroad, 
 L.R.A.1915E, 752. 
 Power to compel maintenance or re- 
 pair of overhead or under- 
 ground crossing voluntarily 
 established. L.R.A.1915E, 
 
 7.53. 
 Maintenance or repair of roadway 
 and approaches to crossing. 
 L.R.A.1915E, 756. 
 Widening of crossing. L.R.A. 
 1915E, 757. 
 Power to compel separation of grade 
 crossing. L.R.A.1915E, 758. 
 Liability of railroad company to abutting 
 owner for damages from change of 
 grade of highway, necessary to carry it 
 across tracks. L.R.A.1916D, 1078. 
 Duty of railroad to conform crossing to 
 change of grade of street. L.R.A. 
 1915B, 766. 
 
 g 33, — safety gates and flagmen. 
 
 Power of municipality to require safety 
 gates at railroad crossings. 45 L.R.A. 
 (N.S.) 946. 
 
 § 34. Cattle guards. 
 
 Private action for violation of statute as 
 to building and maintenance of cattle 
 guards. L.R.A.1915E, 539. 
 Duty of railroad company to keep its cat- 
 tle guards in condition. L.R.A. 
 1915B, 134. 
 
INDEX TO NOTES. 
 
 501 
 
 RAILROADS, VI. i— cont'd. 
 
 Where required by statute. L.R.A. 
 
 1915B, 134. 
 As to snow and ice. L.R.A.1915B, 134. 
 Effect of contributory negligence of 
 
 owner. L.R.A.1915B, 134. 
 Evidence. L.R.A.1915B, 135. 
 
 Burden of proof and circumstantial 
 evidence. L.R.A.1915B, 135. 
 
 Competency. L.R.A.1915B, 135. 
 
 Sufficiency. L.R.A.1915B, 136. 
 Negligence of railroad company and 
 
 sufficiency of guard as questions 
 
 for jury. L.R.A.1915B, 136. 
 Liability for damage by trespassing cattle 
 which enter upon railroad property be- 
 cause of absence of, or defective condi- 
 tion of cattle-guards, and thence wan- 
 der ±0 adjoining property. 43 L.R.A. 
 (N.S.) 447; LR.A.1916E, 448. 
 
 e. Sidings, spur trades, and lateral 
 roads. 
 
 § 35. Generally. 
 
 Power to compel railroad to build, maintain 
 or connect with side track for accom- 
 modation of shippers. L.R.A.1915E, 
 
 682. 
 
 f. Fences; gates. 
 
 § 37. Fences. 
 
 Private action for violation of statutory 
 dutv to fence right of way. L.R.A. 
 1915E, 539. 
 
 Liability for damage by trespassing cattle 
 which enter upon railroad right of way 
 and thence wander to adjoining prop- 
 erty. 43 L.R.A.(N.S.) 447; L.R.A. 
 1916E, 448. 
 
 § 39. — tovard vrhom duty owed. 
 
 Obligation of railroad company to em- 
 ployees as to fencing track. 
 L.R.A.1916E, 207. 
 
 Statutory duty to fence. L.R.A.1916E, 
 207. 
 
 Liability in absence of statute. L.R.A. 
 1916E, 20!l. 
 
 Assumption of risk. L.R.A. 1916E, 209. 
 
 § 40. — at vhat place. 
 
 Duty of railroad to fence as requiring bar- 
 rier across culvert or under bridge. 5 
 B. R. C. 182. 
 
 g. Diversion or obstruction of water. 
 
 § 42. Generally. 
 
 Private action for violation of statute re- 
 quiring construction of culverts. 
 L.R.A.1915E, 539. 
 
 Duty as to protection of banks of changed 
 water course. L.R.A.1916F, 1302. 
 
 Duty of owner or tenant to protect crops 
 
 from backwater caused by obstruction 
 
 6f water by railroad companv. 49 
 
 L.R.A.(N.S.) 760. " ' 
 
 Consult also L.R.A. Vigesta to dfitr 
 
 RAILROADS— cowfd. 
 
 Til. Operation. 
 
 a. Duty and liability of railroad com- 
 pany. 
 
 1. In general. 
 
 § 43. Generally. 
 
 Injury to employees, see Master and Serv- 
 ant, III. 
 
 Question for jury as to negligence of rail- 
 road company, see Trial, § 43. 
 
 § 44. Abandonment; compelling oper- 
 ation. 
 
 Right of railroad to abandon operation of 
 its road. L.R.A.1915A, 549. 
 
 Entire road. L.R.A.1915A, 549. 
 
 Part of road or branch. L.R.A. 1915A, 
 552. 
 
 Spur and switch tracks. L.R.A.1915A, 
 555. 
 
 3. Liability generally. 
 
 § 46. Generally. 
 
 Liability for injury by frightening horse, 
 see HoESES, § 10. 
 
 Liability for injury to employees, see Mas- 
 tee AND Seevant, III. 
 
 Liability for injury to servants of third per- 
 sons, see Master and Servant, VII. 
 
 Liability for acts of servants, see Master 
 AND Servant, IV. 
 
 Proximate cause of injury, see Pboximate 
 Cause, IV. 
 
 For general questions of negligence and 
 contributory negligence, see Negli- 
 gence. 
 
 Duty of railroad company to one who goes 
 upon station premises to transact busi- 
 ness with third person. L.R.A.1916A, 
 516. 
 
 Liability for injury to person in building 
 upon right of way. 50 L.R.A. (N.S.) 
 1191. 
 
 Duty to protect one other than employee 
 from injury by movement of cars or 
 trains while loading or unloading 
 freight or express. L.R.A.1915F, 866. 
 
 § 48. Liability for injuries due to 
 acts of third persons. 
 
 Liability for acts of employees, see Master 
 AXD Servant, IV. 
 
 Liability of railroad company for injury 
 resulting from act of shipper of con- 
 signee in setting car in motion. 51 
 L.R.A.(N.S.) 888. 
 
 § 50. Duty and liability imposed by 
 statute or ordinance. 
 
 Private action for violation _of statute im- 
 posing duties on railroads. L.R.A. 
 191SE, 533. 
 
 Duty to signal approach of trains at 
 highway crossings. L.R.A.1915E, 
 533. 
 
 Duty at crossings. L.R.A. 1915E, 535. 
 
502 
 
 INDEX TO NOTES. 
 
 RAILROADS, VII. a, 2— cont'd. 
 
 Duty of blocking frogs, switches and 
 
 crossings. L.R.A.1915E, 537. 
 Duty to equip rolling stock with safe- 
 ty foot and hand-holds. L.R.A. 
 
 1915E, 537. 
 Duty at stations. L.R.A.191.)E, 538. 
 Limitations on speed. L.R.A. 1915E, 
 
 538. 
 Headlights at night. L.R.A.1915E, 
 
 538. 
 Duty to fence tracks. L.R.A.1915E, 
 
 539. 
 Duty to build and maintain cattle 
 
 guards. L.R.A.1915E, 539. 
 Duty to construct culverts. L.R.A. 
 
 1915E, 539. 
 
 3. Liability for injuries to children. 
 
 § 51. Generally. 
 
 Liability for injury to children on cars, see 
 Careiebs, § 55. 
 
 Liability of railroad operating trains longi- 
 tudinally along public street for in- 
 jury to children. 49 L.R.A.(N.S.) 671. 
 
 Liability of railroad company for injury 
 to, by car running wild. L.R.A. 1915A, 
 143. 
 
 4. Injuries to persons on or near track. 
 
 % 52. Generally. 
 
 Injuries due to excessive speed, see infra, 
 
 §§ 71, 72. 
 Contributory negligence, see infra, § 80. 
 
 Posting signs warning trespassers as affect- 
 ing liability of railroad company 
 for injury to persons walking on 
 track. 47 L.R.A.(N.S.) 506. 
 
 Where signs habitually disregarded. 
 47 L.R.A.(N.S.) 510. 
 Necessity and sufficiency of allegation or 
 
 proof as to time of injury. L.R.A. 
 
 1915A, 781. 
 Duty as to equipping car or train so as to 
 avoid or minimize injury to per- 
 sons on or near tracks. L.R.A. 
 1915A, 742. 
 
 Brakes. L.R.A.1915A, 744. 
 
 Air brakes. L.R.A.1915A, 744. 
 
 Duty to trespassers. L.R.A.1915A, 745. 
 Liability of railroad company for injury 
 
 to trespasser or licensee by car run- 
 ning wild. L.R.A.1915A, 143. 
 Negligence of railroad company in respect 
 to flying switches or detached cars 
 moving by their own momentum. 
 L.R.A.1916C, 1033. 
 
 Contributory negligence. L.R.A.1916C, 
 1039. 
 
 As question for jury. L.R.A.1916C, 
 1039. 
 
 § 52a. Railroad operated longitudi- 
 nally along street. 
 
 Duty and liability of railroad company 
 operating trains or cars longitudi- 
 nally along public street. 49 
 L.R.A.(N.S.) 660. 
 
 Begin with this hooU on every laic question. 
 
 RAILROADS, VII. a, i— cont'd. 
 
 Status of one on raihc 1 track in 
 
 street. 49 L.R.A. ( Is .t-. ) 661. 
 Mutual rights and obligations of rail- 
 road company and public in gen- 
 eral. 49 L.R.A.(N.S.) 663. 
 Duty and liability generally of rail- 
 road company. 49 L.R.A. 
 (N.S.) 665. 
 Degree of care, generally. 49 L.R.A. 
 
 (N.S.) 665. 
 Particular applications. 49 L.R.A. 
 (N.S.) 667. ■' 
 Injury to pedestrians. 49 
 
 L.R.A.(N.S.) 667. 
 Injury to drivers of vehicles. 
 
 49 L.R.A. (N.S.) 669. 
 Injury to persons in buildings 
 near track. 49 L.R.A. 
 (N.S.) 670. 
 Injury to children. 49 L.R.A. 
 (N.S.) 671. 
 Lights and signals. 49 L.R.A. (N.S.) 
 
 672. 
 Speed. 49 L.R.A. (N.S.) 674. 
 Lookout. 49 L.R.A. (N.S.) 676. 
 Blowing off of steam or causing other 
 
 noises. 49 L.R.A. (N.S.) 677. 
 Defects in roadbed. 49 L.R.A.(N.S.) 
 
 678. 
 Contributory negligence. 49 L.R.A. 
 (N.S.) 679., 
 Walking upon or near tracks. 49 
 
 L.R.A. (N.Sf) 681. 
 Driving upon or near tracks. 49 
 
 L.R.A.(X.S.) 683. 
 Acts done to check horses or pro- 
 tect other property. 49 L.E.A. 
 (N.S.) 684. ' ' 
 
 Stepping from one track to an- 
 other. 49 L.R.A.(N.S.) 685. 
 Passing around end of cars. 49 
 
 L.R.A.(N.S.) 686. 
 Children. 49 L.R.A. (N.S.)' 686. 
 Defective or intoxicated persons. 
 49 L.R.A.(N.S.) 687. 
 Presumption and burden of proof. 49 
 
 L.R.A.(N.S.) 688. 
 Wanton or wilful injury and gross 
 negligence. 49 L.R.A.(N.S.) 688. 
 Proximate cause. 49 L.R.A. (N.S.) 690. 
 
 § 56. Keeping lookont. 
 
 At crossing, see infra, § 65. 
 
 Duty to keep lookout for trackmen. L.R.A. 
 
 1916F, 564. 
 To what places and operations does statute 
 
 or ordinance requiring lookout on 
 
 trains apply. 51 L.R.A. (N.S.) 
 
 618. 
 Operations in railroad vards and depot 
 
 grounds. 51 L.R.A. (N.S.) 618. 
 Operations in private railroad yards of 
 
 manufacturer. 51 L.R.A. (N.S.) 
 
 619. 
 Operations at public crossings. 51 
 
 L.R.A.(N.S.) 619. 
 Running backwards. 51 L.R.A. (N.S.) 
 
 619. 
 Miscellaneous operations. 51 l!r.A. 
 
 (N.S.) 621. 
 
INDEX TO NOTES. 
 
 503 
 
 RAILJROADS, VII. a, 4—confd. 
 
 Duty as to lookout of railroad operating 
 trains or cars longitudinally alonf pub- 
 lic street. 49 L.E.A. (N.S.) 676. 
 
 Duty of railroad to remove obstructions on 
 right of way interfering with looliout 
 from train. L.R.A.1916F, 130. 
 
 § 57. Signals. 
 
 At crossings, see infra, §§ 66-69. 
 
 Duty of railroad company to warn track 
 employees of approach of train or car. 
 L.R.A.1916F, 555. 
 
 Duty of railroad company operating trains 
 or cars longitudinally along public 
 street as to signals. 49 L.R.A. (N.S ) 
 672. 
 
 5. Accidents at crossing, 
 
 (a) In general. 
 
 § 58. Generally. 
 
 Speed at, see infra, §§ 71, 72. 
 Contributory negligence, see infra, §§ 81- 
 
 84. 
 
 Private action for violation of crossing 
 regulations. L.R.A.1915E, 535. 
 
 Duty and liability of railroad company as 
 to crossing which appears to be part 
 of a public street or highway. 51 
 L.E.A.(N.S.) 1215. 
 
 Negligence of railroad -company in respect 
 to flying switches or detached cars 
 moving by their own momentum. 
 L.R.A.1916C, 1034. 
 
 Liability where person or vehicle runs into 
 side of train at crossing. L.R.A. 1915A, 
 363. 
 
 § 60. Defects in crossing. 
 
 Injuries otherwise than by train, see Hkih- 
 WATS, § 88. 
 
 Private action for violation of statute as 
 to blocking frogs, switches and cross- 
 ings. L.R.A.1915E, 537. 
 
 Defects in i-oadbed of company operating 
 train or cars longitudinally along pub- 
 lic street. 49 L.R.A. (N.S.) 678. 
 
 § 62. Obstructing crossing. 
 
 Contributory negligence, see infra, § 82. 
 Obstruction of crossings by trains general- 
 ly, see Highways, § 32. 
 
 Violation of statute or ordinance in relation 
 to blocking railroad crossing as 
 affecting liability for injury. 47 
 L.R.A.(N.S.) 820. 
 Private right of action for violation of 
 statute or ordinance. 47 L.R.A. 
 (N.S.) 821. 
 Violation of statute or ordinance as 
 negligence per se. 47 L.R.A. 
 (N.S.) 821. 
 As evidence of negligence. 47 
 L.R.A.(N.S.) 821. 
 Necessity that violation of statute or 
 ordinance be proximate cause of 
 injury. 47 L.R.A.(N.S.) 822. 
 Consult also L.R.A. Digests to elate. 
 
 RAILROADS, VII. a, 5 (a.)— cont'd. 
 
 Necessity that the injury be such as 
 
 statute aimed to prevent, or that 
 
 person complaining be within the 
 
 class designed to be protected. 47 
 
 L.R.A.(N.S.) 823. 
 When violation of statute or ordinance 
 
 deemed proximate cause of injury. 
 
 47 L.R.A. (N.S.) 824. 
 Effect of contributory negligence. 47 
 
 L.R.A.(N.S.) 828. 
 Miscellaneous. 47 L.R.A.(N.S.) 829. 
 
 § 65, Lookout. 
 
 For persons on track, see supra, § 56. 
 
 To what places and operations does stat- 
 ute or ordinance requiring lookout on 
 trains apply. 51 L.R.A. (N.S.) 618. 
 
 (h) Signals. 
 
 § 66. Generally. 
 
 At places other than crossing, see supra, 
 § 57. 
 
 Private action for violation of statutory 
 duty to signal approach to crossings. 
 L.R.A.1915E, 533. 
 
 Right of traveler to rely on automatic sig- 
 nals at crossing. L.R.A.1916D, 788. 
 
 § 68. ToDvard whom duty o-wed. 
 
 Duty to give crossing signals for protec- 
 tion of animals. 46 L.R.A. (N.S.) 881. 
 Duty of railroad company to give crossing 
 signals for the benefit of persons 
 near crossing, but not about to 
 use the same. L.R.A. 1915D, 962. 
 Duty as to persons on parallel road, 
 not intending to ' cross track. 
 L.R.A.1915D. 962. 
 Duty as to persons using near-by 
 private crossing. L.R.A.1915D, 
 963. 
 Duty as to trespassers and licensees. 
 
 L.R.A.1915D, 964. 
 Duty as to persons lately using cross- 
 ings. L.R.A.1915D, 964. 
 
 § 69. At what crossings. 
 
 Duty of railroad to give crossing signals 
 at place not technically a highway 
 crossing, but used as such. 4f> 
 L.E.A.(N.S.) 814. 
 
 Signals required. 49 L.R.A. (N.S.I S14. 
 
 Signals not required. 49 L.R.A. (X.S.) 
 817. 
 
 (c) Flagmen; safety gates. 
 
 § 70. Generally. 
 
 In general, see supra, § 33. 
 
 Duty of traveler going upon railroad cross- 
 ing when gates are open. L.E.A. 1916E, 
 821. 
 
 6. Speed. 
 
 § 71. Generally. 
 
 Negligence as to speed of railroad coi"ii;iiiv 
 operating trains or cars longitudinal- 
 ly along public street. 49 L.R.A. (N.S.) 
 674. 
 
504 
 
 INDEX TO NOTES. 
 
 PvAILROADS, VII. a, 6— cont'd. 
 
 § 72. Regulations of, by statute or 
 ordinance; violations of regula- 
 tions. 
 
 Private action for violation of statutory 
 limitation of speed. L.E,.A.1915E, 538. 
 
 Violation of ordinance as to, by company 
 operating trains or cars longitudinally 
 along public street. 49 L.R.A.(N.S.) 
 674. 
 
 Presumption and burden of proof as to 
 negligence of railroad company operat- 
 ing trains longitudinally along public 
 street. 49 L.R.A.(N.S.) 688. 
 
 7. Injuries to animals. 
 
 § 73. Generally. 
 
 Duty of railroad company as to cattle 
 
 guards, see supra, § 34. 
 Contributory negligence, see Infra, § 85. 
 Frightening horses, see Horses, § 10. 
 
 Validity of statutory provision for attor- 
 ney's fee in action for killing cattle. 
 L.R.A.1915E, 944. 
 Necessity and sufficiency of allegation or 
 proof as to time of injury. L.R.A. 
 1915A, 781. 
 Duty as to equipping car or train so as to 
 avoid or minimize injury to animals 
 on or near tracks. L.R.A.1915A, 742. 
 Duty to give crossing signals for protection 
 of animals. 46 L.R.A. (N.S.) 881. 
 Animals at crossing. 46 L.R.A. (N.S.) 
 881. 
 Duty in general. 46 L.R.A.(N.S.) 
 
 881. 
 Negligence in failure to give re- 
 quired signals. 46 L.R.A. 
 (N.S.) 884. 
 Animals not at crossing. 46 L.R.A. 
 (N.S.) 885. 
 Duty of railroad as to fowls upon track. 
 47 L.R.A.(N.S.) 1125. 
 
 § 75. I<ack of, or defects in fences or 
 gates. 
 
 Duty as to fences generally, see supra, §§ 
 37-40. 
 
 Duty of railroad to fence as requiring bar- 
 rier across culvert or under bridge. 
 5 B. R. C. 182. 
 
 S. Fires. 
 
 § 77. Generally. 
 
 Contributory negligence, see infra, § 86. 
 
 Private action for violation of statute re- 
 quiring spark arresters on engines. 
 L.R.A.1915E, 539. 
 
 Construction and effect of statute giving 
 railroad company, responsible for the 
 destruction of property by fire, the 
 benefit of insurance effected by owners. 
 52 L.R.A.(N.S.) 203. 
 
 Scope and effect of clause in fire insurance 
 policy exempting insurer from liabil- 
 ity for loss by fire from, or occasioned 
 by locomotive engines. 51 L.R.A. 
 (N.S.) 518 
 
 Begin with this ItooTc on every law question. 
 
 RAILROADS, VII. a, 8-r-cont'd. 
 Measure of damages for destruction o) 
 
 standing timber by fire set by locomo 
 
 tive. 52 L.R.A.(N.S.) 92. 
 
 ft. Contributory negligence. 
 1. In general. 
 
 § 79. Generally. 
 
 Persons on train, see Carbieks, III. k. 
 
 Contributory negligence of railroad employ- 
 ees, see Master and Servant, III. c. 
 
 Contributory negligence as to street cars, 
 see Street Railways, IV. c. 
 
 2. Persons on or near track,. 
 
 § 80. Generally. 
 
 Negligence of company, see supra, §§ 52- 
 
 57. 
 On street car track, see Street Railways, 
 
 § 20. 
 
 Contributory negligence of person injured 
 by railroad trains or cars operated 
 longitudinally along public street. 49 
 L.R.A.(N.S.) 679. 
 Intoxication of person injured on track as 
 contributory negligence. 47 L.R.A. 
 (N.S.) 734, 736. 
 Right of one on railroad track to rely on 
 custom to move trains on certain 
 track only in one direction. L.R.A 
 1916D,. 706. 
 Railroad employees. L.R.A.1916D, 708. 
 
 8. At crossing. 
 
 § 81. Generally. 
 
 Negligence of company, see supra, §§ 58-69. 
 
 Contributory negligence in attempting to 
 
 use railroad crossing known to be in 
 
 a dangerous or defective condition. 
 
 L.R.A.1915C, 813. 
 Where person or vehicle runs into side of 
 
 train at crossing. L.R.A.1915A, 362. 
 Care required of driver of automobile at 
 
 railroad crossing. 46 L.R.A. (N.S.) 
 
 702. 
 Intoxication of person injured amounting to 
 
 contributory negligence. 47 L.R.A. 
 
 (N.S.) 735. 
 Contributory negligence of one injured by 
 
 car making flying switch or detached 
 
 car moving by its own momentum, 
 
 L.R.A.1916C, 1039. 
 Right of traveler to rely on automatic 
 
 signals at crossing. L.R.A.1916D, 788. 
 Duty of traveler going upon railroad cross- 
 ing when gates are open. L.RA. 
 
 1916E, 821. 
 Personal contributory negligence of person 
 riding in vehicle driven or con- 
 trolled by another at railroad 
 crossing. L.R.A.1915E, 225. 
 
 Companion or guest. L.R.A.1915E, 226. 
 
 Children. L.R.A.1915E, 230. 
 
 Husband and wife. L.R.A.1915E, 232. 
 
 Employer and employees. L.R.A. 
 1915E, 233. 
 
 Passenger for hire. L.R.A.1915E, 234. 
 
INDEX TO NOTES. 
 
 505v 
 
 RAILROADS, VII. b, 3— cont'd. 
 
 § 82. 'Where train obstructs crossing. 
 
 Negligence of company, see supra, § C2. 
 Obstruction of crossings by trains general- 
 ly, see Highways, § 32. 
 
 Contributory negligence in attempting to 
 cross a train standing on a cross- 
 ing. 50 L.R.A.(N.S.) 1012. 
 Effect of company's giving, or failure 
 to give, warning before starting 
 train. 50 L.R.A.(N.S.) 1013. 
 Effect of pedestrian's looking or fail- 
 ure to look. 50 L.R.A.(N.S.) 1013. 
 Minors. 50 L.R.A.(N.S.) 1013. 
 Effect of contributory negligence on lia- 
 bility for injury resulting from viola- 
 tion of statute or ordinance in relation 
 to blocking crossing. 47 L.R.A. (N.S.) 
 828. 
 
 g 83. Duty to stop, look, and listen. 
 
 Credibility and effect of testimony of per- 
 son injured at a railroad crossing that 
 he looked and listened where he must 
 have detected the train had he looked 
 or listened. L.R.A.1915B, 140. 
 Duty of traveler going upon railroad cross- 
 ing when gates are open. L.R.A. 
 1916E, 821. 
 Duty of driver of automobile as to stop- 
 ping, looking, and listening. 46 
 L.R.A.(N.S.) 702. 
 Where danger is apparent. 46 L.R.A. 
 
 (N.S.) 704. 
 Where view is obstructed. 46 Ii.R,A. 
 
 (N.S.) 705. 
 Where driver voluntarily stops. 46 
 
 L.R.A. (N.S.) 706. 
 Where motor engine stops. 46 Ij.R.A. 
 
 (N.S.) 707. 
 Crossings where flagman maintained. 
 46 L.R.A.(N.S.) 707. 
 Failure to look before crossing train .stanil- 
 ing on a crossing. 50 L.R.A. (N.S.) 
 1013. 
 
 § 84. — duty as to place and direction 
 of observation. 
 
 Duty of driver of automobile where view 
 is obstructed. 46 L.R.A. (N.S.) 705. 
 
 4. Injuries to animals. 
 
 § 85. Generally. 
 
 Negligence of company, see supra, § 73. 
 
 Effect of contributory negligence where 
 railroad company has failed to per- 
 form duty as to keeping cattle guards 
 in proper condition. L.R.A.1915B, 
 134. 
 
 5. As to fires. 
 
 § 86. Generally. 
 
 Negligence of company, see supra, § 77. 
 
 Duty of owner of property adjoining rail- 
 road right of way to protect it from 
 fires set out by passing locomotives. 
 49 L.R.A.(N.S.) 166. 
 CoHsxiU also L.R.A. Digests to date. 
 
 RAILROAD SIDINGS. 
 
 See Spue Teacks and Sidings. 
 
 ♦-•-♦ 
 
 RAINFALL. 
 
 Liability of railroad company to employees 
 for injuries caused by defects in road- 
 bed caused or accompanied by rainiall. 
 49 L.R.A.(N.S.) 198. 
 
 RAISED CHECKS. 
 
 See Banks, §§ 24, 29. 
 
 RAPE. 
 
 § 1. Generally. 
 
 Right of husband to recover for illicit inter- 
 course with wife, accomplished by force. 
 52 L.R.A.(N.S.) 373. 
 Giving liquor or drugs to female with view 
 to having sexual intercourse with her 
 as constructive rape or assault with in- 
 tent to commit rape. 46 L.R.A. (N.S. ) 
 422. 
 Impotency or senility as defense to prose- 
 cution for rape or assault with in- 
 tent to commit rape. L.I^.A.lOloB. 
 131. 
 Rape. L.R.A.1915B, 131. 
 Assault with attempt to rape. L.R.i. 
 
 1915B, 132. 
 Evidence of impotency. L.R.A.191.3B, 
 
 132. 
 Burden of proof. L.R.A.1915B, 133. 
 Of female of unsound mind. L.R.A.1916F, 
 742. 
 Consent. L.R.A.1916F, 743. 
 Force and resistance. L.R.A.1916F, 
 
 745. 
 Ignorance of mental condition. L.R.A. 
 
 1916F, 746. 
 Under special statute. L.R.A.1916F, 
 
 747. 
 Indictment and information. L.R.A. 
 
 1916F, 748. 
 Evidence. L.R.A.1916F, 749. 
 Intercourse secured through sham marriage 
 
 as rape. L.R.A.1916F, 796. 
 Jurisdiction to punish assault with intent 
 to rape committed on Indian reserva- 
 tion within state limits. L.R.A.1915F, 
 591. 
 Right of court to exclude public from court 
 
 room. 44 L.R.A. (N.S.) 583. 
 Argument of prosecuting attorney that an 
 acquittal would encourage lynch law 
 as ground for reversal. 51 L.R.A. 
 (N.S.) 914. 
 Cruel and unusual punishment for. L.R.A. 
 
 1915C, 569. 
 Former jeopardy in case of. L.R.A.1P15A, 
 256.' 
 
506 
 
 INDEX TO NOTES. 
 
 WiAFE— cont'd. 
 § 3. Of female under age of consent. 
 
 ■Civil liability for intercourse with child 
 under age of consent. 51 L.E.A. (N.S.) 
 982. 
 
 48 
 
 48 
 
 ^ 4. Evidence in prosecntion for. 
 
 Proof of corpus delicti in rape. L.E.A. 
 
 1916B, 747. 
 Presumption and burden of proof as to chas- 
 tity, where it is an ingredient of the 
 offense or a condition of conviction. 43 
 L.E.A.(N.S.) 476. 
 Kight of accused to show unchastity of 
 prosecutrix in statutory rape. 48 
 L.E.A.(N.S.) 269. 
 As excuse or justification. 48 L.E.A. 
 (N.S.) 270. 
 Under statutes requiring chastity. 
 48 L.E.A.(N.S._) 271. 
 As refuting evidence of intercourse. 48 
 L.E.A.(N.S.) 272. 
 To affect' credibility of prosecutrix. 
 48 L.E.A.(N.S.) 272. 
 Cross-examination. 48 L.E.A. 
 
 (N.S.) 273. 
 Testimony of third person. 48 
 L.E.A.(N.S.) 274. 
 As showing motive. 48 L.E.A. 
 
 (N.S.) 275. 
 To repel unfavorable inference from 
 circumstances. 48 L.E.A. 
 (N.S.) 275. 
 From fact of pregnancy. 
 L.E.A.(N.S.) 276. 
 To create favorable inference. 
 L.E.A.(N.S.) 277. 
 Bad reputation as proof of unchastity. 
 
 48 L.E.A.(N.S.) 278. 
 In mitigation of punishment. 48 
 L.E.A. 278. 
 Evidence of other crimes in prosecution for 
 rape or assault to rape. 48 L.E.A. 
 (N.S.) 236. 
 Statutory rape. 48 L.E.A.(N.S.) 236. 
 Similar acts with the same female, 
 in general. 48 L.E.A. (N.S.) 
 236. 
 Similar acts prior to the one 
 charged. 48 L.E.A. (N.S.) 
 236. 
 Similar acts subsequent to the one 
 charged. 48 L.E.A.(N.S.) 237. 
 Different crime or crimes with oth- 
 ers than prosecuting witness. 
 48 L.E.A.(N.S.) 238. 
 Texas decisions. 48 L.E.A.(N.S.) 
 
 238. 
 Accessory to statutory rape. 48 
 
 L.E.A. (N.S.) 239. 
 Common-law rape. 48 L.E.A. 
 
 (N.S.) 239. 
 Assault to rape. 48 L.E.A.(N.S.) 
 240. 
 Evidence of specific instances of unchastity 
 of alleged victim of rape. L.E.A. 
 1916B, 965. 
 Letters identified only by prosecutrix as cor- 
 roboration of her testimony to prove I 
 rape. 49 L.E.A. (N.S.) 1198. 
 Begin with this hook on every law question. 
 
 EAPE— cowt'd. 
 
 Admissibility against one spouse of ev 
 
 dence of facts revealed by physic; 
 
 examination of other spouse who wou 
 
 be an incompetent witness. 49 L.E.j 
 
 (N.S.) 563. 
 
 BATES. 
 
 § 1. Generally. 
 
 Of interest, see Interest, § 19. 
 
 Is exempt portion of estate to be include 
 or excluded in determining amount ft 
 purpose of fixing rate of succession ta: 
 51 L.E.A.{N.S.) 1075. 
 
 § 2. Cf public service corporation: 
 
 Of carriers, see Caeeiers, §§ 154-160. 
 
 For ferry, see Feebt, § 7. 
 
 For gas, see Gas, §§ 7, 8. 
 
 For insurance, see Instieance, § 119. 
 
 Of telegraph company, see Teleqeaphs, 
 7. 
 
 Of telephone company, see Telephones, 
 5.. 
 
 For water, see Waters, §§ 97, 120-122. 
 
 Valuation of public utility plants and r< 
 turn of public service corporation fo 
 rate-making purposes, see Publi 
 Service Corpoeations, §§ 5, 6. 
 
 Eight of state to maintain action to ri 
 cover excess rates or charges exacte 
 of individuals by public service corpc 
 rations. L.E.A.1916C, 336. 
 
 Consumer's right to compel public servic 
 corporation to respect rates stipulate 
 in contract with municipality. L.E.i 
 1915D, 917. 
 
 Power of municipality operating a publi 
 utility to make a special rate to 
 particular company or person. L.E.i 
 1916D, 996. 
 
 Incorporation of territory into municipa 
 ity as affecting existing contract o 
 public service in that territory as t 
 rate. L.E.A.1916A, 1071. 
 
 Power of municipality, apart from contraci 
 to regulate the rates to be charged b 
 public service corporations. 43 L.E.^ 
 (N.S.) 994. 
 Suits concerning, against state officers, a 
 suits against the state. 44 L.E.^ 
 (N.S.) 215. 
 Eight to reduce rates of public servic 
 corporation fixed by franchise o 
 charter. L.E.A.1915C, 261. 
 Power to make binding contract as t 
 rates of public service corpc 
 rations. L.E.A.1915C, 262. 
 Power of the state. L.E,A.1915( 
 
 262. 
 Power of a municipality. L.E.J^ 
 1915C, 264. 
 What amounts to contract precludin 
 subsequent regulation by pul 
 lie. L.E.A.1915C, 268. 
 Conferring power to charge fo 
 service. L.E.A.1915C, 270. 
 
INDEX TO NOTES. 
 
 507 
 
 RATES— cont'd. 
 
 Conferring power to fix charges. 
 
 L.R.A.1915C, 271. 
 Effect of naming maximum rates. 
 L.R.A.1915C, 273. 
 View that designation of max- 
 imum rate gives contract 
 right to charge that rate. 
 L.R.A.1915C, 273. 
 View that designation of max- 
 imum rate does not give 
 contract right to charge 
 that rate. L.R.A.1915C, 
 274. 
 Miscellaneous. L.R.A.1915C, 276. 
 Regulation of rates as exercise of re- 
 served power to alter charter. 
 L.R.A.1915C, 277. 
 Loss of privilege of exemption from 
 regulation of rates. L.R.A. 
 191oC, 279. 
 By assignment and consolidation. 
 
 L.R.A.1915C, 279. 
 By waiver. L.R.A.1915C, 281. 
 Right to raise rates of public service corpo- 
 ration fixed by franchise. L.R.A.1915C, 
 2S7. 
 Effect of contract with patrons to preclude 
 regulation of rates of public service 
 corporations. L.R.A. 1915C, 282. 
 
 KATIFICATION. 
 
 § 1. Generally. 
 
 Of contract, see Coktbacts, §§ 110, 111, 
 
 163. 
 Of loan, see Loan, § 2. 
 By corporation, see Cobpoeatioxs, § 34. 
 Of agent's acts generally, see Peincipal 
 
 AND Agent, IV. d. 
 
 Retention of consideration as a, ratification 
 defeating defense that contract was 
 made on Sunday. 44 L.R.A. (N.S.,) 289. 
 
 By connecting carrier of contract made by 
 initial carrier. 52 L.R.A. (X.S.) 865. 
 
 § 2. By husband. 
 
 Husband's liability for necessaries furnished 
 wife on ground of ratification. 47 
 L.R.A.{N.S.) 282. 
 
 § 4. By employer. 
 
 Of employment of subagent by real estate 
 broker. 43 L.R.A. (N.S.) 802. 
 
 BATS. 
 
 See Vermin. 
 
 RAVISHMENT. 
 
 See Rape. 
 
 Consult also L.R.A. Digests to date. 
 
 BEAX ESTATE AGENT. 
 
 See Brokers. 
 
 » • » 
 
 REAL PROPERTY. 
 
 § 1. Generally. 
 
 Abstracts of title, see Abstracts. 
 
 Adverse possession of, see Adverse Posses- 
 sion. 
 
 Boundaries of, see Boundaries. 
 
 Cloud on title of, see Cloud on Title. 
 
 Conditions relating to, see Conditions, II. 
 
 Contracts for, see Contracts, II. g, 6; 
 Specific Performance; Vendor and 
 Purchaser. 
 
 Right of corporation to take or own, see 
 Corporations, §§ 26, 26a, 142. 
 
 Jurisdiction of action affecting land in 
 other state, see Courts, § 21. 
 
 Covenants as to, see Covenants. 
 
 Damages for injury to, see Damages, III. 
 n. 
 
 Measure of damages for breach of contract 
 as to, see Damages, III. b, 3. 
 
 Dedication of, see Dedication. 
 
 Description of, see Description, § 4. 
 
 Admissibility of declarations of former 
 owner, see Evidence, § 233. 
 
 As to fixtures, see Fixtures. 
 
 Injunction as to, see Injunction, II. e. 
 
 Limitation of actions concerning, see Limi- 
 tation of Actions, §§ 9, 43, 57. 
 
 Matters as to lis pendens, see Lis Pendens, 
 
 As to mines, see Mines. 
 
 Notice of rights in, see. Notice, §§ 16, 17. 
 
 Parties plaintiff in actions affecting, see 
 Parties, § 4. 
 
 Partition of, see Partition. 
 
 Partnership lands, see Partnership, § 18. 
 
 Possession of, see Possession, I. 
 
 Valuation of property of public utility cor- 
 porations, see Public Service Corpo- 
 rations, § 5. 
 
 Public lands, see Public Lands. 
 
 Records of instruments affecting, see Rec- 
 ords and Recording Laws, IV. b. 
 
 Specific performance of contracts as to, see 
 Specific Performance, II. d. 
 
 Timber on, see Timber. 
 
 Investments by trustee in real estate or real 
 estate securities, see Trusts, § 26a. 
 
 Rights in land under water, see Waters, 
 I. e, 3. 
 
 Probate of wills relating to, see Wills, II. 
 1. 
 
 Equitable conversion of, see Wills, § 117. 
 
 Duress of real property. L.R.A. 1915B, 498. 
 Doctrine as to possibility of issue extinct us 
 
 affecting property rights. 48 L.R.A. 
 
 (N.S.) 865. 
 Real property or things savoring of realty 
 
 as the subject of larceny. 49 L.R.A. 
 
 (N.S.) 965. 
 
 § Z. What regarded as. 
 
 Equitable conversion, see Wills, § 117. 
 Rights under optional land contract as real 
 
 or personal property. L.R.A. 1916F, 
 
 358. 
 
508 
 
 IKDEX TO NOTES. 
 
 REAL PROPERTY— eomt'd. 
 § 3. Title to, or estate in. 
 
 Title acquired by adverse possession, see 
 Adverse Possession. 
 
 Estate by curtesy, see Cdbtest. 
 
 Estate by dower, see Dower. 
 
 Rights of eotenants as to, see Cotenanct. 
 
 Homestead in, see Homestead. 
 
 Rights of husband and wife in, see Hus- 
 band AND Wife, IV. 
 
 Respective rights of life tenants and remain- 
 dermen, see Life Tenants. 
 
 Notice of rights in, see Notice, §§ 16, 17. 
 
 Notice of, from possession of land, see 
 Notice, § 17. 
 
 Estoppel of one who permits title of real 
 property to stand in another's name 
 to assert title as against the latter's 
 creditors. 46 L.R.A.(N.S.) 1097. 
 
 § 4. Sale or transfer of. 
 
 Liability for defects in abstract of title, see 
 Abstracts, § 2. 
 
 Conflict of laws as to transfer of, see Con- 
 flict OF Laws, § 28. 
 
 Extent of recovery for taking of, under 
 power of eminent domain, see Dam- 
 ages, III. q. 
 
 Champertous conveyances, see Champeett 
 AND Maintenance. 
 
 Deeds of, see Deeds. 
 
 Taking of, under power of eminent domain, 
 see Eminent Domain. 
 
 Sale of, by personal representatives, see 
 Executors and Administbatobs, §§ 
 17, 59. 
 
 Conveyance of, in fraud of creditors, see 
 Fraudulent Conveyances. 
 
 Sale of, by guardian, see Guardian and 
 Wabd, § 14. 
 
 Injunction against transfer of, see Injunc- 
 tion, § 15. 
 
 Lease of, see Landlord and Tenant, III. 
 
 Mortgage of, see Mortgage. 
 
 Partition of, see Pabtition. 
 
 Perpetuities and suspension of power of 
 alienation, see Perpetuities. 
 
 Sale under power, see Powers. 
 
 Rights, duties and liabilities on transfer of, 
 see Vendor and Ptjbchaser. 
 
 Devise of, generally, see Wills, V. 
 
 Devise of real property by nuncupation. 
 L.R.A.1916E, 1132. 
 
 BSASONABU: DOUBT. 
 
 Proof beyond, in criminal case, see Evi- 
 dence, §§ 323, 324. 
 
 REASONABLENESS. 
 
 § 1. Generally. 
 
 Of time, see Time, §§ 6, 12. 
 
 Question for jury as to, see Trial, § 23. 
 
 REASONABLENESS— cont'd. 
 
 Of amount of alimony awarded on absolu 
 
 divorce. 44 L.R.A.(N.S.) 1015: 
 Instruction in homicide cases upon rule 
 
 reasonable doubt with reference 
 
 cause of death. 49 L.R.A.(N.S.) 91 
 Of agreement in restraint of trade anc 
 
 lary to sale of business or professio 
 
 L.R.A.1916C, 626. 
 
 § 4. Matters as to rates or prices. 
 
 Of license fees, see License, §§ 47-49. 
 
 Reasonable return to which public servi 
 corporations are entitled. L.R.. 
 1915A, 21. 
 
 § 7. Of by-laurs, rules, and reguls 
 tions. 
 
 Of carrier's rules, see Carriers, § 4. 
 
 Of regulation of draymen. 45 L.R.A. (N.S 
 1156. 
 
 4 « » 
 
 REASONABLE TIME. 
 
 See Time, §§ 6, 12. 
 
 REBATES. 
 
 Effect of rebate on insurance premium upc 
 contract of insurance and its incident 
 49 L.R.A.{N.S.) 147. 
 
 REBUTTAL. 
 
 See Evidence, XII. k. 
 
 ♦ »» 
 
 RECALL. 
 
 See Initiative, Referendum and Recal: 
 § 2. 
 
 RECAPTURE. 
 
 Of property, assault during, see Assaui 
 
 and Battery, § 5. 
 Of personal property generally, see Pei 
 
 SONAL PBOPBBTY, § 8. 
 
 RECEIPT. 
 
 Begin with this boolc on every law question. 
 
 g 1. Generally. 
 
 Warehouse receipts, see Warehousemei 
 § 5.. 
 
 Parol evidence to vary, in favor of ( 
 against a stransjer to the contrac 
 L.R.A.1916A, 597, 608. 
 
INDEX TO NOTES. 
 
 509 
 
 RECEIVERS. 
 
 I. In general, § 1. 
 
 II. Appointment, §§ 3—10. 
 
 III. Bights and powers, §§ 11—14. 
 
 IV. Liability; claims; priorities; set- 
 
 off; receivers' certificates ; liens, 
 §§ 15-21. 
 V. Actions; accounting; garnishment 
 of, §§ 32-25. 
 VI. Cost of receivership, § 36. 
 VII. Foreign receivers, § 37. 
 
 I.. In general, 
 
 § 1. Generally. 
 
 Taxation of property in hands of receiver. 
 L.R.A.1915E, 211. 
 
 II. Appointtnent, 
 
 § 3. Jurisdiction to appoint. 
 
 Inherent jurisdiction of equity independent- 
 ly of statute at the instance of stock- 
 holders to appoint a receiver or wind 
 up a, corporation because of misman- 
 agement or fraud of its officers. L.R.A. 
 1915A, 606. 
 
 § 6. Effect of appointment. 
 
 Service of process after appointment of re- 
 ceiver upon person designated by stat- 
 ute to receive service for corporation. 
 47 L.RA..(N.S.) 179. 
 
 Appointment of receiver for corporation as 
 affecting its right to sue. 50 L.R.A. 
 (N.S.) 384. 
 
 ///. Bights and powers. 
 
 % 11. Generally. 
 
 Action by, see infra, § 22. 
 
 Right of receiver to appeal. L.R.1\.1915D, 
 S02. 
 
 Right of lessor as against receiver of lessee 
 to declare forfeiture for breach of con- 
 ditions or covenants prior to appoint- 
 ment. L.R.A.1915E, 998. 
 
 Right of receiver of insurance company to 
 fund deposited with state official to se- 
 cure performance of contract. 46 L.R.A. 
 (N.S.) 187. 
 
 § 12. Right of possession. 
 
 Right of receiver to take property from pos- 
 session of stranger. 47 L.R.A. 
 (N.S.) 744. 
 Scope of note. 47 L.R.A. (N.S.) 745. 
 The rule in general. 47 L.R.A. (N.S.) 
 
 745. 
 Particular applications. 47 L.R.A. 
 (N.S.) 749. 
 Purchasers or assignees. 47 
 
 L.R.A (N.S.) 749. 
 Officers of corporation. 47 L.R.A. 
 
 (N.S.) 751. 
 Sheriffs or other receivers. 47 
 
 L.R.A.(N.S.) 752. 
 Persons claiming lien or set-off. 
 
 47 L.R.A.(N.S.) 753. 
 Trustee or agent. 47 L.R.A. 
 (N.S.) 754. 
 Consult also L.B.A. Digests to date. 
 
 RECEIVERS, in.— cont'd. 
 
 Liabilitj' of receiver for wrongfully 
 
 taking possession. 47 L.R.A. 
 
 (N.S.) 755. 
 Theory of interference. 47 L.R.A. 
 
 (N.S.) 756. 
 Writ of prohibition. 47 L.R.A. (N.S.) 
 
 757. 
 Miscellaneous. 47 L.R.A. (N.S.) 758. 
 
 § 13. Right to compensation. 
 
 Right of receiver to appeal from order 
 affecting his compensation. L.R.A. 
 1915D, 808. 
 
 IV. Liability; claims; priorities; set- 
 off; receivers' certificates; liens. 
 
 § 15. Generally. 
 
 Actions against, see infra, § 23. 
 Accounting by, see infra, § 24. 
 
 § 16. For what liable. 
 
 Liability of receiver for acts or contracts 
 of former receiver. L.R.A.1916C, 520. 
 
 Liability of receiver for continuance of 
 nuisance created before his appoint- 
 ment. L.R.A.1916F, 1020. 
 
 Criminal liability of railroad company in 
 hands of receiver for blocking strefit 
 or highway crossing. L.R.A.1915B, 
 329. 
 
 Liability of, for loss of money deposited in 
 bank. 45 L.R.A. (N.S.) 17. 
 
 Liability of receiver for wrongfully taking 
 property from possession of stranger. 
 47 L.R.A.(N.S.) 756. 
 
 V. Actions; accounting ; garnishment of. 
 
 § 22. Actions by. 
 
 To enforce liability of stockholders, see 
 
 CORPOEATIONS, § 116a. 
 
 § 23. Actions against. 
 
 Service of process in action against re- 
 ceiver upon person designated by stat- 
 ute to receive service for corporation. 
 47 L.R.A.(N.S.) 181. 
 
 Right of receiver to appeal. L.R.A. 1915D, 
 802. 
 
 § 24. Accounting by. 
 
 Right of receiver to appeal from decree 
 settling his accounts. L.R.A. 1915D, 
 
 808. 
 
 VI. Cost of receivership. 
 
 g 26. Generally. 
 
 What court has jurisdiction to fix attor- 
 neys' fees for services in suit by or 
 against receiver. L.R.A.1915F, 1219. 
 
 VII. Foreign receivers. 
 
 § 27. Generally. 
 
 Service of process after appointment of for- 
 eign receiver upon person designated 
 by statute to receive service for cor- 
 poration. 47 L.R.A. (N.S.) 81. 
 
510 
 
 INDEX TO NOTES. 
 
 RECEIVING STOLEN PROPERTY. 
 
 Indictment for, see Indictment, etc., § 27b. 
 As to larceny, see Larceny. 
 
 Statute making failure to inquire as to pos- 
 sessor's right, equivalent to guilty 
 knowledge. 46 L.Il.A.(N.S "^ 
 
 31. 
 
 RECEPTACLES. 
 
 What passes under bequest of coiitents of. 
 L.R.A.1915G, 653. 
 
 RECITALS. 
 
 Estoppel by recitals in bond of public 
 corporation, see Estoppel, § 2. 
 
 Recital in deed as evidence of heirship. 
 L.R.A.(N.S.) 93. 
 
 45 
 
 RECOGNITION. 
 
 Of illegitimate child, see Illeqitimact, § 
 3. 
 
 RECOGNIZANCE. 
 
 See Bail and Recognizance. 
 
 ♦ »» 
 
 RECOMMENDATION. 
 
 Recommendation of another as proper sub- 
 ject for credit as ground of liability. 
 L.R.A.1915A, 100. 
 
 RECONCILIATION. 
 
 Effect of, on separation 
 L.R.A.(N.S.) 1219. 
 
 agreement. 43 
 
 RECORDS AND RECORDING LA'WS. 
 
 7. In general, §§ 1—5. 
 III. Judicial records, §§ 7, <S. 
 ir. Records of title, §§ 9-2T . 
 
 a. To personal property, §§ 9— 11. 
 6. To real property, §§ 13—37. 
 1. In general, §§ 13— 15a. 
 3. Who entitled to protection, 
 
 § 16. 
 3. What may he recorded, § 
 
 17. 
 i. Requisites and sufficiency 
 
 of record, § IS. 
 S. Necessity for recording; 
 effect of failure, §§ 19— 
 32. 
 
 Begin with tliis hooTc on every law question. 
 
 RECORDS AND RECORDING LAWS- 
 cont'd. 
 
 6. Time of recording; delat 
 
 § 23. 
 
 7. As notice; effect of recorc 
 
 ing, §§ 34-27. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Inspection of, see Discovebt and Inspei 
 
 TION, § 4. 
 Admissibility of, in evidence, see Evidenci 
 
 V. b. 
 
 Parol evidence to vary or supplemei 
 minutes of public body. 50 L.R.i 
 (N.S.) 99. 
 
 SuiBciency of record of benevolent societ 
 as to expulsion of member to render : 
 conclusive on the courts. 52 L.R.i 
 (N.S.) 813. 
 
 When statute begins to run against actio 
 by private person based on breach c 
 duty by recording officer. 52 li.R.I 
 (N.S.) 711. 
 
 § Z. Right to inspect public record! 
 
 Prixilege of records of insane asvlum. 5 
 
 L.R.A.(N.S.) 22. " -'■ -' 
 
 III. Judicial records. 
 
 § 7. Generally. 
 
 On appeal, see Appeal and Ekror, V. 
 
 In criminal case, see Criminal Law, § 9( 
 
 Record of judgment, see Judgment, § 15. 
 
 When statute begins to run against actio: 
 
 by private person based on breach c 
 
 duty by recording officer. 52 L.R.A 
 
 (N.S.) 711. 
 Parol evidence to vary judicial record i 
 
 favor of or against a stranger thereti 
 
 L.R.A.1916A, 598, 608. 
 Sufficiency of record offered to prove coi 
 
 viction or acquittal. L.R.A.1916I 
 
 954. 
 
 IV. Records of title, 
 a. To personal property. 
 
 § 9. Generally. 
 
 Record of chattel mortgage, see Chatte 
 
 Mortgage, VIII. 
 Of transfer of corporate stock, see Corpc 
 
 rations, § 89, 
 
 §11. Effect of recording. 
 
 Recordation of lien on fixtures as pei 
 sonalty as notice to purchaser or morl 
 gagee of realty. 49 L.R.A. (N.S.) 40( 
 
 6. To real property. 
 1. In general. 
 
 § 12. Generally. 
 
 As to abstracts of title, see Abstracts. 
 Delivery of deed for record, as delivery, se 
 Deeds, § 8. 
 
INDEX TO NOTES. 
 
 531 
 
 RECORDS AND RECORDING LAWS, IV. 
 
 b, 1 — cont'd. 
 Constitutionality of mortgage registration 
 
 tax. L.R.A.1916A, 865. 
 Requiring mortgagor to pay mortgage or 
 recording tax as usury. 51 L.R.A. 
 (N.S.) 405. 
 The Torrens Law. L.R.A.1916D, 14. 
 
 Constitutional questions. L.R,A.1916D, 
 15. 
 Absence of personal service. 
 
 L.R.A.1916D, 16. 
 Objection to title of act. L.R.A. 
 
 1916D, 20. 
 Objection that act is special or 
 
 local. L.R.A.1916D, 20. 
 Objection that act devolves execu- 
 tive duties upon court. L.R.A. 
 1916D, 21. 
 Objection that act gives judicial 
 power to the registrar. 
 L.R.A1916D, 21. 
 Objection that act infringes right 
 of trial by jury. L.R.A.19](jD, 
 22. 
 Objection that defendant is unable 
 to obtain aifirmative relief. 
 L.R.A.1916D, 23. 
 Objections on account of assur- 
 ance fund. L.R.A.1916D, 23. 
 Objection that act creates offices 
 
 illegally. L.R.A.1916D, 24. 
 Partial invalidity. L.R.A.1916D, 
 
 24. 
 Miscellaneous. L.R.A.1916D, 24. 
 Construction and effect of American 
 statutes. L.R.A.1916D, 27. 
 Who may register; what may be 
 registered. L.R.A.1916D, 
 27. 
 More than one piece. L.R.A. 
 
 1916D, 31. 
 Easements. L.R.A.1916D, 31. 
 Notice, and inquiry on which to 
 
 base it. L.R.A.1916D, 33. 
 Must have good title. L.R.A. 
 1916D, 34. 
 ' Title good to part of prem- 
 
 ■ ises. L.R.A.1916D, 35. 
 
 Dismissal or other relief. L.R.A. 
 
 1916D, 36. 
 Matters of evidence peculiar to the 
 acts. L.R.A.1916D, 39. 
 Abstracts. L.R.A.1916D, 40. 
 Objections. L.R.A.1916D, 42. 
 
 Who may raise. L.R.A.1916D, 
 
 42. 
 Necessity and effect. L.R.A. 
 1916D, 44. 
 Practice in general. L.R.A.1916D, 
 > 45. 
 
 Costs, etc. L.R.A.1916D, 48. 
 Appeals. L.R.A.1916D, 49. 
 Effect of decree in general. L.R.A. 
 
 1916D, 50. 
 Fraud. L.R.A.1916D, 53. 
 Registry as transfer. L.R.A. 
 
 19160, 55. 
 Assurance fund. L.R.A.1916D, 
 
 56. 
 Miscellaneous. L.R.A.1916D, 57. 
 ConsuU also L.R.A. Digests to date. 
 
 RECORDS AND RECORDING LAWS, IV. 
 b, 1 — cont'd. 
 
 Foreign decisions of general interest. 
 L.R.A.1916D, 57. 
 Adverse possessors. L.R.A. 191GD, 
 
 58. 
 Tenant. L.R.A.1916D, 60. 
 Trusts. L.R.A.1916D, 61. 
 Effect of registration of title in 
 
 general. L.R.A.1916D, 63. 
 Fraud. L.R.A.1916D, 66. 
 
 Constructive fraud. L.R.A. 
 
 1916D, 66. 
 Actual knowledge. L.R.A. 
 
 191 6D, 68. 
 Fraud-doers. L.R.A.1916D, 
 
 70. 
 Rights of bona fide purchas- 
 ers. L.R.A.1916D, 72. 
 Miscellaneous. L.R.A.1916D, 
 73. 
 Forgery. L.R.A.1916D, 74. 
 Misdescription. L.R.A.1916D, 76. 
 Easements. L.R.A.1916D, 77. 
 Covenants. L.R.A.1916D, 79. 
 Equitable mortgages. L.R.A. 
 
 1916D, 80. 
 Claims against assurance fund. 
 
 L.R.A.1916D, 81. 
 Miscellaneous. L.R.A.1916D, 85. 
 
 2. Who entitled to protection. 
 
 § 16. Generally. 
 
 Kight of heirs to protection of recording 
 acts as against acts or conveyances of 
 ancestor. 43 L.R.A. (N.S.) 1144. 
 
 3. What may be recorded. 
 
 §17. Generally. 
 
 What may be recorded under the Torrens 
 Law. L.R.A.1916D, 27. 
 
 4. Requisites and sufjiciency of record. 
 
 § 18. Generally. 
 
 Mistake in description of property as affect- 
 ing record of instrument relating 
 to real property. L.R.A.1916A, 
 530. 
 In general. L.R.A.1916A, 531. 
 Doctrine of putting one on inquiry by 
 constructive notice. L.R.A. 
 1916A, 531. 
 Where record, notwithstanding de- 
 fective description, appears to 
 be that of an instrument in 
 line of title. L.R.A.1916A, 
 535. 
 Where defect in description makes 
 record appear to be that oif an 
 Instrument not in line of title. 
 L.R.A.1916A, 537. 
 Constructive notice without reference 
 to inquiry. L.R.A.1916A, 
 538. 
 Defective descriptions held to be 
 insufficient. L.R.A.1916A, 538. 
 Defective descriptions held to be 
 sufficient. L.R.A.1916A, 541. 
 
512 
 
 RECOBJOS AND RECORDING LAWS, IV. 
 b, 4 — eont'd. 
 
 Certainty and accuracy as to Christian 
 names or initials in record or index re- 
 lied on as impairing constructive notice. 
 L.E.A.1915D, 1211. 
 
 Should absolute conveyance which is in- 
 tended as a mortgage be recorded as a, 
 deed or mortgage. L.R.A.1916B, 600. 
 
 Recordation of lien on fixtures as personal- 
 ty as notice to purchaser or mortgagee 
 of realty. 49 L.R.A.(N.S.) 400. 
 
 5. Necessity for recording; effect of 
 failure. 
 
 § 19. Generally. 
 
 Unrecorded deed as color of title. L.E.A. 
 1915B, 1006. 
 
 Estoppel of one who permits title of real 
 property to stand in another's name, to 
 assert title as against the latter's credi- 
 tors. 46 L.R.A.(N.S.) 1097. 
 
 May one be a "purchaser" for a valuable 
 consideration where nothing capable of 
 money measurement is given. 4 B. R. 
 C. 782. 
 
 Effect of failure to record lease on rights 
 of tenant as against transferee of re- 
 version. L.R.A.1915C, 195. 
 
 6. Time of recording; delay. 
 
 § 23. Generally. 
 
 Effect of unrecorded agreement, not incor- 
 porated in conveyance, restricting use 
 of property, upon successor in title. 49 
 L.R.A.{N.S.) 357. 
 
 7. .Is notice; effect of recording. 
 
 § 26. As notice. 
 
 As to personal property, see supra, § 11. 
 Sufficiency of record to give notice, see 
 
 supra, § 18. 
 To one claiming estoppel to set up title, see 
 
 EsTOPPSX, § 7a. 
 
 Recording lease as constructive notice to 
 transferee of reversion. L.R.A.1915C, 
 
 105. 
 
 INDEX TO NOTES. 
 
 RECRIMINATORY DEFENSE. 
 
 < « » 
 
 RECOVERY BACK. 
 
 Of payments made, see Assumpsit, II. 
 
 RECOVERY OVER. 
 
 See Indemnity, §§ 2-4. 
 
 RECREATION. 
 
 See Amusements. 
 
 In action for divorce, see Divobce an 
 Separation, § 33. 
 
 ♦ «» 
 
 RECTOR. 
 
 See Religious Societies, IV. 
 
 REDEMPTION. 
 
 From judicial sale, see Judicial Sale, 
 
 19. 
 From mortgage, see Mortgage, VIII. 
 From tax sale, see Taxes, § 85. 
 
 From sale enforcing vendor's lien. 
 
 L.R.A.(N.S.) 285. 
 
 RED FLAG. 
 
 Validity of statutory or other regulatio 
 forbidding display of red flag or othe 
 symbol tending to incite disordei 
 L.R.A.1915B, 706. 
 
 REDUCED RATES. 
 
 Power to require of carrier, see Cabriers 
 § 157. 
 
 REDUCTION. 
 
 Of punishment for good behavior, 
 
 Criminal Law, § 81. 
 Of damages, see Damages, I. b. 
 
 RE-ELECTION. 
 
 Of public officer after ouster for misconduc 
 L.R.A.1916D, 959. 
 
 REFERENCE. 
 
 § 1. Generally. 
 
 Right of referee to resign. 46 L.R.A.(N.S 
 
 68. 
 To medical referee under workmen's coi 
 
 pensation act. L.R.A.1916A, 190. 
 
 See Initiative 
 § 1. 
 
 REFERENDUM. 
 
 Referendum and Recal 
 
 Begin with this hooTc on every law question. 
 
INDEX TO NOTES. 
 
 513 
 
 BEFOBMATOBIES. 
 
 Transfer for reformatory to state prison as 
 cruel and unusual piinishment. L.R.A. 
 1915C, 560. 
 
 REFUSE. 
 
 Pollution of stream by refuse from mining 
 operations. L.R.A.1915D, 911. 
 
 REGISTRATION. 
 
 Of instrument to affect title, see Eecqkds 
 AND Recording Laws, IV. 
 
 REGITLATION. 
 
 Of carriers, see Careiebs, V. 
 
 Of corporations generally, see Coepora- 
 
 TIONS, § 12. 
 Of physician and surgeons, see Phtsicians 
 
 AND Surgeons, II. 
 Reasonableness of, see Reasonableness, § 
 
 7. 
 
 REIMBXJRSEMEITT. 
 
 Of executor or administrator, see ExEC- 
 trroRS AND Administrators, § 53. 
 
 Of one holding under void tax deed, see 
 Taxes, § 79. 
 
 REINSTATEMENT. 
 
 Of insured after forfeiture, see Insurance, 
 § 109. 
 
 ♦ »» 
 
 REINSURANCE. 
 
 See Insurance, § 210. 
 
 * « » 
 
 RELATION. 
 
 See Relative. 
 
 RELATION BACK. 
 
 RELATIONSHIP. 
 
 EiTect of, to disqualify one to serve as com- 
 missioner or juror in eminent domain 
 proceedings^. 47 L.R.A. (N.S.) 151. 
 
 Necessity of relationship and decree es- 
 sential to recover for mental anguish 
 for failure to deliver telegram announc- 
 ing death or illness. 49 L.R.A. (N.S.) 
 250. 
 
 Notice to telegraph company that relation- 
 ship between parties is such that delay 
 in transmission of message will cause 
 mental anguish. 49 L.R.A. (N.S.) 320. 
 
 RELATIVE. 
 
 Of amended pleading to prevent bar of limi 
 tations. 47 L.R.A. (N.S.) 932. 
 Consult also L.B.A. Digests to date. 
 
 43— 'ler. 33 
 
 § 1. Generally. 
 
 Various particular relatives, see Brothers 
 AND Sisters; Husband and Wife; 
 Parent and Child. 
 
 Measure of damages for injury to, see Dam- 
 ages, §§ 7, 57, 59, 59a, 60, 64, 100. 
 
 Measure of damages for death of, see Dam- 
 ages, §§ 65, 65a, 66. 
 
 Damages for mental anguish resulting from 
 negligence in transmission of message 
 relating to illaess or death of, see Dam- 
 ages, § 102. 
 
 Right of action for death of, see Death, 
 §§ 3-10. 
 
 Descent and distribution of property of, 
 see Descent and Distribution. ' 
 
 Illegitimate children, see Illbgitimact. 
 
 Incest between, see Incest. 
 
 Rights as to custody of infant child, see 
 Infants, II. 
 
 Insurable interest of, see Insurance, IV. b. 
 
 Relationship by adoption, see Parent and 
 Child, § 16. 
 
 Discrimination against in succession tax, see 
 Taxes, § 93. 
 
 Legacy to, see Wills, § 69. 
 
 Admissibility of declarations of relatives of 
 claimant on issue of his relationship 
 or heirship to decedent. L.R.A.1915D, 
 215. 
 
 Privilege of communications to relative of 
 person defamed. L.R.A.1915A, 572. 
 
 Imputing negligence of one to other. L.R.A. 
 1915A, 765. 
 
 Effect of relationship on contract otherwise 
 champertous. L.R.A.1916E, 76. 
 
 Malice as essential to an action for alien- 
 ation of affections by relatives. 46 
 L.R.A.(N.S.) 469. 
 
 What constitutes residence of child living 
 with relative entitling him to privileges 
 of public schools. 51 L.R.A. (N.S.) 234. 
 
 § 3. Snpport of 
 
 Support of infant child, see Divorce and 
 Separation, § 57; Infants, II. b. 
 
 Liability of relative for medical services to 
 pauper. L.R.A.1915E, 844. 
 
 § 5. Criminal responsibility of one 
 assisting or avenging relative. 
 
 Homicide in defense of. 45 I;.R.A.(N.S.) 
 145. 
 
514 
 
 INDEX TO NOTES. 
 
 REI.EASE. 
 
 § 1. Generally. 
 
 Effect of provision for, in assignment for 
 creditors, see Assignment tob Cbedi- 
 TOES, § 14a. 
 
 On bail, see Bail and Recognizance. 
 
 Of surety on bail bond, see Bail and 
 Recognizance, § 8. 
 
 Of claim for injury resulting in death, see 
 Death, V. 
 
 On habeas corpus, see Habeas Corpus. 
 
 Of joint tort feasor, see Joint Ckeditoes 
 AND Debtors, II. 
 
 From mortgage, see Mortgage, VI. 
 
 See also Accord and Satisfaction; Com- 
 promise AND Settlement. 
 
 Admissibility of parol evidence to vary 
 written release in favor of or against 
 a stranger to the contract. L.R.A. 
 1916A, 600, 611. 
 
 Release from covenant in lease as to pay- 
 ment of taxes and assessments. L.R.A. 
 1915A, 361. 
 
 Release by servant after injury has been 
 received and without reference to a 
 prior contract. 48 L.R.A. (N.S.) 447. 
 
 Stipulations making execution of release 
 from liability for damages a condition 
 precedent to payment of benefits out of 
 a relief fund. 48 L.R.A. (N.S.) 446. 
 
 § Z. What operates as. 
 
 Of surety, see Principal and Subett, III. 
 b. 
 
 Of one partner by other partner's assump- 
 tion of debts on dissolution of partner- 
 ship. 48 L.R.A.(N.S.) 547. 
 
 § 4. Effect. 
 
 Effect of release of lessee from liabilities 
 for rent after assignment of lease. 52 
 L.R.A.{N.S.) 974. 
 
 Effect, in release of one joint tort feasor, 
 of reservation of right as against oth- 
 ers'. L.R.A.1915E, 800. 
 
 Release of all claim for injury before re- 
 ceiving injury resulting in death as 
 affecting right of statutory bene- 
 ficiaries. L.R.A.1915E, 1170. 
 
 Settlement by injured person as precluding 
 action for his death resulting from 
 the injury. L.R.A.1915E, 1163. 
 
 Settlement between insured and tort feasor 
 as affecting insurer's rights to subro- 
 gation. L.R.A.1916A, 1282. 
 
 Effect of release of security on right of 
 obligee to be subrogated to security 
 held by surety. L.R.A.1916C, 1079. 
 
 § 6. Validity; setting aside. 
 
 Effect of fraud on, see Featid and Deceit, 
 
 § 17. 
 Effect of mistake, see Mistake, § 14. 
 
 Validity of settlement between guardian 
 and ward out of court. L.R.A.1916E, 
 863. 
 
 Furnishing medical attention as a consider- 
 ation for release of liability for per- 
 sonal injuries or death. 46 L.R.A. 
 (N.S.) 419. 
 
 RELEASE— co»4*'d. 
 
 Releases by servant after injury has been 
 
 received and without reference to a 
 
 prior contract. 48 L.E.A.(N.S.) 447. 
 Effect of representation or undue influence 
 
 by physician to avoid release. 60 
 
 L.R.A.(N.S.) 1091. 
 
 ♦ »» 
 
 RELEVANCY. 
 
 Of evidence, see Evidence, XIL 
 
 — — — ■*—* 
 
 RELIEF. 
 
 Injunctive relief, see Injunction. 
 From judgment, see Judgment, VIII. 
 
 RELIEF ASSOCIATIONS. 
 
 Contract as to option of injured servant to 
 accept benefits from relief fund, see 
 Master and Servant, § 53. 
 
 Do associations providing relief for rail- 
 road employees constitute insurance 
 companies. 47 L.R.A. (N.S.) 299. 
 
 Effect of Federal employers' liability act on 
 stipulation making acceptance of bene- 
 fits for injury or death of employee 
 under contract of membership in rail- 
 road relief department. 47 L.R.A. 
 (N.S.) 50. 
 
 Liability for negligence of attendants fur- 
 nished by relief department toward 
 which employees contribute. 48 L.R.A. 
 (N.S.) 531. 
 
 Rights and remedies in respect to relief 
 department fund upon termination of 
 employment. L.R.A.1916A, 1148. 
 
 RELIGION. 
 
 Devise or bequest for, see Chabities. 
 
 Validity and enforeceability of contract or 
 covenant in relation to real property 
 which discriminates against persons be- 
 cause of religion. L.R.A.1916B, 1208. 
 
 RELIGIOUS EXERCISES. 
 
 In public schools. L.R.A.1915D, 941. 
 
 Effect of provisions of ordinance of 1787 
 upon question whether religious exer- 
 cises in public schools infringe upon re- 
 ligious freedom. 52 L.R.A. (N.S.) 312. 
 
 Begin with this "book, on every law question. 
 
 RELIGIOUS INSTRUCTION. 
 
 In schools, see Schools, § 37. 
 
INDEX TO NOTES. 
 
 615 
 
 RELIGIOTTS MANIA. 
 
 As aflfecting testamentary capacity. L.R.A. 
 1915A, 462. 
 
 KEUGIOUS PREJUDICE. 
 
 Validity and enforceability of contract or 
 covenant in relation to real property 
 which discriminates against persons 
 because of religion. L.E.A.1916B, 
 1208. 
 
 Libel or slander where "sting" is due to re- 
 ligious prejudice or antagonism. 
 L.R.A.1916E, 680. 
 
 RELIGIOUS RIGHTS. 
 
 Effect of admission of state into the Union 
 upon ordinance of 1787 as to. 52 
 L.K.A.(N.S.) 312. 
 
 REIilGIOUS SOCIETIES. 
 
 I. In general, §§ 1, 2. 
 II. Title to, or control of, property, § 3. 
 IV. Ministers and priests, §§ 6—9. 
 
 1. In general. 
 
 § 1. Generally. 
 
 Bequests for, see Chaeities. 
 
 Constitutionality of statutes as to, see Con- 
 stitutional Law, § 95. 
 
 Sale of liquors within prohibited distance 
 of church, see Intoxicating Liquoes, § 
 27. 
 
 Tax on, see Taxes, §§ 24-26. 
 
 Mechanics' lien on property of. 51 L.K.A. 
 (N.S.) 161. 
 
 § 2. Meetings of. 
 
 Disturbing meeting, see Distubbing Meet- 
 ing. 
 
 //. Title to, or control of, property. 
 
 § 3. Generally. 
 
 Public policy as related to communistic life 
 
 or tenure of property. 52 L.R.A.(N.S.) 
 
 459. 
 
 Disposition of property of church upon its 
 
 dissolution. 47 L.R.A.(N.S.) 1015. 
 
 Division among members. 47 L.R.A. 
 
 (N.«.) 1015. 
 The doctrine of cy pres. 47 L.R.A. 
 
 (N.S.) 1016. 
 Construction of language of gift. 47 
 
 L.R.A.(N.S.) 1017. 
 Miscellaneous. 47 L.R.A.(N.S.) 1017. 
 
 TV. Ministers and priests. 
 
 % 6. Generally. 
 
 (Liability for refusing the sacraments. 
 L.R.A.1916D, 374. 
 Consult also L.R.A. Digests to date. 
 
 RELIGIOUS SOCIETIES, IV.— cont'd. 
 § 7. Liability for salary of. 
 
 Generally. 52 L.R.A. (N.S.) 171. 
 
 Absence of incorporation. 52 L.R.A. (N.S.) 
 171. 
 
 Dissolution and suspension of pastoral re- 
 lation. 52 L.R.A.(N.S.) 172. 
 
 Individual liability. 52 L.R.A. (N.S.) 172. 
 
 Sale of property. 52 L.R.A. (N.S.) 172. 
 
 Voluntary contributions. 52 L.R.A. (N.S.) 
 172. 
 
 Unauthorized contracts. 52 L.R.A. (N.S.) 
 172. 
 
 Implied contracts. 52 L.R.A. (N.S.) 172. 
 
 RELUCTANT WITNESS. 
 
 Power of court to examine witnesses. 
 L.R.A.1916A, 1196. 
 
 REMAINDERMEN. 
 
 As to respective rights of life tenants and 
 remaindermen, see Life Tenants. 
 
 REMAINDERS. 
 
 Contingent interests generally, see Con- 
 tingent Interests. 
 See also Wills, § 101. 
 
 Acceleration of, by renunciation of life 
 estate. L.R.A.1915A, 671. 
 
 Estates in remainder as assets which will 
 pass to the trustee in bankruptcy. 47 
 L.R.A.(N.S.) 284. 
 
 Estoppel of remaindermen to assert interest 
 as against purchaser of fee by conceal- 
 ing the same. 48 L.R.A. (N.S.) 756. 
 
 REMAINS. 
 
 See CoEPSE. 
 
 REMARRIAGE. 
 
 After divorce, see Marriage, § 12. 
 
 * » » • 
 
 REMEDIES. 
 
 In general, see Specific Titles, e. g.. Ac- 
 tion OR Suit; Equity; Injunction 
 etc. 
 
 Conflict of laws as to, see Conflict of 
 Laws, II. 
 
 Impairment of obligation of contract by 
 charge of, see Constitutional Law, 
 §§ ^6, 37. 
 
 Election of, see Election of Remedies. 
 
 For fraud, see Fraud and Deceit, VI. 
 
 On insurance policy, see Insurance, VIII. 
 h. 
 
616 
 
 INDEX TO NOTES. 
 
 REMEDY AT LAW. 
 
 Effect of, on equity jurisdiction, see Equi- 
 ty, § 3; Injunction, § 3. 
 
 BEMONSTBANCE. 
 
 Against public improvement, see Public 
 Impbovements, § 3. 
 
 Doctrine of equitable conversion as affecting 
 one's right to sign consent or remon- 
 strance as landowner. 50 L.E..A. (N.S.) 
 32. 
 
 REMOTE GRANTEE. 
 
 Right of, to sue for breach of covenant, 
 when covenantor had neither title nor 
 possession. L.E.A.1916D, 613. 
 
 REMOVAL. 
 
 Of executor or administrator, see ExEC- 
 
 UTOES AND ADMINISTRATOKS, § 8. 
 
 Of officer, see Officers, §§ 22, 24. 
 Of cause, see Removal of Causes. 
 
 REMOVAL OF CAUSES. 
 
 I. In general; right of, §§ 1, 3. 
 II. What suits removable; amount in 
 controversy, §§ 3, i. 
 III. Grounds, §§ 6-10. 
 
 V. Effect of removal; subsequent pro- 
 ceedings, §§ 16, 17. 
 
 I. In general; right of, 
 
 § 1. Generally. 
 
 By appeal or proceeding in error, see Ap- 
 peal AND Eeeoe. 
 
 Effect of motion for removal as extending 
 time to plead. 47 L.R.A.(N.S.) 857. 
 
 //. What suits removable; amount in 
 controversy. 
 
 % 3. Generally. 
 
 Removal of action under Federal employers' 
 liability act. 47 L.R.A.(N.S.) 69; 
 L.R.A.1915C, 75. 
 
 III. Grounds. 
 
 § 7. Citizenship. 
 
 Right in case of diversity of citizenship to 
 remove action brought in a state 
 court outside the territorial juris- 
 diction of either the plaintiff's or 
 defendant's residence. 50 L.R.A. 
 (N.S.) 828. 
 
 REMOVAL OF CAUSES, III.— cont'd. 
 Removal to Federal court of the dis- 
 trict in which state court is locat- 
 ed. 50 L.R.A.(N.S.) 828. 
 Removal to Federal court of a district 
 other than that in which the 
 state court is located. 50 
 L.E.A.(N.S.) 829. 
 Under statute of 1789. 50 L.E.A. 
 
 (N.S.) 829. 
 Subsequent acts. 50 L.R.A. (N.S.) 
 830. 
 Waiver of objection to jurisdiction. 50 
 
 L.R.A.(N.S.) 831. 
 Miscellaneous. 50 L.R.A. (N.S.) 831. 
 
 § 8. — corporations. 
 
 Effect of removal, see infra, § 16. 
 
 V. Effect of removal; subsequent •pro- 
 ceedings. 
 
 §16. Generally. 
 
 Revocation of license of foreign corporation 
 on account of removal of action to Fed- 
 eral court. L.E.A.1915F, 1187. 
 
 < ■ » 
 
 RENEWAL. 
 
 Of note, see Bills and Notes, §§ 56, 57. 
 Of chattel mortgage, see Chattel Mort- 
 
 QAQES, § 22. 
 
 Of insurance policy, see Insurance, § 39. 
 
 Of lease, see Landlord and Tenant, §§ 
 20a, 25. 
 
 As affecting liability of surety, see Princi- 
 pal and Surety, §§ 15, 16. 
 
 Liability of former stockholder for debts 
 of corporation as affected by renewal 
 after transfer of stock. L.R.A.1915B, 
 168. 
 
 RENTALS. 
 
 Rent generally, see Landlord and Tenant, 
 
 V. 
 Guaranty or insurance of, see Insurance, 
 
 § 218. 
 For lease of mines, see Mines, III. 
 See also Rates. 
 
 Action on contractor's bond for rental of 
 transportation facilities. 43 L.E.A. 
 (N.S.) 171. 
 
 Action on contractor's bond for rental of 
 machinery. L.R,A.1915F, 952. 
 
 Right of public service corporation to im- 
 pose penalty or added amount for fail- 
 ure to pay service bills promptly. 43 
 L.R.A.(N.S.) 63. 
 
 RENT INSURANCE. 
 
 JBegin with this l)oole on every law question. 
 
 See iNSUBANca;, § 218. 
 
INDEX TO NOTES. 
 
 617 
 
 BENTS. 
 
 See Rbittals. 
 
 In general, see Lakdlobd and Tenant, V. 
 
 KEF AIRS. 
 
 Of bridge, see Bbidges, § 3. 
 
 Cotenant's liability for, see Cotenanct, § 
 
 9. 
 Covenant as to, in lease, see Landloed and 
 
 Tenant, §§ 17, 17a. 
 Duty and liability of landlord as to, see 
 
 Landloed and Tenant, IV. d. 
 Master's duty as to making, see Mastee 
 
 AND Servant, § 80. 
 Effect of master's promise to repair, see 
 
 Master and Servant, §§ 119, 130. 
 Provisions in paving contract for keeping 
 
 in repair, see Public Improvements, 
 
 § 8. 
 
 What constitutes reconstruction, as distin- 
 guished from repair, of pavement. 44 
 L.R.A.(Jsr.S.) 590. 
 
 Employees engaged in repairing tracks as 
 I within purview of statutes abrogating 
 j fellow-servant rule. 47 L.R.A.(N.S.) 
 116. 
 
 Duty of gas company as to repair of lines 
 to prevent escape or explosion of gas. 
 L.R.A.1915E, 1022. 
 
 Right of water company to require consum- 
 er to keep service pipe in repair. 43 
 L.R.A.{N.S.) 144. 
 
 Right and duty of mortgagee in possession 
 as to. 49 L.R.A.(N.S.) 123. 
 
 Duty of bailor and bailee respectively as to 
 repair of subject of bailment for use. 
 52L.R.A.(N.S.) 412. 
 
 Treatment of cost of, in estimating the 
 return of a public service corporation 
 for rate-making purposes. 52 L.R.A. 
 (N.S.) 15. 
 
 REPEAL. 
 
 Of statute, see Statutes, IV. 
 
 REPLEVIN. 
 
 I. In general, §§ 1, 3. 
 II. Right of action and recovery, §§ 
 3-10. 
 
 a. In general, §§ 3—5. 
 
 b. For what, §§ 6-10. 
 III. Procedure, §§ 11-16. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Action of trover, see Trover and Convee- 
 
 SION. 
 
 Right to damages for detention of property 
 pending appeal in replevin. 52 L.R.A. 
 (N.S.) 1199. 
 Consult also L.B.A. Digests to date. 
 
 REPLEVIN— co»*'d. 
 
 II. Right of action and recovery, 
 a. In general. 
 
 § 3. Generally. 
 
 To recover goods purchased with knowledge 
 of inability to pay for them. 44 L.R.A. 
 (N. S.) 1. 
 
 To recover stranded logs or timber. 43 
 L.R.A.(N.S.) 460. 
 
 Right of garnishee to replevy his property 
 taken in execution upon judgment 
 against him where there was no legal 
 service upon the principal debtor in the 
 principal suit. 51 L.R.A. (N.S.) 601. 
 
 Bailee's right to maintain action of, for 
 damage or conversion of bailed prop- 
 erty. 3 B. R. C. 393. 
 
 Right of chattel mortgagor to maintain re- 
 plevin to recover property unlawfully 
 seized by mortgagee assuming to act 
 under mortgage. L.R.A.1915E, 193. 
 
 § i. Conditions precedent. 
 
 Right of conditional seller to replevin prop- 
 erty without returning, or offering to 
 return, purchase money. 51 L.R.A. 
 (N.S.) 251. 
 
 6. For what. 
 
 § 6. Generally. 
 
 Possessory action for tax receipts. 45 
 
 L.R.A.(N.S.) 785. 
 To recover gambling device. 45 L.R.A. 
 
 (N.S.) 336. 
 
 § 7. Undivided interest in personalty. 
 
 Replevin for undivided interest in personal 
 property. L.R.A.1916B, 1183. 
 General rule. L.R.A.1916B, 1183. 
 Commingled goods. L.R.A.1916B, 1183. 
 Defendant's fault. L.R.A.1916B. 
 •1183. 
 
 § 8. Things severed from land. 
 
 To recover fence post cut by adjoining own- 
 er from hedge on boundary line. 46 
 L.R.A. (N.S.) 6. 
 
 III. Procedure. 
 
 § 11. Generally. 
 
 Measure of recovery in, see Damages, § 69. 
 Right to break and enter dwelling to serve 
 writ of. L.R.A.1916D, 284. 
 
 § 12. Bond. 
 
 Filing bond to secure release of property 
 as an appearance. L.R.A.1916F, 587. 
 
 Effect of bond or receipt given to secure 
 surrender of property by officer as an 
 estoppel after it has been returned to 
 officer. L.R.A.1916F, 942. 
 
 Liability of sureties on replevin bond where 
 judgment is in favor of one principal 
 and against another. 51 L.R.A. (N.S.) 
 660. 
 
518 
 
 INDEX TO NOTES. 
 
 REPLEVIN, III.— cont'd. 
 § 15. Judgment, verdict. 
 
 Right to reject property because of de- 
 preciation, under alternative judgment 
 for return of property or for its value. 
 45 L.R.A.(N.S.) 40. 
 
 REPORTS. 
 
 Admissibility in evidence, see Evidence, § 
 130. 
 
 REPRESENTATION. 
 
 As fraud, see Fbatjd and Deceit. 
 
 In application for inauranee, see Insue- 
 
 ANCE, V. b. 
 
 Effect of admission of state into the Union 
 upon provisions of ordinance of 1787 
 as to proportionate representation of 
 the people in the legislature. 52 L.R.A. 
 (N.S.) 311. 
 
 REPRODUCTIONS. 
 
 As infringement of common-law rights in 
 literary productions. 43 L.R.A. (N.S.) 
 639. 
 
 REPUBLICAN FORM OF GOVERN- 
 MENT. 
 
 Commission government as violation of 
 guaranty of. 51 L.R.A. (N.S.) 632. 
 
 Initiative and referendum as violation of 
 guaranty of. 50 L.R.A. (N.S.) 197. 
 
 <«» 
 
 REPURCHASE. 
 
 See also Resale. 
 
 By corporation of its own shares of stock. 
 44 L.R.A.(N,S.) 156; L.R.A,1916F, 
 286. 
 
 REPUTATION. 
 
 As to character, see Character. 
 
 Evidence as to, generally, see Evidence, 
 
 XII. c. 
 Of deceased as affecting homicide, see 
 
 Homicide, § 3. 
 
 Statute making reputation prima facie 
 evidence of character. L.R.A. 1915C, 
 734. 
 
 Necessity of corroborating evidence as to 
 reputation of house to support a con- 
 viction for keeping disorderly house. 
 46 L.R.A.(N.S.) 593. 
 
 REPUTATION— corai'd. ; 
 
 Of indorser as putting purchaser of negoti- 
 able paper on inquiry. 44 L.R.A. (N.S.) 
 403. 
 
 Right of innkeeper to refuse to accept as 
 guest, persons of bad reputation. 52 
 L.R.A.(N.S.) 744. 
 
 RESALE. 
 
 Control over, as element of monopoly, see 
 
 MONOPOLT AND COMBINATIONS, §§ 5, 6. 
 
 See also Repubchase. 
 
 Validity of contract provision seeking to 
 control price at which an article shall 
 be resold. 51 L.R.A. (N.S.) 522. 
 
 RESCISSION. 
 
 Of contract, generally, see Contbacts, VI. 
 
 b. 
 Of deeds, see Deeds, §§ 33, 33a. 
 Of contract of employment, see Masteb 
 
 AND Seevant, § 38. 
 Of contract for sale of personalty, see Sale, 
 
 XI. e. 
 
 Of contract for sale of land, see Vendoe 
 AND Purchaser, II. e. 
 
 RESERVATION. 
 
 § 1. Generally. 
 
 In deeds, see Deeds, III. a, 2. 
 
 Creation of easement by, see Easements, § 
 
 8. 
 Of title on sale of personal property, see 
 
 Sale, XL b. 
 
 RESERVOIR. 
 
 Doctrine of attractive nuisance as applied 
 to. 47 L.R.A. (N.S.) 1101. 
 
 ♦ »» 
 
 RES GEST.S, 
 
 See Evidence, XI. 
 
 ♦-.-♦ 
 
 RESIDENCE. 
 
 See Domicil and Residence, 
 
 Begin with this hook on every law question. 
 
 RESIDUARY CLAUSE. 
 
 What property passes under, see Wills, 
 § 74. 
 
INDEX TO NOTES. 
 
 519 
 
 RESIDUAKY LEGATEE. 
 
 When will the appointment of a residuary 
 legatee amount to a gift of undisposed 
 of realty. 5 B. R. C. 141. 
 
 BESIGNATION. 
 
 Of personal representative, see Exectttoes 
 
 AND Administrators, § 8. 
 Of officers, see Officers, § 19. 
 Of referee, see Reference. 
 
 Necessity of and time for acceptance of 
 resignation by employee of a private 
 employer. L.R.A.1915D, 477. 
 
 BES IPSA LOQUITUR. 
 
 See Evidence, III. g. 
 
 RESISTANCE. 
 
 Of trespass, see Trespass, § 3. 
 *—* 
 
 RES JUDICATA. 
 
 See Judgment, III. 
 
 ♦ «» 
 
 RESPONDEAT SUPERIOR. 
 
 See Master and Servant, IV. 
 
 RESTAURANT. 
 
 § 1. Generally. 
 
 Power to require license to keep, see Li- 
 cense, § 30a. 
 
 § Z. Liability of keeper of. 
 
 Serving liquor with meals by proprietor of, 
 as a sale thereof. 52 L.R.A.(N.S.) 722. 
 
 Liability for serving unfit food. L.R.A. 
 1915B, 481. 
 
 RESTORATION. 
 
 On disaffirmance of infant's contract, see 
 Infants, § 23. 
 
 Right of riparian owner to restore stream 
 which has changed its course by 
 natural causes to old channel. L.R.A. 
 1916F, 407. 
 Consult also L.B.A. Digests to date. 
 
 RESTRAINT OF TRADE. 
 
 Validity of contracts in restraint of trade, 
 see Contracts, IV. d; Monopoly and 
 Combinations. 
 
 ♦ « » 
 
 RESTRAINT ON ALIENATION. 
 
 See Perpetuities. 
 
 <« » 
 
 RESTRAINT ON MARRIAGE. 
 
 See Marriage, § 3. 
 
 ■♦ » » 
 
 RESTRICTIONS. 
 
 Restrictive covenants, see Covenants, III. 
 
 b. 
 On purchaser of patent or patented article, 
 
 see Patents, § 12. 
 On sale or use of property as affecting 
 
 purchaser, see Sale, § 43. 
 On power of corporation or association to 
 
 take under will, see Wills, §§ 72, 73. 
 In will, generally, see Wills, V. j. 5. 
 
 On admission to theater or other place of 
 amusement. L.R.A.1916E, 253. 
 
 RESTRICTIVE COVENANTS. 
 
 See Covenants, III. b. 
 
 RESULTING TRUSTS. 
 
 See Teujsts, § 14. 
 
 RETAILER. 
 
 Condition imposed by manufacturer as to 
 retail price, as binding upon retailer 
 purchasing from middleman. 3 B. R. 
 C. 299. 
 
 * RETORNO HABENDO. 
 
 Right to break and enter dwelling to serve 
 writ of. L.R.A.1916D, 284. 
 
 RETREAT. 
 
 Necessity of, before committing homicide, 
 see Homicide, § 2d. 
 
S20 INDEX TO NOTES 
 
 RETROSPECTIVE STATUTES. 
 
 In general, see Statutes, § 28. 
 « « » • 
 
 RETURN. 
 
 § 1. Generally. 
 
 Of public service corporations, see Public 
 
 SEEVICE COEPOEATIONS, § 6. 
 
 Of process generally, see Writ and Pboc- 
 ESS, § 41. 
 
 REVENUE OFFICERS. 
 
 Liability of landlord of office building for 
 Injury to. L.K.A.1916F, 1120. 
 
 REVERSED CONVICTION. 
 
 As evidence of probable cause. 
 1916F, 196. 
 
 L.K.A. 
 
 REVERSIBLE ERROR. 
 
 See Appeal and Eeboe, VIII. b. 
 
 REVERSION. 
 
 Of property dedicated, see Dedication, § 9. 
 Under provisions of deeds, see Deeds, § 35. 
 
 REVERSIONARY INTEREST. 
 
 Personal liability of a trustee for losses to 
 trust estate from investing funds on se- 
 curity of. 44 L.R.A.(N.S.) 918. 
 
 REVIEVT. 
 
 § 1. Generally, 
 
 By appeal or error, see Appeal and Eekoe. 
 
 By certiorari, see Cebtioeari. 
 
 As to new trial, generally, see New Trial. 
 
 REVIVAL. 
 
 Of action, see Abatement and Revival, § 
 
 8. 
 Of judgment, see Judgment, VII. a. 
 Of mortgage, see Moetgages, § 59. 
 
 REVOCATION. 
 
 Of agreement to arbitrate, see Aebitbation 
 
 § 3. 
 Of authority of broker, see Bboekbs, § 4 
 Of check, see Checks. 
 Of foreign corporation's license, see CoK 
 
 porations, § 141. 
 Of letters of administration, see Exec 
 
 UTOBS AND ADMINISTBATOBS, § 9. 
 
 Of license for sale of liquor, see Intoxicat 
 ING LiQUOES, § 15. 
 
 Of license generally, see License, §§ 11, 17 
 Of physician's license, see Physicians aki 
 
 SUEGEONS, § 10. 
 Of agency, see Peincipal and Agent, §§ 6 
 
 7. 
 Of wills, see Wills, III. i. 
 
 Of codicil to will ,aa affecting will. 4( 
 
 L.R.A.(N.S.) 983. 
 Revocation of consent given by one spoust 
 
 to will of the other in the latter's 
 
 lifetime. L.R.A.1915E, 815. 
 Statute of limitations as a defense tc 
 
 revocation of attorney's license 
 
 L.R.A.1915D, 1218. 
 
 REVOLVING DOOR. 
 
 Doctrine of attractive nuisance as applied 
 to. L.R.A.1915D, 170. 
 
 REAVARDS. 
 
 § 1. Generally. 
 
 Voluntariness of confession induced by 
 
 promise of. 50 L.R.A.(N.S.) 1086. 
 Taking property to hold for a reward as 
 larceny. 52 L.R.A.(N.S.) 1016. 
 
 § 3. 'Wbat mnst be done to earn. 
 
 Prior knowledge of reward as a conditioii 
 of earning the same. L.R.A.1916A, 
 1279. 
 What must be done to earn reward foi 
 arrest. 46 L.R.A.(N.S.) 662. 
 Arrest. 46 L.R.A.(N.S.) 663. 
 Arrest and delivery. 46 L.E.A.(N.S.) 
 
 663. 
 Arrest and conviction. 46 L.R.A. (N.S.) 
 
 664. 
 Detection. 46 L.R.A.(N.S.) 665. 
 For information. 46 L.R.A.<N.S.) 
 665. 
 
 § 4. Right of officer to. 
 
 Eight of public officer to claim reward foi 
 arrest. 43 L.E.A.(N.S.) 131. 
 
 RHEUMATISM. 
 
 Begin tvith this took, on every law question. 
 
 As element of damages for negligent i» 
 jury. 48 L.R.A.(N.S.) 102. 
 
INDEX TO NOTES. 
 
 621 
 
 RICE BEER. 
 
 Judicial notice of intoxicating character 
 of. 48 L.E.A.(N.S.) 316. 
 
 < »» 
 
 RIGHT OF ACTION. 
 
 See. Action oe Suit, § 4. 
 
 <«» 
 
 RIGHT OF AVAY. 
 
 See Easements; Eminent Domain, §§ 49, 
 50; Railroads, § 15. 
 
 * ■ » 
 
 RIOTS. 
 
 See Mobs and Riots. 
 
 « « » 
 
 RIPARIAN OWNERS. 
 
 See Waters, II. 
 
 < ■ » 
 
 RIPARIAN RIGHTS. 
 
 See Watebs, II. 
 
 ♦-.-♦ 
 
 RISK. 
 
 Insurance against, see Insubance. 
 Assumption of, by servant, see Masteb and 
 Servant, III. b. 
 
 RITUAL. 
 
 Eight of benevolent, fraternal or social or- 
 der to protection against use of, by 
 another organization. L.R.A.1915B, 
 1074. 
 
 < « » 
 
 RIVERS. 
 
 In general, see Watees. 
 Ab boundary between states, see BoUNDA- 
 BIES, g 2a. 
 
 » » » 
 
 ROADBED. 
 
 bed caused or accompanied by rainfall. 
 49 L.E.A.(N.S.) 198. 
 Consult also L.R.A. Digests to date. 
 
 ROAOMASTER. 
 
 As fellow servant. 52 L.R.A. (N.S.) 1101. 
 ».•-* 
 
 ROBBERY. 
 
 § 1. Generally. 
 
 Effect of provision in accident insurance 
 policy exempting insurer or limiting its 
 liability in case of injury intentional- 
 ly inflicted by another where injuries 
 were inflicted by robbers. 48 L.R.A. 
 (N.S.) 528. 
 
 Responsibility of one assisting in robbery 
 during which his companion commits 
 murder. 45 L.R.A. (N.S.) 55. 
 
 § 5. 'What force sufficient to consti- 
 tute. 
 
 Actual force. 46 L.R.A.(N.S.) 1150. 
 Snatching. 46 L.R.A.(N.S.) 1150. 
 Where there is resistance. 46 
 
 L.RA.(N.S.) 1150. 
 Where there is no resistance. 46 
 
 L.R.A.(N.S.) 1150. 
 When property is attached to the 
 person so as to afford resist- 
 ance. 46 L.R.A.(N.S.) 1151. 
 When the talking is without the knowl- 
 edge of the person robbed. 46 
 L.K.A.(N.S.) 1151, 
 Constructive force. 46 L.R.A. (N.S.) 115]. 
 Demand with overwhelming numbers 
 or demonstrations of force. 46 
 L.R.A.(N.S.) 1151. 
 Threats of prosecution. 46 L.R.A. 
 (N.S.) 1153. 
 Force employed as a means of escape or 
 to prevent a recapture of property 
 taken without force. 46 L.R.A. (N.S.) 
 1153. 
 Decisions under special statutes. 46 L.R.A. 
 (N.S.) 1153. 
 
 § 7. Punishment for. 
 
 Cruel and unusual punishment for. 
 1916C, 569. 
 
 L.E.A. 
 
 ROCK. 
 
 Injury by rocks rolling down hillside or de- 
 cline. L.R.A.1915B, 426. 
 
 ROENTGEN RAY. 
 
 See X-Ray. 
 
 <«» 
 
 ROGUES' GAI.LERY. 
 
 Liability of railroad company to employees , . , ... , „ 
 
 for injuries caused by defects in road- Right to take or retain m rogues gallery 
 
 U.J ..„ A «.. <,/.^r.Tnnnniprl Tn-a rninfall nicturC Of OUC aCCUSCd Of Crime. 
 
 picture of one accused 
 L.R.A.1916A, 743. 
 
522 
 
 INDEX TO NOTES. 
 
 ROLLING OBJECTS. 
 
 Permitting articles to ioll down hillside 
 or decline. L.R.A.lOiuB, 426. 
 
 ROOSIEBS. 
 
 See LoDOEBS. 
 
 ♦ «» 
 
 ROOMING HOUSE. 
 
 See Lodging Houses. 
 
 « « » 
 
 ROTATION. 
 
 Provision in irrigation contract as to fur- 
 nishing water by rotation. L.II.A. 
 1916F, 270. 
 
 ROUNDHOUSE. 
 
 Working in, as railroad hazard within stat- 
 ute changing fellow-servant rule. 47 
 L.E.A.(N.S.) 117. 
 
 ROUTE. 
 
 Routing of telegram. 50 L.R.A.(N.S.) 94. 
 Reasonableness of rule as to route by which 
 
 passengers shall be carried. L.R.A. 
 
 1915B, 761. 
 
 ROYALTIES. 
 
 For patents, see Patents. 
 
 » • » 
 
 RULE OF THE ROAD. 
 
 See Negugence, § 25. 
 
 ♦-•-• 
 
 RULES. 
 
 Of carriers, see Cakbiees, § 4. 
 
 Of insuranee company, see Insueance, § 
 47. 
 
 Master's duty as to, see Master and Serv- 
 ant, § 71. 
 
 Rule or custom of clearing-house relating to 
 time for presentation of checks as af- 
 fecting liability of collecting bank. 50 
 L.R.A.(N.S.) 542. 
 
 Reasonableness of rule of telephone com- 
 pany requiring subscriber to pay for 
 all long distance messages originating 
 from his telephone. Ii.R.A.1915E, 323. 
 
 RULES OF APPORTIONMENT. 
 
 For improvement assessment, see Public 
 Impbovements, IV. d. 
 
 RUM. 
 
 Judicial notice of intoxicating character 
 of. 48 L.R.A.(N.S.) 305. 
 
 ♦ « » 
 
 RUNAWAY. 
 
 See HoBSES, II. 
 
 ■> ■ » 
 
 RUNNING BOARD. 
 
 Duty of street car company to passenger on, 
 
 see Cabriebs, § 60. 
 Contributory negligence in riding on, see 
 
 Cabeiebs, § 80. 
 
 SACRAMENTS. 
 
 Liability for refusing the sacraments. 
 L.R.A.1916D, 374. 
 
 SAFE. 
 
 Exemption of, from execution. 46 L.R.A. 
 
 (N.S.) 287. 
 
 SAFE DEPOSIT BOX. 
 
 What passes under bequest of contents of. 
 L.R.A.1915C, 654. 
 
 SAFETY. 
 
 Municipal control over nuisances affecting, 
 see Municipal Coepoeations, § 41. 
 
 Begin with this took on every law question. 
 
 SAFETY APPLIANCE ACT. 
 
 See Mastee and Seevant, § 96. 
 
 ♦ «» • 
 
 SAFETY GATES. 
 
 At railroad crossing, see Railroads, §§ 
 70. 
 
 ♦« » 
 
 SAGGING WIRES. 
 
 See Electeicitt, III. 
 
INDEX TO NOTES. 
 
 623 
 
 SAILORS. 
 
 Soldiers' and seamen's wills. 4 B. R. C. 899. 
 
 SALARY. 
 
 Of employee, see Master and Servant, II. 
 
 Of officers, see Officers, III. b. 
 
 Of minister, liability for, see Eeliqiotjs 
 
 Societies, § 7. 
 
 Treatment of salaries paid officers in esti- 
 mating the return of a public service 
 corporation for rate-maldng purposes. 
 52 L.R.A.(N.S.) 53, 69. 
 
 SALE. 
 
 J. In general, § 1. 
 II. When sale complete; termination 
 
 of contract of, §§ 2, 3. 
 III. What constitutes, § i. 
 IT. Validity, §§ S, 6. 
 VI. Passing of title, §§ 9—13. 
 VII. Delivery; tender, § 14:. 
 VIII. Conditional sale, §§ 1S—20. 
 IX. Acceptance; retention, §§ 21—23. 
 X. Warranty, §§ 26— SS. 
 
 a. In general, §§ 26—29. 
 6. On sale hy manufacturer, § 
 30. 
 
 c. Of fitness, §§ 31, 32. 
 
 d. Of quality or Tcind, §§ 33— 
 
 36. 
 f. Effect of test or inspection or 
 
 opportunity to inspect, § 
 
 38. 
 XI. Duties, rights, and remedies of 
 
 parties, §§ 39—72. 
 a. In general, §§ 39—47. 
 6. Conditional sale, §§4:8-52. 
 
 c. On Tireach of warranty, §§ 
 
 53-59. 
 
 d. Lien for price; stoppage in 
 
 transitu, §§ 60, 61. 
 
 e. Rescission, §§ 62— 70. 
 
 1. In general, §§ 62-64. 
 
 2. Grounds, §§ 65—68. 
 
 I. In general. 
 
 § 1. Generally. 
 
 At auction, see AtrcTlON. 
 
 Of commercial paper, see Bills and Notes, 
 §§ 26-42. 
 
 Of mortgaged chattels, see Chattel Mort- 
 gage. 
 
 Of corporate stock, see Corporations, VIII. 
 c. 
 
 Of cotenant's interest, see Cotenanct, IV. 
 
 Of property in custody of law, see Custody 
 OF Law, §§ 2, 3. 
 
 Of game, see Game Laws. 
 
 Of intoxicating liquors, see lNT#xiaA.TiNG 
 Liquors. 
 
 Judicial sale, see JtroiciAL Sale. 
 
 On foreclosure, see Mortgage, VII. h. 
 Consult also L.B.A. Digests to date. 
 
 SALE, I.— cont'd. 
 
 Of timber, see Timber, §§ 2, 4. 
 
 Of real property generally, see Vendor and 
 Purchaser. 
 
 For taxes, see Taxes, IV. i. 
 
 By executor or administrator, see Execu- 
 tors and Administrators, § 59. 
 
 By guardian of ward's land, see Guardian 
 AND Ward, § 14. 
 
 By inventor, see Patents, III. 
 
 Assignment, see Assignment. 
 
 Matters as to interstate commerce, see Com- 
 merce, §§ 14-16. 
 
 Offers, see Contracts, §§ 22, 23. 
 
 Parol evidence as to written contract of 
 sale, see Evidence, VII. 
 
 Damages in case of, see Damages, III. b, 4. 
 
 As to matters in relation to food, see Food. 
 
 Guaranty of payment, see Guaranty. 
 
 Injunction against, see Injunction, § 15. 
 
 Seller's intent in, see Intent, § 6. 
 
 As to personal injuries from defects in 
 article sold, see Negligence, § 15. 
 
 Medium of payment for, see Payment, II. 
 
 False pretenses in misrepresenting the qual- 
 ity, condition or status of the subject 
 of a sale. 49 L.R.A.(N.S.) 574. 
 
 Right of railroad company to sell material 
 or mineral taken from right of way. 
 45 L.R.A.(N.S.) 796. 
 
 II. When sale complete ; termination of 
 contract of. 
 
 § 2. When sale complete. 
 
 Offers generally, see Contracts, §§ 22, 23. 
 
 Communication naming price as a quotation, 
 or an offer to sell. 3 B. R. C. 229. 
 
 Parol evidence that written instrument 
 which on its face imports a complete 
 transfer was intended to operate as a 
 mortgage or pledge. L.R.A.1916B, 18. 
 
 § 3. Termination of contract of. 
 
 Effect of death of party on contract of sale. 
 45 L.R.A.(X.S.) 349. 
 
 III. What constitutes. 
 
 § 4. Generally. 
 
 In case of intoxicating liquors, see Intoxi- 
 cating Liquors, § 20. 
 
 Statute of frauds; distinction between sales 
 of personalty and agreements for work 
 and labor. 43 L.R.A.(N.S.) 97. 
 
 Question whether automobile distribution 
 contract is one of agency or sale. 
 L.R.A.1915B, 110. 
 
 IV. Validity. 
 
 § 5. Generally. 
 
 Of conditional sale, see infra, § 18. 
 
 As to contract within statute of frauds, 
 see Contracts, §§ 35, 36, 56, 57. 
 
 Fraud in obtaining credit, see Fraud and 
 Deceit, § 11. 
 
 Validity of, as against creditor, see Fraud- 
 ulent Conveyances. 
 
 Of intoxicating liquors, see Intoxicating 
 Liquors, IV. 
 
 Sale made on Sunday, see Sunday, § 4. 
 
524 
 
 INDEX TO NOTES. 
 
 SALE, lY.— cont'd. 
 
 Conducting business in violation of law as 
 aflfecting contract for its sale. 45 
 L.R.A.(N.S.) 810. 
 Validity of agreement by which compensa- 
 tion for making sale is dependent upon 
 success in procuring contract with pub- 
 lic officer or board. L.R.A.1915C, 823. 
 What misrepresentations as to the contents 
 of an instrument will render it void in 
 law. 4 B. R. C. 603. 
 Mutuality of accepted proposition to furnish 
 such material as one needs in his busi- 
 ness. 43 L.R.A.(N.S.) 730. 
 Validity of transfer of property in viola- 
 tion of restraining order. 50 
 L,R.A.(N.S.) 871. 
 As to transferees with notice. 50 
 
 L.R.A.(N.S.) 871. 
 Cases decided upon theory of lis pen- 
 dens where there was an in- 
 junction. 50 L.R.A.(N.S.) 
 873. 
 Illustrations of the theory. 50 
 L.R.A.(N.S.) 873. 
 Miscellaneous. 50 L.R.A.(N.S.) 875. 
 
 § 6. Sale in hvlk. 
 
 Constitutionality of statutes as to, see Con- 
 stitutional Law, § 116. 
 
 What kinds or classes of property are with- 
 in the operation of the bulk sales stat- 
 utes. 45 L.R.A.(N.S.) 495. 
 
 Applicability of bulk sales law to exempt 
 property. 45 L.R.A.(N.S.) 497. 
 
 Sale of stock of liquors. L.R.A.1916D, 
 1010. 
 
 Effect of misrepresentations in statement 
 seller is required to make as a condi- 
 tion of a valid sale in bulk. 45 L.R.A. 
 (N.S.) 492. 
 
 Right of purchaser in violation of bulk 
 sales law, where price has been applied 
 to payment of creditors of seller. 51 
 L.R.A.{N.S.) 343. 
 
 Right of purchaser to indemnity for ex- 
 pense of defending suit or proceeding 
 based on bulk sales act. L.R.A. lOlOF, 
 551. 
 
 Remedy of creditors where sale is made in 
 violation of bulk sales law. L.R.A. 
 1916B, 974. 
 Remedy at law, L.R.A.1916B, 974. 
 In equity. L.R.A.1916B, 976. 
 
 VI. Passing of title. 
 
 % 9. Generally. 
 
 On sale of goods with privilege of return. 
 L.R.A.1916E, 1209. 
 
 § 9a. Under contract for sale of goods 
 to be produced or manufactured. 
 
 Intention of the parties as the test. 50 
 
 L.R.A. (N.S.) 113. 
 When intention is a question of law, and 
 
 when of fact. 50 L.R.A. (N.S.) 113. 
 Whether title passes upon the execution of 
 
 the contract. 50 L.R.A. (N.S.) 114. 
 Whether title passes prior to completion or 
 production of article. 50 L.R.A. 
 (N.S.) 115. 
 
 Begin with this hoolc on every law question. 
 
 SALE, VI.— comtU 
 
 Approval by purchaser during construc- 
 tion. 50 L.R.A.(N.S.) 116. 
 Effect of provision for payment of the 
 purchase price. 50 L.R.A. (N.S.) 
 118. 
 Whether title passes upon completion or 
 production of article. 50 L.R.A. (N.S.) 
 122. 
 Necessity of some act of appropriation. 50 
 L.R.A.(N.S.) 123. 
 Appropriation by terms of contract. 
 
 50 L.R.A.(N.S.) 124. 
 Necessity of consent of seller to appro- 
 priation. 50 L.R.A.(N.S.) 126. 
 What constitutes an appropriation. 50 
 L.R.A.(N.S.) 127. 
 In general — ^tender or delivery and ac- 
 ceptance. 50 L.R.A.(N.S.) 127. 
 Sufficiency of delivery. 50 L.R.A. 
 (N.S.) 130. 
 Delivery to common carrier. 50 
 L.R.A.(N.S.) 132. 
 Necessity of acceptance. 50 L.R.A. 
 (N.S.) 133. 
 Where contract commits buyer to 
 acceptance. 50 L.R.A.(N.S.) 
 133. 
 Effect of provision for inspection. 
 
 50 L.R.A.(N.S.) 134. 
 Effect of provision for test or trial. 
 
 50 L.R.A.(N.S.) 136. 
 Where quality is to be ascertained. 
 50 L.R.A.(N.S.) 137. 
 What constitutes acceptance. 50 L.R.A. 
 (N.S.) 138. 
 Effect of payment of purchase price. 50 
 
 L.R.A.(N.S.) 139. 
 
 Effect of insurance of property or provisions 
 
 relative thereto. 50 L.R.A. (N.S.) 140. 
 
 Provisions as to title. 50 L.R.A. (N.S.) 140. 
 
 Miscellaneous provisions. 50 L.R.A. (N.S.) 
 
 141. 
 
 § 10. By delivery. 
 
 Right of purchaser of, or creditors levy- 
 ing on, goods sold for cash, but de- 
 livered without payment. 47 L.R.A. 
 (N.S.) 173. 
 
 Necessity and sufficiency of delivery to pass 
 title under contract for sale of goods 
 to be produced or manufactured. 50 
 L.R.A.(N.S.) 127. 
 
 § 1 1 . — to carrier. 
 
 Place of delivery to carrier as place of 
 sale of intoxicating liquor. 44 L.R.A. 
 (N.S.) 450. 
 
 VII. Delivery; tender. 
 
 § 14. Generally. 
 
 Delivery passing title, see supra, §§ 10, 11. 
 
 Necessity and sufficiency of change of pos- 
 session to protect purchaser against 
 creditors, see Ebaudulent Convey- 
 ances, § 19. 
 
 Admissibility of extrinsic evidence as to 
 time for delivery of goods where 
 none is specified in written con- 
 tract. L.R.A.1916B, 1039. 
 
INDEX TO NOTES. 
 
 5Zb 
 
 SALE, Yn.—oont'd. 
 
 Proof of oral understandings or agree- 
 ment. L.R.A.1916B, 1039. 
 Proof of custom or usage. L.R.A. 
 
 1916B, 1040. 
 Admissibility on question of reason- 
 ableness to time. L.R.A.1916B, 
 1040. 
 
 Delay in attempting to regain property ob- 
 tained under agreement to pay there- 
 for on delivery as waiver of that con- 
 dition. L.R.A.1915D, 355. 
 
 Failure of seller to deliver goods on agreed 
 date as ground for rescission by pur- 
 chaser. L.E.A.1916E, 940. 
 
 Retaining control of bill of lading to in- 
 sure payment as affecting sufficiency 
 of delivery to carrier as compliance 
 with provision reqviiring delivery at 
 place of shipment. L.R.A.1915B,' 537. 
 
 Duty of vendor of trees, shrubs, plants, 
 or vines, as to delivery and notice there- 
 of. 49 L.E.A.(N.S.) 1155. 
 
 Rights of purchasers from, or creditors of, 
 buyer to whom goods are delivered be- 
 fore perfecting reservation of title or 
 lien to secure purchase price according 
 to contract. 47 L.R.A. (N.S.) 561. 
 
 Yin. Conditional sale. 
 
 § 15, Generally. 
 
 Rights of parties, see infra, §§ 48, 52. 
 
 Parol evidence to vary written contract of 
 conditional sale in favor of or against 
 a stranger to the contract. L.R.A. 
 1916A, 599, 610. 
 
 Reservation of title of property as affecting 
 negotiability of note for purchase price. 
 43 L.R.A.(N.S.) 945. 
 
 Rights of purchaser from, or creditors of, 
 buyer to whom goods are delivered 
 before perfecting reservation of title or 
 lien to secure purchase price accord- 
 ing to contract. 47 L.R.A. (N.S.) 561. 
 
 § 18. Validity. 
 
 Conditional sale contract executed prior to, 
 but filed within four months of bank- 
 ruptcy, as a voidable preference. 47 
 L.R.A.(N.S.) 1223. 
 
 IX. Acceptance; retention, 
 
 % 21. Generally. 
 
 Necessity of acceptance to pass title under 
 contract for sale of goods to be pro- 
 duced or manufactured. 50 L.R.A. 
 (N.S.) 133. 
 Remedies of parties under a contract for 
 the sale of an article on approval. 
 50 L.R.A.{N.S.) 808. 
 Notice of defects. 50 L.R.A. (N.S.) 808. 
 Return of property. 50 L.R.A. (N.S.) 
 809. 
 When time for trial is fixed. 50 
 L.RA.(N.S.) 809. 
 Right to return before time 
 has expired. 50 L.R.A. 
 (N.S.) 810. 
 Consult also L.B.A. Digests to date. 
 
 SALE, IX.— cont'd. 
 
 Where no time is stipulated for 
 
 trial. 50 L.R.A. (N.S.) 810. 
 Retention as security for claim 
 against seller. 50 L.R.A. 
 (N.S.) 811. 
 When period commences to run. 50 
 
 L.R.A. (N.S.) 811. 
 Where no stipulation in contract 
 for return. 50 L.R.A. (N.S.) 
 811. 
 Effect of continued use of property. 50 
 L.R.A.(N.S.) 812. 
 When at request of seller. 50 
 L.R.A.(N.S.) 812. 
 Acceptance as affecting claim for dam- 
 ages. 50 L.R.A. (N.S.) 813. 
 Repudiation of contract of sale of personal 
 property on one ground as waiver of 
 other objections. 3 B. R. C. 591. 
 
 § 22. 'What constitutes an accept- 
 ance. 
 
 What constitutes acceptance which will pass 
 title under contract for sale of goods 
 to be produced or manufactured. 50 
 L.R.A.(N.S.) 138. 
 
 Under contract for sale of article on ap- 
 proval. 50 L.R.A.(N.S.) 808. 
 
 § 23. — retention of possession as. 
 
 Retaining possession of article sold on ap- 
 proval. 50 L.R.A.(N.S.) 812. 
 
 § 24. Effect of acceptance. 
 
 Waiver of known breach of warranty by, see 
 infra, § 59. 
 
 Effect of acceptance of trees, shrubs, plants, 
 or vines on liability of vendor. 49 
 L.R.A.(N.S.) 1154. 
 
 X. Warranty. 
 
 a. In general. 
 
 § 26. Generally. 
 
 Rights and duties on breach of, see infra, 
 XL c. 
 
 Implied or ostensible authority of an agent 
 for the sale of personal property to 
 warrant the same. L.R.A.1916C, 412. 
 
 Eight of one liable for damages from de- 
 fective article to recover over against 
 vendor or -manufacturer. L.R.A.1915C, 
 336. 
 
 Evidence as to results of use of substance 
 upon issue as to breach of warranty as 
 to ingredients. L.R.A.1915D, 875. 
 
 Breach of warranty as affecting purchaser 
 of purchase money note with knowledge- 
 of the character of the consideration, 
 48 L.R.A.(N.S.) 868. 
 
 § 28. Of title. 
 
 When does statute of limitations begin to 
 run against action for breach of war- 
 ranty. L.R.A.1916F, 818. 
 
 § 28a. On sale of second-hand arti- 
 cle. 
 
 Implied warranty L.R.A.1915B, 478. 
 
526 
 
 INDEX TO NOTES. 
 
 SALE, X. a — cont'd. 
 
 Express warranty. L.R.A.1915B, 479. 
 
 Construction of warranty. L.R.A.1915B, 
 
 479. 
 Extent of warranty. L.R.A.1915B, 480. 
 Existence of warranty whether question 
 
 for the jury. L.R.A.1915B, 480. 
 
 b. On sale by manufacturer. 
 
 § 30. Generally. 
 
 Right of one liable for damages from de- 
 fective article to recover over against 
 manufacturer. L.R.A.1915C, 336. 
 
 c. Of fitness. 
 
 % 32. Implied warranty of fitness of 
 property bougbt for special pur- 
 pose. 
 
 Implied warranty of trees, shrubs, plants, 
 or vines. 49 L.K.A.(N.S.) 1151. 
 
 On sale of second hand article. L.R.A. 
 1915B, 478. 
 
 Fitness of food or medicine for live stock. 
 L.R.A.1916B, 1109. 
 
 d. Of quality or Uind. 
 
 § 33. Generally. ' 
 
 Rights and remedies of parties, see infra, § 
 
 54. 
 
 On sale of secondhand article. L.R.A.1915B, 
 
 478. 
 Implied warranty of quality of food or 
 
 medicine for live stock. L.R.A.1916B, 
 
 1109. 
 
 § 36. Of seeds sold. 
 
 Warranty that seed is true to name. L.R.A. 
 1916C, 1012. 
 
 Warranty of germinating power. L.R.A. 
 19160, 1012. 
 
 I'reedom from noxious weeds. L.R.A. 19160, 
 1013. 
 
 Effect of nonwarranty or disclaimer of war- 
 ranty clause. L.R.A.1916C, 1013. 
 
 Rescission. L.R.A.1916C, 1013. 
 
 W'here seed is not true to name. L.R.A. 
 1916C, 1013. 
 
 Where seed contains noxious seeds, etc. 
 L.R.A.1916C, 1014. 
 
 § 36a. Of trees, shrubs, plants, or 
 vines. 
 
 Liability of vendor of trees, shrubs, plants, 
 
 or vines. 49 L.R.A.(N.S.) 1151. 
 Express warranty. 49 L.R.A. (N.S.) 1151. 
 
 Scope and effect. 49 L.R.A. (N.S.) 1151. 
 
 Statement not amounting to a war- 
 ranty. 49 L.R.A.(N.S.) 1152. 
 Implied warranty. 49 L.R.A. (N.S.) 1152. 
 Where seller purchased stock. 49 L.R.A. 
 
 (N.S.) 1153. 
 Limitation of scope of warranty. 49 L.R.A. 
 
 (N.S.) 1153. 
 Right of purchaser to rely upon superior 
 
 knowledge of seller. 49 L.R.A. (N.S.) 
 
 1153. 
 Effect of acceptance. 49 L.R.A. (N.S.) 1154. 
 When breach occurs. 49 L.R.A. (N.S.) 1154. 
 
 Begin with this boolc on every law question. 
 
 SALE, X. i— cont'd. 
 
 Matters of evidence. 49 L.R.A. (N.S.) 1154. 
 
 Measure of damages recoverable for breach 
 
 of warranty. 49 L.R.A. (N.S.) 1155. 
 
 f. Effect of test or inspection or oppor- 
 tunity to inspect, 
 
 § 38. Generally. 
 
 Implied warranty in addition to stipulated 
 test. L.R.A.1915B', 1131. 
 
 XI. Duties, rights, and remedies of par- 
 ties. 
 
 a. In general. 
 
 § 39. Generally. 
 
 On purchase of bill of lading with draft 
 attached, see Bills and Notes, § 7. 
 
 Measure of damages for breach of contract 
 of sale, see Damages, III. b, 4. 
 
 Loss of profits as element of damages for 
 breach of contract of sale, see Dam- 
 ages, §§ 115, 116. 
 
 Liability for negligence in sale of drugs, 
 see Drugs and Detjggists, § 5. 
 
 Liability of seller for negligence in sale of 
 food, see Food, § 5. 
 
 Liability of seller, generally, for injuries 
 due to defects in property sold, see 
 Negligence, § 15. 
 
 Tenant's or cropper's abandonment of crop 
 as affecting rights of purchaser. 46 
 L.R.A.(N.S.) 56. 
 
 Right to receiver to take property from 
 possession of purchaser. 47 L.K.A. 
 (N.S.) 749. 
 
 Repudiation of contract of sale on one 
 ground as waiver of other objections. 
 3 B. R. 0. 591. 
 
 Necessity of pleading statute of frauds in 
 action on contract of sale. 49 L.R.A. 
 (N.S.) 32. 
 
 Validity of statute or ordinance for the set- 
 tlement of weights as between buyer 
 and seller by public weigher. 51 L.R.A. 
 (N.S.) 731. 
 
 Agreements as to determination of prices 
 or value by third persons. 47 L.R.A. 
 (N.S.) 384. 
 
 Effect of discontinuance of serial publica- 
 tion. 45 L.R.A. (N.S.) 203. 
 
 Relief from contract of sale because of 
 over or underestimate of quantity by 
 seller. 45 L.R.A. (N.S.) 243. 
 
 Recommendation of another as proper sub- 
 ject for credit as ground of liabilitv 
 L.R.A.1915A, 100. 
 
 Effect of provision of contract that buyer 
 shall furnish receptacles. L.R.A. 
 1916D, 730. 
 
 Remedy of purchaser for failure of seller 
 to furnish assistant to handle subject- 
 matter of sale. 45 L.R.A.(N.S.) 258. 
 
 Duty of vendor of dangerous goods to warn 
 purchaser. 3 B. R. C. 449. 
 
 Remedies of parties under a contract for 
 the sale of an article on approval. 50 
 L.R.A.(N.S.) 808. 
 
INDEX TO NOTES. 
 
 527 
 
 SALE, XI. a.— cont'd. 
 
 Time for exercising option reserved in con- 
 tract of sale to return or resell 
 property. 50 L.R.A.(N.S.) 594. 
 
 Necessity of notice in general. 50 
 L.R.A.(N.S.) 595. 
 
 Notice or tender prior to stipulated 
 time. 50 L.R.A.(N.S.) 595. 
 
 Agreement to return property or pay 
 the purchase price. 50 L.R.A. 
 (N.S.) 596. 
 
 Option to return at any time. 50 
 L.R.A(N.S.) 596. 
 
 Option to return after the expiration of 
 a designated time. 50 L.R.A. 
 (N.S.) 597. 
 
 Option to return at expiration of speci- 
 fied period. 50 L.R.A. (N.S.) 598. 
 
 Option to resell at a designated time. 
 50 L.R.A.(N.S.) 599. 
 
 Option to return within a specified 
 time. 50 L.R.A. (N.S.) 600. 
 
 Waiver by seller. 50 L.R.A. (N.S.) 601. 
 
 Miscellaneous. 50 L.R.A. (N.S.) 601. 
 Title to goods which purchaser elects to re- 
 turn for credit pursuant to contract. 
 
 L.R.A.1916E, 1209. 
 
 § 43. Restrictions on sale or use of 
 property as affecting purchaser. 
 
 Of patented article, see Patents, § 12. 
 
 Condition imposed by manufacturer as to 
 retail price, as binding upon retailer 
 purchasing from middleman. 3 B. R. 
 C. 299. 
 
 § 44. Seller's right to retake prop- 
 erty. 
 
 Under conditional sale, see infra, § 50. 
 
 Right of seller of property to municipal 
 corporation under invalid contract to 
 retake or remove the property upon re- 
 fusal of payment. L.R.A. 1915B, 173. 
 
 § 45. Recovery of purchase price by 
 seller. 
 
 Delay in attempting to regain property ob- 
 tained under agreement to pay there- 
 for on delivery as waiver of that con- 
 dition. L.R.A.191.3D, 355. 
 Right of seller to recover contract price or 
 value of articles delivered while 
 refusing further deliveries for pur- 
 chaser's failure to pay. 43 L.R.A. 
 1009. 
 Recovery of value of instalments deliv- 
 ered. 43 L.R.A.(N.S.) 1010. 
 Recovery of contract price. 43 L.R.A. 
 
 (N.S.) 1011. 
 Right of election as to remedy. 43 
 L.R.A.(N.S.) 1014. 
 Right to recover purchase price where pur- 
 chaser wrongfully repudiates his 
 contract. 51 L.R.A.(N.S.) 735. 
 Executed contracts. 51 L.R.A. (N.S.) 
 
 736. 
 General rule as to executory contracts. 
 
 51 L.R.A. (N.S.) 738. 
 Necessity of delivery, tender, or appro- 
 priation. 51 L.R.A. (N.S.) 
 740. 
 Consult also L.R.A. Digests to date. 
 
 SALE, XI. a.— cont'd. 
 
 Where contract contemplates some 
 act by purchaser. 51 L.R.A. 
 (N.S.) 742. 
 As affected by terms of contract. 
 51 L.R.A. (N.S.) 743. 
 Necessity of complying with 
 contract. 51 L.R.A. (N.S.) 
 743. 
 Delivery to carrier. 51 L.R.A. 
 (N.S.) 744. 
 Where contract does not require 
 delivery. 51 L.R.A.(N.S.) 745. 
 Waiver of delivery or tender. 51 
 L.R.A.(N.S.) 745. 
 Refusal of buyer to accept property 
 when tendered. 51 L.R.A. 
 (N.S.) 746. 
 Where article is manufactured for 
 the buyer. 51 L.R.A. (N.S.) 
 749. 
 Repudiation of contract by buyer be- 
 fore tender or appropriation. 
 51 L.R.A.(N.S.) 751. 
 Articles to be manufactured. 51 
 
 L.R.A,(N.S.) 754. 
 Other articles. 51 L.R.A. (N.S.) 
 756. 
 Repudiation by buyer before article is 
 
 completed. 51 L.R.A.(N.S.) 758. 
 Where title is expressly reserved by 
 seller until purchase price is paid. 
 51 L.R.A.(N.S.) 759. 
 Pleadings. 51 L.R.A. (N.S.) 760. 
 
 b. Conditional sale. 
 
 § 48. Generally. 
 
 Effect on question of fixtures generally of 
 retention of title to, or lien on, chattel 
 sold, see Fixtubes, §§ 6, 7. 
 
 Rights and remedies of parties to condition- 
 al sale to infant. 52 L.R.A. (N.S.) 723. 
 Conditional sale contract executed prior to, 
 but filed within four months of bank- 
 ruptcv, as a voidable preference. 47 
 L.R.A.(N.S.) 1223. 
 Accession to property which is the subject 
 of a conditional sale. L.R.A. 1916E, 
 256. 
 Right to lien for repairs or other services 
 imder contract with purchaser un- 
 der conditional sale. L.R.A. 193 5D, 
 1141. 
 Innkeeper's lien. L.R.A. 1915D, 1143. 
 Effect of the retaking of property by seller 
 on the rights and remedies of the 
 parties to a contract of condition- 
 al sale. L.R.A.1916A, 915. 
 Where contract merely contains reser- 
 vation of title and express or im- 
 plied authority to sell. L.R.A. 
 1916A, 915. 
 •Where contract is in form a lease. 
 L.R.A.1916A, 917. 
 In form of bailment. L.R.A.1916A, 918. 
 Where oontra.ct contains express power to 
 
 sell. L.R.A.1916A, 918. 
 Where contract contains provision for con- 
 tinuing liability of buyer. L.R.A. 
 1916A, 919. 
 
628 
 
 INDEX TO NOTES. 
 
 SALE, XI. b— cont'd. 
 
 Failure to comply with statute. L.B..A. 
 1916A, 920. 
 
 As affected by the character of the posses- 
 sion. L.E.A.1916A, 920. 
 
 Where buyer refuses to accept the property. 
 L.II.A.1916A, 921. 
 
 Liability of the seller to the buyer. L.R.A. 
 1916A, 921. 
 
 Eenewal of conditional sale note as affect- 
 ing rights of seller or the intervening 
 rights of third persons to the property. 
 L.R.A.1916A. 927. 
 
 § 49. On default of payment. 
 
 Right and duty of seller who retakes prop- 
 erty under right reserved in the con- 
 traet, where reservation of title is in- 
 valid. L.R.A.1916C, 560. 
 
 Bringing an action for the purchase price 
 as a waiver by the vendor of the title 
 and remedy clauses in a conditional 
 sale contract. L.E.A.1916A, 925. 
 
 § 50. Seller's rigbt to retake prop- 
 erty. 
 
 Right to employ force in retaking property 
 sold conditionally. L.R.A.1915F, 673. 
 
 § 52. Purchaser's right to recover 
 bach payments irhere seller re- 
 takes property. 
 
 Right of purchaser on conditional sale to 
 recover payments where the seller re- 
 takes the property. 51 L.R.A. (N.S.) 
 251. 
 
 Infant's right to recover bade payments 
 where seller retakes property on dis- 
 affirinance of contract by infant. 52 
 L.R.A.(N.S.) 723. 
 
 o. On breach of warranty. 
 
 § 53. Generally. 
 
 Measure of damages on breach of warranty, 
 see Damages, § 37. 
 
 Loss of profits as element of damages, see 
 Dahages, § 116. 
 
 Liability of seller or manufacturer for in- 
 juries by dangerous or defective article, 
 see Negligence, § 15. 
 
 When does statute of limitations begin to 
 run against an action for breach of war- 
 ranty. L.R.A.1916F, 812. 
 
 Admissibility upon question as to breach 
 of warranty of evidence as to success 
 or failure of goods or apparatus. 
 L.R.A.1915B, 626. 
 
 Right of husband to recover in action for 
 breach of warranty, for loss of services 
 of wife, occasioned by her injury or 
 death in consequence of such breach. 3 
 B. R. C. 197. 
 
 Right of a purchaser of chattel to avail 
 himself of breach of warranty made 
 to the seller. 51 L.R.A. (N.S.) 1111. 
 
 Remedies of parties to a, contract of sale 
 providing that seller will remove the 
 property if it does not fulfil the war- 
 ranty. 50 L.R.A.(N.S.) 805. 
 
 Begin with this took on every law question. 
 
 SALE, XL e — cont'd. 
 
 § 53a. Exclusiveness of remedy pro- 
 vided by contract. 
 
 Exclusiveness of remedy for breach of war- 
 ranty provided in contract for the 
 sale of an animal. 50 L.R.A. 
 (N.S.) 774. 
 Scope of warranty. 50 L.R.A. (N.S.) 
 
 774. 
 Where provision for return is manda- 
 tory. 50 L.R.A.(N.S.) 774. 
 Where warranty is conditioned upon 
 performing provision. 50 L.R.A. 
 (N.S.) 774. 
 Where limitation provision is permis- 
 sive in form. 50 L.R.A.(N.S.) 
 775. 
 Rule that ordinary remedy is not 
 affected. 50 L.R.A. (N.S.) 775. 
 Rule that provision limits remedy. 
 50 L.R.A.(N.S.) 777. 
 Excuse for failure to return. 50 L.R.A. 
 
 (N.S.) 778. 
 Default of seller. 50 L.R.A. (N.S.) 778. 
 Exclusiveness of remedy for breach of war- 
 ranty provided in contract for sale 
 of machinery. 50 L.R.A. (N.S.) 
 753. 
 In general. 50 L.R.A. (N.S.) 753. 
 Provision for notice or return in form 
 imperative. 50 L.R.A. (N.S.) 
 754. 
 Where provision contextually part 
 of a conditional warranty. 
 50 L.R.A.(N.S.) 754. 
 Cases making no distinction 
 between general and spe- 
 cial warranty. 50 L.R.A. 
 (N.S.) 754. 
 Where distinction made be- 
 tween general and special 
 warranty. 50 L.E.A. 
 (N.S.) 761. 
 Where provision requires notice 
 and return in case of 
 "breach of warranty." 50 
 L.R.A.(N.S.) 763. 
 Where cases make no distinc- 
 tion between general and 
 special warranty. 50 
 L.R.A.(N.S.) 763. 
 Where distinction is mad^ be- 
 tween general and special 
 warranty. 50 L.R.A. 
 (N.S.) 765. 
 Miscellaneous forms of warranty. 
 
 50 L.R.A.(N.S.) 767. 
 Form of warranty not disclosed. 
 50 L.R.A.(N.S.) 769. 
 Provision for notice or return in form 
 permissive. , 50 L.R.A. (N.S.) 769. 
 Agreement by seller to replace defec- 
 tive parts as imposing limitation 
 upon purchaser's remedy. 50 
 L.E.A.(N.S.) 771. 
 Miscellaneous constructions as affecting 
 purchaser's remedy. 50 L.R.A. 
 (N.S.) 771. 
 Where purchaser attempts to rescind. 
 
 50 L.R.A.(N.S.) 772. 
 Effect of default of seller. 50 L.R.A. 
 (N.S.) 773. 
 
INDEX TO NOTES. 
 
 52» 
 
 SALE, XI. e— cont'd. 
 
 Effect of fraud by seller. 50 L.R.A. 
 (N.S.) 773. 
 Exclusiveness of remedy for breach of war- 
 ranty given in contract of sale of 
 chattels other than machinery or 
 animals. 50 L.R.A. (N.S.) 778. 
 Where provision for return is permis- 
 sive. 50 L.K.A.(N.S.) 780. 
 
 § 54. As to quality or quantity. 
 
 When does statute of limitations begin to 
 run against an action for breach of 
 warranty. L.R.A.1916F, 812. 
 
 § 56. Compliance with conditions of 
 ivarranty. 
 
 Necessity and sufficiency of compliance with 
 conditions of warranty in sale of 
 personal property. 50 L.R.A. 
 (N.S.) 783. 
 Necessity of notice. 50 L.R.A. (N.S.) 
 783. 
 In order to recover or counter- 
 claim damages. 50 L.R.A. 
 (N.S.) 783. 
 Where remedy cumulative. 50 
 L.R.A. (N.S.) 785. 
 To entitle purchaser to rescind. 50 
 
 L.R.A. (N.S.) 785. 
 
 As affected by presence of agent 
 
 at trial of article. 50 L.R.A. 
 
 ' (N.S.) 787. 
 
 As affected by voluntary attempt 
 
 by agent of seller to remedy 
 
 defect. 50 L.R.A. (N.S.) 787. 
 
 As affected by extension of time. 
 
 50 L.R.A.(N.S.) 787. 
 Effect of inability to ascertain na- 
 ture of defect. 50 L.R.A. 
 (N.S.) 788. 
 Form and sufficiency of notice. 50 
 
 L.R.A.(N.S.) 788. 
 When notice to be given. 50 L.R.A. 
 
 (N.S.) 789. 
 How notice given. 50 L.R.A. (N.S.) 
 
 791. 
 To whom notice given. 50 L.R.A. (N.S.) 
 
 791. 
 Effect of notice. 50 L.R.A. (N.S.) 793. 
 Necessity of rendering seller friendly 
 
 assistance. 50 L.R.A. (N.S.) 793. 
 Necessity of returning property. 50 
 L.R.A.(N.S.) 794. 
 Time for return. 50 L.R.A. (N.S.) 
 
 795. 
 Computation of time for return. 
 
 50 L.R.A.(N.S.) 795. 
 Where article retained at request 
 of seller. 50 L.R.A. (N.S.) 
 795. 
 Extent of return. 50 L.R.A. (N.S.) 
 
 795. 
 Effect of return. 50 L.R.A. (N.S.) 
 795. 
 
 § 57. — -waiver of conditions. 
 
 Waiver of conditions in contract of sale 
 limiting the warranty. 50 L.R.A. 
 (N.S.) 796. 
 Waiver of notice or form of notice. 50 
 L.R.A.(N.S.) 796. 
 Consult also L.R.A. Digests to date. 
 43— '16F. 
 
 SALE, XL c— cont'd. 
 
 Presence of agent at trial of article. 
 
 50 L.R.A.(N.S.) 797. 
 Acting upon defective notice. 50 
 L.R.A.(N.S.) 797. 
 Act of seller. 50 L.R.A. (N.S.) 
 
 797. 
 Act of agent. 50 L.R.A.(N.S.) 
 798. 
 Authority of agent to waive. 50 
 L.R.A.(N.S.) 799. 
 Where agent attempts to rem- 
 edy defects. 50 L.R.A. 
 (N.S.) 800. 
 Agreement to secure settle- 
 ment. 50 L.R.A.(N.S.) 
 801. 
 Waiver of return. 50 L.R.A. (N.S.) 
 802. 
 By seller. 50 L.R.A. (N.S.) 802. 
 Refusal of seller or agent to ac- 
 cept return. 50 L.R.A. (N.S.) 
 803. 
 By agent of seller. 50 L.R.A. 
 (N.S.) 803. 
 Extension of time for trial. 
 
 50 L.R.A. (N.S.) 804. 
 Subsequent agreements. 50 
 L.R.A.(N.S.) 805. 
 
 § 58. Waiver of breach. 
 
 Under a contract for sale of goods on ap- 
 proval. 50 L.R.A.(N.S.) 808. 
 
 d. Lien for price; stoppage in transitu. 
 
 § 60. Iiien for price. 
 
 Applicability of doctrine of vendor's equita- 
 ble lien to personal property. 3 B. R. 
 C. 824. 
 
 e. Rescission. 
 
 1. In general. 
 
 § 62. Generally. 
 
 Right of seller to retake property, see supra, 
 §§ 44, 50. 
 
 Duty of buyer where seller refuses to accept 
 property tendered in rescission of 
 the contract. L.R.A.1916F, 479. 
 
 Right to sell. L.R.A.1916F, 479. 
 
 Retention of the property. L.R.A. 
 1915F, 480. 
 
 Use of the property. L.R.A.1916F, 480. 
 Animas. L.R.A.1916F, 480. 
 Machinery, etc. L.E.A.1916F, 481. 
 
 8. Oroimds, 
 
 § 65. Generally. 
 
 Failure of seller to deliver goods on agreed 
 date as ground for rescission by 
 purchaser. L.R.A.1916E, 940. 
 
 Where delivery is to be on a specified 
 date. L.R.A.1916E, 942. 
 
 At once. L.R.A.1916E, 942. 
 
 Promptly. L.E.A.1916E, 943. 
 
 As soon as possible or practica;ble. 
 L.R.A.1916E, 943. 
 
 Immedia.tely. L.R.A.1916E, 943. 
 
 34 
 
530 
 
 IKDEX TO NOTES. 
 
 SAIE, XI. e, Z— cont'd. 
 
 Shortly. L.K.A.1916E, 943. 
 
 Where no specific time designated. 
 L.R.A.1916E, 944. 
 
 Miscellaneous. L.II.A.1916E, 944. 
 
 Where failure is due to delay in trans- 
 portation. L.R.A.1916E, 944. 
 
 § 67. Fraud. 
 
 What constitutes fraud, see Fbaud and De- 
 ceit, II. 
 
 Sale as a fraud upon creditors, see Fbaudtj- 
 LENT Conveyances. 
 
 False statement as to cost, selling, or 
 market price of property, or as to offers 
 therefor. L.E..A.1916F, 782. 
 
 § 68. Breach of warranty. 
 
 Eescission for breach of warranty as to 
 deeds. L.R.A.1916C, 1013. 
 
 SALE OR RETURir. 
 
 Title to goods which purchaser elects to 
 return for credit under contract of sale 
 or return. L.R.A.1916E, 1209. 
 
 ♦ «» 
 
 SALESMEN. 
 
 Traveling salesmen, see Commebcial Tbav- 
 
 ELEBS. 
 
 SALOONS. 
 
 As to sale of intoxicating liquor generally, 
 see Intoxicating Liquoes, IV. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of saloon as affected 
 by its territorial scope. L.E.A.19160, 
 630. 
 
 SALT. 
 
 Right to pump up water where the result is 
 to carry away another's mineral in 
 solution. 5 B. R. C. 254. 
 
 SAND. 
 
 Right to sand upon railroad right of way 
 as between company and fee owner. 45 
 
 L.R.A.(N.S.) 799. 
 
 SANITARIUM. 
 
 Liability of proprietor of private sanitarium 
 for negligence of nurse or attendant. 
 L.R.A.1915D, 334. 
 
 SANITARY DISTRICTS. 
 
 Incorporation of, into municipality as af- 
 fecting prior rights as to use of high- 
 way. 47 L.R.A.(N.S.) 610. 
 
 V^alidity of statutory provision for at- 
 torney's fee in actions against sanitary 
 district of Chicago. L.R.A.1915E, 948. 
 
 #« » 
 
 SANITY. 
 
 See Incompetent Peesons. 
 
 SATISFACTION. 
 
 Accord and satisfaction, see Accx)bd and 
 
 Satisfaction. 
 Of judgment, see Judgment, VI. 
 Failure of employee to give, see Master 
 
 AND Seevant, § 38. 
 Of condition in will, see Wlixs, § 88. 
 
 ♦ »» 
 
 SAVINGS BANKS. 
 
 See Banks, VII. 
 
 SCAFFOLD. 
 
 Master's liability for injury to servant by, 
 generally, see Mastee and Servant, § 
 84. 
 
 What constitutes "acaflolding" within mean- 
 ing of workmen's compensation act. 
 L.R.A.1916A, 198. 
 
 SCHEDULE TIME. 
 
 Liability to servant in charge of a train 
 or car as affected by his duty to keep 
 schedule time. L.R'.A.1916E, 268. 
 
 4 « » 
 
 SCHOOL DISTRICT. 
 
 See Schools, V. 
 
 ♦-»-♦ 
 
 SCHOOLHOUSE. 
 
 See Schools, §§ 29, 30. 
 
 ^« » 
 
 SCHOOL MONETY. 
 
 Begin with this 'book on every la'w question. 
 
 See Schools, § 38. 
 
INDEX TO NOTES. 
 
 531 
 
 SCHOOIiS. 
 
 T. In general, §§ 1, 2. 
 II. Government; control; attendance; 
 
 exclusion; tuition, §§ 3—11. 
 III. Teachers, §§ 12—33. 
 IT. Officers; elections, §§ 33—36. 
 V. Districts; property; schoolhouses ; 
 
 contracts ; liabilities ; indehted- 
 
 ness; taxes, §§ 27—35. 
 VI. Text-booTis; intitruction; school 
 
 money, §§ 3e—3S. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Charitable bequests for, see Chakities. 
 Constitutionality of statutes as to, see 
 
 Constitutional Law, § 96. 
 Sale of liquor within prohibited distance of, 
 
 see Intoxicating Liquors, § 27. 
 
 Who may petition in relation to school 
 matters. 43 L.E.A.(N.S.) 293. 
 
 Sale of books or other school supplies upon 
 school property or by persons connected 
 with schools. L.R.A.1915C, 624. 
 
 § Z. Transportation of pupils. 
 
 Who are within statutes or ordinances re- 
 quiring carriers to give reduced rates 
 to "pupils" or "school children." 43 
 L.E.A.(N.S.) 172. 
 
 II. Government; control; attendance; 
 exclusion; tuition. 
 
 § 3a. Compulsory education. 
 
 Expulsion or exclusion of child from school 
 as excuse or justification for non- 
 compliance with compulsory education 
 law. L.K.A.193.-JD, 223. 
 
 § 6. Residence of pupils. 
 
 What constitutes residence entitling child 
 to the privileges of public schools. 51 
 L.E.A.(N.S.) 234. 
 
 g 7. Discrimination against colored 
 children; separate schools. 
 
 Eight of Indian children to school privileges. 
 50 L.E.A.(KS.) 147. 
 
 Who is negro, mulatto or person of color 
 within school law not specifically de- 
 fining the same. L.E.A.1915A, 828. 
 
 § 8. Vaccination of pupils. 
 
 Exclusion of unvaccinated child from school 
 as excuse or justification for noncom- 
 pliance with compulsory education law. 
 L.R.A.1915D, 223. 
 
 § 9. Control of pupils; suspension. 
 
 Suspension as afi'ecting tuition, see infra, 
 
 § 11a. 
 Exclusion of unvaccinated child from school 
 
 as excuse or justification for non- 
 
 pliance with compulsory education 
 
 law. L.R.A.1915D, 223. 
 Torbidding student's afiiliation with secret 
 
 society. L.E.A.1915D, 588. 
 Consult also L.R.A. Digests to dat«. 
 
 SCHOOLS, n.— cont'd. 
 
 § lO. — outside of school grounds. 
 
 Eight of third person to complain of regu- 
 lations concerning conduct of students 
 by which he is injuriously affected. 51 
 L.R.A.(N.S.) 17. 
 
 § II. — right to exclude, suspend, or 
 expel pupils for misconduct of 
 themselves or parents. 
 
 Discretion of school authorities. 50 L.R.A. 
 
 (N.S.) 267. 
 For failure to participate in certain studies 
 
 and exercises. 50 L.R.A. (N.S.) 267. 
 Want of proficiency. 50 L.R.A. (N.S.) 268. 
 Controlling conduct of pupil after relation 
 
 of pupil and teacher has ceased. 50 
 
 L.R.A.(N.S.) 268. 
 Question concerning remedy. 50 L.R.A. 
 
 (N.S.) 269. 
 
 g 11a. Tuition. 
 
 Expulsion or withdrawal from school as 
 
 affecting tuition fee. 51 L.E.A. 
 
 (N.S.) 975. 
 
 Special contracts. 51 L.E.A.(N.S.) 978. 
 
 Effect of physical inability of pupil. 
 
 51 L.E.A.(N.S.) 979. 
 
 III. Teachers. 
 
 § 12. Generally. 
 
 Libel or slander by insinuation of miscon- 
 duct of teacher with pupils. 49 L.E.A. 
 (N.S.) 1033. 
 
 § 15. Appointment or employment 
 of. 
 
 Employment of teacher by school board 
 without formal meeting. L.E.A.1915F, 
 1047. 
 
 Marriage as ground for nonappointment of 
 teacher. L.R.A.1916C, 705. 
 
 §16. Discharge of. 
 
 Mandamus to compel the reinstatement of 
 a teacher. 49 L.R.A. (N.S.) 62. 
 
 Right of taxpayer to enjoin removal of 
 teacher. 51 L.E.A. (N.S.) 336. 
 
 Marriage as ground for dismissal of teacher. 
 L.R.A.1916C, 795. 
 
 § 19. Pensions. 
 
 Vested right in pension. 50 L.E.A. (N.S.) 
 1021. 
 
 IV. Officers; elections. 
 
 § 23. Generally. 
 
 Mandamus to, to compel the reinstatement 
 
 of a teacher. 49 L.R.A. (N.S.) 62. 
 Mandamus to compel issuance of diploma. 
 
 L.R.A.1916B, 616. 
 Applicability of statute of limitations to 
 
 actions by school authorities. L.R.A. 
 
 1916E, 98. 
 
 § 24. Rights and powers of officers. 
 
 Power of board to appoint officer or make 
 contract for term extending beyond its 
 own term. L.R.A.1915E, 581. 
 
 Power of school authorities to purchase 
 text-books. 45 L.R.A. (N.S.) 972. 
 
532 
 
 INDEX TO NOTES. 
 
 SCHOOLS, IV.— cont'd. 
 
 § 25. liability of officers. 
 
 Personal liability of school officers for fail- 
 ure to take bond, or for taking insuf- 
 ficient bond, from contractor, condi- 
 tioned for payment of claims of sub- 
 contractors, materialmen, and laborers. 
 49 L.E.A.(N.S.) 1200. 
 
 § 26. Meetings; elections. 
 
 Employment of teacher by school board 
 without formal meeting. L.R.A.1915F, 
 1047. 
 
 Parol evidence to vary or supplement min- 
 utes of meeting. 50 L.Il.A.(N.S.) 99. 
 
 Who may sign petition for election. 43 
 L.R.A.(N.S.) 293. 
 
 Right of women to vote at school elections. 
 L.R.A.1915B, 247. 
 
 V. Districts; property; schoolhouses ; 
 contracts ; liabilities ; indebtedness ; 
 taxes. 
 
 § 27. Districts generally; contracts. 
 
 Estoppel of, see Estoppel, I. 
 
 Parol evidence to vary or supplement rec- 
 ords of. 50 L.R.A.(N.S.) 99. 
 
 Ratification of unauthorized contract. 
 L.R.A.1915A, 1023. 
 
 § 28. — organization; boundaries. 
 
 Who may petition in relation to. 43 L.R.A. 
 (N.S.) 293. ■ 
 
 § 29. Property; schoolbouses. 
 
 Taxation of, see infra, § 35. 
 
 Sale of liquor within prohibited distance of, 
 
 see Intoxicating Liquobs, § 27. 
 Assessment for public improvements, see 
 
 Public Impkovements. 
 
 Power to exercise eminent domain for pur- 
 pose of school. 48 L.R.A.(N.S.) 485. 
 Taking school lands for other public uses. 
 
 48 L.R.A.(N.S.) 489. 
 Reverter of land conveyed for school pur- 
 poses. 44 L.R.A.(N.S.) 1220. 
 Police power of municipal corporation over 
 school building within its limits. 47 
 L.R.A.(N.S.) 892. 
 Statutory restrictions as to site of school 
 buildings. 43 L.R.A. (N.S.) 1024. 
 Near center of school district. 43 
 
 L.R.A.(N.S.) 1024. 
 Proximity to another school. 43 L.R.A. 
 
 (N.S.) 1024. 
 Proximity to residence. 43 L.R.A. 
 
 (N.S.) 1024. 
 Location along a highway. 43 L.R.A. 
 (N.S.) 1024. 
 Power of state or municipality to forbid 
 location of places of amusement near. 
 L.R.A.1916D, 99. 
 
 SCHOOLS, v.— cont'd. 
 § 31. Liabilities. 
 
 Liability of school district or school cor- 
 poration for tort. 49 L.R.A.(N.S.) 
 1026. 
 
 Liability for negligence. 49 L.R.A. 
 (N.S.) 1026. 
 
 Infringement of patent. 49 L.R.A. 
 (N.S.) 1031. 
 
 Nuisance. 49 L.R.A. (N.S.) 1032. 
 
 Trespass. 49 L.R.A. (N.S.) 1032. 
 
 Conversion. 49 L.E.A.(N.S.) 1032. 
 
 § 35. Taxes. 
 
 Exemption of property from local assess- 
 ments, see Public Impeovements, § 23. 
 
 Exemption from taxation, see Taxes, §§ 
 24-26. 
 
 TI. Text-booTcs; instruction; 
 money. 
 
 school 
 
 § 30. — nse of. 
 
 Use of public school property for other than 
 
 school purposes. 50 L.R.A. (N.S.) 1182. 
 Sale of books or other school supplies upon Sale of, upon soho-ol property or by per- 
 
 sehool property or by persons connected , sons connected with schools. L.R.A. 
 
 with schools. L.R.A.1915C, 624. 1915C, 624. 
 
 Begin with this booTc on every law question. 
 
 § 36. Adoption of text-books for 
 public schools. 
 
 Power of school authorities to purchase 
 text-books. 45 L.R.A. (N.S.) 972. 
 
 § 36a. Subjects of instruction gener- 
 ally. 
 
 Power of legislature to prescribe subjects 
 to be taught in public schools. 47 
 L.R.A.(N.S.) 200. 
 Power to prescribe. 47 L.R.A. (N.S.) 
 
 201. 
 Subjects that may be prescribed. 47 
 L.R.A.(N.S.) 202. 
 Agriculture and home economics. 
 
 47 L.E.A.(N.S.) 202. 
 Bookkeeping. 47 L.R.A.(N.S.) 
 
 202. 
 Debates and compositions. 47 
 
 L.R.A.(N.S.) 202. 
 Kindergarten. 47 L.R.A.(N.S.) 
 
 203. 
 Laflguages. 47 L.R.A.(N.S.) 203. 
 Music. 47 L.R.A.(N.S.) 203. 
 Statutory power of local authorities to 
 maintain teachers' training department 
 in school. 52 L.R.A. (N.S.) 163. 
 
 § 37. Religious instruction 
 
 Religious exercises or instructions in public 
 schools. L.R.A.1915D, 941. 
 
 § 38. School moneys. 
 
 Constitutionality of statute providing for 
 transportation of pupils at public ex- 
 pense. 50 L.R.A.(N.S.) 428. 
 
 SCHOOL STTFFLIES 
 
INDEX TO NOTES. 
 
 533 
 
 SCIENCE. 
 
 Power of court to disregard testimony be- 
 cause contrary to scientific principles. 
 L.R.A.1916D, 301. 
 
 SCIENTER. 
 
 See Animals, II. d. 
 
 SCIRE FACIAS. 
 
 Of judgment, see Judgment, VII. a. 
 
 Scire facias to fix amount of mechanics' 
 lien after judicial sale of property un- 
 der prior or contemporaneous lien. 47 
 I-,.R.A.(N.S.) 707. 
 
 When may local venue be disregarded upon 
 the ground that the proceedings is an- 
 cillary or incidental, in case of scire 
 facias against bail. L.R.A.1916D, 1135. 
 
 Eight of garnishee on scire facias upon 
 judgment against him to attack judg- 
 ment against principal defendant for 
 lack of jurisdiction. 51 L.R.A. (N.S.) 
 900. 
 
 SCOPE OF EMPLOYMENT. 
 
 Master's liability for acts of servant out- 
 side of, see Master and Servant, IV. 
 a, 2. 
 
 SCREENS. 
 
 § 1. Generally. 
 
 In saloons, see Intoxicating Liquors, § 7. 
 
 SEAL. 
 
 § 1. Generally. 
 
 Seal of will as a signing. L.E.A.1915D, 906. 
 
 >fecessity of seal on transfer of reversion of 
 leased premises. L.R.A.1915C, 198. 
 
 Necessity for seal on lease to enable trans- 
 feree of reversion to sue on covenants 
 therein. L.R.A.1915C, 215. 
 
 Effect of aflSxing corporate seal to contract 
 to estop public corporation to deny 
 validity of contract. L.R.A.1915A, 
 1007. 
 
 Effect of seal on necessity of new considera- 
 tion to bind third person who signs as 
 surety, indorser, or guarantor after 
 execution and delivery of original con- 
 tract by principal. 44 L.R.A.(N.S.) 
 481. 
 Consult also L.B.A. Digests to date. 
 
 SEALS. 
 
 Forfeiture of personal property used in 
 violation of regulations as to catching 
 Beals. L.R.A.1916F, 917. 
 
 SEAMEN. 
 
 § 1. Generally 
 
 Soldiers' and seamen's wills. 
 899. 
 
 4 B. E. C. 
 
 § 2. Wages; compensation. 
 
 Effect of forfeiture of ship used in violation 
 of law on liens of seamen. L.E.A. 
 1916E, 347. 
 
 § 3. Injury to. 
 
 Application to seamen of workmen's com- 
 pensation acts. L.R.A.1916A, 103, 
 111, 120. 
 
 SEARCH AND SEIZURE. 
 
 As to search of title, see Abstbacts. 
 Seizure under execution or attachment, see 
 Levy and Seizube. 
 
 Damages recoverable for wrongful search. 
 50 L.R.A.(N.S.) 1151. 
 
 Admissibility in evidence against defend- 
 ant of documents or articles taken from 
 him. L.R.A.1916E, 715. 
 
 Eight of officer in executing criminal process 
 to take possession of evidentiary ar- 
 ticles. L.R.A.1916C, 1017. 
 
 Eight to seize for purposes of evidence prop- 
 erty of one person under a warrant 
 of arrest against another. L.R.A. 
 1915E, 399. 
 
 Power to seize gambling devices in absence 
 of charge of violation of laws against 
 gambling. L.R.A.1915A, 233. 
 
 Trial of right to property in proceedings 
 instituted by search warrant. 46 
 L.R.A.(N.S.) 970. 
 
 Liability of officer executing invalid search 
 warrant. 49 L.R.A. (N.S.) 770. 
 Warrant valid on its face. 49 L.E.A. 
 
 (N.S.) 770. 
 Warrant invalid on its face. 49 L.R.A. 
 (N.S.) 772. 
 
 SEASHORE. 
 
 Effect of bounding land by "seashore." 4 
 B. E. C. 745. 
 
 SEAT. 
 
 Right of passenger to, see Carriers, § 41. 
 
S34 
 
 INDEX TO NOTES. 
 
 SECESSION. 
 
 Right to property of local branch of benefit 
 society in event of secession or at- 
 tempted secession. 47 L.K.A. (N.S.) 
 927. 
 
 « » » 
 
 SECONDARY EVIDENCE. 
 
 See Evidence, IV. 
 
 »» » 
 
 SECOND-HAND GOODS. 
 
 As to junk dealers, see Jtjnk. 
 Warraiyty upon sale of. L.II.A.1915B, 477. 
 
 SECOND OFFENSE. 
 
 Increased punishment for, see Cbiminal 
 Law, § 83. 
 
 SECRET ADVANTAGE. 
 
 Effect of secret advantage to one of several 
 joint purchasers. 43 L.R.A.(N.S.) 934. 
 
 SECRETARY OF INTERIOR. 
 
 Power of courts to enforce ministerial duties 
 of. 52 L.E.A.(N.S.) 435. 
 
 SECRETARY OF NAVY. 
 
 Power of courts to enforce ministerial 
 duties of. 52 L.R.A.(N.S.) 436. 
 
 SECRETARY OF STATE. 
 
 Power of court to enforce ministerial duties 
 of. 52 L.R.A.(N.S.) 435, 436. 
 
 SECRETARY OF TREASURY. 
 
 Power of courts to enforce ministerial 
 duties of. 52 L.R.A.(N.S.) 436,441. 
 
 SECRETARY OF W^AR. 
 
 Power of courts to enforce ministerial 
 duties of. 52 L.E.A.(N.S.) 436. 
 
 SECRET BONUS. 
 
 Liability of one party to a contract or 
 transaction to the other because of 
 bonus allowed by the former to the 
 latter's agent. 49 L.R.A.(N.S.) 101. 
 
 SECRET PROCESS. 
 
 Validity of contract to control price of re- 
 sale of goods produced by secret proc- 
 ess. 61 L.R.A.(N.S.) 522.- 
 
 SECRET PROFITS. 
 
 Duty of municipal officer to account for 
 profits made in transaction with 
 municipality. 48 L.R.A.(N.S.) 842. 
 
 Eflfect of secret advantage to one member 
 of joint adventure. 50 L.R.A. (N.S.) 
 1046. 
 
 Liability of one party to a contract or 
 transaction to the other because of a 
 bonus or commission allowed by the for- 
 mer to the latter's agent. 49 L.R.A. 
 (N.S.) 101. 
 
 Right of broker held to account for secret 
 profit to retain commission. 5 B. R. C. 
 188. 
 
 SECRETS. 
 
 Secret process, see Seoeet Pbooess. 
 Secret profits, see Sbcbet Profits. 
 
 Protection of trade secrets. 44 L.R.A, 
 (N.S.) 1160. 
 
 SECRET SOCIETIES. 
 
 Forbidding student's affiliation with. L.R.A. 
 1915D, 588. 
 
 SECTION HANDS. 
 
 As fellow servants. 52 L.R.A. (N.S.) 1101. 
 < ■ » 
 
 SECURITIES. 
 
 Power and duty of public authorities to 
 control the issuance of securities by 
 public service corporations. 45 L.R.A. 
 (N.S.) 629. 
 
 SECURITY. 
 
 On appeal, see Appeal a^d Eeeoe, §§ 16, 46, 
 
 As to bonds, see Bonds. 
 
 Collateral security, see Pledge and Collat- 
 
 EBAL SECTJEITT. 
 
 Begin with this TtooTc on every law question. 
 
INDEX TO NOTES. 
 
 635 
 
 SEDUCTION. 
 
 I. In general, § 1. 
 II. Civil liability, g§ 2—5. 
 III. Criminal liahility, §§ e, 7. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Presumption and burden of proof as to 
 chastity, see Evidence, § 25. 
 
 Right of action for, as asset in bankruptcy. 
 43 L.K.A.(N.S.) 942. 
 
 //. Civil liahility. 
 
 § 2. Generally. 
 
 Measure of damages for, see Damages, § 
 50a. 
 
 Promise of marriage conditioned on preg- 
 nancy. 51 L.R.A.(N.S.) 809. 
 
 Seduction of divorced woman or widow. 
 L.E^.1916D, 458. 
 
 § 3. Who may sne for. 
 
 Right to maintain action for seduction of 
 fiancee. 50 L.R.A.(N.S.) 142. 
 
 III. Criminal liability. 
 
 % 6. Generally. 
 
 Former jeopardy in case of. L.R.A.1915A, 
 
 256. 
 Competency of wife as witness in prosecu- 
 tion of husband 'for her seduction prior 
 to marriage. 45 L.R.A.(N.S.) 396. 
 Evidence of specific instances of unchastity 
 
 of alleged victim. L.R.A.1916B, 967. 
 Letters identified only by prosecutrix as 
 corroboration of her testimony to prove 
 seduction. 49 L.R.A.(N.S.) 1198. 
 Promise of marriage conditioned on preg- 
 nancy. 51 L.R.A.(N.S.) 809. 
 Under statutes making promise of mar- 
 riage essential element of 
 crime. 51 L.R.A.(N.S.) 809. 
 Conditional promise in general. 51 
 
 L.R.A.(N.S.) 809. 
 
 Conditional promise together with 
 
 prior absolute promise. 51 
 
 L.E.A.(N.S.) 810. 
 
 Under statutes not making promise of 
 
 marriage essential element of 
 
 crime. 51 L.R.A.(N.S.) 810. 
 
 Conditional promise in general. 51 
 
 L.R.A.(N.S.) 810. 
 Conditional promise together with 
 prior absolute promise. 51 
 L.E.A.(N.S.) 811. 
 
 SEEDS. 
 
 Warranty on sale of, see Sale, § 36. 
 
 Consult also L.R.A. Digests to date. 
 
 SEGREGATION. 
 
 Of white and colored passengers, see Cab- 
 KIEES, § 43. 
 
 Validity of segregation statute or ordinance 
 prohibiting persons of different race or 
 color from living in same locality. 47 
 L.R.A.(N.S.) 1087; L.R.A.1915D, 684. 
 
 SEISIN. 
 
 Covenant of, see Covenants, III. c. 
 
 ♦ »» 
 
 SEIZURE. 
 
 See Levy and Seizube; Search and Sejz- 
 
 UBE. 
 
 SELECTION. 
 
 Of exempt property, see Exemptions, § 2a. 
 Of jury, see Jury, III. 
 Master's duty as to selection of servants, 
 see Master and Servant, III. a, 7. 
 Of oflaoers, see Officers, II, 
 
 SELF-CRIMINATION. 
 
 See Criminal Law, § 40. 
 
 < ■ » 
 
 SELF-DEFENSE. 
 
 See AssATiLT, § 4a; Homicide, IV. 6. 
 
 •-•-♦ 
 
 SELF-GOVERNMENT. 
 
 See Constitutional Law, § 21. 
 ♦« » 
 
 SELF-INCRIMINATION. 
 
 See Criminal Law, § 49. 
 » »» 
 SELLING PRICE. 
 
 False statement as to selling price of prop- 
 erty. L.R.A.1916F, 782. 
 
 SENATORIAL DISTRICTS. 
 
 Effect of ordinance of 1787 upon apportion- 
 ment of state into senatorial and as- 
 sembly districts. 52 L.R.A.(N.S.) 311. 
 
536 
 
 INDEX TO KOTES. 
 
 SENILE DEMENTIA. 
 
 As affecting testamentary capacity. L.R~A. 
 1915A, 462. 
 
 SENILITT. 
 
 As defense to prosecution for rape or as- 
 sault with intent to commit rape. 
 L.R.A.1915B, 131. 
 
 SENTENCE. 
 For crime, see Criminal Law, VT. 
 
 ♦-*-• 
 
 SEPABATE COACH IjAW. 
 See Carbiebs, § 43. 
 
 ♦-•-♦ 
 
 SEPARATE MAINTENANCE. 
 Suit for, see Divorce and Sepaeation, § 41, 
 
 « ■ » 
 
 SEPABATE PROPERTY. 
 See Husband and Wife, IV. d. 
 
 • ♦ »» ' 
 
 SEPARATE SCHOOLS. 
 See Schools, § 7. 
 
 < » » 
 
 SEPARATION. 
 
 Of passengers, see Cakbiees, § 43. 
 Of husband and wife, see Divoece and Sep- 
 aeation. 
 
 SEQUESTRATION. 
 
 Filing bond to secure release of property as 
 an appearance. L.E,.A.1916F, 587. 
 
 SERIAL PUBLICATION. 
 
 Sale of, effect of discontinuance of series. 
 45 L.R.A.{N.S.) 203. 
 
 SERVICE. 
 
 SEBVICES. 
 
 See WoBK and Labob. 
 « ■ > 
 
 SEBVITUDE. 
 
 In land, see Easements. 
 Additional survitude on highway, see Emi- 
 nent Domain, V. 
 
 SET HAMMEB. 
 
 Master's liability for injury by defects in. 
 51 L.R.A.(N.S.) 338. 
 
 Of process, see Weit and Peocess, IL 
 
 Begin witli this boolc on every law question 
 
 SET-OFF AND COUNTEBCLAIM. 
 
 /. In general, §§ 1—3. 
 II. Of and against what demattds, §§ 
 4^31. 
 a. In general, §§ 4^9. 
 6. EguitaMe set-offs, §§ 10—12. 
 
 d. Of or against assigned claims, 
 
 §§ 14, 15. 
 
 e. Effect of insolvency, §§ 16— 
 
 21. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Against distributive _ share of decedent's 
 estate, see Exeoutoes akd Adminis- 
 
 TEATOBS, § 49. 
 
 Eight to open default judgment to let in 
 defense of. L.R.A.1916F, 858. 
 
 Eight of receiver to talce property from 
 possession of one claiming set-off. 47 
 L.R.A.(N.S.) 753. 
 
 II. Of and against what demands, 
 a. In general. 
 
 § 4:. Generally. 
 
 Of claim against decedent's estate, see Ex- 
 
 ECUTOBS AND AdMINISTEATOES, § 38. 
 
 Against distributive share of decedent's 
 estate, see Executors and Adminis- 
 
 TEATOBS, § 49. 
 
 Set offs against weekly payments provided 
 by workmen's compensation acts, L.R.A. 
 1916A, 174. 
 
 § 6. Mntnality of claims. 
 
 Availability of set-off to surety, see Pbin- 
 ciPAL and Sueett, § 26. 
 
 Eight of surety or principal to avail him- 
 self of claim of latter against plaintiff 
 as defense or counterclaim. 43 L.R.A. 
 (N.S.) 977. 
 
 Right of defendant in action by undis- 
 closed principal to avail himself of set 
 off against agent. L.E.A.1916A, 1214. 
 
INDEX TO NOTES. 
 
 537 
 
 SET-OPF AND COUNTERCLAIM, II. a— 
 
 cont'd 
 § 8. Claims by or against banks. 
 
 In case of insolvency of bank, see infra, 
 
 § 19a. 
 In case of insolvency of depositor, see infra. 
 
 § 19b. 
 
 Acceptance of depositor's cheek by bank for 
 obligation due it, as affecting bank's 
 right to set off obligation against de- 
 posit. L.E.A.1916A, 685. 
 
 § 8a. — nnmatnred claims. 
 
 Kight of bank to set off unmatured claim 
 against deposit of debtor. 46 L.E.A. 
 (N.S.) 1059. 
 
 b. Equitable set-offs. 
 
 § 10. Generally. 
 
 Right of surety or principal to avail him- 
 self in equity of claim of latter 
 against plaintiff as a defense or count- 
 erclaim. 43 L.R.A.(N.S.) 979. 
 
 § 11. In case of assignment. 
 
 Right of surety or indorser to equitable set- 
 off of obligation as against assignee of 
 a debt due from him to the principal. 
 46 L.R.A.(N.S.) 65. 
 
 § 12. In case of insolvency. 
 
 Insolvency as entitling surety to equitable 
 set-off of obligation as against assignee 
 of a debt due from him to principal. 
 46 L.R.A.(N.S.) 65. 
 
 d. Of or against assigned claims. 
 
 § 14. Generally. 
 
 Equitable set-off', see supra, § 11. 
 
 Right of surety or indorser to offset obli- 
 gation as against assignee of a 
 debt due from him to the princi- 
 pal. 46 L.R.A.{N.S.) 62. 
 At law. 46 L.R.A.(N.S.) 63. 
 
 Where surety discharges liability 
 after commencement of suit on 
 assigned claim. 46 L.R.A. 
 (N.S.) 63. 
 Where liability of surety remains 
 undischarged. 46 L.R.A. 
 (N.S.) 64. 
 Effect of express agreement for set-off. 
 
 46 L.R.A.(N.S.) 64. 
 Insolvency as entitling surety to offset 
 
 at law. 46 L.R.A.(N.S.) 64. 
 Insolvency as entitling surety to equi- 
 table offset. 46 L.R.A.(N.S.) 65. 
 Eraud as entitling surety to equitable 
 offset. 46 L.R.A.(N.S.) 65. 
 
 § 14a. Claims arising ont of same 
 transaction or connected i^itb 
 same subject matter. 
 
 When may claim upon which counter- 
 claim is based be deemed to have 
 arisen out of the contract or trans- 
 action upon which plaintiff's claim 
 is founded, or to be connected Avith 
 the subject of plaintiff's action. 
 L.R.A.1916C, 445. 
 Consult also L.E.A. Digests to date. 
 
 SET-OFF AND COUNTERCLAIM, II. d— 
 confd. 
 
 When claim may be deemed to have 
 arisen out of the contract sued 
 upon. L.R.A.1916C, 447. 
 
 In actions to recover purchase 
 price. L.R.A.1916C, 447. 
 
 In actions to recover for services. 
 L.R.A.1916C, 448. 
 
 In actions on negotiable instru- 
 ments. L.R.A.1916C, 449. 
 
 In actions for rent. L.R.A.1916C, 
 449. 
 
 In actions for breach of contract. 
 L.R.A.1916C, 449. 
 
 In enforcement of liens and fore- 
 closure. L.R.A.1916C, 450. 
 
 In reformation. L.R.A.1916C, 450. 
 
 In accounting. L.R.A.1916C, 450. 
 
 In cancelation. L.R.A.19ieC, 450. 
 
 In injunction. L.R.A.1916C, 4Sl. 
 
 In specific performance. L.R.A. 
 1916C, 451. 
 
 In actions to quiet title. L.R.A. 
 1916C, 451. 
 
 In ejectment. L.R.A.1916C, 451. 
 
 In trespass to realty. L.R.A. 
 1916C, 451. 
 
 In conversion. L.E.A.1916C, 452. 
 
 In replevin. L.R.A.1916C, 453. 
 
 In libel and slander. L.R.A.1916C, 
 453. 
 
 In miscellaneous actions. L.R.A. 
 10160, 454. 
 "Arising out of." L.R.A.1916C, 455. 
 "Transaction." L.R.A.1916C, 455. 
 
 In actions to recover purchase 
 price. L.R.A.1916C, 456. 
 
 In actions for services. L.R.A. 
 1916C, 456. 
 
 In actions on negotiable instru- 
 ments. L.R.A.1916C, 456. 
 
 In cancelation. L.R.A.] 9160, 456. 
 
 In injunction. L.R.A.1916C, 456. 
 
 In actions to quiet title. L.R.A. 
 1916C, 456. 
 
 In trespass to realty. L.R.A. 
 19160, 456. 
 
 In conversion. L.R.A.1916C, 457. 
 
 In replevin. L.R.A.1916C, 457. 
 
 In false imprisonment. L.R.A. 
 1916C, 4.57. 
 
 In negligence. L.R.A.1916C, 458. 
 
 In fraud. L.R.A.1916C, 458. 
 
 In actions for dower. L.R.A.1916C, 
 458. 
 
 In miscellaneous actions. L.R..\. 
 
 1916C, 458. 
 
 When claim may be deemed to have 
 
 arisen out of the transaction 
 
 sued upon. L.R.A.19160, 458. 
 
 In actions to recover purchase 
 price. L.R.A.1916C, 458. 
 
 In actions to recover for services. 
 L.R.A.1916C, 459. 
 
 In actions on negotiable instru- 
 ments. L.R.A.1916C, 549. 
 
 In actions for rent. L.R.A.1016C, 
 460. 
 
 In actions for breach of contract. 
 L.R.A.1916C, 460. 
 
 In enforcement of liens and fore- 
 closure. L.R.A.1916C, 460. 
 
538 
 
 INDEX TO NOTES. 
 
 SET-OFF ANB COUNTERCLAIM, II. d— 
 eont'd. 
 
 In reformation. L.E.A.1916C, 461. 
 In accounting. L.R.A.1916C, 461. 
 
 In cancelation. L.R.A.1916C, 461. 
 
 In injunction. L.R.A.1916C, 461. 
 
 In specific performance. L.R.A. 
 1916C, 462. 
 
 In actions to quiet title. L.R.A. 
 1916C, 462. 
 
 In ejectment. L.R.A.1916C, 462. 
 
 In trespass to realty. L.R.A. 
 1916C, 463. 
 
 In conversion. L.E.A.1916C, 463. 
 
 In replevin. L.E.A.1916C, 465. 
 
 In libel and slander. L.R.A.1916C, 
 466. 
 
 In false imprisonment and ma- 
 licious prosecution. L.R.A. 
 1916C, 466. 
 
 In assault and battery. L.R.A. 
 1916C, 467. 
 
 In fraud. L.E.A.1916C, 467. 
 
 In negligence. L.R.A.1916C, 468. 
 
 In trespass to personalty. L.R.A. 
 191CC, 468. 
 
 In detiuue. L.R.A.1916C, 468. 
 
 In actions for dower. L.R.A. 
 1916C, 468. 
 
 In partition. L.R.A.1916C, 468. 
 
 In divorce and separation. L.R.A. 
 1916C, 469. 
 
 In miscellaneous actions. L.R.A. 
 191CC, 469. 
 "Connected with." L.R.A.1916C, 471. 
 "Subject of the action." L.E.A.1916C, 
 471. 
 
 In actions to recover purchase 
 price. L.R.A.1916C, 473. 
 
 In actions to recover for services. 
 L.R.A.1916C, 473. 
 In enforcement of liens and foreclosure. 
 L.R.A.1916C, 473. 
 
 In reformation. L.R.A.1916C, 473. 
 
 In cancelation. L.R.A.1916C, 473. 
 
 In injunction. L.R.A.1916C, 473. 
 
 In actions to quiet title. L.R.A. 
 1916C, 474. 
 
 In ejectment. L.R.A.1916C, 474. 
 
 In trespass to realty. L.R.A. 
 19160, 474. 
 
 In conversion. L.R.A.1916C, 474. 
 
 In replevin. L.R.A.1916C, 475. 
 
 In false imprisonment and ma- 
 licious prosecution. L.R.A. 
 1916C, 475. 
 
 In assault and battery. L.R.A. 
 1916C, 475. 
 
 In fraud. L.R.A.1916C, 475. 
 
 In divorce and separation. L.R.A. 
 1916C, 476. 
 
 In miscellaneous actions. L.R.A. 
 1916C, 476. 
 When claim may be deemed to be con- 
 nected with the subject of the 
 action. L.R.A.1916C, 476. 
 
 In actions to recover purchase 
 price. L.R.A.1916C, 476. 
 
 In actions to recover for services. 
 L.R.A.1916C, 477. 
 
 In actions on negotiable instru- 
 ments. L.E.A.1916C, 477. 
 Begin with this hoolc on every UmA> g-uestion 
 
 SET-OFF AND COUNTERCLAIM, II. d— 
 cont'd. 
 
 In actions for rent. L.R.A.1916C, 
 477. 
 
 In actions for breach of contract. 
 L.R.A.1916C, 477. 
 
 In enforcement of liens and fore- 
 closure. L.R.A.1916C, 477. 
 
 In reformation. L.R.A.a916C, 478. 
 
 In accounting. L.R.A.1916C, 478. 
 
 In cancelation. L.R.A.1916C, 478. 
 
 In injunction. L.R.A.1916C, 479. 
 
 In specific performance. If.R.A. 
 1916C, 480. 
 
 In actions to quiet title. L.R.A. 
 19160, 480. 
 
 In ejectment. L.R.A.1916C, 480. 
 
 In trespass to realty. L.R.A. 
 1916C, 480. 
 
 In conversion. L.R.A.1916C, 481. 
 
 In replevin. L.R.A.1916C, 482. 
 
 In libel and slander. L.R.A.1916C, 
 483. 
 
 In false imprisonment and ma- 
 licious prosecution. L.R.A. 
 1916C, 484. 
 
 In assault and battery. L.R.A. 
 1916C, 484. 
 
 In fraud. L.R.A.1916C, 484. 
 
 In negligence. L.R.A.1916C, 484. 
 
 In trespass to personalty. L.R.A. 
 1916C, 484. 
 
 In detinue. L.R.A.1916C, 484. 
 
 In 
 
 dower. L.R.A. 
 
 484. 
 L.R.A. 
 
 L.K.A. 
 
 actions for 
 1916C, 484. 
 
 In partition. L.R.A.1916C, 
 
 In divorce and separation. 
 19ieC, 484. 
 
 In miscellaneous actions. 
 1916C, 485. 
 Indiana cases. L.R.A.1916C, 486. 
 
 In actions to recover purchase 
 price. L.R.A.1916C, 486. 
 
 In actions to recover for services. 
 L.R.A.1916C, 486. 
 
 In actions on negotiable instru- 
 ments. L.E.A.1916C, 486. 
 
 In enforcement of liens and fore- 
 closure. L.R.A.1916C, 486. 
 
 In cancelation. L.R.A.1916C, 487. 
 
 In actions to quiet title. L.R.A. 
 1916C, 487. 
 
 In ejectment. L.R.A.1916C, 487. 
 
 In trespass to realtv- L.R.A.1916C, 
 487. 
 
 In conversion. L.R.A.1916C, 487. 
 
 In replevin. L.R.A.1916C, 488. 
 
 In fraud. L.R.A.1916C, 488. 
 
 In negligence. L.R.A.1916C, 488. 
 Texas cases. L.R.A.1916C, 488. 
 
 In actions to recover purchase 
 price. L.R.A.1«16C, 488. 
 actions to recover for services. 
 L.R.A.1916C, 489. 
 actions on negotiable instru- 
 ments. L.R.A.1916C, 489. 
 conversion. L.R.A.1916C, 489. 
 
 In replevin. L.R.A.1916C, 489. 
 
 In assault and battery. L.R.A. 
 1916C, 489. 
 
 In negligence. L.R.A.1916C, 
 
 In miscellaneous actions. 
 19ieC, 489. 
 
 In 
 In 
 In 
 
 489. 
 L.R.A. 
 
INDEX TO NOTKS. 
 
 639 
 
 SET-OFF AND COUNTERCLAIM, II. d— 
 
 cont'd. 
 '% 14b. Counterclaims in tort in ac- 
 tions on contract. 
 
 General rule. L.R.A.19i6C, 497. 
 
 When claim may be deemed to have arisen 
 
 out of the contract sued upon. 
 
 L.E.A.1916C, 498. 
 In actions to recover purchase price. 
 
 L.R.A.1916C, 499, 
 In actions to recover for services. 
 
 L.R.A.1910C, 499. 
 In actions on negotiable instruments. 
 
 L.R.A.1916C, 500. 
 In actions for rent. D.R.A.1916C, 500. 
 In enforcement of liens and foreclosure. 
 
 L.R.A.1916C, 502. 
 In actions on bonds. L.R.A.1916C, 
 
 502. 
 In miscellaneous actions. L.R.A.1916C, 
 
 502. 
 "Arising out of." L.E.A.1916C, 504. 
 "Transaction." L.R.A.191CC, 504. 
 When claim may be deemed to have arisen 
 
 out of the transaction sued upon. 
 
 L.II.A.1916C, 504. 
 In actions to recover purchase price. 
 
 L.R.A.1916C, 504. 
 In actions to recover for services. 
 
 L.R.A.1916C, 505. 
 In actions- on negotiable instruments. 
 
 L.R.A.1916.C, 505. 
 In actions for rent. L.R.A.1916C, 506. 
 In enforcement of liens and foreclosure. 
 
 L.R.A.1916C, 506. 
 In actions on bonds. L.R.A.1916C, 
 
 507. 
 In miscellaneous actions. L.R.A.1916C, 
 
 508. 
 "Connected with." L.R.A.191GC, 509. 
 "Subject of the action." L.R.A.1916C, 509. 
 In actions to recover purchase price. 
 
 L.R.A.191GC, 509. 
 In actions to recover for services. 
 
 L.E.A.1916C, 509. 
 In actions on negotiable instruments. 
 
 L.R.A.1916C, 509. 
 In actions for rent. L.R.A.1916C, 509. 
 In enforcement of liens and foreclosure. 
 
 L.R.A.1916C, 509. 
 In actions on bonds. L.R.A.1916C, 509. 
 In miscellaneous actions. L.R.A.1916C, 
 
 510. 
 When claim may be deemed to be connected 
 
 with the subject of the action. 
 
 L.R.A.1916C, 510. 
 In actions to recover purchase price. 
 
 L.R.A.1916C, 510. 
 In actions to recover for services. 
 
 L.R.A.1916C, 510. 
 In actions on negotiable instruments. 
 
 L.R.A.1916C, 511. 
 In actions for rent. L.R.A.1916C, 511. 
 In enforcement of liens and foreclosure. 
 
 L.R.A.1916C, 512. 
 In actions on bonds. L.R.A.1916C, 512. 
 In miscellaneous actions. L.R.A.1916C, 
 
 512. 
 Indiana cases. L.R.A.1916C, 512. 
 Texas eases. L.R.A.1916C, 513. 
 English and Canadian cases. L.R.A.1916C, 
 514. 
 Consult also L.B.A. Digests to date. 
 
 SET-OFF AND COUNTEECLAIM, II.— 
 cont'd. 
 
 e. Effect of insolvency, 
 
 § 16. Generally. 
 
 Equitable set-off, see supra, § 12. 
 
 Right of surety or person secondarily liable 
 to set off his individual claim against 
 insolvent creditor where the principal 
 is solvent. 50 L.R.A.(N.S.) 167. 
 
 § 19. Effect of immaturity of claim 
 at time insolvency occurs. 
 
 Right of bank to set off unmatured claim 
 against deposit of debtor. 46 L.R.A. 
 (N.S.) 1059. 
 
 § 19a. By or against insolvent bank. 
 
 Right of bank to set-off unmatured claim 
 against deposit of debtor. 46 L.R.A. 
 (N.S.) 1059. 
 
 § 19b. Set-off in case of insolvency 
 of depositor. 
 
 Acceptance of depositor's check by bank for 
 obligation due it as affecting bank's 
 right to set off obligation against de- 
 positor in case of insolvency. L.R.A. 
 1916A, 685. 
 
 § 20. Assigned claims. 
 
 Effect of insolvency on right of surety or 
 indorser to offset obligation as against 
 assignee of a debt due from him to 
 principal. 46 L.R.A. (N.S.) 64. 
 
 SETTING ASIDE. 
 
 Of judgment, see Judgment, VIII. 
 Of verdict, see New Trial. 
 Of release, see Release, § 6. 
 
 » « » 
 
 SETTLES Accoimrs. 
 
 See Accounts, § 2. 
 
 SETTLEMENT. 
 
 By way of compromise, see Compromise and 
 
 Settlement. 
 Of guardian's accounts, see Guardian and 
 
 Ward, § 10a. 
 
 SEVERABILITY. 
 
 Of contract, see Contracts, § 62. 
 
 Of insurance, see Insurance, §§ 61, 62. 
 
540 
 
 INDEX TO NOTES. 
 
 SEWAGE. 
 
 Municipal liability for injury by, see Mtj- 
 
 NiciPiii, C0EPORA.T10NS, §§ 86, 87, 89. 
 Pollution of stream by, see MuinciFAL COB- 
 
 FOBATIQNS, § SQ. 
 
 4 « » 
 
 SEWERS. 
 
 Dbains akd Sewebs. 
 
 SEXUAL CRIMES. 
 
 Measure of damages for, see Damages, 
 
 in. g. 
 
 Competency of husband and wife as witness- 
 es, see Witnesses, §§ 17-21. 
 
 See also Adultery; Foenication; Incest; 
 Lewdness; Prostittjtion ; Kape;' Se- 
 duction; Sodomy. 
 
 Evidence of other crimes in prosecution for 
 
 committing. 48 L.R.A.(N.S.) 236. 
 Evidence of specific instances of unchastlty 
 
 of alleged victim of sexual offense. 
 
 L.R.A.1916B, 965. 
 Former jeopardy in ease of. L.E..A.1915A, 
 
 256. 
 Acquittal of one of the parties to, as a bar 
 
 to prosecution of the other. 49 L.R.A. 
 
 (N.S.) 479. 
 Eight of court to exclude public from court 
 
 room on prosecution for. 44 L.E.A. 
 
 (N.S.) 583. 
 Presumptions and burden of proof as to 
 
 chastity where it is an Ingredient of 
 
 the offense or a condition of conviction. 
 
 43 L.R.A.(N.S.) 476. 
 Age of alleged accomplice in sexual offense 
 
 as affecting necessity of corroboration 
 
 of testimony. L.E.A.1915E, 1222. 
 lUieit cohabitation as a criminal offense. 
 
 L.R.A.1916C, 653. 
 
 SEXUAL IMMORALITY. 
 
 Actionability of words charging, see liiBM, 
 and Slander, § 12. 
 
 « I » 
 
 SEXUAL OFFENSES. 
 
 See Sexual Crimes. 
 
 SHADOW^ING. 
 
 Liability for "shadowing" 
 L.R.A.(N.S.) 520. 
 
 person. 
 
 43 
 
 SHAM MARRIAGE. 
 
 Intercourse secured through, as rape.' 
 L.E.A.1916F, 796. 
 
 » « » 
 
 SHARES. 
 
 Of corporate stock, see Coepobations, VIII. 
 
 ♦» » 
 
 SHEEP. 
 
 Right to kill sheep-ldlling dogs. 
 1915C, 361. 
 
 L.R.A. 
 
 SHELVING. 
 
 As fixture. 43 L.R.A.(N.S.) 676, 
 
 SHERIFFS. 
 
 § 1. Generally. 
 
 Bonds of, see Bonds, §§ 12-15. 
 Deputy sheriff, see Deputies, § 2. 
 
 Right of receiver to take property from 
 possession of. 47 L.R.A.(N.S.) 752. 
 
 Right to garnish or attach proceeds of exe- 
 cution sale in the hands of the sheriff. 
 43 L.R.A.(N.S.) 571. 
 
 Liability of carrier for compelling sheriff 
 in charge of negro prisoner to ride in 
 car for colored persons. L.R.A.1916E, 
 280. 
 
 g 2. Rights. 
 
 Eight of sheriff to appoint nonresident 
 
 deputy. L.R.A.1916B, 900. 
 Right to break and enter dwelling to serve 
 
 civil writ of process. L.R.A.1916D, 281. 
 
 § 3. Duties and liabilities. 
 
 Liability on bond, see Bonds, §§ 12-15. 
 Duty and liability of sheriff making levy, 
 see Ijbvt and Seizure, § 12. 
 
 Liability of sheriff executing invalid search 
 
 warrant. 49 L.R.A.(N.S.) 770. 
 Liability of sheriff for shooting a person 
 
 while attempting to arrest him. 51 
 
 L.E.A.(N.S.) 1179, 
 Liability for making arrest. L.R.A.1915B, 
 
 505. 
 Liability of sheriff for his deputy's tort in 
 
 making an arrest. L.R.A.1915E, 172. 
 
 SHERMAN ANTI-TRUST ACT. 
 
 " See Monopolt and Combinations. 
 
 Begin with this 'booh on every law question. 
 
INDEX TO NOTES. 
 
 641 
 
 SHIP BUII.DING YARD. 
 
 What is, within meaning of workmen's 
 compensation act. L.R.A.1916A, 202. 
 
 SHIPPING. 
 
 if. In general, §§ 1—S. 
 III. Duty and liability of vessel or oion- 
 
 ers, §§ 8-16. 
 IT. Charter party ; loading and unload- 
 ing, §§ 17-19. 
 V. Limited liability, §§ SO, SI. 
 
 I. In general. 
 
 % 1. Generally. 
 
 Admiralty, see Admibaltt. 
 Maritime Liens, see Makitime Liens. 
 
 § 3. Iioss or destruction of cargo. 
 
 Vessel striking submerged object as act of 
 
 God. L.R.A.1915C, 423. 
 Seamen, see Seamen. 
 
 § 4. Ships, generally. 
 
 Right of mortgagee of ship as to freight. 
 4 B. R. C. 538. 
 
 Right of mortgagee of ship to take posses- 
 sion. 4 B. E. 0. 529. 
 
 Rights of lien holders as to captured prop- 
 erty. 5 B. R. C. 1002. 
 
 Forfeiture of rights or interests of innocent 
 persons in ships and cargoes used in 
 violation of law. L.R.A.1916E, 346. 
 
 III. Duty and liability of vessel or own- 
 ers. 
 
 § 8. Generally. 
 
 Presumption and burden of proof as to car- 
 rier's negligence in case of exception in 
 contract as to perils of navigation. 
 L.R.A.1915D, 665. 
 
 Effect of deviation upon rights and liabili- 
 ties of carriers. 3 B. E. C. 285. 
 
 § 9. To passengers. 
 
 Duty of carrier to passenger on train or 
 boat chartered to third person for ex- 
 cursion or similar purposes. 52 L.R.A. 
 (N.S.) 260. 
 
 Liability for failure to supply berth. L.R.A. 
 1915B, 1202. 
 
 Liability of steamship company for loss of 
 hand baggage or other effects in the 
 custody or control of passenger. L.R.A. 
 1915B, 613. 
 
 IT. Charter party ; loading and unload- 
 ing. 
 
 '8 17. Charter party. 
 
 Effect upon character of sum agreed upon 
 for breach as penalty or liquidated 
 damages of single or multiple stipu- 
 lations in contract. L.R.A.1915E, 380. 
 Consult also L.B.A.. Digests to date. 
 
 SBIPFmG—confd. 
 
 T. Limited liahilitff. 
 
 g 20. Generally. 
 
 Law covering limitation of liability. L.It.A. 
 1916B, 642. 
 
 SHIPPING FACILITIES. 
 
 Right to compensation for interference with, 
 62 L.R.A.(N.S.) 192. 
 
 SHIPS. 
 
 See Shipping, § 4. 
 
 SHOOTING GAI.LEBT. 
 
 Liability of person maintaining, for safety 
 of patrons. L.R.A. 1915F, 690. 
 
 ***■ 
 
 SHOPKEEPEEU 
 
 See Stobekeepeb. 
 
 4 » » ■ 
 
 SHOPS. 
 
 Application to employees in, of statutes 
 abrogating fellow-servant rule. 47 
 L.R.A.(N.S.) 117, 119. 
 
 SHORE. 
 
 See Seaseobe. 
 
 SHOW^. 
 
 In general, see Amttsbments. 
 
 Carrier's liability for preventing, by breach 
 
 of contract of carriage. 49 L.R.A, 
 
 (N.S.) 491. 
 
 SHOVrCASES. 
 
 As fixtures. 43 L.R.A. (N.S.) 675. 
 
 SICKNESS. 
 
 § 1. Generally. 
 
 Allowance for mental anguish from failure 
 to deliver telegram announcing, see 
 Damages, § 103. 
 
542 
 
 INDEX TO NOTES. 
 
 SICKNESS— coni'd. 
 
 As element of damages for delaying person 
 
 blocking railroad crossing. 44 L.Il.A. 
 
 (N.S.) 1070. 
 As defense to action for breach of promise 
 
 to marry. L.R.A.1916D, 1276. 
 
 § 2a. Of attorney. 
 
 Sickness of attorney employed on a con- 
 tingent fee, before final adjudication or 
 settlement, as affecting compensation. 
 52 L.R.A.(]^.S.) 381. 
 
 § 6. Of passenger. 
 
 Carrier's duty towards sick or disabled 
 passenger, see Cabbiees, § 39. 
 
 § 7. Of copartner. 
 
 As ground for dissolution of partnership. 
 
 47 L.R.A.(N.S.) 843. 
 
 § 8. Of insured. 
 
 Insurance against, generally, see Instib- 
 
 ANCE. 
 
 Effect of incapacitating illness on failure 
 to pay insurance premium when due. 
 46 L.E.A.(N.S.) 537. 
 
 Effect of stipulation in application or pol- 
 icy of insurance, that it shall not be- 
 come binding unless delivered to as- 
 sured while in good health. 43 L.K.A. 
 (N.S.) 725. 
 
 Effect of refusal to deliver policy containing 
 stipulation that it shall not become 
 binding unless delivered to assured 
 while in good health, because of illness 
 of assured. L.R.A.1916F, 174. 
 
 Previous diseased condition as affecting lia- 
 bility on insurance policy for death or 
 injury from accident. 52 L.R.A. (N.S.) 
 1203. 
 
 § 11. Of live stock. 
 
 See Animals, § 17. 
 
 # «» 
 
 SIDE TRACKS. 
 
 See Spub Tracks and Sidings. 
 
 ♦-•-♦ 
 
 SIDE'WAI.KS. 
 See Highways; Public Improvements. 
 
 ♦-•-• 
 
 SIDE VTALLS. 
 Party walla, see Party Walls. 
 
 •-•-• 
 
 SIGNALS. 
 
 To employee, see Master and Servant, III. 
 
 a, 5; § 165. 
 At railroad crossing, see Railroads, §§ 57, 
 
 66, 69 
 
 SIGNALS— coMt'd. 
 
 Ififfect of signaling car to make one a pas- 
 senger, L.R.A.1916C, 1022. 
 
 Carrier's liability for injury resulting from 
 negligent or meddlesome act of fellow 
 passenger in giving. 49 L.R.A. (N.S.) 
 811. 
 
 Duty of operator of automobile as to. 51 
 L.R.A.(N.S.) 996. 
 
 SIGNATURE. 
 
 Duty of bank to know signature of de- 
 positor, see Banks, § 24. 
 
 Forgery of, see Banks, §§ 24, 29 ; Bills and 
 Notes, § 16; Eobgery. 
 
 To instrument required by statute of 
 frauds, see Contracts, §§ 53, 54. 
 
 By mark, see Mark, § 2. 
 
 Of testator, see Wills, §§ 20-24. 
 
 Of witness to will, see Wills, § 30. 
 
 Failure to sign application as avoiding acci- 
 dent, life, or mutual benefit insurance 
 policy. 4 B. R. C. 468. 
 
 Duty of government official to know signa- 
 ture of drawer of draft. L.R.A.1915D, 
 797. 
 
 Signature made by hand of unconscious 
 person. L.R.A.1915B, 678. 
 
 SIGNBOARDS. 
 
 Allowance of in street, see Highways, § 19a. 
 Injury to traveler by, see Highways, § 68. 
 
 SIGNS. 
 
 Signboard, see Signboards. 
 Injiu-y to traveler by fall of, see High- 
 ways, § 68. 
 
 Posting signs warning trespassers as affect- 
 ing liability of railroad company for 
 injury to person walking on track. 
 47 L.R.A.(N.S.) 506. 
 
 SILENCE. 
 
 Estoppel by, see Estoppel, III. b. 
 As fraud, see Fraud and Deceit, § 6. 
 
 ♦ «» 
 
 SIMILAR ACTS. 
 
 Evidence of, see Evidence, XII. j. 
 ♦-•-♦ 
 
 SIMULATION. 
 
 See Unfaie Competition. 
 
 Begin with this 'booh on every law question. 
 
INDEX TO NOTES. 
 
 S43 
 
 SINKING FUND METHOD. 
 
 Of treatment of depreciation in estimating 
 the return of a public service corpora- 
 tion for rate-maliing purposes. 52 
 L.R.A.(N.S.) 33. 
 
 ■♦« » 
 
 SISTER. 
 
 See Brothees and Sistees. 
 •-•-* 
 
 SISTER-IN-LAW. 
 
 Validity of marriage with. Ii.R.A.1916C, 
 756. 
 
 SITUS. 
 
 Of debt, see Gaenishment, § 12. 
 
 For taxation, generally, see Taxes, §§ 40- 
 
 49, 100. 
 See also Conflict of Laws. 
 
 Of corporate stock for purpose of transfer 
 on books of corporation. L,R.A.1915C, 
 471. 
 
 As between different states or countries of 
 shares of corporate stock for purpose of 
 property taxation. L.R.A.1915C, 942. 
 
 SKIDDING. 
 
 51 
 
 Injury by automobile while skidding. 
 L.R.A.(N.s.) 1006. 
 
 Applicability of doctrine of res ipsa loqui- 
 tur where accident to passenger is occa- 
 sioned by skidding of vehicle. 3 B. R. 
 C. 97. 
 
 SLACK. 
 
 Burning slack, as a nuisance. 48 L.R.A. 
 (N.S.) 244. 
 
 < » > 
 
 SLANDER. 
 
 See Libel and Slander. 
 
 SLAVES. 
 
 § 1. Generally. 
 
 Admissibility of declarations of slave as af- 
 fected by incompetency as a witness. 
 L.R.A.1915E, 205. 
 
 Eights as between life tenant and re- 
 mainderman to increase of. L.R.A. 
 1915C, 849. 
 Consult also L.R.A. Digests to date. 
 
 SLAVES— cont'd. 
 
 Right to recover for hire of slaves, between 
 time of judgment in detinue for their 
 recovery and affirmance of judgment on 
 appeal. 52 L.R.A. (N.S.) 1199. 
 
 Effect of admission of state into the Union 
 upon provisions of ordinance of 1787 
 as to slavery. 52 L.R.A. (N.S.) 307. 
 
 Presumption and burden of proof as to neg- 
 ligence in case of injury to, or escape 
 of. 43 L.R.A.(N.S.) 1191. 
 
 Liability of hirer of slaves under special 
 terms of contract for their care or re- 
 turn. L.R.A.1915B, 297, 305. 
 
 Excessiveness of verdicts in action by mas- 
 ter for injury to slave. L.R.A.1915r, 
 491. 
 
 § 3. Escape of. 
 
 Presumption and burden of proof as to 
 negligence in case of escape of. 43 
 L.R.A.(N.S.) 1191. 
 
 SLEDGE HAMMER. 
 
 Master's liability for injury by defects in. 
 51 L.R.A.(N.S.) 339. 
 
 SLEEPING CAR COMPANIES. 
 
 See Caheiees, §§ 96, 97. 
 
 SMALLPOX. 
 
 Hospital for, see Hospitals. 
 Vaccination for, see Health, § 10. 
 
 SMELLS. 
 
 See Odobs. 
 
 SMOKE. 
 
 § 1. Generally. 
 
 As element of damages, see Damages, § 87a 
 
 § 3. Regulation and control of. 
 
 As nuisance, see Notsance, § 5. 
 
 SMOKING. 
 
 Power to prohibit or restrict use of tobacco 
 51 L.R.A.(N.S.) 562. 
 
 SNATCHING. 
 
 As 
 
 force constituting 
 (N.S.) 1150. 
 
 robbery. 46 L.R.A, 
 
S44 
 
 INDEX TO NOTES. 
 
 SNOW. 
 
 On street or sidewalk, see Highways, §§ 
 56, 71. 
 
 Ees ipsa loquitur in action for injury on 
 
 highway by fall of snow from roof, 
 
 43 L.E.A.(N.S.) 597. 
 Kight to discharge from roof upon premises 
 
 of adjoining owner. L.R.A.1916A, 693. 
 Duty of railroad company as to snow on 
 
 cattle guards. L.R.A.1915B, 134. 
 
 SOCIAI. CI.UBS. 
 
 See CttJBS. 
 
 SOCIAUSM. 
 
 Validity of statutory or other regulation 
 forbidding display of red flag or other 
 symibol tending to incite disorder. 
 L.R.A.1915B, 706. 
 
 < «» 
 
 SOCIAI. TIUQATING. 
 
 See Tbbating. 
 
 SOCIETY. 
 
 Various kinds of societies, see Associa- 
 tions; Clubs; BENEVoiiENT Societies; 
 Religious Societies. 
 
 SODOMY. 
 
 Evidence of other crimes in prosecution for. 
 46 L.R.A.(N.S.) 266. 
 
 Age of alleged accomplice as affecting^ neces- 
 sity of corroboration of testimony. 
 L.R.A.1915E, 1224. 
 
 As to whether sodomy may be committed 
 by penetration of mouth. 45 L.R.A. 
 .{N.S.) 473. 
 
 SOI.DIEBS. 
 
 Pensions to, see Pensions. 
 Soldiers' and seamen's wills. 
 899. 
 
 4 B. R. C, 
 
 SOLDIEBS' HOME. 
 
 SOLE AND UNCONDITIONAIi 
 OW^NEKSHIP. 
 
 See Insubance, § 68. 
 
 SOLICITATION. 
 
 Soliciting trade as doing business within' 
 state. L.R.A.1916E, 236. 
 
 < »» 
 
 SOLICITORS. 
 
 See Attobnbts. 
 
 4 I » 
 
 SOLVENCY. 
 
 Insolvency, see Insolvenot, 
 
 »»» 
 
 SON. 
 
 See Paebwt and Chiu). 
 •«» 
 
 SON-IN-LAAV. 
 
 See Fatheb-In-Law and Son-In-Law. 
 
 ♦ »» 
 
 SOBOBITIES. 
 
 Forbidding student's affiliation with secret 
 society. L.R.A.1915D, 588. 
 
 SPAKK ARRESTER. 
 
 Private action for violation of statutes re- 
 quiring. L.R.A.1915E, 539. 
 
 4 « » 
 
 SPECIAL ASSESSMENTS. 
 
 See Public Impeovements, IV. 
 
 « ■ » 
 
 SPECIAL CABS. 
 
 Railroad companies as private carriers in 
 drawing. 48 L.R.A.(N.S.) 990. 
 
 SPECIAL DAMAGE. 
 
 By nuisance, see Nuisances, § 25. 
 
 Interference with one's use of highway by 
 unlawful obstruction as a special dam- 
 age which will sustain an action by him 
 
 I age wnicn win sustain an action oy mm 
 
 Liability of, to process of garnishment in | against the wrongdoer. L.R.A.1915U| 
 
 state courts. 46 L.R.A.(N.S.) 301. 
 
 142. 
 
 Begin with this book, on every law question. 
 
INDEX TO NOTES. 
 
 545 
 
 SPECIAX. JUDGE. 
 
 Power of legislature to provide for method 
 of selecting. L.R.A.1916E, 836. 
 
 ♦-»♦ 
 
 SPECIAL LEGISLATION. 
 
 See Statutes, II. e. 
 
 ♦-»> 
 
 SPECIAL ORDERS. 
 
 Within statute of frauds. 43 L.E.A.(N.S.) 
 97. 
 
 ♦<-•■ • 
 
 SPECIAL POLICE. 
 
 See Police, § 6. 
 
 ♦-•-♦ 
 
 SPECIAL TAXATION. 
 
 Assessment for public improvements, see 
 Dkains and Seweks, IV; Public Im- 
 
 PEOVEMEKTS, IV. 
 
 SPECIAL TRAINS. 
 
 Kailroad companies as private carriers in 
 drawing. 48 L.R.A.(N.S.) 990. 
 
 SPECIALTY. 
 
 As to deeds, see Deeds. 
 
 As to m.ortgage, see Mortgage. 
 
 SPECIAL USE. 
 
 Recovery for, in eminent domain, see Dam- 
 apes, § 83. 
 
 II. 
 
 SPECIFIC PERFORMANCE. 
 
 In general, §§ 1—3. 
 Contracts enforceable, §§ 4—36. 
 a. In general, §§ 4— 10a. 
 Oral contracts, §§ 11—13. 
 
 1. In general, § 11. 
 
 2. As to real property, §§ 12, 
 13. 
 
 Contracts relating to -personal 
 
 property, § 14. 
 Contracts for real property, §§ 
 
 15-19. 
 Effect of defendant's inability 
 to specifically perform, § 30. 
 f. Mutuality of obligation; op- 
 tion, §§ 21, 22. 
 Consult also L.R.A. Digests to date 
 
 43— 'ler. 
 
 b. 
 
 d. 
 
 e. 
 
 SPECIFIC PERFORMANCE, II.— oomt'd. 
 gr. Certainty and definiteness, § 
 
 33. 
 h. Mistake; fraud; consideration, 
 §§ 34-26. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Right of private person to contest power 
 of corporation to take or hold property, 
 in action for. 46 L.R.A.(N.S.) 73. 
 
 May a contract by an agent who exceeded 
 his authority be enforced against the 
 principal to the extent to which it was 
 authorized. 52 L.E.A.(N.S.) 510. 
 
 II. Contracts enforceable, 
 a. In general. 
 
 § 4. Miscellaneous contracts. 
 
 Arbitration agreements. 47 L.R.A. (N.S.) 
 
 364. 
 Of stock pooling agreement. 51 L.R.A, 
 
 (N.S.) 785. 
 
 § 5. Illegal contracts. 
 
 Eight to damages for breach of option con- 
 tract which is not specifically enforce- 
 able because it contravenes the rule 
 against perpetuities. 4 B. R. C. 292. 
 
 § 9. As to disposition of property at 
 deatb. 
 
 Specific performance of contract to leave 
 property in consideration of serv- 
 ices or support. 44 L.R.A. (N.S.) 
 733. 
 In general. 44 L.R.A. (N.S.) 733. 
 Requisites of contract. 44 L.R.A. 
 (N.S.) 734. 
 Consideration. 44 L.R.A. (N.S.) 
 
 734. 
 Fairness and justness. 44 L.R.A, 
 
 (N.S.) 736. 
 Mutuality. 44 L.R.A. (N.S.) 738. 
 Definiteness and certainty. 44 
 L.R.A. (N.S.) 740. 
 Proof of contract. 44 L.R.A. (N.S.) 
 740. 
 Burden and degree of proof. 44 
 
 L.R.A. (N.S,) 743. 
 As aff'ected by complainant's equi- 
 ty. 44 L.R.A. (N.S.) 746. 
 Statute of frauds. 44 L.R.A, 
 (N.S.) 748. 
 Performance not within one 
 year. 44 L.R.A. (N.S.) 
 748. 
 Concerning real estate. 44 
 L.R.A.(N.S.) 748. 
 How taken out. 44 
 L.R.A,(N.S.) 748. 
 Performance or breach of contract. 44 
 L.R.A. (N.S.) 751. 
 By complainant. 44 L.R.A. (N.S.) 
 
 751. 
 Breach by promisor before death. 
 44 L.R.A, (N.S.) 752. 
 Particular circumstances a factor. 44 
 L.R.A.(N.S.) 752. 
 
 35 
 
546 
 
 INDEX TO NOTES. 
 
 SPECIFIC PEKFOEMANCE, II. a,— cont'd. 
 Specific performance of contract to leave 
 property to child in consideration 
 of his living with promisor. 44 
 L.E.A.(N.S.) 756. 
 In general. 44 L.R.A.(N.S.) 757. 
 Classification of contracts. 44 L.R.A. 
 (N.S.) 757. 
 Distinction between contracts of 
 inheritance and contracts of 
 purchase. 44 L.R.A.(N.S.) 
 757. 
 Contracts for inheritance. 44 
 L.E.A.(N.S.) 759. 
 Without legal adoption. 44 
 
 L.E.A.(N.S.) 759. 
 By legal adoption. 44 L.E.A. 
 (N.S.) 760. 
 Contracts of purchase. 44 L.R.A. 
 (N.S.) 763. 
 Judicial discretion. 44 L.E.A. (N.S.) 
 
 763. 
 Requisites of contract. 44 L.R.A. 
 (N.S.) 764. 
 Consideration. 44 L.R.A. (N.S.) 
 
 764. 
 Fairness and justness. 44 L.R.A. 
 
 (N.S.) 765. 
 Mutuality. 44 L.R.A. (N.S.) 766. 
 Definiteness and certainty. 44 
 L.R.A.(N.S.) 767. 
 Proof of contract. 44 L.R.A. (N.S.) 
 769. 
 Character and burden of proof. 44 
 
 L.R.A.(N.S.) 769. 
 Statute of frauds. 44 L.R.A. 
 (N.S.) 770. 
 Breach by promisee. 44 L.R.A. (N.S.) 
 
 772. 
 Particular circumstances a factor. 44 
 L.R.A.(N.S.) 772. 
 
 Enforceability of contract to give child 
 share of estate in consideration of the 
 surrender of the child to promisor, 
 as affected by noncompliance with the 
 statute prescribing mode of adoption. 
 46 L.R.A. (N.S.) 1134. 
 
 b. Oral contracts. ■ 
 1. In general. 
 
 § 11. Generally. 
 
 Specific performance of oral contract to 
 leave property in consideration of serv- 
 ices or support. 44 L.R.A. (N.S.) 748. 
 
 3. As to real property. 
 
 § 12. Generally. 
 
 Statute of frauds with reference to con- 
 tracts relating to realty, generally, see 
 CONTEACTS, II. g. 5. 
 
 Specific performance of oral contract to 
 leave property in consideration of serv- 
 ices or support. 44 L.R.A. (N.S.) 748. 
 
 § 13, Fart performance; taking pos- 
 session. 
 
 Effect of, generally, see Contkaots, § 58. 
 
 SPECIFIC PERFORiLiNXE, II. b, 2— 
 cont'd. 
 
 Effect of, to take out of statute of frauds, 
 contract to leave property to child in. 
 consideration of his living with promi- 
 sor. 44 L.R.A.(N.S.) 770. 
 
 Effect of part performance under parol 
 lease on right to specific performance. 
 49 L.R.A.(N.S.) 116. 
 
 c. Contracts relating to personal prop- 
 erty. 
 
 § 14. Contracts for sale of corporate 
 stock. 
 
 Jurisdiction. L.R.A.1915D, 300. 
 
 Remedy at law. L.R.A.1915D, 300. 
 
 Trust involved. L.R.A.1915D, 301. 
 
 Mutuality of remedy. L.E.A.1915D, 
 301. 
 Defenses. L.R.A.1915D, 303. 
 
 Uncertainty and incompleteness of con- 
 tract. L.R.A.1915D, 303. 
 
 Lack of mutuality. L.R.A.1915D, 303. 
 
 Fraud. L.R.A.1915D, 303. 
 
 Disposition of stock to other persons. 
 L.R.A.1915D, 303. 
 
 d. Contracts for real property. 
 
 § 15. Generally. 
 
 Oral contracts, see supra, §§ 12, 13. 
 
 Specific performance of land contract as af- 
 fected by provision for liquidated dam- 
 ages. 45 L.R.A.(N.S.) 52. 
 
 Right of private person to contest power 
 of corporation to take or hold prop- 
 erty, in action for specific performance 
 of contract relating to property. 46- 
 L.E.A.(N.S.) 84. 
 
 To compel railroad company to perform 
 agreement as to cr9ssing stipulated for 
 in deed to railroad of right of way. 
 48 L.E.A.(N.S.) 387. 
 
 § 17. Doubtful titles. 
 
 Sufficiency of title by adverse possession as 
 
 basis for specific performance. 46 
 
 L.E.A.(N.S.) 515. 
 
 Eight of vendor whose title is defective to 
 
 specific performance upon condition 
 
 of a compensation or indemnity. 
 
 52 L.R.A.(N.S.) 959. 
 
 Defect in title to part. 52 L.R.A. 
 
 (N.S.) 960. 
 Deficiency in quantity. 52 L.R.A. 
 
 (N.S.) 96L 
 Waste; misrepresentations as to value 
 
 or quality. 52 L.R.A.(N.S.) 963. 
 Encumbrances. 52 L.R.A.(N.S.) 964. 
 
 e. Effect of defendant's inahility to 
 specifically perforin. 
 
 § 20. Generally. 
 
 Agreement by carrier to issue passes which 
 is impossible of performance becausB 
 of subsequent legislation. 49 L.E.A. 
 
 (N.S.) 848. 
 
 Begin with tliis booTc on every law question. 
 
INDEX TO NOTES. 
 SPECIFIC PEEFORMANCE, U.— cont'd. 
 f. Mutuality of obligation ; option. 
 
 547 
 
 § 21. Generally. 
 
 Mutuality of remedy as affecting jurisdic- 
 tion of action for specific performance 
 of contract for sale of corporate stock. 
 L.R.A.1915D, 301. 
 
 Mutuality of contract to leave property in 
 consideration of services or support. 
 44 L.R.A.(N,S.) 738. 
 
 Mutuality of contract to leave property to 
 child in consideration of his living with 
 promisor. 44 L.R.A.(N.S.) 766. 
 
 Right of party not bound because he did 
 not sign the contract, to enforce spe- 
 cific performance against the party who 
 did sign. 43 L.R.A.(N.S.) 411. 
 
 § ZZ. Option contracts. 
 
 Right to damages for breach of option con- 
 tract vphich is not specifically enforce- 
 able because it contravenes the rule 
 against perpetuities. 4 B. R. C. 292. 
 
 g. Certainty and definiteness. 
 
 <; 23. Generally. 
 
 Definiteness and certainty of contract to 
 leave property to child in considera- 
 tion of his living with promisor. 44 
 L.R.A.(N.S.) 767. 
 
 Specific performance of land contract as 
 affected by provision for liquidated 
 damages. 45 L.R.A.(N.S.) 52. 
 
 h. Mistake; fraud; consideration. 
 
 § 25. Fraud. 
 
 In contract for sale of corporate stock. 
 L.R.A.]9]5D, 303. 
 
 § 26. Consideration. 
 
 Contract to leave property to child in con- 
 sideration of his living with promisor. 
 44 L.R.A.(N.S.) 764. 
 
 SPECTATOR. 
 
 (Liability for injury to bystander watching 
 progress of work. L.R.A.1916F, 117. 
 
 SPECULATIVE BELIEF. 
 
 As affecting testamentary capacity. L.R.A. 
 1915A, 4.58. 
 
 SPEED. 
 
 Of automobiles, see Automobiles, § 5. 
 On highway generally, see Negligence, § 26. 
 Of railroad trains, see Railboads, §§ 71, 72. 
 Co>isiilt also L.B.A. Digests to date. 
 
 SPEEDY TRIAL. 
 
 See Criminal Law, § 45. 
 
 •-►■• 
 
 SPINAL AFFLICTION. 
 
 As element of damages for negligent in- 
 jury. 48 L.R.A. (N.S.) 102. 
 
 SPIRITUALISM. 
 
 Prohibition of obtaining monrv by spirit 
 mediumship. 43 L.R.A. (NIS.) 203. 
 
 ♦-»> 
 
 SPIRITUOUS LIQUORS. 
 
 See Intoxicating Liquoes. 
 
 SPITE FENCES. 
 
 See Fences, § 6. 
 
 SPLINTERS. 
 
 Master's liability for injury to servant by 
 flying splinters, see Master and Serv- 
 ant, § 82. 
 
 SPLITTING ACTION. 
 
 Splitting causes of action, see Action oe 
 Suit, § 17. 
 
 SPONGE. 
 
 Liability of physician or surgeon where 
 sponge is left in incision. 46 L.R.A. 
 (N.S.) 611. 
 
 SPONTANEOUSNESS. 
 
 Of confession. 50 L.RA.(N.S.) 1077. 
 
 _ «-»« 
 
 SPORADIC DANGERS. 
 
 Duty to warn servant against, see ^Master 
 
 AND Servant, § 74. 
 
 SPORT. 
 
 Sportive act of servant, see ilASTER and 
 Servant, § 175. 
 
548 
 
 INDEX TO NOTES. 
 
 SPORTIVE ACT. 
 
 Of servant, see Master and Servant, § 175. 
 
 SPOUSE. 
 
 See Husband and Wife. 
 
 SPUR TRACKS AND SIDINGS. 
 
 § 1. Generally. 
 
 Power to compel railroad to build, maintain 
 or connect with side track for accom- 
 modation of shippers. L.R.A.1915E, 
 682. 
 
 SQUARES. 
 
 See Pakks and Squares. 
 
 ♦-•-• 
 
 STABILES. 
 
 Livery stable, see Livery Stable. 
 
 Sanitary regulations as to. 45 L.R.A. 
 
 (N.S.) 575. 
 As nuisance. 49 L.R.A. (N.S.) 958. 
 
 STAGE COACH. 
 
 Validity of restrictive agreement ancillary 
 to sale of stage and coach lines. L.R.A. 
 19160, 632. 
 
 Imputing negligence of driver to passenger. 
 L.R.A.1915A, 761. 
 
 Applicability of doctrine of res ipsa lo- 
 quitur where accident to passenger is 
 occasioned by skidding of vehicle. 3 
 B. R. C. 97. 
 
 STAGINGS. 
 
 Master's liability for injury to servant on, 
 see Master axd Servant, § 84. 
 
 STAIR W^AY.- 
 
 § Z. Duty and liability as to condi- 
 tion of. 
 
 Municipal liability for injury by stairway 
 in street, see Highways, § 62. 
 
 Ihity of storekeeper toward customer as to 
 'condition of. L.R.A.1915F, 572. 
 
 § 3. — of landlord. 
 
 Liability of landlord for personal injuries to 
 wife of lessee. L.R.A.1916]?, 1152. 
 
 STAIRWAY— cont'd. 
 
 Liability of landlord for personal injury by 
 
 defect in, to member of lessee's family 
 
 other than wife. L.R.A.1916F, 1161. 
 Landlord's liability for injury to servant of 
 
 tenant on common stairway. L.R.A. 
 
 1916F, 1145. 
 
 STAMPS. 
 
 Trading stamps, see Trading Stamps. 
 
 Sufficiency of signature to will by stamp. 
 L.R.A.1915D, 906. 
 
 <« » 
 
 STANDING TIMBER. 
 
 See Timber. 
 
 STATE. 
 
 /. In general, §§ 1—3. 
 II. Rights and poivers of, 
 III. Suit Jyy, §§ 8, 9. 
 lY. Liabilities of, §§ 10—12. 
 V. Claims against; indebtedness 
 §§ 13-15. 
 
 4-7. 
 
 of, 
 
 Begin iHth t7iis hoolc on every law question. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Officers of, see Attditor; Attorney Gen- 
 eral; Comptroller: Engineer; Gov- 
 ernor; Legislature; Secretary or 
 State; Surveyor General; Treas- 
 urer. 
 
 Bonds of, see Bonds, III. 
 
 Boundaries of, see Boundaries, §§ 1-3. 
 
 Interference with local self-government by, 
 see Constitutional Law, § 21. 
 
 Estoppel of, see Estoppel, I. 
 
 Injunction against waste or unlawful use 
 of state funds, see Injunction, § 61b. 
 
 Validity of ordinances on matters covered by 
 state laws, see Municipal Corpora- 
 tions, § 25. 
 
 Priority of claims by or against, see Insol- 
 vency, § 8; Priority, § 3. 
 
 Statutes of, see Statutes. 
 
 Exemptions as against fines and penalties 
 when state is the plaintiff. L.R.A. 
 a915A, 1216. 
 
 Nullification or breach of state contract as 
 impairment of obligation of contract. 
 45 L.R.A.(N.S.) 721. 
 
 Revival of judgment in favor of state. 47 
 L.R.A. (N.S.) 905. 
 
 Validity of statute fixing minimum wage 
 for employees of state. 51 L.R.A. 
 (N.S.) 687. 
 
 Claims of state as within statute or ordi- 
 nance requiring notice or presentation 
 as a condition of mimicipalitv liability. 
 50 L.R.A. (N.S.) Ib4. 
 
INDEX TO NOTES. 
 
 540 
 
 STATE, I.— cont'd. 
 § Z. Admission of. 
 
 Effect of admission of state into the Union 
 
 upon ordinance of 1787. 52 L.R.A 
 
 (N.S.) 305. 
 Judicial explanations. 52 L.R.A. 306 
 Slavery. 52 L.R.A.(N.S.) 307. 
 Navigable waters. 52 L.R.A. (N.S.) 308. 
 Apportionment. 52 L.R.A. (N.S.) 311. 
 Legal proceedings. 52 L.R.A. (N.S.) 
 
 311. 
 Religion. 52 L.R.A. (N.S.) 312. 
 Taxation of United States lands. 52 
 
 L.R.A.(N.S.) 312. 
 Compensation for particular services 
 
 52 L.R.A. (N.S.) 313. 
 Miscellaneous. 52 L.R.A. (N.S.) 313. 
 
 § 3. Taxation of property of. 
 
 Property leased by state as subject to tax- 
 ation. 52 L.R.A. (N.S.) 991. 
 
 Taxation of property located in one state 
 but belonging to another. 50 L.R.A. 
 (N.S.) 243. 
 
 //. Ritfhts and powers of. 
 
 § 4. Generally. 
 
 Power to regulate commerce, see Commerce, 
 Priority of claim of state, see Insolvency, 
 § 8; Priokitt, § 3. 
 
 Applicability as against state of presump- 
 tion of payment from lapse of time. 
 L.R.A.191GB, 739. 
 
 Povper of state as to international or inter- 
 state ferries. 52 L.R.A. (N.S.) 574. 
 
 Eight of state to authorize or direct di- 
 version of county funds to purpose 
 other than that for which collected. 
 L.R..'V.1915D, 274. 
 
 Power of state to make binding contract as 
 to rates of public service corporation. 
 L.R.A.1915C, 262. 
 
 Power to control private charity. L.R.A. 
 1916D, 012. 
 
 § 5. As to taxes. 
 
 Taxation by, generally, see Taxes. 
 Power to tax Federal agencies, instrumen- 
 talities, or property, see Taxes, § 6. 
 
 Taxation of property located in one state 
 but belonging to another. 50 L.R.A. 
 (N.S.) 243. 
 
 § 6. Property rights. 
 
 State ownership of waters, see Wateks, § 8 
 
 ///. Suit 'by. 
 
 § 8. Generally. 
 
 Applicability of statute of limitations to 
 actions by agencies of state. L.R.A. 
 1916E, 96. 
 
 Injunction at suit of, against public nui- 
 sance which is also a crime. 47 L.R.A. 
 (N.S.) 673. 
 
 Bight of state to maintain action to recover 
 excess rates or charges exacted of indi- 
 viduals hy public service corporations. 
 L.R.A.19l'6C, 336. 
 Consult also L.R.A. Digests to date. 
 
 STATE— oowt'd. 
 
 IV. Liabilities of. 
 
 § 11. For torts or negligence. 
 
 School district as agency of state not liable 
 for tort. 49 L.R.A. (N.S.) 1026. 
 
 Conducting state fair or exposition as exer- 
 cise of governmental or private function 
 respecting liability for injury to patron. 
 L.R.A.1915E, 469. 
 
 § 12. Liability to suit. 
 
 When action against officers is deemed to 
 be action against the state. 44 
 L.R.A.(N.S.) 189. 
 Introductory. 44 L.R.A. (N.S.) 190. 
 Scope of note. 44 L.R.A. (N.S.I 
 
 190. 
 The state and the courts. 44 
 
 L.R.A.(N.S.) 191. 
 Real and nominal parties. 44 
 L.R.A. (N.S.) 193. 
 Nature of defendant's office. 44 L.R.A. 
 (N.S.) 193. 
 Suits against the governor. 44 
 
 L.R.A. (N.S.) 193. 
 Suits against attorney general. 44 
 
 L.R.A. (N.S.) 195. 
 Suits against state treasurer. 44 
 
 L.R.A.(N.S.) 195. 
 Suits against other state officers. 
 
 44 L.R.A.(N.S.) 195. 
 Suits against state boards or com- 
 missions. 44 L.R.A. (N.S.) 
 196. 
 State dispensaries. 44 L.R.A. 
 
 (N.S.) 198. 
 Railroad and other corpora- 
 tion commissions. 44 
 L.R.A.(N.S.) 198. 
 Suits against officers of cities. 44 
 L.R.A.(N.S.) 199. 
 Various subjects of suit; nature of suit 
 or relief demanded. 44 L.R.A. 
 (N.S.) 199. 
 Suits to recover property in pos- 
 session of state, or to direct 
 or enjoin the disposition there- 
 of. 44 L.R.A. (N.S.) 190. 
 Suits compelling or enjoining the 
 carrying out of contracts. 44 
 L.R.A.(N.S.) 202. 
 Suits relating to lands. 44 L.R.A. 
 
 (N.S.) 206. 
 Suits relating to taxation. 44 
 L.R.A. (N.S.) 212. 
 Enjoining tax officers. 44 
 
 L.R.A. (N.S.) 212. 
 Compelling affirmative action. 
 
 44 L.R.A. (N.S.) 214. 
 Miscellaneous. 44 L.K.A. 
 (N.S.) 214. 
 Suits concerning rates. 44 L.R.A. 
 (N.S.) 215. 
 Transportation rates. 44 
 
 L.R.A.(N.S.) 215. 
 Other rates. 44 L.R.A. (N.S.) 
 216. 
 Suits relating to patents; copy- 
 jights. 44 L.R.A.(N.S.) 217. 
 
550 
 
 STATE, IV.— cont'd. 
 
 Suits relating to salary or pay. 44 
 
 L.R.A.(N.S.) 217. 
 Attachment or garnishment. 44 
 
 L.K.A.(N.S.) 218. 
 Suits to restrain revocation of cor- 
 poration's license to do busi- 
 ness. 44 L.E.A.(N.S.) 219. 
 Butts to avoid confiscatory acts. 44 
 
 L.R.A.(N.S.) 220. 
 Suits to enjoin the bringing of ac- 
 tions. 44 L.R.A.(N.S.) 
 220. 
 Generally; civil actions. 44 
 
 L.R.A.(N.S.) 220. 
 Criminal actions. 44 L.R.A. 
 (N.S.) 222. 
 Suits for relief against unconsti- 
 tutional laws. 44 L.R.A. ( JSi .y. ) 
 225. 
 Suits against corporation of which 
 state is member. 44 L.R.A. ( N.S. ) 
 226. 
 Miscellaneous. 44 L.R.A. (N.S.) 227. 
 
 V. Claims against; indebtedness of. 
 
 § 13. Claims against. 
 
 Priority of claims by or against, see Pbiob- 
 IIY, § 3. 
 
 INDEX TO NOTES. 
 
 STATION AGENT. 
 
 As fellow servants. 52 L.R.A. (N.S.) 1105. 
 #-•-• 
 
 STATE COURTS. 
 
 See Courts, VII. b. 
 
 *—¥ 
 
 STATED ACCOUNT. 
 
 See Accounts, § 2. 
 
 STATE INSTITUTIONS. 
 
 § 1. Generally. 
 
 Conducting state fair or exposition as exer- 
 cise of governmental or private func- 
 tion respecting liability for injury to 
 patron. L.R.A.1915E, 469. 
 
 STATE MILITIA. 
 
 See Militia. 
 
 STATION. 
 
 Duty of carrier to passengers in relation to, 
 
 'see Carkieks, §§ 70, 72. 
 Governmental regulations concerning, see 
 
 Cakeibrs, §§ 161, 162. 
 Contract in relation to, see Railroads, § 27 
 
 STATUS. 
 
 Presumption and burden of proof as to, see 
 Evidence, § 22. 
 
 STATUTE OF FRAUDS. 
 
 See Contracts, II. g. 
 
 ♦ « » 
 
 STATUTE OF LIMITATIONS. 
 
 See Limitation of Actions. 
 
 ♦-•-♦ 
 
 STATUTE OF NONCLAIM. 
 
 See NONCLAIM. 
 
 4 » » 
 
 STATUTES. 
 
 I. In general, §§ 1, 8. 
 II. Enactment; validity, §§ 3— IS. 
 
 a. Enactment; adoption, §§ 3—7. 
 6. Validity generally, §§ 8—10. 
 
 d. Entitling; plurality of sub- 
 
 jects, §§ 13, 14:. 
 
 e. General and special; classifica- 
 
 tion, §§ 15— IS. 
 III. Construction; operation; effect, §§ 
 19-28. 
 
 a. In general, §§ 19-32. 
 
 b. Meaning of words; mandatory 
 
 or directory, §§ 23, 34. 
 
 c. Construction of penal statutes; 
 
 strict or liberal construction, 
 
 §§ 25, 20. 
 e. Prospective or retrospective, § 
 
 28. 
 IT. Amendment; re-enactment; repeal, 
 
 §§ 20-35. 
 a. Amendment; re-enactment, §§ 
 
 29, 30. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Extraterritorial enforcement of, see Con- 
 flict OF Laws. 
 
 Presumption as to, see Evidence, §§ 19, 20. 
 
 Pure food statutes, see Food. 
 
 Validity of ordinance on matters covered by 
 statute, see Municipal Corpokations, 
 § 25. 
 
 Regulation of speed of railroad trains by, 
 see Railroads, § 72. 
 
 Begin with tliis booTc on every law question. 
 
 § 2. Violation of. 
 
 Validity of contract in 
 Contracts, § 75. 
 
 violation of, see 
 
INDEX TO NOTES. 
 
 551 
 
 STATUTES, I.— cont'd. 
 
 Violation of statute by master as basis of 
 
 action, see Master and Sbibvant, S5 54 
 
 55. 
 Violation of, as negligence, see Negligence, 
 
 § 10. 
 Private action for violation of, see Private 
 
 Action, § 3. 
 Negligence of street railway company in 
 
 violation of, see Stkeet Kailways, § 
 
 11. 
 
 Violation of statute or ordinance by plain- 
 tiff as precluding recovery for negli- 
 gence in action by or against driver or 
 owner of automobile. L.R.A.1915E, 
 959. 
 
 'Violation of law by operator of automobile 
 as affecting defense of contributory neg- 
 ligence. L.R.A.1915D, 968. 
 
 //. Enactment; validity. 
 
 a. Enactment; adoption. 
 
 ■:§ 3. Generally. 
 
 Initiative and referendum, see Initiative, 
 Eefebendum, and Recall, § 1. 
 
 Passage of, as excuse for nonperformance of 
 contract, see Contracts, § 124a. 
 
 ■Enactment of ordinance, see Municipal 
 
 COEPOBATIONS, § 21. 
 
 § 3a. Necessity o£ enacting clause. 
 
 'In absence of constitutional provision re- 
 quiring an enacting clause. L.R.A. 
 1915B, 1060. 
 Under Constitution requiring an enacting 
 clause. L.R.A.1915B, 1060. 
 Doctrine that requirement is manda- 
 tory. L.R.A.1915B, lOGO. 
 Entire omission of enacting clause. 
 
 L.R.A.1915B, lOGl. 
 Failure to comply exactly with 
 constitutional requirements. 
 L.R.A.1915B, 1061. 
 Doctrine that requirement is directory. 
 L.R.A.1915B, 1063. 
 Entire omission of enacting clause. 
 
 L.R.A.1915B, 1064 
 Failure to comply exactly with 
 constitutional requirements. 
 L.R.A.1915B, 1064. 
 Doctrine of substantial compliance. 
 
 L.R.A.1915B, 1064. 
 Miscellaneous. L.R.A.1915B, 1065. 
 
 6. Validity generally. 
 
 ■'§ 8. Generally. 
 
 Necessity of enacting clause, see supra, § 3a. 
 Power to cure unconstitutional act by 
 
 amendment, see infra, § 30. 
 -Constitutionality of statute generally, see 
 
 Constitutional Law. 
 ■Curative acts, see Constitutional Law, § 
 
 9. 
 Presumption and burden of proof as to, see 
 
 Evidence, §§ 9, 10. 
 
 ■Consideration of extrinsic evidence to show 
 unconstitutionality of statute. 
 L.R.A.1915D, 458. 
 Consult also L.R.A. Digests to date. 
 
 STATUTES, II. \>— cont'd. 
 
 Health laws, etc. L.R.A.1915D, 459. 
 
 Statute commanding railroad to main- 
 tain a certain station. L.R.A. 
 1915D, 460. 
 
 Formation of counties. L.R.A.1915D, 
 461. 
 
 Miscellaneous matters. L.R.A.1915D, 
 461. 
 
 Views and explanations from the health 
 cases. L.E.A.1915D, 462. 
 Effect of removal of constitutional objec- 
 tions to a statute. 48 L.R.A. (N.S.) 349. 
 Deflniteness of statute establishing juvenile 
 
 courts. 45 L.R.A.(N.S.) 908. 
 
 § 9. Who may question validity. 
 
 Who may question validity of workmen's 
 compensation act. L.R.A.1916A, 412. 
 
 Who may question validity of the Torrens 
 Law. L.R.A.1916D, 42. 
 
 d. Entitling; plurality of subjects. 
 
 § 13. Generally. 
 
 Sufficiency of title of act as to licensing 
 
 automobiles. 52 L.R.A. (N.S.) 956. 
 Sufficiency of title of statutes in relation 
 
 to vinegar. 49 L.R.A. (N.S.) 1206. 
 Title of the Torrens Act. L.R.A.1916D, 20. 
 Validity of statute providing for attorney's 
 
 fee as affected by title to act. L.R.A. 
 
 1915E, 949. 
 
 e. General and special; classification. 
 
 § 15. Generally. 
 
 As to equal protection and privileges, see 
 Constitutional Law, VIII. b. 
 
 Statute establishing juvenile court as a 
 special or local law. 45 L.R.A. (N.S.) 
 911. 
 
 Statute licensing automobiles as local or 
 specific act. 52 L.R.A. (N.S.) 957. 
 
 The Torrens Law as special or local. L.R.A. 
 1916D, 20. 
 
 Statute requiring license to keep inn, hotel, 
 boarding or lodging house or restau- 
 rant as a special or local law. L.R..\. 
 1915B, 1101. 
 
 § 16. Municipal matters. 
 
 Constitutionality of commission form of 
 government. 51 L.R.A. (N.S.) 632. 
 
 ///. Construction ; operation; effect. 
 a. In general. 
 
 §19. Generally. 
 
 Construction and effect of statutes relating 
 to particular subjects, see Particular 
 titles, c. g., Limitation of Actions, 
 
 ETC. 
 
 Extraterritorial effect of, see Conflict of 
 Laws. 
 
 Construction of constitution, see Constitu- 
 tional Law, § 5. 
 
 Statutory authority as defense to liability 
 for maintaining nuisance, see Nuisan- 
 ces, § 28. 
 
552 
 
 INDEX TO NOTES. 
 
 STATUTES, III. a,— cont'd. 
 
 Statute as to effect of intent not to pay for 
 goods purchased. 44 L.R.A. (N.S.) 25. 
 
 Scope and effect of statutes making compe- 
 tent entries, memoranda, and declara- 
 tions of a deceased person. 44 L.R.A. 
 (N.S.) 28. 
 
 Violation of statute in relation to blocking 
 railroad crossing as affecting liability 
 for injury. 47 L.R.A. (N.S.) 820. 
 
 Construction of statutes as to exemption 
 from inheritance or succession taxes. 
 48 L,E.A.{N.S.) 373. 
 
 6. Meaning of words; mandatory or 
 directory. 
 
 § 23. Generally. 
 
 Who is a peddler or hawker within statu- 
 tory regulations. L.R.A.1916B, 1293. 
 
 Hand ear as a car within statute. L.R.A. 
 1915A, 817. 
 
 Who is a negro, mulatto, or a person of 
 color within statute not specifically de- 
 fining the same. L.R.A.1915A, 828. 
 
 c. Construction of penal statutes; strict 
 or liberal construction. 
 
 § 25. Generally. 
 
 Hours of service laws as penal statutes. 
 L.R.A.1915D, 408. 
 
 § 26. Strict or liberal construction. 
 
 Liberal or strict construction -of Federal 
 employers' liability act. 47 L.R.A. 
 (N.S.) 45; L.R.A.1915C, 48. 
 
 Strict or liberal construction of workmen's 
 compensation acts. L.R.A.1916A, 215. 
 
 e. Prospective or retrospective. 
 
 § 28. Generally. 
 
 Constitutionality of retrospective act, see 
 Constitutional Law, IV. 
 
 Retroactive effect of statutes relative to 
 employers' liability for injuries to 
 servants. 44 L.R.A. (N.S.) 841. 
 Retroactive operation of Federal employers' 
 liability act. 47 L.R.A. (N.S.) 45; 
 L.R.A.1915C, 48. 
 Retroactive effect of workmen's compensa- 
 tion acts. L.R.A.1916A, 216. 
 Retrospective operation of succession tax. 
 
 44 L.R.A.(N.S.) 419. 
 Effect of Webb-Ivenyon Act on statutes en- 
 acted before its passage. L.R.A.1916G, 
 309. 
 Applicability to existing purchaser, of 
 changes in law relating to redemption 
 from judicial sales. L.R.A. 1915C, 414. 
 Statute changing time allowed for appeal 
 or writ of error as affecting pend- 
 ing action. 51 L.R.A. (N.S.) 760. 
 Determination complained of rendered 
 after statute took effect. 51 L.R.A, 
 (N.S.) 761. 
 Determination complained of rendered 
 before statute took effect. 51 
 L.R.A.(N.S.) 761 
 
 STATUTES, III. ^cont'd. 
 
 Statute shortening time. 51 
 L.R.A.(N.S.) 761. 
 As affected by reasonableness 
 of time. 51 L.R.A. (N.S.) 
 764. 
 Statute extending time. 51 L.R.A. 
 (N.S.) 767. 
 Where time under former stat- 
 ute had not expired M'hen 
 new statute took effect. 
 51 L.R.A.(N.S.) 767. 
 Where time under former stat- 
 ute had expired before 
 new statute took effect. 
 51 L.R.A.(N.S.) 768. 
 
 IT. Amendment; re-enactment; repeal. 
 
 a. Amendment; re-enactment. 
 
 §§ 29, 30. Generally. 
 
 Necessity of re-enacting statute after re- 
 moval of constitutional objections 
 thereto. 48 L.R.A. (N.S.) 349. 
 
 STATUTORY REMEDY. 
 
 Exclusiveness of, see Election of Reme- 
 dies, § 12. 
 
 STAY. 
 
 On appeal, see Appeal and Ekkok, §§ 9, 46. 
 Liabilitj- on appeal bond, see Appeal and 
 
 Ekeoe, § 46. 
 Of execution of sentence for crime, see 
 
 Criminal Law, § 84. 
 
 STEALING. 
 
 See Lakceny. 
 
 STEAM. 
 
 Frightening of horse by blowing off of 
 steam by railroad company operating 
 trains longitudinally along public 
 street. 49 L.R.A. (N.S.) 677. 
 
 STEAMBOATS. 
 
 See Shipping. 
 
 Begin with this JtooTc on every law question. 
 
 STEAMSHIP COMPANY. 
 
 Service of process on, bv delivery to ticket 
 agent. L.R.A.1916F, 453. 
 
INDEX TO NOTES. 
 
 STEIfOGRAFHCR. 
 
 § 1. Generally. 
 
 Unauthorized presence of stenographer in 
 grand, jury room as affecting indict- 
 ment. L.K.A.1916D, 1123. 
 
 STEPCHILDREN AND STEP-PAR- 
 ENTS. 
 
 Stepchild as beneficiary under contract of 
 benefit association. L.R.A.1916B, 905. 
 
 Statutory right of action for death of step- 
 parents. L.R.A.1916E, 130. 
 
 STEPS. 
 
 Municipal liability for injury by steps in 
 street. 43 L.R.A.(N.S.) 1158. 
 
 Steps extending beyond line as violation of 
 building restriction. 52 L.R.A. (N.S.) 
 1050. 
 
 STEVEDORE. 
 
 Jurisdiction of admiralty over suit for in- 
 jury to. 51 L.R.A.(N.S.) 1157. 
 
 STICKS. 
 
 Master's liability for injury by defects in. 
 51 L.R.A.(N.S.) 338. 
 
 « ■ » 
 STIFLING COMPETITION. 
 
 See Monopoly and Combinations. 
 
 « ■ » 
 
 STIPULATED DAMAGES. 
 
 See Damages, III. b, 5. 
 
 ♦ «» 
 
 STIPULATION. 
 
 Limiting liability of common carrier, sea 
 
 Caeeiees, §§ 91, 128-135. 
 In telegraph blank, see Telegeaphs, § 21. 
 
 Fraud or perjury as ground of attack upon 
 a judgment entered upon stipulation 
 or compromise. 45 L.R.A. (N.S.) 1159. 
 
 STOCK— co»i'd. 
 
 In building and loan association, see Build- 
 ing AND Loan Association, § 3. 
 
 Corporate stock generally, see Cobpoba- 
 TI0.\S, VIII. 
 
 « ■ » 
 
 STOCK CERTIFICATES. 
 
 See Cobpokations, VIII. 
 
 ♦-•-♦ 
 
 STOCK DIVIDENDS. 
 
 Right to, as between life tenant and re- 
 mainderman, see Life Tenants, § 6. 
 In general, see Coepokations, § 100. 
 
 *»* 
 
 STOCKHOLDERS. 
 
 See CoHPOEATiONS, VIII. 
 
 ♦-•-♦ 
 
 STOCKHOLDERS' LIABILITIES. 
 
 See Coepokations, VIII. c. 
 
 4 » » 
 
 STOCKMEN. 
 
 See Deovees. 
 
 STOCK RAISERS. 
 
 Combination among, as a monopoly. 44 
 L.R.A.(N.S.) 1104. 
 
 STOCK RIGHTS. 
 
 See CoEPOEATioNS, §§ 100-102; Life Ten- 
 ants, § 6. 
 
 #« » 
 
 STOCK. 
 
 Livestock, see Animals; Raileoads, §§ 73, 
 85. 
 Consult also L.R.A. Digests to date. 
 
 STOCK TRANSFER TAX. 
 
 See Taxes, § 107. 
 
 4 • * 
 
 STOCKYARDS. 
 
 § 1. Generally. 
 
 On railroad right of way as separate sub- 
 jects of taxation. L.R.A.1916E, 416. 
 
 STOLEN PROPERTY. 
 
 § 1. Generally. 
 
 As to larceny generally, see liAEOENT. 
 
554 
 
 INDEX TO NOTES. 
 
 STOLEN PROPERTY— ccOTiU 
 
 Validity and enforceability of contract to 
 compensate the owner of property stol- 
 en in absence of duress or agreement, 
 express or implied, to stifle prosecution. 
 L.R.A.1915E, IS'J. 
 
 § Z. Commercial paper. 
 
 P.ight to recover on a bill or note stolen 
 before delivery. L.R.A.1915E, 351. 
 In general. L.R.A.1915E, 351. 
 Rights of bona fide holders. L.R.A. 
 1915E, 352. 
 Under negotiable instruments law. 
 L.R.A.1915E, 355. 
 
 STONE. 
 
 Right to stone upon railroad right of way 
 as between company and fee owner. 45 
 
 L.R.A.(N.S.) 800. 
 
 STOOL. 
 
 Master's liability for injury by defects in. 
 51 L.R.A.(KS.) 339. 
 
 STOP, LOOK, AND LISTEN. 
 
 Duty to, before crossing railroad track, see 
 Railroads, §§ 83, 84. 
 
 STOPPING PAYMENT. 
 
 Of check, see Banks, § 25a. 
 
 STOPPING TRAINS. 
 
 Right to require, see Cabbieks, § 162. 
 
 STORAGE. 
 
 Cold storage, see Cold Stobage. 
 In warehouse, see Waeehousemen. 
 
 Of explosives as nuisance. 
 . 015. 
 
 L.R.A.1915A, 
 
 STOREKEEPER. 
 
 STORES. 
 
 Validity of statute or ordinance requiring: 
 closing of, at certain hours. L.R.A.. 
 1916A, 654. 
 
 STORM. 
 
 Liability of railroad company to employees 
 for injuries caused by defects in road- 
 bed caused or accompanied by rainfall. 
 49 L.R.A. (N.S.) 198. 
 
 STRAIGHT LINE METHOD. 
 
 Of treatment of depreciation in estimating: 
 return of a public service corporation, 
 for rate-inaking purposes. 52 L.R.A. 
 (N.S.) 33. 
 
 STREAMS. 
 
 See Waters. 
 
 STREET CARS. 
 
 Injury by, see Steeet Railways, IV. 
 
 4 ■ » 
 
 STREET CAR TRANSFER. 
 
 See Cabriebs, § 27. 
 
 STREET CLEANING. 
 
 As a governmental function. L.R.A.1915C,. 
 
 741. 
 
 STREET FRANCHISE. 
 
 See Highways, IV. d, 3. 
 
 g 1. Duty and liability towards cus- 
 tomers. 
 
 Duty toward customer as to condition of 
 premises. L.R.A.1915r, 572. 
 Begin xcifh this hooU on every law question 
 
 STREET RAILIVAYS. 
 
 /. In general, §§ 1, 3. 
 II. Franchises; construction; munici- 
 pal control over, §§ 3—6. 
 
 a. In general, §§ 3, -t. 
 
 h. Municipal control over, §§ 5,- 
 6. 
 IT. Operation, §§ S-34. 
 
 b. Duty and care of company, §§ 
 10-19. 
 
 u. Contributory negligence, §§■ 
 20-23. 
 
INDEX TO NOTES. 
 
 555 
 
 STREET RAILWAYS— cont'd. 
 I. In general. 
 
 § 1. Generally. 
 
 As carriers, see Cabkiers. 
 
 Regulation of rates, see Cakeiers, V. c. 
 
 Compensation to be paid to, upon taking 
 its plant, see Damages, § 82. 
 
 Assessment against, for local improvements, 
 see Public Impbovements, § 22. 
 
 Valuation of property of, see Public Serv- 
 ice COEPQEATIONS, § 5. 
 
 Return of, see Public Service Corpora- 
 tions, § 6. 
 
 See also Electric Railways; Elevated 
 Railroads ; Intebueban Railroads ; 
 SuEVTAT Railroads. 
 
 Power of municipality to assume part or all 
 of burden of adapting street or bridg- 
 es for street railways. 50 L.R.A. (N.S.) 
 143. 
 
 Right of street railway corporation to 
 challenge powers or privileges of rival. 
 L.R.A.1916B, 1087. 
 
 Liability of street railway company for 
 damages in removing obstructions 
 from its tracks. 43 L.R.A. (N.S.) 126. 
 
 Applicability of commerce clause or stat- 
 utes thereunder to. 46 L.R.A. (N.S.) 
 385. 
 
 II. Franchises ; construction; tnunicipal 
 control over. 
 
 a. In general. 
 
 § 3. Generally. 
 
 As additional servitude in street, see Emi- 
 nent Domain, V. 
 
 Treatment of franchises in valuation of 
 property of. 48 L.R.A. (N.S.) 1063. 
 
 Incorporation of territory into municipality 
 as aifecting prior rights to use high- 
 way. 47 L.R.A.(N.S.) 608. 
 
 Right of railroad company to compensation 
 for the crossing of its tracks, where it 
 intersects a street or highway, by an 
 electric road. L.R.A.1915D, 843. 
 
 § 4. Rights of abutting owner. 
 
 As additional b\irden in street, see Eminent 
 Domain, § 57. 
 
 6. Municipal control over. 
 
 § 5. Generally. 
 
 Power to prohibit or restrict smoking in 
 street cars. 51 L.R.A. (N.S.) 562. 
 
 IT. Operation. 
 
 J). Duty and care of company. 
 
 § 10. Generally. 
 
 Duty to passengers, see Caeeiebs. 
 
 Liability for negligence as to dangerous 
 electric currents on wires, see Elec- 
 tricitt, III. 
 
 Liability for injury due to defect in high- 
 way, see Highways, § 89. 
 Consult also L.R.A. Digests to date. 
 
 STREET RAILWAYS, IV. h— cont'd. 
 Liability for injuries by frightening horse, 
 
 see Horses, § 11. 
 Injury to employee of, see Master and 
 
 Seevant, III. 
 
 Res ipsa loquitur in action for injury to 
 person on highway, otherwise than by 
 collision. 43 L.R.A. (N.S.) 599. 
 Duty as to equipping oars so as to avoid or 
 minimize injury to persons or animals 
 on or near track. L.R.A.1915A, 746. 
 Electric railways. L.R.A.1915A, 746. 
 Duty generally. L.R.A.1915A, 746. 
 Fenders, pilots, or safety guards. 
 L.R.A.1915A, 748. 
 Dutv to complv with statute or or- 
 
 "dinance. 'L.R.A.1915A, 749. 
 Duty as question for jury. L.R.A. 
 1915A, 752, 
 Brakes. L.R.A.191oA, 753. 
 Sand and sand boxes. L.R.A.19lo.\. 
 
 755. 
 Miscellaneous appliances. L.R.A. 
 
 1915A, 755. 
 Horse cars. L.R.A.1915A, 756. 
 Liability of street railway company to one 
 hit by swing of oar at curve. L.R.A. 
 1915C, 804. 
 Liability of street railway for injury to one 
 other than passenger struck by object 
 hurled by car. L.R.A.1915B, 1111. 
 
 § 11. Violation of ordinance. 
 
 Duty to comply with statute or ordinance 
 as to equipping cars so as to minimize 
 danger of injury to persons on or near 
 track. L.R.A.1915A, 749. 
 
 Liability for injury to pedestrian or person 
 waiting for car in consequence of car- 
 rying passengers on platform or run- 
 ning board. 45 L.R.A. (N.S.) 269. 
 
 § 18. Injuries by street car collisions 
 with vehicles or horses. 
 
 Right of way as between street car and ve- 
 hicle at point where streets bisect 
 or intersect. 49 L.R.A.(N.S.) 505. 
 
 Rules at ordinary street crossings. 49 
 L.R.A.(N.S.) 505. 
 
 Where passing from one side of street 
 to another at crossing. 49 L.R.A. 
 (N.S.) 510. 
 
 Where streets are not exact continua- 
 tions. 49 L.R.A.(N.S.) 511. 
 
 Where street runs into, but does not 
 cross, that on which tracks are 
 laid. 49 L.R.A. (N.S.) 512. 
 
 Effect of ordinances and customs. 49 
 L.R.A.(N.S.) 512. I 
 
 c. Contributory negligence. 
 
 § 20. Generally. 
 
 Violation of statute or ordinance by plain- 
 tiff as precluding recovery for negli- 
 gence in action by driver or owner of 
 automobile. L.R.A.1915E, 960. 
 
 Contributory negligence of one other than 
 passenger struck bv object hurled by 
 car. L.R.A.1915B, 1114. 
 
 In case of fright of horse by street car. 48 
 L.R.A.(N.S.) 823. 
 
556 
 
 INDEX TO NOTES. 
 
 STREET RAILWAYS, IV. c— cont'd. 
 
 Right of way as between street car and ve- 
 hicle at point where streets bisect or 
 intersect. 49 L.R.A.(N.S.) 505. 
 
 Liability for injuries to one blinded by head- 
 light. 48 L.E.A.(X.S.) 827. 
 
 STREETS. 
 
 See Highways. 
 
 STRICT CONSTRUCTION. 
 
 Of statute, see Statutes, § 26. 
 
 » ■ » 
 
 STRICT FORECLOSURE. 
 
 See MOETGAQE, VII. g. 
 
 SUBCONTRACTORS— comi'd. 
 As proper party to bring suit, see Pai 
 § 14. 
 
 Language used by owner or other perse 
 tereated in construction of buildiu] 
 porting a promise to pay a su 
 tractor as a promise to answer fo 
 debt or default of another. 5 B. 
 96. 
 
 SUBJACENT SUPPORT. 
 
 Express agreements or covenants for. 
 L.R.A.(N.S.) 474. 
 
 SUBLEASE. 
 
 See Landloed and Tenant, § 38. 
 
 STRIKE. 
 
 In general, see Conspiracy, §§ 6, 8. 
 
 Constitutionality of statute requiring one 
 advertising for help during strike to 
 mention its existence. 49 L.R.A. (N.S.) 
 879. 
 
 STRONG BOX. 
 
 What passes under bequest of contents of. 
 L.R.A.1915C, 661. 
 
 SUBORDINATE LODGE. 
 
 Waiver by ofBcer of, of forfeiture for 
 payment of assessments. L.R.A.19 
 152. 
 
 SUBORNATION. 
 
 Of perjury, see Pebjuey. 
 ' ■♦ « » 
 
 STRUCTURES. 
 
 Restrictive covenants as to, see Covenants 
 AND Conditions. 
 
 STUPOR. 
 
 As affecting testamentarv capacity. L.R.A. 
 1915A, 452. 
 
 SUBAGENT. 
 
 Power of real estate broker to employ. 
 L.R.A.(N.S.) 796. 
 
 43 
 
 SUBROGATION. 
 
 SUBCONTRACTORS. 
 
 Rights of, under contractors' bonds, see 
 
 Bonds, § 10. 
 Lien of, see Mechanics' Liens, VI. 
 
 Begin with this hoolc on every law question 
 
 § 1, Generally, 
 
 Of insurer, or to rights against insurer, 
 
 INSXIBANCE, § 195. 
 
 Right of one whose securities have 1 
 pledged to bank, to secure a loai 
 another, to be subrogated to the ba 
 lien on latter's deposit and coUatf 
 43 L.R.A.(N.S.) 197. 
 
 § Z. Of one discharging debt, lien 
 encumbrance generally. 
 
 Right of one advancing money to pay c 
 lieu or encumbrance, upon secu 
 which proves defective, to be su 
 gated to such lien or encumbrance. 
 L.R.A.(N.S.) 1049; 50 L.R.A.(N 
 489. 
 
 § 4, As to mortgages. 
 
 Subrogation of insurer to rights of m 
 gagee, see Insukance, § 197. 
 
 Right to subrogation to lien of mortg 
 for money advanced to pay the si 
 on defective security. 46 L.R.A. (N 
 1049,; 50 L.R.A.(N.S.) 489. 
 
 Subrogation to discharge mortgage in fa 
 of assignee of equity of redempt 
 who pays, as against junior lien. 
 L.R.A.(N.S.) 1190. 
 
INDEX TO NOTES. 
 
 557 
 
 SUBROGATION— comCd. 
 § 5. Of surety. 
 
 Eight of sureties of public officer wlio made 
 good a loss occasioned by their prin- 
 cipal's default or misconduct to be sub- 
 rogated to the rights of the obligee or 
 beneficiary of the bond against a third 
 person. 46 L.E.A.(N.S.)557. 
 
 § 6. To rights of surety. 
 
 Eight of obligee to be sxibrogated to securi- 
 ty held by surety. L.R.A.lfllOC, 
 
 1062. 
 Generally. L.R.A.1916C, 1062. 
 Knowledge of creditor. L.R.A.1016C, 
 
 1069. 
 Security a trust. L.R.A. 191(30, 1070. 
 insolvency of parties. L.R.A.1916C, 
 
 1073. 
 Indemnity of surety. L.E.A.1910C, 
 
 1075. 
 Release of security. L.R.A.1916C, 
 
 1079. 
 Assignment. L.R.A.1916C, 1082. 
 
 To creditor. L.R.A.1916C, 1082. 
 
 To other parties. L.R.A.1916C, 
 1082. 
 Discharge of surety. L.R.A.1916C, 
 
 1082. 
 Statute of limitations. L.R.A.1916C, 
 
 1083. 
 English cases. L.R.A.1916C, 1085. 
 
 § 8. To tax lien. 
 
 Right of one who voluntarily advances 
 money to pay the taxes on property of 
 another to be subrogated to the rights 
 of the public. L.R.A.1915D, 697. 
 
 § 9. As to judgments. 
 
 Subrogation upon payment of judgment as 
 extending to lien on after-acquired 
 property. 43 L.R.A.(N.S.) 614. 
 
 SUBSCRIBING 'WITNESSES. 
 
 See Attesting Witness. 
 
 < ■ » 
 
 SUBSCRIPTION. 
 
 To stock of corporations, see Corpoeations, 
 
 VIII. b. 
 To will, see Wills, §§ 20-24. 
 
 For salary of pastor. 52 L.R.A.(N.S.) ]72. 
 Validity and enforceability of subscription 
 for charity. 48 L.R.A.(N.S.) 783. 
 Generally. 48 L.R.A.(N.S.) 784. 
 The question of consideration. 48 
 L.R.A.(N.S.) 785. 
 Gratuitous subscriptions not acted 
 on by promisee. 48 L.R.A. 
 (N.S.) 785. 
 Subscriptions acted on by prom- 
 isee. 48 L.R.A.(N.S.) 
 787. 
 Rule stated. 48 L.R.A. (N.S.) 
 787. 
 Consult also L.R.A. Digests to date. 
 
 SUBSCRIPTION— corat'd. 
 
 Sufficiency of acts to consti- 
 tute legal considera- 
 tion under this rule. 
 48 L.R.A.(N.S.) 792. 
 "Accomplishment of the 
 object." 48 L.R.A. 
 (N.S.) 792. 
 Erection of buildings. 
 48 L.R.A.(N.S.) 793. 
 Securing additional sub- 
 scriptions. 48 L.R.A. 
 (N. S.) 794. 
 Acceptance of conditional 
 subscriptions. 48 
 
 L.R.A. (N.S.) 795. 
 Location of institution. 
 48 L.R.A. (N.S.) 796. 
 Miscellaneous acts. 48 
 L.R.A. (N.S.) 797. 
 Mutual subscriptions. 48 L.R.A. 
 (N.S.) 798. 
 Death or insanity of subscriber as re- 
 voking subscriptions. 48 L.E.A. 
 (N.S.) 801. 
 Subscriptions made on Sunday. 48 
 
 L.R.A.(N.S.) 802. 
 Conditional subscriptions. 48 L.R.A. 
 (N.S.) 802. 
 Duty to comply with conditions 
 upon acceptance. 48 L.R.A 
 (N.S.) 802. 
 What amounts to a substantial 
 compliance. 48 L.R.A. 
 (N.S.) 803. 
 Condition that a certain total 
 amount be "raised" or 
 "subscribed." 48 L.R.A. 
 (N.S.) 803. 
 Other conditions. 48 L.R.A. 
 
 (N.S.) 804. 
 Time for compliance, when 
 not prescribed. 48 L.R.A. 
 (N.S.) 805. 
 Effect of noncompliance. 48 
 L.R.A(N.S.) 805. 
 Actions on subscriptions. 48 L.R.A. 
 (N.S.) 807. 
 Pleadings and proof. 48 L.R.A. 
 
 (N.S.) 807. 
 Parties. 48 L.K.A.(N.S.) 808. 
 As depending on nature of 
 contract. 48 L.R.A. 
 
 (N.S.) 808. 
 When payee named. 48 
 L.R.A. (N.S,) 808. 
 Theory of express prom- 
 ise to pay him. 48 
 L.R.A. (N.S.) 808. 
 Theory of express trust. 
 48 L.R.A.(N.S.) 809. 
 Theory that beneficiary 
 may sue. 48 L.R.A. 
 (N.S.) 810. 
 When no payee named. 48 
 L.R.A.(N.S.) 810. 
 Special defenses. 48 L.R.A. (N.S.) 
 811. 
 Abandonment of enterprise. 
 
 48 L.R.A.(N.S.) 811. 
 Fraud. 48 L.R.A. (N.S.) 81].. 
 
558 
 
 INDEX 10 NOTES. 
 
 SUBSCRIPTION— cowi'd. 
 
 Misappropriation or diversion 
 
 of fund. 48 L.R.A. 
 
 (N.S.) 812. 
 Statute of frauds. 48 L.R.A. 
 
 (N.S.) 813. 
 Miscellaneous defenses. 48 
 
 L.R.A.{N.S.) 813. 
 Evidence. 48 L.R.A. (N.S.) 813. 
 Burden of proof. 48 L.R.A. 
 
 (N.S.) 813. 
 Admissibility. 48 L.R.A. 
 
 (N.S.) 814. 
 
 SUBSIDIABY CONTRACTS. 
 
 Conflict of laws as to subsidiary contracts 
 with Insurance company. 52 L.R.A. 
 (N.S.) 281. 
 
 SUBSIDY. 
 
 Power of chamber of commerce or board of 
 trade to subsidize enterprises. L.R.A. 
 1916B, 1009. 
 
 SVBSTANTIAIi PERFORMANCE. 
 
 Of contracts, see CJoktracts, § 129. 
 
 ♦-•-• 
 
 SUBSTITUTE CONVEYANCES. 
 See Deeds, § la; Taxes, § 81. 
 
 •-•-♦ 
 
 SUBSTITUTED SERVICE. 
 See Wbit and Process, II. b. 
 
 SUBTERRANEAN AVATERS. 
 
 See Watebs, II. 1. 
 
 4 » » 
 
 SUBAVAY. 
 
 Tax or assessment for public improvement 
 on subway forming part of highway. 
 44 L.R.A.(N.S.) 837. 
 
 SUBAVAY RAILROAD. 
 
 As additional burden in street. L.R.A. 
 
 1915F, 1005. 
 Iniury by crush in entering car at subway 
 
 station. 51 L.R.A. (N.S.) 1152. 
 
 SUCCESS. 
 
 Validity of agreement by, which compensi 
 tion is dependent on success in proeu 
 ing contract with public officer or boan 
 L.R.A.1915C, 823. 
 
 SUCCESSION TAX. 
 
 See Taxes, VI. 
 
 SUCCESSOR. 
 
 Liability of successor of railroad eompan 
 for damages to abutting property froi 
 construction of road in street. L.R.i 
 1915D, 397. 
 
 #»» 
 
 SUDDEN EMERGENCY. 
 
 See Emekgency. 
 
 SUFFRAGE. 
 
 Right of, see Elections, I. 
 ♦-•-♦ 
 
 SUICIDE. 
 
 Of insured, see Insd-banoe, §§ 170, 171. 
 
 Evidence of declarations of intent to con 
 
 mit. L.R.A.1916B, 819. 
 Civil liability for causing. 47 L.R.i 
 
 (N.S.) 1009. 
 As affecting abatement of action or caus 
 
 of action. L.R.A.1916A, ll4l. 
 As evidence of testamentary incapacity 
 
 L.R.A.1915A, 463. 
 Applicability of workmen's compensation ac 
 
 where insane worlanan commits suicid( 
 
 L.E.A.1916A, 339. 
 Effect of suicide of person wounded, o 
 
 criminal responsibility for death. 5 
 
 L.R.A.(N.S.) 881. 
 
 SUIT MONEY. 
 
 In divorce suit, see Divorce and Sepab,; 
 
 TIO.\, V. 
 
 SUMMARY PROCEEDINGS. 
 
 Right of receiver to take property froi 
 possession of stranger through sun 
 mary proceedings. 47 L.R.A. (N.S. 
 744. 
 
 Begin with this Itook. on everij law question. 
 
INDEX TO NOTES. 
 
 539 
 
 SUMMONS. 
 
 See Writ and Process. 
 
 SUNDAY. 
 
 § 1. Generally. 
 
 Amusements on, see Amusements. 
 
 Rule as to, in computing time, see Time, § 
 
 in. 
 
 § 3. Judicial proceedings on. 
 
 Cliargiiig jury on Sunday. L.R.A.IWSD, 
 
 :161. 
 Further instructions where case was 
 
 submitted to jury before Sunday. 
 
 L.E.A.1915D, 363. 
 Writs of inquiry and inquests. L.R.A. 
 
 1915D, 364. 
 
 § 4. Contracts. 
 
 Validity and enforceability of subscrip- 
 tion for charity made on Sunday. 48 
 L.R.A. (N.S.) 802. 
 
 Effect of appointing agent on Sunday. 43 
 ]>.R.A.(X.S.) UO. 
 
 Retention of consideration as defeating de- 
 fense that contract was made on 
 Sunday. 44 L.R.A. (N.S.) 289. 
 .\3 a condition precedent. 44 L.R.A. 
 
 (X.S.) 289. 
 -\s a ratification. 44 L.R.A. (N.S.) 
 289. 
 
 Judgment entered upon warrant of attorney 
 in contract made on Sunday. 44 
 L.R.A.(N.S.) 727. 
 
 Question as to legality of contract for trans- 
 mission of death message on Sunday 
 where recovery for mental anguish be- 
 cause of negligence in transmission is 
 sought. 49 L.R.A.(N.S.) 266. 
 
 Liability for damage to, or conversion of, 
 property leased or hired in violation of 
 Sunday law. L.R.A.1915F, 644. 
 
 § 5. I<abor on. 
 
 Publication and sale of newspaper on Sun- 
 day. L.R.A.1916C, 1151. 
 
 § 6. — work of necessity. 
 
 Publication and sale of newspaper. L.R.A. 
 1916C, 1151. 
 
 SUN STROKE. 
 
 Kisk covered by insurance against. L.K.A. 
 1916E, 957. 
 
 SUPERINTENDENCE. 
 
 SUPERINTENDENT. 
 
 Injury to servant through negligence of, 
 see Master and Servant, III. d, 3. 
 
 SUPERIOR EMPI.OYEES. 
 
 See Master and Servant, III. d, 3. 
 
 •-•-♦ 
 
 SUPERSEDEAS. 
 
 On appeal, see Appeal and Error, IV. f; 
 XI. 
 
 SUPERVISING EMPI.OYEES. 
 
 As fellow servants, see Master and Serv- 
 ant, III. d, 3. 
 
 SUPPLEMENTAL PLEADING. 
 
 See Pleading, § 12. 
 
 SUPPORT. 
 
 /. In general, §§ 1, 2. 
 II. Contract for, §§ 3—5. 
 III. Of building or land, § 6. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Of child, see Divorce and Separation, § 
 57; Infants, §§ 11, 13. 
 
 Of wife generally, see Divorce and Separa- 
 tion, V; Husband and Wife, §§ 7-10, 
 21, 71. 
 
 Allowance for widow's support, see Execu- 
 tors AND Administrators, § 55. 
 
 Of incompetent persons, see Incompetent 
 Persons, § 17. 
 
 Of parent or adult child, see Parent and 
 Child, § 9. 
 
 Of pauper, see Poor and Poor Laws, § 4. 
 
 Failure to furnish support as ground of 
 divorce or separation. 43 L.R.A. (N.S.) 
 255. 
 
 //. Contract for. 
 
 § 3. Generally. 
 
 Undue influence in conveyance or transfer 
 
 of property in consideration of svipport 
 
 of third person. 52 L.R.A. (N.S.) 476. 
 
 Contract to support for life as within atat- 
 
 Treatment of e.xpense of, in public service ute of frauds as to contracts not to be 
 
 property valuations. 48 L.R.A. (N.S.) ' performed within a year or the lifetime 
 
 1040. ' ' of the promisor. L.R.A.1915E, 503. 
 
 Cons\dt also L.R.A. Digests to date. 
 
500 
 
 INDEX TO NOTES. 
 
 SUPPORT, II.— cont'd. 
 g 4. Of grantor. 
 
 Applicability of succession tax to property 
 conveyed, or agreed to be conveyed, in 
 support of grantor during his life. 52 
 L.R.A.(N.S.) 211. 
 Undue influence in conveyance or transfer 
 of property in consideration of support 
 of the grantor. 52 L.R.A.(N.S.) 476. 
 Relief of grantor in conveyance in con- 
 sideration of agreement to sup- 
 port, which is broken by grantee. 
 43 L.R.A.(N.S.) 916. 
 As affected by peculiar character of 
 
 contract. 43 L.R.A.(N.S.) 917. 
 Where contract expressly creates an 
 estate upon condition. 43 
 L.R.A.(N.S.) 918. 
 Words necessary to create estate. 
 43 L.R.A.{N.S.) 919. 
 Doctrine of implied conditions. 43 
 
 L.R.A.(N.S.) 919. 
 Relief in equity as affected by remedy 
 at law. 43 L.R.A.(N.S.) 923. 
 Adequacy of remedy in general. 
 
 43 L.R.A.(N.S.) 923. 
 As affected by continuing char- 
 acter of breach. 43 
 L.R.A.(N.S.) 924. 
 Uncertainty as to damages 
 recoverable. 43 L.R.A. 
 924. 
 Mutiplicity of suits. 43 
 L.R.A.(N.S.) 924. 
 Equitable relief on ground of fraud. 
 43 L.R.A.(N.S.) 924. 
 Effect and necessity of fraud. 43 
 L.R.A.(N.S.) 924. 
 Doctrine of fraud in inception 
 of contract. 43 L.R.A. 
 (N.S.) 925. 
 Doctrine that retention of 
 property and refusal to 
 perform constitute fraud. 
 43 L.R.A.(N.S.) 926. 
 Trust doctrine as ground for equitable 
 
 relief. 43 L.R.A. (N.S.) 926. 
 Failure of consideration as ground. 
 
 43 L.R.A.(N.S.) 926. 
 Equitable relief when no ground is 
 
 stated. 43 L.R.A. (iN[.S.) 927. 
 Necessity of demand for support. 43 
 
 L.R.A. (S.S.) 927. 
 Effect of partial performance. 43 
 L.R.A.(N.S.) 928. 
 Death of grantee. 43 L.R.A. 
 
 (N.S.) 928. 
 Where breach is not substantial. 
 43 L.R.A.(N.S.) 929. 
 Contract as creating lien on the land. 
 
 43 L.R.A. (N.S.) 929. 
 Right of grantor to sue at law. 43 
 
 L.R.A.(N.S.) 930. 
 Miscellaneous remedies. 43 L.R.A. 
 (N.S.) 930. 
 Specific performance of contract to leave 
 property in consideration of. 44 L.R.A. 
 (N.S.) 733. 
 
 SUPPORT— comfd. 
 
 ///. Of building or land. 
 
 § 6. Generally. 
 
 Lateral support, see Lateral Sbppoet. 
 Subjacent support, see Subjacent Stippgkt, 
 
 Effect of destruction of building to termi- 
 nate adjoining owner's easement of 
 support. 46 L.R.A.(N.S.) 1021. 
 
 SUPPRESSION OF COMPETITION. 
 
 See Competition. 
 
 Do 
 
 SURETY COMPANIES. 
 
 companies guarantying performance of 
 contracts constitute insurance com- 
 panies. 47 L.R.A.(N.S.) 295. 
 
 SURETYSHIP. 
 
 See Principal and Sueett. 
 
 SURFACE. 
 
 Right of owner or lessee of mineral in place 
 as to use of. 48 L.R.A. (N.S.) 883. 
 
 SURFACE SUPPORT. 
 
 See Subjacent Support. 
 
 SURFACE WATERS. 
 
 See Waters, II. i. 
 
 SURGEONS. 
 
 See Physicians and Surgeons. 
 
 SURGICAL OPERATIONS. 
 
 See Physicians and Surgeons, III. 
 
 See Name. 
 
 SURNAME. 
 
 SURPLUS. 
 
 Begin with this hook on every law question. 
 
 On foreclosure, see Moetgage, § 83. 
 
INDEX TO NOTES, 
 SURPLUSAGE. 
 
 In indictment, see Indictment, etc., § 8a. 
 « » » 
 
 561 
 
 SURPRISE. 
 
 A.I ground for relief from judgment, see 
 Judgment, § 94. 
 
 SURRENDER. 
 
 § 1. Generally. 
 
 Of fugitive from justice, see Extradition. 
 Of insurance policy, see Insubance, § 53. 
 
 SUSPICION. 
 
 Voluntariness of confession made under. 50 
 L.R.A.(N.S.) 1077. 
 
 ♦ « » 
 
 SURRENDER VALUE. 
 
 Of policy, see Instjkance, § 57. 
 
 < ■ » 
 
 SURROGATE. 
 
 Jurisdiction of, see Coubts, § 34. 
 *«» 
 
 SURVEYOR GENERAL. 
 
 Power of courts to enforce ministerial du- 
 ties of state surveyor general. 52 
 L.K.A.(N.S.) 443. 
 
 SURVIVAL. 
 
 Of action or cause of action, see Abatement 
 AND Eevivai,. 
 
 SURVIVORSHIP. 
 
 Admissibility of finding of coroner to prove 
 that one spouse predeceased the other. 
 45 L.R.A.(N.S.) 408. 
 
 SUSPENSION. 
 
 SWINDLING. 
 
 Truth of charge of, as defense to action for 
 libel or slander. 50 L.E.A. (N.S.) 1040. 
 
 SAVINGING DOORS. 
 
 Duty of storekeeper toward customer as to 
 condition of. L.K.A.1915F, 572. 
 
 SAVITCH CONNECTION. 
 
 Right to compensation for interference 
 with. 52 L.R.A.(N.S.) 192. 
 
 <»» 
 
 SWITCHING SERVICE. 
 
 What constitutes. L.R.A.IOIOD, 455. 
 
 SW^ITCHMEN. 
 
 As fellow servants. 52 L.R.A. (N.S.) 1090, 
 1104. 
 
 #»» 
 
 SW^ITCH TRACKS. 
 
 See Spue Tkaoks and Sidings. 
 
 ♦-•-♦ 
 
 SYNDICATES. 
 
 As to corporate promoters, see Corpoea- 
 TIONS, VII. 
 
 TAILORS. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of tailoring business as 
 affected by its territorial scope. L.R.A. 
 1916C, 631. 
 
 Of attorney, see Attobnets, §§ 4, 5. 
 
 Of member of benefit society, see Benevo- 
 lent Society, § 3 a; Insueance, § 105. 
 
 Of sentence, see Criminal Law, § 84. 
 
 Of writ of habeas corpus, see Habeas Cok- 
 pus, § 8. 
 
 From office, see Offioebs, § 22. 
 
 Of alienation, see Perpetuities. 
 
 Of member of labor union, see Labor Or- 
 ganizations. 
 
 Of oflScer, see Officers, § 22. 
 
 Of pupil, see Schools, §§ 9-11. 
 
 Consult also L.B.A. Digests to date. 
 
 43— 'ler. 36 
 
 TAKING. 
 
 What constitutes, see Eminent Domain, 
 IV. b. 
 
 TAVERN. 
 
 See Innkeepers. 
 
562 
 
 INDEX TO NOTES. 
 
 TAXATION. 
 
 See Tasks. 
 
 TAX COU.ECTOB. 
 
 See Taxes, § 61. 
 
 TAXES. 
 
 I. In general, §§ 1—3. 
 II. Power of taxation; what taxable, 
 §§ 4^39. 
 
 a. Power generally, §§ 4, 5. 
 
 ft. Potver of state or municipal- 
 ity to tax Federal agencies, 
 instrumentalities, and prop- 
 erty, §§ 6, 7. 
 
 c. Equality; uniformity; dis- 
 
 crimination; double taxa- 
 tion, §§ 8—13. 
 
 d. For what purpose or use, § 
 
 13. 
 
 e. What taxable; exemptions, 
 
 §§ li-39. 
 1. In general, §§ 14— S9. 
 3. Public property, §§ 30— 
 
 33. 
 3. Corporations and corpo- 
 rate property, §§ 33— 
 39. 
 III. Where taxable; situs of property, 
 
 §§ 40-4:9. 
 IV. Assessment and levy; enforce- 
 ment; collection, §g 50—87. 
 
 b. Assessment, §§ 53—58. 
 
 1. In general, §§ 53—55. 
 3. Valuation, §§ 56—58. 
 
 c. Review, correction ; equalisa- 
 
 tion ; appeal, §§ 59a— 59c. 
 
 d. Tax officers, §§ 60, 61. 
 
 e. Who liable for tax ; to whom 
 
 taxable, §§ 62, 63. 
 
 f. Payment; tender, §§ 64, 65. 
 
 g. Relief from, §§ 66, 67. 
 
 ft.. Enforcement and collection 
 generally, §§ 68—71. 
 
 i. Sale for nonpayment; tax 
 certificate or deed; tax title, 
 §§ 73-81a. 
 
 j. Bedem/ption, §§ 83—85. 
 
 U. Recovering back taxes paid, 
 §§ 86, 87. 
 T. Lien; priorities, §§ 88, 89. 
 VI. Succession taxj §§ 90—105. 
 
 a. In general, §§ 90—95. 
 
 ft. Property and transfers sub- 
 ject to, or exempt from,, §§ 
 96— 98a. 
 
 c. Persons subject to, or exempt 
 
 from, §§ 99, lOO. 
 
 d. Assessment; valuation, §§ 
 
 101-103. 
 
 e. Paym,ent; classification, §§ 
 
 104, 105. 
 VII. Incotjie tax, § 106. 
 VIII. Stock, transfer tax, § 107. 
 
 Begin with this book on every law question. 
 
 TAXES— cont'd. 
 
 I. In general. 
 
 § 1. Generally. 
 
 As affecting commerce, see Commeece, § 20. 
 
 Constitutionality of statutes as to, gener- 
 ally, see Constitutional Law, §§ 102, 
 103. 
 
 Rights of parties to mortgage as to taxes, 
 see MpETGAGE, § 32. 
 
 Assessments for public improvements, see 
 Public Improvements, IV. 
 
 Sufficiency of tender of payment of, see 
 Tender, § 3. 
 
 Allowance for taxes during construction of 
 public utility plants in estimating the 
 value thereof. 48 L.R.A.(N.S.) 1043. 
 
 Treatment of expense of, in estimating the 
 return of a public service corporation 
 for rate-making purposes. 52 L.R.A. 
 (N.S.) 58. 
 
 Suits relating to taxation, as actions against 
 the state. 44 L.R.A.(N.S.) 212. 
 
 Workmen's compensation act as illegal use 
 of taxing power. L.R.A.1916A, 427. 
 
 Possessory action for tax receipts. 45 
 L.R.A.(N.S.) 785. 
 
 Right to recover back tax voluntarily re- 
 funded. 45 L.R.A.(N.S.) 753. 
 
 II. Power of taxation; what taxable. 
 
 a. Power generally. 
 
 § 4. Generally. 
 
 "Emergency" which will authorize an extra 
 tax. 52 L.E.A.(N.S.) 676. 
 
 ft. Powear of state or municipality to tax 
 Federal agencies, instrumentalities, 
 and property. 
 
 § 6. Generally. 
 
 Effect of admission of state into the Union 
 upon provision of ordinance of 1787 
 as to taxation of United States lands. 
 52 L.E.A.(N.S.) 312. 
 
 § 7. State taxation of national banks. 
 
 Taxation of property of national bank in 
 hands of receiver. L.R.A.1915E, 223. 
 
 c. Equality; uniformity; discrim,ina- 
 tion; double taxation. 
 
 § 8. Generally. 
 
 Of succession tax, see infra, § 93. 
 In license tax, see License, § 46. 
 
 Want of uniformity in mortgage registra- 
 tion tax. I,.R-4..1916A, 866. 
 
 Constitutionality of classification of miner- 
 als for purpose of taxation. L.R.A. 
 1916F, 164. 
 
 Discrimination between credits secured by 
 lien and those not so secured. L.R.A. 
 1915A, 185. 
 
 d. For what purpose or use. 
 
 §13. Generally. 
 
 Use for which public money may be em- 
 ployed, see Public Money, § 4. 
 
INDEX TO NOTES. 
 
 5G3 
 
 TAXES, II. d— cont'd. 
 
 Right of municipal corporation to require 
 use of water meters and to impose ex- 
 pense of same on consumer. L.R.A. 
 1915A, 320. 
 
 e. What taxable; exetnptions, 
 1. In general. 
 
 § 14. Generally; miscellaneous sub- 
 jects of taxation. 
 
 Power of state to tax Federal agency, in- 
 strumentality, or property, see supra, 
 §§ 6, 7. 
 
 Property subject to inheritance tax, see 
 infra, VI. b. 
 
 Exemptions from succession tax, see infra, 
 §§ 96, 97, 99, 100. 
 
 Income tax, see infra, § 106. 
 
 Taxation of cemeteries, see Cemeteries, § 3. 
 
 Tax on leasehold interest, see Landlord and 
 Tenant, § 8. 
 
 Tax on license on occupation, see License, 
 II. 
 
 What property subject to municipal tax, 
 see Municipal Corporations, § 110. 
 
 Membership in board of trade or exchange 
 as subject of taxation. 50 L.R.A. 
 (N.S.) 255. 
 Interest of other than the owner of the soil 
 
 in mineral in situ as independent 
 
 subject of ta.xation. L.R.A.1916D, 
 
 307. 
 
 Oil and gas. L.R.A.1916D, 310. 
 
 Elevators, warehouses, etc., and their sites, 
 
 on railroad right of way, as separate 
 
 subjects of taxation. L.R.A.1916E, 413. 
 
 Taxation of property in hands of receiver. 
 
 L.R.A.1915E, 211. 
 Ordinary taxes, general rule, L.R.A. 
 
 1915E, 212. 
 Exceptions or limitations to the rule. 
 
 L.R.A.1915E, 215. 
 Manner of assessment. L.R.A.1915E, 
 
 218. 
 Franchise taxes. L.R.A.1915E, 220. 
 National banks. L.R.A.1915E, 223. 
 Lfeave of court. L.R.A.1915E, 223. 
 Miscellaneous. L.R.A.1915E, 224. 
 
 S 15. Exemptions generally. 
 
 In succession tax, see infra, §§ 95, 96, 99, 
 100. 
 
 From local assessment, see Public Improve- 
 ments, § 23, 
 
 Deducting exempt property in taxation of 
 shares of corporate stock in hands of 
 shareholders. L.R.A.19150, 389. 
 Deduction of exempt property in taxation 
 of capital stock of corporation. L.R.A. 
 1915C, 385. 
 Acquisition of exempt character after tax 
 day. L.R.A.1915C, 125. 
 Exempting statute or constitutional 
 provision coming into force 
 during the year. L.R.A.1915C', 
 125. 
 Taxes due at time of new law. 
 L.R.A.191oC, 125. 
 Consult also L.B.A. Digests to date. 
 
 TAXES, II. e, 1— cont'd. 
 
 Taxes a lien at time of new law. 
 
 L.R.A.1915C, 126. 
 Law passed after completion of as- 
 sessment. L.R.A.1915C, 127. 
 Effect of particular statutes. 
 L.R.A.1915C, 127. 
 Exempt owner acquiring the property 
 during the year. L.R.A. 1915C, 
 127. 
 Taxes a lien when property ac- 
 quired by exempt owner. 
 L.R.A.1915C, 128. 
 Miscellaneous. L.R.A.1915C, 128. 
 Louisiana. L.R.A.1915C, 129. 
 Purchases. L.R.A.1915C, 129. 
 Changes in the law. L.R.A. 191oC, 
 130. 
 New York. L.R.A.1915C, 130. 
 
 Charges after tax books close. 
 
 L.R.A.1915C, 130. 
 Change after tax books open. 
 
 L.R.A.1915C, 132. 
 Condemnation proceedings. L.R.A. 
 1915C, 132. 
 Miscellaneous. L.R.A.1915C, 133. 
 Liability to local assessment for benefits of 
 property exempt from general taxation. 
 44 L.R.A.(N.S.) 57; L.R.A.1916F, 864. 
 Making clothing to measure as manufac- 
 turing for purposes of tax laws. 44 
 L.R.A. (N.S.) 303. 
 
 § 23. State, TJnited States, or munici- 
 pal bonds. 
 
 Deduction of amount invested in national 
 securities in taxing capital stock of 
 corporation. L.R.A.1915C, 385. 
 
 § 24. Charitable, educational, and re- 
 ligious institutions. 
 
 Exemption from public improvement assess- 
 ments, see Public Impbovements, § 23. 
 
 Right of charitable, educational, or relig- 
 ious institution to exemption from tax- 
 ation as affected by the geographical 
 field of operation. 51 L.R.A. (N.S.) 
 817. 
 
 Exemption from property taxation of prop- 
 erty of Young Men's Christian As- 
 sociation or Young Women's Christian 
 Association. L.R.A.1916D, 275. 
 
 Use of lodge or club building for entertain- 
 ment or social purposes as affecting 
 right of exemption from taxation. 
 L.R.A.1915C, 694. 
 
 § 25. ^ property devoted to purposes 
 of particular society. 
 
 Exemption of college fraternity house. 52 
 L.R.A. (N.S.) 995. 
 
 § 26. — effect of using in secular 
 business. 
 
 Effect of using property of religious, chari- 
 table, or educational institution in 
 secular business or for revenue, 
 upon its right to exemption from 
 taxation. 50 L.R.A. (N.S.) 1197. 
 Statutes exempting property of insti- 
 
564 
 
 INDEX TO NOTES. 
 
 TAXES, 11. e, 1— cont'd. 
 
 tutions in general. 50 L.R.A. 
 (N.S.) 1198. 
 Statute exempting institutions. 50 
 
 L.R.A.(N.S.) 1199. 
 Statutes exempting institutions and 
 certain property. 50 L.R.A.(N.S.) 
 1201. 
 Statutes exempting property received, 
 held, or appropriated for certain 
 purposes. 50 L.R.A. (N.S.) 1202. 
 Statutes exempting property used for 
 certain purposes. 50 L.R.A. 
 (N.S.) 1202. 
 For school or educational purposes. 
 50 L.R.A.(N.S.) 1204. 
 Statutes exempting property used ex- 
 clusively for certain purposes. 
 50 L.R.A.(N.S.) 1206. 
 For public purposes. 50 L.R.A. 
 
 (N.S.) 1207. 
 For educational purposes. 50 
 
 L.R.A.(N.S.) 1207. 
 For religious purposes. 50 L.R.A. 
 
 (N.S.) 1209. 
 For charitable purposes. 50 L.R.A. 
 (N.S.) 1210. 
 EflFect of renting property and using 
 income for purposes for which 
 use of property itself would 
 render it exempt. 50 L.R.A. 
 (N.S.) 1211. 
 Property of educational institu- 
 tion. 50 L.R.A.(N.S.) 1212. 
 Property of charitable institution. 
 50 L.R.A.(N.S.) 1212. 
 Statutes expressly excluding from ex- 
 emption property leased or used 
 for foreign purposes or for revenue 
 or profit. 50 L.R.A. (N.S.) 1213. 
 Vacant or unused property. 50 L.R.A. 
 (N.S.) 1215. 
 
 2. Public •property, 
 
 § 30. Generally. 
 
 Tax on property of state, see States, § 3. 
 
 Effect of provision in lease of public prop- 
 erty as to payment of taxes. L.R.A. 
 1915C, 698. 
 Acquisition of property by the public as 
 affecting tax proceedings previous- 
 ly instituted, or previously ex- 
 istent tax lien. 48 L.R.A. (N.S.) 
 707. 
 Scope. 48 L.R.A. (N.S.) 708. 
 Property acquired before completion of 
 tax proceedings. 48 L.R.A. (N.S.) 
 708. 
 Property acquired after lien has at- 
 tached. 48 L.R.A. (N.S.) 710. 
 By governmental body holding tax 
 
 lien. 48 L.R.A. (N.S.) 710. 
 By governmental body other than 
 that holding the lien. 48 
 L.R.A. (N.S.) 711. 
 Property acquired after tax title has 
 become vested in state. 48 L.R.A. 
 (N.S.) 712. 
 Property leased by public- as subject of 
 taxation. 52 L.R.A. (N.S.) 991. 
 
 Begin with this booTc on every law question. 
 
 TAXES, II. e, 1— cont'd. 
 
 Property located in one state or munici- 
 pality, but belonging to another. 
 50 L.R.A. (N.S.) 243. 
 Where property belongs to another 
 state or political division thereof. 
 50 L.R.A.(N.S.) 244. 
 Where property belongs to another po- 
 litical division of the same state. 
 50 L.R.A.(N.S.) 245. 
 
 § 30a. Fre-perty from which an in- 
 come is derived. 
 
 Exemption in terms. L.R.A.1915A, 1118. 
 Exemption by implication. L.R.A.1915A, 
 1119. 
 Prohibition of exemptions of property 
 used for private profit, etc. L.R.A. 
 1915A, 1120. 
 Failure to exempt by statute although 
 Constitution authorizes exemp- 
 tion. L.R.A.1915A, 1121. 
 "Public uses" or purposes under constitu- 
 tions and statutes. L.R.A.1915A, 
 1122. 
 Kentucky cases. L.R.A.1915A, 1123. 
 Limited construction. L.R.A.1915A, 
 1124. 
 Particular statutes. L.R.A.1915A, 1125. 
 Miscellaneous. L.R.A.1915A, 1125. 
 
 § 31. Property of mnnicipality. 
 
 Liability to local improvement assessment, 
 see Public Impkovement, § 23. 
 
 Tax on highway. 44 L.R.A. (N.S.) 836. 
 
 Taxation of property of municipality lo- 
 cated in another municipality or an- 
 other state. 50 L.R.A. ( N.S. ) 243. 
 
 Property leased by public as subject to 
 taxation. 52 L.R.A. (N.S.) 991. 
 
 Property from which income is derived. 
 L.R.A.1915A, 1118. 
 
 § 32. — municipal waterworks. 
 
 Taxation of waterworks property located in 
 one state or municipality but belonging 
 to another. 59 L.R.A. (N.S.) 243. 
 
 Effect of fact that income is derived from 
 waterworks. L.R.A.1915A, 1118. 
 
 3. Corporations and corporate property. 
 
 § 33. Generally. 
 
 Where taxable, see infra, § 45. 
 
 Tax on transfer of corporate stock, see 
 
 infra, § 107. 
 Taxation of insurance companies and 
 
 policies, see Insurance, § 4. 
 
 Withdrawal or attempted withdrawal of 
 foreign corporation as affecting power 
 of state to effect a privilege tax. L.R.A. 
 1916C, 577. 
 
 Structure or improvement in street or high- 
 way used in connection with special 
 franchise as taxable element. L.R.A. 
 1916B, 1228. 
 
INDEX TO NOTES. 
 
 565 
 
 TAXES, II. e, 3— cont'd. 
 
 § 34. Consolidated corporations. 
 
 Liability for incorporation tax upon exten- 
 sion, reorganization, consolidation, 
 or merger of existing corporations. 
 47 L.R.A.(N.S.) 1006. 
 Extension. 47 L.R.A. (N.S.) J067. 
 Reorganization. 47 L.R.A. (N.S.) 1068. 
 Merger. 47 L.R.A. (N.S.) 1070. 
 Consolidation. 47 L.R.A. (N.S.) 1071. 
 With corporation of another state. 
 
 47 L.R.A. (N.S.) 1072. 
 Amount of tax. 47 L.R.A. (N.S.) 
 
 1073. 
 Effect of statutory exemption. 47 
 L.R.A.(N.S.) 1073. 
 
 § 35. Taxation of corporate fran- 
 chise. 
 
 Franchise tax upon corporation in the hands 
 of receivers. L.R.A.1915E, 220. 
 
 Structure or improvement in street or high- 
 way used in connection with special 
 franchise as taxable element. L.R.A. 
 1916B, 1228. 
 
 § 36. Taxation of capital stock. 
 
 Deductions in taxation of capital stock of 
 corporation. L.R.A.191oC, 380. 
 
 Deductions in taxation of shares of corpo- 
 rate stock in hands of shareholders. 
 L.R.A.1915C, 386. 
 
 § 38. Taxation of manufacturing cor- 
 porations. 
 
 Extension of exemption to addition to, or 
 enlargement of, manufacturing plant. 
 L.R.A.1916D, 112. 
 
 ITI. Where taxable; situs of property. 
 
 § 40. Generally. 
 
 Situs of partnership property and interests 
 therein for purposes of taxation. 3 
 B. R. C. 793. 
 Situs, as between different states or coun- 
 tries, of personal property for 
 purposes of property taxation. 
 L.R.A.1915C, 903. 
 In general. L.R.A.1915C, 904. 
 Tangible personalty. L.R.A.1915C, 908. 
 At domicil. L.R.A.1915C, 908. 
 Actual situs. L.R.A.1915C, 909. 
 Intangible personalty. L.R.A. 1915C, 
 914. 
 Independent situs. L.R.A.1915C, 
 
 919. 
 Business situs. L.R.A.1915C, 923. 
 Bank deposits. L.R.A.1915C, 938. 
 Mortgage interest, L.R.A.1915C, 
 
 939. 
 Shares of corporate stock. L.R.A. 
 1915C, 942. 
 Shares owned by resident in 
 foreign corporation. 
 
 L.R.A.1915C, 942. 
 Shares in domestic corpora- 
 tion owned by nonresi- 
 dents. L.R.A.1915C, 944. 
 •Judgments. L.R.A. 1915C, 947. 
 Consult also L.R.A. Digests to date. 
 
 TAXES, III.— comt'd. 
 
 Situs for property taxation as between 
 diilV'rent states or countries of 
 personal property held by testa- 
 mentary trustees or by executor or 
 administrator. L.R.A.1915C, 949. 
 
 Generally ; domicil of trustee, executor, 
 or administrator. L.R.A.1915C, 
 950. 
 
 When both resident and nonresident 
 trustees. L.R.A.1915C, 953. 
 
 State of ancillary administration ; 
 "business situs." L.R.A. 19 15C, 
 955. 
 
 State of decedent's domicil ; domiciliary 
 administration. L.R.A.1915C, 957. 
 
 State of domicil of beneficiaries. L.K.A. 
 1915C, 958. 
 
 § 42. Property of, or debts due, non- 
 residents. 
 
 Succession tax on estate of nonresident, see 
 infra, § 100. 
 
 Situs as between different states or coun- 
 tries of personal property of non- 
 residents. L.R.A.1915C, 903. 
 Property held by testamentary trustees 
 or by executor or administrator. 
 L.R.A.1915C, 949. 
 
 § 45. Corporate property. 
 
 Situs as between different states of shares 
 of corporate stock for purpose of prop- 
 erty taxation. L.R.A.1915C, 942. 
 
 § 47. Situs, for taxation, of debts evi- 
 denced by notes and mortgages. 
 
 Situs as between different states or coun- 
 tries of debt secured by mortgage for 
 purposes of property taxation. L.R.A. 
 1915C, 939. 
 
 g 48. Place of taxation of trust prop- 
 erty. 
 
 Situs as between different states or coun- 
 tries of personal property held by 
 testamentary trustees for purposes of 
 property taxation. L.R.A.1915C, 949. 
 
 IV. Assessment and levy; enforcement ; 
 collection. 
 
 b. Assessment. 
 1. In general. 
 
 § 53. Generally. ' 
 
 Assessment or nonassessment of property 
 as affecting its dedication or acceptance 
 for public use. L.R.A.1916B, 1175. 
 
 What notice is necessary to due process of 
 law in tax proceedings. L.R.A.1916E, 5. 
 
 § 53a. Assessment of land owned by 
 cotenants in undivided interests. 
 
 Form of assessment wiiere land is owned by 
 cotenants in undivided interests. 
 50 L.R.A.(N.S.) 402. 
 In general. 50 L.R.A. (N.S.) 402. 
 
566 
 
 INDEX TO NOTES. 
 
 TAXES, IV. b, X— cont'd. 
 
 What assessable. 50 L.R.A.(N.S.) 402. 
 Undivided interest. 50 L.R.A. 
 
 (N.S.) 402. 
 Proportionate share of acreage. 
 
 50 L.R.A.(N.S.) 402. 
 To whom assessable. 50 L.R.A. (N.S.) 
 
 403. 
 To one cotenant by name. 50 
 
 L.R.A.(N.S.) 403. 
 To one cotenant by name, with the 
 
 addition of a general designa- 
 tion of the others. 50 L.R.A. 
 
 (N.S.) 404. 
 To ail the cotenants by a general 
 
 designation. 50 L.R.A. (N.S.) 
 
 404. 
 To all the cotenants by name. 50 
 
 L.R.A.(N.S.) 404. 
 
 § 54. Assessment of property of de- 
 cedent's estate. 
 
 In general. 50 L.R.A.(N.S.) 407. 
 
 Assessment in decedent's name. 50 L.R.A. 
 (N.S.) 407. 
 
 Assessments to decedent's estate. 50 L.R.A. 
 (N.S.) 409. 
 
 Assessments to decedent's heirs generally. 
 50 L.R.A.(N.S.) 410. 
 
 Assessment to decedent's widow. 50 L.R.A. 
 (N.S.) 411. 
 
 Assessments to decedent's executor or ad- 
 ministrator. 50 L.R.A.(N.S.) 411. 
 
 What notice is necessary to due process of 
 law. L.R.A.1916E, 56. 
 
 3. Valuation. 
 
 § 56. Generally. 
 
 For purpose of succession tax, see infra, 
 § 102. 
 
 Consideration of earnings or income in de- 
 termining the value of property for 
 purposes of taxation. L.R.A.1916C, 
 529. 
 
 Consideration of earnings in general. 
 L.R.A.1916C, 529. 
 
 Particular applications. L.R.A. 1916C, 
 535. 
 
 § 57. — deductions. 
 
 In computing succession tax, see infra, § 
 103. 
 
 Deductions in taxation of capital stock of 
 corporation. L.R.A.1915C, 380. 
 
 Indebtedness. L.R.A.1915C, 380. 
 
 Deductions on account of property 
 otherwise taxed. L.R.A.1915C, 382. 
 
 Property exempt from taxation. L.R.A. 
 1915C, 385. 
 Deductions in taxation of shares of corpo- 
 rate stock in hands of shareholders. 
 L.R.A.1915C, 386. 
 
 Deduction on account of indebtedness 
 of shareholder. L.R.A.1915C, 386. 
 
 Deductions on account of property of 
 corporation otherwise taxed. 
 L.R.A.1916C, 386. 
 
 Deductions on account of property ex- 
 empt from taxation. L.R.A.1915C, 
 389. 
 
 Begin ivith this book on every law question. 
 
 TAXES, IV.— cont'd. 
 
 c. Review, correction ; equalization; a-p- 
 peal. 
 
 § 59c. Appeal. 
 
 Effect of right to appeal to supply defects 
 in notice in tax proceedings. L.R.A. 
 1916E, 21. 
 
 Power of l^slature to permit appeal to 
 court for purpose of reviewing the 
 amount of tax assessment. L.R.A, 
 1915B, 875. 
 
 d. Tax officers. 
 
 § 60. Generally. 
 
 Parol evidence to vary or supplement rec- 
 ords of. 50 L.R.A.(N.S.) 99. 
 Liability of taxing officer to individual for 
 nonfeasance, misfeasance, or mal- 
 feasance. 51 L.R.A.(N.S.) 137. 
 In general. 51 L.R.A.(N.S.) 137. 
 Assessing officers. 51 Jj.R.A. (N.S. ) 
 138. 
 As affected by motive. 51 L.R.A. 
 
 (N.S.) 141. 
 As dependent upon jurisdiction. 
 
 51 L.R.A.(N.S.) 14L 
 Statutory protection. 51 L.R.A. 
 (N.S.) 144. 
 Collecting officers. 51 L.R.A.(N.S.) 
 146. 
 Protection by warrant. 51 L.R.A. 
 (N.S.) 146. 
 Illegality disclosed by war- 
 rant. 51 L.R.A.(N.S.) 
 147. 
 Where assessors acted without 
 jurisdiction. 51 L.R.A. 
 (N.S.) 147. 
 Assessment under unconstitu- 
 tional statute. 51 L.R.A. 
 (N.S.) 147. 
 Illegal or improper acts or omis- 
 sions subsequent to warrant. 
 51 L.R.A.(N.S.) 148. 
 Statutory protection. 51 L.R.A. 
 (N.S.) 150. 
 
 § 61. Tax collectors. 
 
 Equity jurisdiction of suit against tax col- 
 lector who is in default. 43 L.R.A. 
 (N.S.) 604. 
 
 Liability of tax collector to individual for 
 nonfeasance, misfeasance, or malfea- 
 sance. 51 L.R.A.(N.S.) 146. 
 
 Rights of sureties of tax collector who made 
 good a loss occasioned by their prin- 
 cipal's default or misconduct, to be 
 subrogated to the rights of the pledgee 
 or beneficiary of the bond against a 
 third person. 46 L.R.A. (N.S.) 567. 
 
 e. Who liable for tax; to whom taxable. 
 
 § 62. Generally. 
 
 WJio subject to succession tax, see infra, §§ 
 
 99, 100. 
 As between mortgagor and mortgagee, see 
 
 MOETGAGE, § 32. 
 
INDEX TO NOTES. 
 
 567 
 
 TAXES, IV. (^cont'd. 
 
 Liability of liquor dealer's bond for taxes 
 
 and returns. L.R.A.1916E, 277. 
 Who responsible as between vendor and 
 
 vendee for taxes accruing after sale but 
 
 before title perfected in purchaser. 43 
 
 L.U.A.(N.S.) 51. 
 Taxation of land under perpetual lease or 
 
 ground rent. 46 L.R.A.(N.S.) 284. 
 
 f. Payment; tender. 
 
 § 64. Generally. 
 
 Eight to recover back taxes paid, see infra, 
 §§ 86, 87. 
 
 rayment of succession tax, see infra, J 104. 
 
 Covenant in lease as to payment of, see 
 Landlord and Tenant, § 18a. 
 
 Foreclosure of mortgage on default in pay- 
 ment of, see Mortgage, § 65. 
 
 Subrogation of person paying, to rights of 
 public, see Subrogation, § 8. 
 
 Presumption of payment from lapse of time. 
 L.R.A.1916B, 739. 
 
 Provision in lease of public property as to 
 payment of taxes. L.K.A.1915C, 6'98. 
 
 Repudiating cotenancy as affecting coten- 
 aiit's right to contribution or indemnity 
 for taxes paid. L.R.A.1915B, 971. 
 
 Right of mortgagor or owner of equity of 
 redemption to contest validity of tax 
 paid by mortgagee. L.R.A. 1915D, 432. 
 
 g. Relief from. 
 
 § 66. Generally. 
 
 Injunction against, see Injunction, § 63. 
 
 Power of legislature to permit appeal to 
 court for purpose of reviewing the 
 amount of a tax assessment. L.R.A. 
 1915B, 875. 
 
 li. Enforcement and collection general- 
 ly. 
 
 § 68. Generally. 
 
 Injunction against, see Injunction, § 63. 
 
 Tax as debt within meaning of constitution- 
 al provision as to imprisonment for 
 debt. L.R.A.1915B, 648. 
 
 What notice is necessary to due process of 
 law in tax proceedings. L.R.A. 1916E, 5. 
 
 i. Sale for nonpayment; tax certificate 
 or deed; tax title. 
 
 § 72. Generally. 
 
 Injunction against, see Injunction, § 63. 
 Limitation of actions as to tax sale, see 
 Limitation or Actions, §§ 43, 57. 
 
 § 74. Who may purchase. 
 
 Right of vendee to acquire tax title ad- 
 versely to vendor. 46 L.R.A. (N.S.) 
 209. 
 
 Right of tenant to acquire tax title. L.R.A. 
 1916F, 206. 
 
 Lessee as purchaser at sale for nonpayment 
 of ta.xes or assessments which he has 
 covenanted to pay. L.R.A.1915A, 353. 
 Co7isult also L.R.A. Digests to date. 
 
 TAXES, IV. i— cont'd. 
 
 Effect of purchase of tax title by remainder- 
 man in expectancy. L.R.A.1015E, 344. 
 Effect of purchase at tax sale by or in the 
 interest of mortgagor, guarantor of 
 mortgage indebtedness, or purchas- 
 er of equity of redemption. 52 
 L.R.A.(N.S.) 877. 
 Guarantor of mortgage indebtedness. 
 
 52 L.R.A.(N.S.) 877. 
 Mortgagor. 52 L.R.A. (N.S.) 877. 
 Purchase by one for the mortgagor, 
 
 52 L.R.A. (N.S.) 877. 
 Purchaser of equity of redemption. 
 52 L.R.A. (N.S.) 878. 
 
 §75. Validity of sale. 
 
 Validity of tax sales where nonpayment is 
 
 due to mistake or negligence of 
 
 tax officers. L.R.A.19a5C, 158. 
 
 Effect of payment. L.R.A.1915C, ]59. 
 
 Misapplication of payments. L.R.A. 
 
 1915C, 159. 
 •Failure to pay. L.R.A.1915C, 160. 
 
 Character of inquiry. L.R.A, 
 
 1915C, 163. 
 Officers whose statements are bind- 
 ing. L.R.A.1915C, 163. 
 Care required of owner. L.R.A. 
 1915C, 163. 
 Failure to redeem. L.R.A.1915C, 165. 
 
 § 76. Effect of sale. 
 
 Tax sale as cutting off easement. L.R.A. 
 1915D, 1115. 
 
 § 78. Bights and remedies of pur- 
 chaser. 
 
 License tax on purchasers of tax titles. 47 
 
 L.R.A.(N.S.) 1078. 
 Right of purchaser at tax sale to compel 
 
 issuance of new deed where original 
 
 deed is defective or invalid. 50 L.R.A. 
 
 (N.S.) 316. 
 
 § 79. — right to reimbursement. 
 
 Reimbursement of taxes paid by purchaser, 
 as condition of equitable relief 
 against invalid tax title. L.R.A. 
 1915C, 492. 
 Rule in general. LJI.A.1915C, 494. 
 Where tax is valid. L.R.A.1915C, 
 494. 
 To what proceedings the rule 
 applies. L.R.A.1915C,502. 
 Proof of taxes paid by pur- 
 chaser. L.R.A.1915C, 503. 
 Where tax is invalid or has been 
 paid. L.R.A.1915C, 503. 
 Analogy between position of public and 
 of tax purchaser relatively to com- 
 plainant. L.R.A.1915C, 505. 
 Who is entitled to reimbursement : 
 successors in interest; form of de- 
 cree. L.R.A.1915C, 506. 
 Effect of operation of statutes of limi- 
 tation. L.R.A.1915C, 508. 
 Effect of fraud on the part of purchaser. 
 
 L.R.A.1915C, 509. 
 Effect of refusal to accept offer of re- 
 imbursement before suit. L.R.A. 
 L.R.A.1915C, 510. 
 
068 
 
 INDEX TO NOTES. 
 
 TAXES, IV. i— cont'd. 
 
 Amount of reimbiirBement. 
 
 1915C, 511. 
 
 L.KA. 
 
 § 81. Tax deed. 
 
 Substitute conveyances. 44 L.K.A. (N.S.) 
 
 852. 
 Where first deed is regular. 44 L.H.A. 
 
 (N.S.) 854. 
 Conformity of se<!t.nd deed to record of 
 
 tax proceedings. 44 L.R.A.(N.S.) 
 
 854. 
 Where holder of certificate or first deed 
 
 has conveyed. 44 L.R.A. (N.S.) 
 
 855. 
 Effect of expiration of term of oflicer 
 
 who executed first deed. 44 L.R.A. 
 
 (N.S.) 855. 
 Laches. 44 L.R.A. (N.S.) 856. 
 Construction and effect' of statutes. 44 
 L.R.A.(N.S.) 856. 
 
 Statutes of limitation. 44 L.R.A. 
 (N.S.) 857. 
 Statutory limitation of time for relief 
 against tax deed as affecting right to 
 set up invalidity of tax title as de- 
 fense. 46 L.R.A.(N.S.) 1065. 
 Right of purchaser at tax sale to compel 
 
 issuance of new deed where orig- 
 inal deed is defective or invalid. 
 
 50 L.R.A. (N.S.) 316. 
 The Nebraska rule. 50 L.R.A. (N.S.) 
 
 319. 
 
 § 81a. Tax titles. 
 
 Statutory limitation of time for relief 
 against tax deed as affecting right to 
 set up invalidity of tax title as defense. 
 46 L.R.A. (X.S.) 1065. 
 
 Reimbursement of taxes paid by purchaser 
 as condition of equitable relief against 
 invalid tax title. L.R.A.1915C, 492. 
 
 J. Redemption. 
 
 § 85. Notice of. 
 
 Who entitled to notice to redeem from tax 
 sale. 44 L.R.A. (N.S.) 666. 
 Scope and introduction. 44 L.R.A. 
 
 (N.S.) 667. 
 Application of particular statutory 
 provisions. 44 L.R.A. (N.S.) 
 668. 
 Statutory requirement of notice to 
 owner. 44 L.R.A. (N.S.) 
 668. 
 Time referred to. 44 L.R.A. 
 
 (N.S.) 668. 
 Owner of undivided interest. 
 
 44 L.R.A.(N.S.) 668. 
 One acquiring interest before 
 sale. 44L.R.A.(N.S.) 668. 
 One acquiring interest after 
 notice given. 44 L.R.A. 
 (N.S.) 668. 
 One holding under void tax 
 deed. 44 L.R.A. (N.S. 
 668. 
 Assignee for creditors. 44 
 L.R.A.(N.S.) 668. 
 Begin with this hooTc on every law question. 
 
 TAXES, 
 
 IV. j. — cont'd. 
 
 Personal representative of de- 
 ceased owner. 44 L.R.A. 
 (N.S.) 668. 
 One in whose name land is 
 taxed. 44 L.R.A. (N.S.) 
 669. 
 Grantee of one in whose name 
 land is taxed. 44 L.R.A. 
 (N.S.) 669. 
 Holder of deed of trust from 
 owner's grantee. 44 L.R.A. 
 (N.S.) 669. 
 Statutory requirement of notice to 
 record owner. 44 L.R.A. 
 (N.S.) 669. 
 When record owner is dead. 
 44 L.R.A. (N.S.) CO!). 
 True owner. 44 L.R.A. 
 
 (N.S.) 669. 
 Record owner's heir. 44 
 L.R.A.(N.S.) 669. 
 Grantee in void deed. 44 
 L.R.A.(N.S.) 669. 
 Statutory requirement of notice to 
 parties interested. 44 
 L.R.A.(N.S.) 669. 
 Time referred to. 44 L.R.A. 
 
 (N.S.) 669. 
 Mortgagee. 44 L.R.A. (N.S.) 
 
 669. 
 Vendee in land contract. 44 
 L.R.A.(N.S.) 670. 
 Statutory requirement of notice to 
 grantee under last record- 
 ed deed. 44 L.R.A.(N.S.) 
 670. 
 Grantor in last recorded deed 
 who has reserved title to 
 portion of estate. 44 
 L.R.A.(N.S.) 670. 
 Statutory requirement of notice to 
 one in occupancy or pos- 
 session. 44 L.R.A. (N.S.) 
 670. 
 Time referred to. 44 L.R.A. 
 
 (N.S.) 671. 
 Owner not in possession. 44 
 L.R.A. (N.S.) 671. 
 Cultivating or using the 
 land. 44 L.R.A. 
 
 (N.S.) 671. 
 Employing others to care 
 for the premises and 
 permitting otliers to 
 use the same. 44 
 L.R.A. (N.S.) 672. 
 Having surveyed the land 
 and marked the 
 boundaries. 44 L.R.A. 
 (N.S.) 672. 
 Adjoining owner. 44 L.R.A. 
 (N.S.) 672. 
 Where line fence is mis- 
 placed. 44 L.R.A. 
 (N.S.) 672. 
 Having used the prem- 
 ises, but having aban- 
 doned the same. 44 
 L.R.A.(N.S.) 673. 
 Owner of forest preserve. 44 
 L.R.A.(N.S.) 673. 
 
IXDEX TO NOTES. 
 
 569 
 
 TAXES, IV. j.— cont'd. 
 
 One other than owner. 44 
 
 L.R.A.(N.S.) 674. 
 
 Residing on premises. 44 
 L.R.A.(N.S.) 674. 
 
 Not residing on premises. 
 
 44 L.R.A.(N.S.) 074. 
 
 Tenant. 44 L.R.A.(N.S.) 675. 
 
 One in possession of portion. 
 
 44 L.E.A.(N.S.) 675. 
 One occupying as trustee for 
 
 another. 44 L.E.A.IN.S.) 
 
 676. 
 One occupying under claim ol 
 
 adverse possession. 44 
 
 L.R.A.(N.S.) 676. 
 One holding betterments. 44 
 
 L.R.A.(N.S.) 676. 
 Visitor. 44 L.R.A.(N.S.) 676. 
 Trespasser. 44 L.R.A.(N.>S.) 
 
 676. 
 Boarder, lodger, or servant. 
 
 44 L.R.A.(N.S.) 676. 
 Mortgagee. 44 L.R.A.(N.S.) 
 
 676. 
 Employee of owner. 44 L.R.A. 
 
 (N.S.) 676. 
 Purchaser's agent. 44 L.R.A. 
 
 676. 
 Statutory requirement of notice to 
 
 one in whose name land is 
 
 taxed or assessed. 44 
 
 L.R.A. (N.S.) 677. 
 Time referred to. 44 L.R.A. 
 
 (X.S.) 677. 
 Necessity in general. 44 
 
 L.R.A. (N.S.) 677. 
 Distinction between taxation 
 
 and special assessment. 
 
 44 L.R.A. (N.S.) 677. 
 Taxed to unknown owner or 
 
 to no one. 44 L.R.A. 
 
 (N.S.) 678. 
 Taxed in wrong name. 44 
 
 L.R.A. (N.S.) 678. 
 Taxed to an "estate," to one 
 
 dead, or to one named "et 
 
 al." 44 L.R.A.(N.S.) 678. 
 Taxed to purchaser himself. 
 
 44 L.R.A. (N.S.) 679. 
 Taxed to wife of holder of tax 
 
 certificate. 44 L.R.A. 
 
 (N.S.) 679. 
 Taxed to two parties. 44 
 
 L.R.A.(N.S.) 679. 
 Taxed to one who- has no in- 
 terest in the land. 44 
 
 L.R.A. (N.S.) 679. 
 Statutory requirement of notice to 
 mortgagee. 44 L.R.A. (N.S.) 
 679. 
 Notice to husband or wife of one en- 
 titled thereto. 44 L.R.A. (N.S.) 
 679. 
 Notice to agent of one entitled there- 
 to. 44 L.R.A.(N.S.) 680. 
 Notice to one member of firm entitled 
 thereto. 44 L.R.A. (N.S.) 680. 
 Consult also L.R.A. Digests to date. 
 
 TAXES, IV.— cont'd. 
 
 7e, Recovering back taxes "paid, 
 
 § 86. Generally. 
 
 Right of purchaser at tax sale to reimburse- 
 ment for taxes paid, see supra, § 79. 
 
 Right to recover back tax voluntarily re- 
 funded. 45 L.R.A. (N.S.) 753. 
 
 What notice is necessary to due process of 
 law. L.R.A.1916E, 5. 
 
 § 87. Prerequisites to. 
 
 Claim for refund of taxes as within statute 
 or ordinance requiring notice or presen- 
 tation of claim as a condition of mu- 
 nicipal liability. 50 L.R.A. (N.S.', 181. 
 
 T. Lien; •priorities. 
 
 § 88. Generally. 
 
 Subrogation to tax lien, see Subbogation, 
 
 § 8. 
 
 Acquisition of property by the public as af- 
 fecting previously existent tax lien. 48 
 L.R.A. (N.S.) 710. 
 
 § 89. Priority. 
 
 Priority of lien for personal taxes over pre- 
 existing liens on property of the 
 taxpayer. L.R.A.1916D, 886. 
 
 On personal property. L.R.A.1915D, 
 886. 
 
 On real property. L.R.A.1915D, 893. 
 
 TI. Succession tax. 
 a. In general. 
 
 § 90. Generally. 
 
 Constitutionality of statutes as to, see Con- 
 stitutional Law, § 103. 
 
 § 93. Uniformity; equality; discrimi- 
 nation. 
 
 Uniformity and equality of succession taxes. 
 
 50 L.R.A.(N.S.) 992. 
 Uniformity of tax or fee as condition of 
 
 probate. 50 L.R.A. (N.S.) 997. • 
 Validity of discrimination against aliens by 
 
 inheritance tax law as affected by 
 
 treaty with foreign government. L.R.A. 
 
 1916A, 474. 
 
 § 94. — double taxation. 
 
 Effect of statutes designed to prevent lap- 
 sing of testamentary provisions upon 
 death of beneficiary in testator's life- 
 time to render the property bequeathed 
 twice liable to legacy or inheritance 
 tax. 5 B. R. C. 857. 
 
 Effect of statute to make provision pre- 
 served from lapse a part of the deceased 
 beneficiary's estate. 5 B. R. C. 857. 
 
 § 95. Exemptions, generally. 
 
 Exemptions from liability to succession 
 
 taxes. 50 L.R.A.(N.S.) 992. 
 Applicability of general tax exemptions to 
 
 inheritance or succession taxes. 48 
 
 L.R.A.(N.S.) 373. 
 
570 
 
 INDEX TO NOTES. 
 
 TAXES, VI. a— co»*'d. 
 
 Right of charitable, educational or religious 
 institutions to exemption from taxation 
 aa affected by the geographical field of 
 operation. 51 L.R.A.(N.S.) 817. 
 
 b. Property and transfers subject to, or 
 exem/pt from. 
 
 § 96. Grenerally. 
 
 Succession tax on dower, see Dower, § 22. 
 
 Succession tax upon provision in lieu of 
 
 dower. 45 L.E.A.(N.S.) 228. 
 Succession tax upon gift in contemplation 
 
 of death. 46 L.R.A.(N.S.) 760. 
 Retrospective- operation. 44 L.R.A. (N.S.) 
 419. 
 In general. 44 L.R.A. (N.S.) 420. 
 
 General construction. 44 L.R.A. 
 
 (N.S.) 420.' 
 Power to impose retrospectively. 
 44 L.R.A.(N.S.) 422. 
 Remainders. 44 L.R.A. (N.S.) 424. 
 
 Vested, generally. 44 L.R.A.(N.S.) 
 
 424. 
 Vested, subject to be devested. 44 
 
 L.R.A.(N.S.) 425. 
 Contingent. 44 L.R.A. (N.S.) 426. 
 Repealing, amendatory, and superseding 
 acts. 44 L.R.A.(N.S.) 427. 
 Repeal generally. 44 L.R.A. ( N.S. ) 
 
 427. 
 Exemption acts. 44 L.R.A. (N.S.) 
 
 429. 
 Amendatory and superseding acts. 
 44 L.R.A. (N.S.) 431. 
 Succession tax upon property received by a 
 sui^viving spouse. L.R.A.1916C, 
 675. 
 Dower, curtesy, statutory, homestead, 
 or allowances. L.R.A.1916C, 675. 
 Shai-e in personal estate. L.R.A.1916C, 
 
 676. 
 Provision in lieu of dower. L.R.A. 
 
 1916C, 676. 
 Community property. L.R.A.1916C, 
 
 676. 
 Miscellaneous. L.R.A.1916C, 676. 
 Succession tax upon death of one tenant of 
 estate held by entireties. L.R.A.1916C, 
 678. 
 Succession tax upon death of one joint 
 
 tenant. L.R.A.1916C, C82. 
 Bequest or devise in payment for services, 
 etc., rendered testator, as subject to 
 succession tax. L.R.A. 1916C, 555. 
 Applicability of succession tax to property 
 conveyed, or agreed to be conveyed, in 
 support of grantor during his life. 52 
 L.R.A.(N.S.) 211. 
 
 § 97. Applicability of general tax ez- 
 emptions to succession taxes. 
 
 Applicability of general tax exemptions to 
 inheritance or succession taxes. 48 
 L.R.A.(N.S.) 373. 
 
 § 98a. On conveyance to take eSect 
 after grantor's death. 
 
 Succession tax upon gift in contemplation 
 of death. 46 L.R.A. (N.S.) 790. 
 
 Begin with this booTc on every law question. 
 
 TAXES, VI.— cont'd. 
 
 c. Persons subject to, or exempt from. 
 
 § 99. Generally. 
 
 Right of charitable, educational or religious 
 institutions to exemption from taxation 
 as affected by the geographical field of 
 operation. 51 L.R.A. (N.S.) 817. 
 
 § lOO. Nonresidents. 
 
 Physical presence or absence of personal 
 property, or evidence thereof, aa 
 affecting liability to tax. 46 L.R.A. 
 (N.S.) 1167. 
 Personal property of nonresident's es- 
 tate physically present within 
 the taxing jurisdiction. 46 
 L.R.A.(N.S.) 1168. 
 Tangible personal property. 46 
 
 L.R.A.(N.S.) 1172. 
 Securities within state for invest- 
 ment. 46 L.R.A.(N.S.) 1172. 
 Securities within state for other 
 purposes. 46 L.R.A. (N.S.) 
 1173. 
 Bank deposits. 46 L.R.A.(N.S.) 
 
 1175. 
 Property held subject to trust. 46 
 
 L.R.A.(N.S.) 1176. 
 Interest of one decedent in estate 
 of another. 46 L.R.A. (N.S.) 
 1177. 
 Miscellaneous. 46 L.R.A. (N.S.) 
 1178. 
 Personal property of resident's estate 
 physically absent from taxing ju- 
 risdiction. 46 L.R.A.(N.S.) 1179. 
 Liability of debt due from resident to non- 
 resident to succession tax. L.R.A. 
 1916A, 894. 
 English and Canadian cases. L.R.A. 
 1916A, 899. 
 Application to foreign corporation of ex- 
 emption in favor of charitable, educa- 
 tional or religious institutions. 51 
 L.R.A.(N.S.) 817. 
 
 d. Assesstnent; valuation. 
 
 % 102. Appraisement and valuation. 
 
 Basis and method of computing value of 
 
 life estate or annuity for purposes 
 
 of succession tax. 46 L.R.A. (N.S.) 
 
 714. 
 Generally. 46 L.R.A. (N.S.) 715. 
 
 Life estate. 46 L.R.A. (N.S.) 715. 
 
 Annuity. 46 L.R.A. (N.S.) 716. 
 After life tenant's death. 46 L.E.A. 
 
 (N.S.) 717. 
 Effect of life tenant's poor health, etc. 
 
 46 L.R.A.(N.S.) 718. 
 
 § 103. — deduction. 
 
 Is exempt portion of estate to be included 
 or excluded in determining amount for 
 purpose of fixing rates. 51 L.R.A. 
 (N.S.) 1075. 
 
INDEX TO NOTES. 
 
 571 
 
 TAXES, YI.— cont'd. 
 
 e. Payment; classification. 
 
 i 104. Payment of. 
 
 Inheritance tax as within covenant in lease, 
 sublease, or assignment of lease as to 
 payment of taxes. L.E.A.1915A, 334. 
 Personal liability of executor or adminis- 
 trator. L.R.A.19]5C, fil5. 
 As. afl'ected bv decree of probate court. 
 
 L.R.A.1915C, 617. 
 Eight to recover amount of tax paid 
 out. L.R.A.1915C, C18. 
 
 VII. Income tax, 
 
 § 106. Generally. 
 
 Constitutionality of statutes as to, see 
 Constitutional Law, § 104. 
 
 VIII. Stoclc transfer tax, 
 
 g 107. Generally. 
 
 What constitutes a transfer of stock within 
 statutes taxing stoolc transfers. 46 
 L.E.A.{N.S.) 585. 
 
 < »» 
 
 TAXICABS. 
 
 See Atjtomobiles. 
 
 ♦ «» 
 
 TAX OFFICEKS. 
 
 See Taxes, §§ 60, 61. 
 
 4 « » 
 
 TAXPAYER. 
 
 As plaintiff in action, see Pabties, § 20. 
 
 Judgment in a suit by one taxpayer as res 
 judicata in a suit by another. 49 
 L.R.A.(N.S.) 108. 
 
 Effect of interest of taxpayer to disqualify 
 him to serve as commissioner or juror 
 in eminent domain proceedings. 47 
 L.R.A.(N.S.) 160. 
 
 TAX TITIE. 
 
 See Taxes, § 81a. 
 
 TEACHERS. 
 
 See Schools, III. 
 
 TEACHERS' TRAINING SCHOOL. 
 
 Statutory power of local authority to main- 
 tain teachers' training department in 
 school. 52 L.R.A.(N.S.) 163. 
 Constat also L.R.A. Digests to date. 
 
 TEAMING. 
 
 Forbidding or restricting teaming on cer- 
 tain public ways. 51 L.R.A. (N.S.) 
 1203. 
 
 TEAMSTERS. 
 
 See Caetmen and Teamsters. 
 
 TELEGRAMS. 
 
 See Telegraphs, III. 
 
 ♦-•-♦- 
 
 TELEGRAPH OPERATORS. 
 
 As fellow servants of trainmen, see Master 
 AND Servant, § 149. 
 
 TELEGRAPHS. 
 
 I. Rights; franchises; construction; 
 control, §§ 1—7. 
 III. Messages, §§ 9—34:. 
 
 a. In general, §§ 9, 10. 
 
 J). Duty and liability with respect 
 
 to, §§ 11-24:. 
 
 1. In general, §§ 11—16. 
 
 2. To whom liable, §§ 17, 18. 
 
 3. Sufficiency of notice of con. 
 
 tents, § 19. 
 4:. Stipulations and condi- 
 tions; limitation of lia- 
 bility, §§ 20, 21. 
 
 I. Rights; franchises; construction; 
 control. 
 
 § 1. Generally. 
 
 Measure of compensation for taking line for 
 right of way for, see Damages, § 86. 
 
 ilatters as to electric wires and poles gen- 
 erally, see Electricity. 
 
 As additional burden on highway, see Emi- 
 nent Domain, § 5.6. 
 
 Telegraph wires in streets, generally, see 
 Highways, § 24. 
 
 Valuation of property of, see Public Serv- 
 ice COEPOEATIONS, § 5. 
 
 Estimating return of company, see Public 
 Service Corpobaiions, § 6. 
 
 Doctrine of attractive nuisance as applied 
 to telegraph poles. L.R.A.1915D, 168. 
 
 Duty of railroad company to install in its 
 station. 47 L.R.A. (N.S.) 974. 
 
 Statutes prohibiting interference with tele- 
 graph lines. 50 L.R.A. (K.S.) 1216. 
 
 Right to carry wires across railroad. 
 L.R.A.1915B, 823. 
 
 § 2. Along railroad right of xray. 
 
 Measure of damages for condemning right 
 of way on ra.ilroad right of way. 
 L.R.A.i916E, 582. 
 
572 
 
 INDEX TO NOTES. 
 
 TELEGRAPHS, 1.— cont'd. 
 § 5. Control; regulation. 
 
 Uegulation of rates, see infra, § 7. 
 
 Requiring connection or joint use of prop- 
 erties of telegraph companies as a tak- 
 ing for which compensation must be 
 made. 50 L.RA.(N.S.) 652; L.R.A. 
 1916E, 759. 
 
 § 7. Bates. 
 
 Valuation of property for purpose of fixing 
 rates, see Ptoblic Service Coepora- 
 
 TIONS, § 5. 
 Estimating return of company for rate- 
 making purposes, see Public Sbkvice 
 
 CORPOEATIONS, § 6. 
 
 Plight to reduce rates fixed by franchise or 
 charter. L.R.A.1915C, 261. 
 
 III. Messages, 
 a. In general, 
 
 § 9. Generally. 
 
 Pleadings of plaintiff in action against 
 company, see Pleading, § 17. 
 
 § 10. Contracts by means of. 
 
 Time and place of consummation of contract 
 when offer by letter is accepted by 
 telegram or vice versa. L.E.A.1916A, 
 1302. 
 
 Routing of telegram. 50 L.R.A.(N.S.) 94. 
 
 b. Duty and liability with, respect to. 
 1. In general. 
 
 § 11. Generally. 
 
 Measure of damages for default or mistake 
 in messages, see Damages, §§ 41, 102, 
 103, 117. 
 
 As to routing of telegram. 50 L.R.A. (N.S.) 
 
 94. 
 Liability of telegraph company for disclos- 
 ing contents of message. L.R.A. 
 1915'C, 487. 
 Liability at common law. L.R.A.1915C, 
 
 487. 
 Statutory liability. L.E.A.1915C, 489. 
 
 g 16. I/iability for transmission or 
 delivery of forged message. 
 
 Liability of company when its agent is de- 
 ceived. L.R.A.1915A, 121. 
 Liability to addressee. L.R.A.1915A, 
 
 ]21. 
 Liability to stranger. L.R.A.1915A, 
 122. 
 Liability of companv when its agent perpe- 
 trates the fraud. L.E.A.191oA, 123. 
 
 2. To wJiom liable. 
 
 § 17. Generally. 
 
 Who may maintain action for damages tor 
 mental anguish in telegraph case. 49 
 L.R.A.(N.S.) 275, 277. 
 
 TELEGRAPHS, III. b, 2— cont'd. 
 Eight of sender or addressee to recover from 
 telegraph company damages result- 
 ing from latter acting upon mes- 
 sage changed during transmission. 
 51 L.R.A.(X.S.) 439. 
 Right of sender. 51 L.R.A. (X.S.) 440. 
 Telegraph company as agent of 
 
 sender. 51 L.R.A. (N.S.) 440. 
 Telegraph company as agent of 
 
 party who selects it as means 
 
 of communication. 51 L.R.A. 
 
 (N.S.) 441. 
 Telegraph company as independent 
 
 principal. 51 L.E.A.(N.S.) 
 
 441. 
 Right of addressee. 51 L.R.A. (N.S.) 
 
 442. 
 Telegraph company as agent of 
 
 sender. 51 L.R.A. (N.S.) 444. 
 
 g 18. Addressee. 
 
 Right of addressee of telegram to sue for 
 damages for mental anguish resulting 
 from negligence in delivery of tele- 
 gram. 49 L.E.A.(X.S.) 275. 
 
 Eight of addressee to recover from tele- 
 graph company damages resulting from 
 latter's acting on message changed 
 during transmission. 51 L.R.A. (N.S.) 
 442. 
 
 3. Sufficiency of notice of contents, 
 
 § 19. Generally. 
 
 Necessity and sufficiency of notice to tele- 
 graph company that negligence in re- 
 spect to the telegram might cause men- 
 tal anguish. 49 L.R.A. (N.S.) 308. 
 Duty with respect to cipher and unintelli- 
 gible telegrams. 43 L.E.A.(N.S.) 
 502. 
 Action by receiver. 43 L.E.A. (N.S.) 
 
 502. 
 Action by sender. 43 L.E.A. (N.S.) 507. 
 
 4. Stipxilations and, conditions; limita- 
 tion of liability. 
 
 § 20. Generally. 
 
 Effect of stipulations requiring notice of 
 loss to be given in specified time in ac- 
 tion to recover damages for mental 
 anguish caused by negligence in trans- 
 mission of message. 49 L.R.A. (N.S.) 
 265. 
 
 Validity of limitation of liability of tele- 
 graph company for unrepeated mes- 
 sages. L.R.A.1915B, GS5. 
 
 TELEPHONES. 
 
 Begin tvith this booTc on every law question. 
 
 I. In general, §§ 1, 2. 
 II. Construction of line; right of way 
 for, § 3. 
 III. Control and regulation of, §§ 4—9. 
 IV. Messages, § 10. 
 
INDEX TO NOTES. 
 
 573 
 
 TELEPHONES— comfd. 
 
 /. In general. 
 
 § 1. Generally. 
 
 Matters as to electric wires and poles gen- 
 erally, see Eleoikicity. 
 
 Liability for personal injuries, see Elec- 
 TBICaCTY, III. 
 
 Unlawful combination of telephone compa- 
 nies, see Monopoly and Combinations, 
 § 10. 
 
 Valuation of property of, see Public Serv- 
 ice COKPORATIONS, § 5. 
 
 Estimating return of company, see Public 
 Service Corporations, § 6. 
 
 Service of writ or process by telephone. 
 L.R.A.1915D, 427. 
 
 Eight of telephone company to challenge 
 powers or privileges of rival. L.R.A. 
 1916B, 1087. 
 
 Statutes prohibiting interference with tele- 
 phone lines. 50 L.R.A. (N.S.) 1216. 
 
 Duty of telephone companies to make phys- 
 ical connection. 43 L.R.A. (N.S.) 550. 
 
 Duty of railroad company to install in its 
 station. 47 L.R.A. (N.S.) 974. 
 
 § 2. Contract for esclnsive service. 
 
 Validity of contracts between telephone 
 companies for exclusive connection. 
 45 L.R.A. (N.S.) 465. 
 
 II. Construction of line; riglit of way 
 for. 
 
 -§ 3. Generally. 
 
 Measure of compensation for taking line for 
 right of way for, see Damages, § 86. 
 
 Telephone wires in street, see Highways, § 
 24. 
 
 Injury to trees in construction of line, see 
 Highways, § 42. 
 
 Eight to carry wires across railroad. L.E.A. 
 1915B, 823. 
 
 III. Control and regulation of. 
 
 § 4. Generally. 
 
 _As to regulation of public service corpora- 
 tions generally, see Public Service Cob- 
 
 POBATIOXS. 
 
 ,'Eequiring connection or joint use of prop- 
 erties of telephone companies as a tak- 
 ing for which compensation must be 
 made. .50 L.R.A. (N.S.) 652; L.R.A. 
 1916E, 759. 
 
 § 5. Rates; charges. 
 
 Valuation of property for purpose of fixing 
 rates, see Public Service Corpora- 
 tions, § 5. 
 
 Estimating return of company for rate-mak- 
 ing purposes, see Public Service Coe- 
 
 PORATIONS, § 6. 
 
 •Right to raise rates of public service corpo- 
 ration fixed by franchise. L.R.A. 
 1915C, 287. 
 
 Eight to reduce rates fixed bv franchise or 
 charter. L.R.A.1915C, 261. 
 'Consult also L.R.A. Digests to date. 
 
 TELEPHONES, III.— coni'd. 
 
 Effect of contract with patron to preclude 
 regulation of rates. L.R.A.1915C, 282. 
 
 Incorporation of territory into munici- 
 pality as affecting existing contract as 
 to telephone rates in that territory. 
 L.R.A.1916A, 1071. 
 
 Power of municipality, apart from contract, 
 to regulate rates to be charged by tele- 
 phone company. 43 L.R.A. (N.S.) 994. 
 
 IV. Messages. 
 
 §10. Generally. 
 
 Use of subscriber's telephone by nonsub- 
 scriber. 45 L.R.A. (N.S.) 990. 
 
 Reasonableness of rule of telephone com- 
 pany requiring subscriber to pay for 
 all long-distance messages originating 
 from his telephone. L.K.A.1915E, 323. 
 
 Liability of telephone company for failure 
 to make connections for subscriber. 
 L.R.A.1915C, 450. 
 
 TELLTALES. 
 
 On overhead railroad bridges or other 
 structures. 47 L.R.A. (N.S.) 486. 
 
 TEMPERATURE. 
 
 Duty of carrier as to temperature of car, 
 see Carriers, § 42. 
 
 ♦ » » 
 
 TEMPORARY ALIMONY. 
 
 See Divorce and Separation, §§ 39, 40. 
 
 ♦-•-♦ 
 
 TEMPORARY CHANGE. 
 
 Of conditions of insured property, see In- 
 surance, § 89. 
 
 Of occupation by insured, see Insurance, § 
 95. 
 
 See Injunction, § 80. 
 
 ♦ » » 
 
 TEMPORARY INJUNCTION. 
 
 See Injunctions, § 80. 
 
 •-•-♦ 
 
 TEMPORARY WEAKNESS. 
 
 As affecting testamentary capacity. L.R.A. 
 1915A, 463. 
 
 ♦ «» 
 
 TENANCY. 
 
 See Landlord and Tenant. 
 
574 
 
 INDEX TO NOTES. 
 
 TENANCY BY ENTIRETY. 
 
 See Husband and Wife, § 27. 
 
 *-•-♦ 
 
 TENANCY IN COMMON. 
 See Cotenancy. 
 
 ^»» 
 
 TENANTS. 
 
 In general, see Landlord and Tenant. 
 Life tenants, see Curtesy; Dower; Life 
 
 Tenants. 
 Cotenants, see Cotenancy. 
 Tenant by the entirety, see Husband and 
 
 Wife, § 27. 
 
 < «» 
 
 TENANTS IN COMMON. 
 See Cotenancy. 
 
 TENDER. 
 
 § 1. Generally. 
 
 Of goods sold, see Sale, § 14. 
 Of taxes, see Taxes, §§ 64, 65. 
 
 § 2. Necessity for. 
 
 Necessity of tender by seller in order to re- 
 cover purchase price where purchaser 
 wrongfully repudiates his contract. 51 
 
 L.E.A.(N.S.) 740. 
 
 g 3. Sufficiency of. 
 
 Sufficiency of tender of fare to prevent 
 ejection of passenger, see Cabbiers, § 
 33. 
 
 Sufficiency of tender of payment to prevent 
 acceleration of maturity of entire 
 debt. 47 L.E.A.(N.S.) 980. 
 
 Instalment of principal. 47 L.R.A. 
 (N.S.) 980. 
 
 Interest. 47 L.R.A. (N.S.) 981. 
 
 Taxes. 47 L.R.A. (N.S.) 983. 
 
 § 8. Effect. 
 
 Tender of debt due from estate as affecting 
 creditor's right to letters of adminis- 
 tration. 45 L.R.A.(N.S.) 237. 
 
 TENEMENT HOUSES. 
 
 Constitutionality of laws prohibiting carry- 
 ing on of employments or occupations 
 upon certain premises. 44 L.R.A. 
 (N.S.) 46. 
 
 Tenement house as violation of restrictive 
 covenants. 45 L.R.A. (N.S.) 726, 
 
 TENURE. 
 
 Of office, see Officees, § 16. 
 
 TERM. 
 
 Of tenant, see Landlord and Tenant, § 23. 
 Of office, see OrncEES, § 16. 
 
 TERMINATION. 
 
 Of attachment, see Attachsient, § 18. 
 
 Of relation of carrier and passenger, see 
 Cabbiers, § 9. 
 
 Of contract generally, see Cg^^teacts, § 146. 
 
 Of insurance, see Insurance, §§ 104, 305. 
 
 Of prosecution, giving right to bring actioa 
 for malicious prosecution, see Ma- 
 licious Prosecution. 
 
 Of agency, see Principal and Agent, §§ 6, 
 7. 
 
 Of lease, see Landlord and Tenant, III. d. 
 
 Of contract of employment, see Master axd 
 Servant, II. i. 
 
 Of agency, see Principal and Agent, §§ 6, 
 7. 
 
 Of contract of sale, see Sale, § 3. 
 
 Of trust, see Trusts, III. 
 
 TERRITORIAL LIMITS. 
 
 Jurisdiction as affected by, see Courts, IV. 
 
 Territorial extent of lien of execution. 45 
 L.R.A.(N.S.) 267. 
 
 Investments by trustees in foreign jurisdic- 
 tions. 45 L.R.A.(N.S.) 411. 
 
 TEST. 
 
 Implied warranty in addition to stipulated 
 test. L.R.A.1915B, 1131. 
 
 *« » 
 
 TESTAMENTARY CAPACITY. 
 
 See Wills, III. e. 
 
 ♦-•-♦ 
 
 TESTAMENTARY CHARACTER. 
 
 Of will, see Wills, § 7. 
 
 Begin ivith this hook on evei't/ law question. 
 
 TESTAMENTARY GUARDIAN. 
 
 Effect of invalid attempt to appoint. 4& 
 
 L.R.A. (N.S.) 446. 
 
INDEX TO NOTES 
 TESTAMENTARY LIBEL. 
 
 Law as to. 49 L.E.A.(N.S.) 897. 
 » « » 
 
 TESTAMENTARY TRUSTEES. 
 
 See Teusts, IV. 
 
 ♦-»-• 
 
 TESTIMONY. 
 
 See Evidence; Witnesses. 
 
 •-•-• 
 
 TEXAS CATTLE. 
 
 Validity and construction of statutory reg- 
 ulations as to infected cattle. 43 L.R.A. 
 (X.S.) 1066. 
 
 #»» 
 
 TEXT-BOOKS. 
 
 See Schools, § 36. 
 
 -♦-•-♦ 
 
 THEATERS. 
 
 See Amusements. 
 
 THEFT. 
 
 In general, see Laecext. 
 
 Insurance against, see Insurance, XI. 
 
 THEORY OF CASE. 
 
 Necessity of, in pleading, see Pleading, § 
 16a. 
 
 THIRD DEGREE. 
 
 See Evidence, § 209. 
 
 THIRD PERSON. 
 
 Delivery of deed to, see Deeds, § 8 ; Escrow. 
 
 Pending of suit by, as suspending the run- 
 ning of the statute of limitations. 52 
 L.E.A.(N.S.) 1165. 
 
 THREATS. 
 
 § I. Generally. 
 
 Voluntariness of confession made under. 50 
 L.R.A. (N.S.) 1077. 
 Consult also L.R.A. Digests to date. 
 
 575 
 force sufficient to^ 
 
 THREATS— coTCi'd. 
 Threat of prosecution 
 
 constitute robbery. 46 L.R.A. (N.S.) 
 
 1153. 
 Threat of imprisonment by public officer as 
 
 duress. L.R.A.1916B, 670. 
 Contracts procured by threat of prosecution 
 
 of a relative. L.R.A.1915D, 1118. 
 
 TICKET AGENTS. 
 
 Service of process on railroad or steam- 
 ship company by delivery to. L.R.A. 
 1916F, 453. 
 
 TICKETS. 
 
 To place of amusement, see Amusements, | 
 
 4. 
 Of carriers, see Cabbiees, §§ 16-29. 
 
 TIE VOTE. 
 
 See Elections, § 16. 
 
 TIGER. 
 
 Lial)ility for injury by. 52 L.R.A. (N.S.) 
 378. 
 
 TIMBER. 
 
 § 1. Generally. 
 
 Measure of damages for vtrongful cutting 
 
 or destruction of, see Damages, § 75. 
 See also Logs and Logging; Teees. 
 
 Right as between owner of land and owner 
 
 of timber thereon to annual product of 
 
 the trees. L.R.A.1915E, 307. 
 Title and right to stranded timber. 43 
 
 L.R.A.(N.S.) 460. 
 Right to timber on railroad right of way 
 
 as between company and fee owner. 4.5 
 
 L.R.A. (N.S.) 801. 
 Jurisdiction of action for conversion of, 
 
 from land in another state or country. 
 
 44 L.E.A.(N.S.) 268. 
 
 § 2. Conveyance of title to standing 
 timber virithout title to land. 
 
 Effect of contract with regard to standing 
 timber to pass title to the same. 
 47 L.R.A. (N.S.) 870. 
 Deeds absolute in terms. 47 L.R.A. 
 
 (N.S.) 871. 
 Rule that indefeasible title passes. 47 
 L.R.A.(N.S.) 871. 
 Contracts of sale specifying time 
 for removal. 47 L.R.A. (N.S.) 
 871. 
 
576 
 
 INDEX TO NOTES. 
 
 TTMB^B.— cont'd. 
 
 Deed reserving timber to be re- 
 moved in fixed time. 47 
 L.R.A.(N.S.) 872. 
 Contract of sale not specifying 
 time for removal. 47 L.R.A. 
 (N.S.) 873. 
 Rule in Louisiana. 47 L.R.A. 
 (N.S.) 873. 
 Effect of cutting. 47 L.R.A. (N.S.) 
 
 874. 
 Effect of manufacturing timber into 
 
 lumber. 47 L.R.A. (N.S.) 874. 
 Rule that defeasible title only passes. 
 47 L.R.A.(N.S.) 875. 
 Contracts specifying time for re- 
 moval. 47 L.R.A. (N.S.) 875. 
 Contracts not specifying time for 
 removal. 47 L.R.A. (N.S.) 
 
 876. 
 Where contract is uncertain. 47 L.R.A. 
 
 (N.S.) 876. 
 Inference from language of contract 
 that parties did not intend title 
 to pass. 47 L.R.A.(N.S.) 877. 
 License or oral contract to cut. 47 
 L.R.A.(N.S.) 877. 
 
 § 4. ^time for removal generally; 
 forfeiture of rights. 
 
 Rights under conveyance or reservation of 
 timber not specifying time for re- 
 moval. 3 B. R. C. 873. 
 Where absolute estate is not granted. 
 3 B. R. C. 875. 
 Where instrument specified definite 
 time after cutting shall com- 
 mence. 3 B. R. C. 881. 
 Indefinite extension of definite 
 
 time. 3 B. R. C. 883. 
 Parol license. 3 B. R. 0. 884. 
 Notice to remove. 3 B. R. C. 885. 
 Where absolute estate is created, or 
 removal not presently contem- 
 plated. 3 B. R. 0. 886. 
 Distinctions bet;ween grant, reser- 
 vation and exception. 3 B. R. 
 0. 892. 
 Loss of right to remove vpithout 
 loss of title. 3 B. R. C. 893. 
 What constitutes reasonable time; how 
 determined. 3 B. R. C. 895. 
 Must timber sold or reserved vpithout speci- 
 fying time be removed vpithin rea- 
 sonable time. 46 L.R.A. (N.S.) 
 672. 
 Introduction. 46 L.R.A. (N.S.) 672. 
 Reasonable time only, inferred. 46 
 
 L.R.A.(N.S.) 673. 
 Unlimited time inferred from terms of 
 
 contract. 46 L.R.A.(N.S.) 676. 
 Unlimited time inferred from failure 
 to fix definite time. 46 L.R.A. 
 (N.S.) 677. 
 How reasonable time is determined. 46 
 
 L.R.A. (N.S.) 679. 
 What constitutes reasonable time. 46 
 L.R.A.(N.S.) 681. 
 Effect of expiration of time for removal of 
 timber. 47 L.R.A. (N.S.) 882. 
 
 TIMBER— co»i«U 
 
 Rule that grantee's rights are termi- 
 nated by expiration of time given 
 for removal. 47 L.R.A. (N.S.) 883. 
 
 Cutting as a removal. 47 L.R.A. (N.S.) 
 886. 
 
 Where timber is manufactured into 
 "lumber." 47 L.R.A. (N.S.) 888. 
 
 Rule that grantee's rights are not ter- 
 minated by expiration of time lim- 
 it. 47 L.R.A.(N.S.) 888. 
 
 g 6. Bight to cut. 
 
 Injunction against trespass to cut, see In- 
 junction, § 23. 
 
 Tenant's right to cut, see Landlobd and 
 Tenant, § 54. 
 
 Right of owner or lessee of mineral in place 
 to cut timber upon the surface of the 
 land. 48 L.R.A. (N.S.) 892. 
 
 Begin irith this hoolc on every larv question. 
 
 TIME. 
 
 /. In general. 
 IV. Computation of time. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Of accrual of cause of action, see Action ob 
 Suit, § 7. 
 
 For taking appeal, see Appeal and- Ekeoe, 
 IV. e. 
 
 Date, see Date. 
 
 To present claim against decedent's estate, 
 see Exeoutobs and Administbatoes, § 
 40. 
 
 Extension of, see Extension, § 2. 
 
 Allegation as to time in indictment, see In- 
 dictment, etc., § 5. 
 
 Of judicial sale, see Judicial Sale, §§ 3, 4. 
 
 Time within which action must be com- 
 menced, see Limitation of Actions. 
 
 Statutory regulation as to time of payment 
 of wages, see Mastee and Servant, § 
 31. 
 
 Of notice, see Notice, § 11. 
 
 Of payment, see Payment, § 17. 
 
 For recording instrument, see Recobds and 
 Recoeding Laws, § 23. 
 
 Of what time rights are to be determined in 
 estimating compensation to be paid 
 public utility company upon taking its 
 plant. 47 L.R.A.(N.S.) 790. 
 
 Time as of which valuation of public service 
 property is to be made. L.R.A.1916F, 
 663. 
 
 Time as of which valuation of decedent's 
 estate is to be taken for assignment of 
 share of surviving spouse. 3 B. R. C. 
 973. 
 
 For ascertaining value of land for purpose 
 of assigning dower. 3 B. R. C. 951. 
 
 Presumption as to receipt of communica- 
 tion sent through mail in due course 
 of mail. 49 L.R.A.(N.S.) 465. 
 
INDEX TO NOTES. 
 
 677 
 
 TIME, 1.— cont'd. 
 
 Time as of which residence is fixed in de- 
 termining what is nonresidence for the 
 purpose of debtor's exemption. L.R.A. 
 1915A, 424. 
 
 Necessity of and time for acceptance of 
 resignation by employee of a private 
 employer. L.R.A.1915D, 477. 
 
 Necessity and sufficiency of allegation or 
 proof as to time of injury to persons 
 or property on railroad track. L.R.A. 
 
 igasA, 781. 
 
 Time covered by recognizance or bail bond 
 in criminal case. L.R.A.1916F, 363. 
 
 Allowing reasonable time to purchaser at 
 judicial sale to examine title. 52 L.R.A. 
 
 (N.S.) 751., 
 
 § 2. Juridical matters. 
 
 For taking appeal, see Appeal and Eeroe, 
 
 IV. e. 
 For executing appeal bond, see Appeal and 
 
 Erroe, § 16. 
 Of serving pleading, see Pleading, § 8. 
 
 For making application for mandamus to 
 compel filing of petition for referendum. 
 50 L.R.A.(N.S.) 218. 
 
 § 3. Contractual matters generally. 
 
 Certainty as to, as element of negotiability, 
 
 see Bills and Notes, § 21. 
 Of maturity of negotiable paper, see Bills 
 
 AND Notes, §§ 54-57. 
 For performance of contract, see Contracts, 
 
 §§ 63, 132. 
 Release of surety by extension of time, see 
 
 Principal and Surety, § 15. 
 Of passing of title to personalty, see Sale, 
 
 VI. 
 For removal of tim^ber conveyed, see Timber, 
 
 § 4. 
 
 For assent and execution of release pro- 
 vided for in assignment for creditors. 
 50 L.R.A.(N.S.) 744. 
 
 Time for exercising option reserved in con- 
 tract of sale to return or resell prop- 
 erty. 50 L.R.A. (N.S.) 594. 
 
 Time of consummation of contract when 
 oflfer by letter is accepted by telegram, 
 or vice versa. L.R.A.1916A, 1302. 
 
 § 4. Insurance matters. 
 
 Of payment of premium or assessment, see 
 
 Insurance, § 113. 
 Of giving proofs or notice of loss, death, 
 
 accident, or sickness, see Insurance, § 
 
 146. 
 
 Effect of failure to apply for paid-up insur- 
 ance within time stipulated. 51 L.R.A. 
 (N.S.) 1044. 
 
 Effect of provision in employer's liability 
 or other indemnity policies, requiring 
 immediate notice of accident, claim or 
 suit. 3 B. R. C. 723. 
 
 Date from which the period to which a de- 
 fense is limited in life insurance policy 
 is to be computed. L.R.A.1915F, 703. 
 Consult also L.B.A. Digests to date. 
 43— '16F. 
 
 TIME, I.— cont'd. 
 
 § 5. Matters as to carrier!. 
 
 Stipulation as to time of giving notice to, 
 or commencing suit against, carrier, 
 see Carriers, § 133. 
 
 Right of street railway company to limit 
 time of transfer. 52 L.R.A. (N.S.) 
 908. 
 
 § 6. —reasonableness of time. 
 
 Reasonableness of time fixed in contract of 
 shipment of goods or live stock for 
 bringing action. L.R.A.1916D, 350. 
 
 Reasonableness of time fixed in contract of 
 shipment of live stocl< for presentation 
 of claim for damages. L.R.A.1916D, 
 341. 
 
 § 10. I<oss of, as element of damages. 
 
 Loss of time as element of damages in ac- 
 tion against telegraph companv. 52 
 L.R.A.(N.S.) 1180. 
 
 § 11. Of death. 
 
 Instantaneous death as test of right of 
 action or amount of recovery. L.R.A. 
 1916C, 973. 
 
 Abridgement of time necessary to raise pre- 
 sumption of death. L.R".A.1915B, 744. 
 
 As to time of death of one presumed to be 
 dead after seven years' absence unheard 
 of. L.R.A.1915B, 756. 
 
 § 13. Reasonableness of. 
 
 In matters relating to carriers, see supra, 
 § 6. 
 
 Reasonableness of time for removal of tim- 
 ber sold or reserved without specifying 
 time. 46 L.R.A. (N.S.) 681. 
 
 What constitutes reasonable time for re- 
 moval of timber under conveyance or 
 reservation not specifying time. 3 
 B. R. C. 895. 
 
 IT. Computation of time, 
 
 § 16. Generally. 
 
 Computation of time of receipt of communi- 
 cation sent through mail. 49 L.R.A. 
 (N.S.) 466. 
 Date from which the period to which a de- 
 fense is limited in life insurance 
 policy is to be computed. L.R.A. 
 1915F, 703. 
 In case of reinstatement. L.R.A.1915F, 
 705. 
 
 § 17. Bule as to first and last days in. 
 
 § 19. — counting or excluding Sun- 
 day. 
 
 Effect of day for payment falling on Sun- 
 day. 3 B. R. C. 678. < 
 
 Non-negotiable contracts. 3 B. R. 0. 
 678. 
 
 Payments required by law to be made 
 within a certain time. 3 B. R. C. 
 682. 
 
 37 
 
578 
 
 INDEX TO NOTES. 
 
 TIME, lV.—confd. 
 
 Commercial paper. 3 B. R. C. 684. 
 Entitled to grace. 3 B. R. C. 684. 
 Where last day of grace falls 
 on Sunday. 3 B. E. C. 
 68f 
 Where .nominal maturity falls 
 onj Sunday. 3 B. R. C. 
 686. 
 Not entitled to grace. 3 B. R. C. 
 
 TIME CLOCK. 
 
 Right of master to withhold wages of serv- 
 ant for failure to record his time. 45 
 
 L.R.A.(N.S.) 644. 
 
 TIN TOP. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 316. 
 
 TITLE. 
 
 § 1. Generally. 
 
 Abstracts of, see Abstract of Title. 
 
 Title by adverse possession, see Adverse 
 Possession. 
 
 To funds collected by bank, see Banks, § 32. 
 
 Cloud on, see Cloud on Title. 
 
 Covenants of warranty, see Covenants, III. 
 e. 
 
 Title acquired in eminent domain, see Emi- 
 nent Domain, § 24. 
 
 Presumption and burden of proof as to, see 
 Evidence, §§ 104, 105. 
 
 Evidence as to, see Evidence, § 281. 
 
 Notice of, from possession of land, see No- 
 tice, § 17. 
 
 Records of, see Records and Recording 
 Laws, IV. 
 
 Reservation of, on sale of property, see 
 Sale, § 15. 
 
 Passing of, on sale of personalty, see Sale, 
 VI. 
 
 Warranty of, on sale of personalty, see Sale, 
 § 28. 
 
 Of statute, see Statutes, II. d. 
 
 Tax title, see Taxes, § 81a. 
 
 As between vendor and purchaser, see Ven- 
 dor AND Purchaser, II. c. 
 
 Estoppel of one who permits the title of 
 real property to stand in another's 
 name to assert title as against the lat- 
 ter's creditors. 46 L.R.A.(N.S.) 1097. 
 
 Trial of title to property in proceedings in- 
 stituted by search warrant. 46 L.R.A. 
 (N.S.) 970. 
 
 Transfer of title to note by indorsement in 
 form of guaranty. L.R,A.19150, 661. 
 
 TITLE— eomt'd. 
 
 Of insured property, see Insurance, V. h, 
 1 (b). 
 
 To property of religious society, see Re- 
 ligious Societies, § 3. 
 
 To real property generally, see Deeds, III. 
 f; Real Peopebtt, § 3; Vendor and 
 Purchaser, II. c; Wills, V. j. 
 
 Effect of contract with regard to standing 
 
 timber to pass title to the same. 47 
 
 L.R.A.(N.S.) 870. 
 Title of owner to material employed in an 
 
 improvement made by him in a street 
 
 which the municipalitv has refused to 
 
 accept. L.R.A.1915B, 187. 
 To escaped inanimate property. 43 L.R.A. 
 
 (N.S.) 460. 
 To goods which purchaser elects to return 
 
 for credit pursuant to contract. L.R.A. 
 
 1916E, 1209. 
 
 TOBACCO. 
 
 Power to prohibit or restrict use of to- 
 bacco. 51 L.R.A.(N.S.) 562. 
 
 Effect on rights of innocent persons of con- 
 fiscation of tobacco under internal 
 revenue laws. L.R.A.1916E, 353. 
 
 TOLL BRIDGES. 
 
 See Bridges, §§ 8, 9. 
 
 • ■ > 
 
 TOLLING. 
 
 Of limitations, see Limitation of ActionSv 
 
 •-•-• 
 
 TOLL ROADS. 
 
 § 1. Generally. 
 
 Toll-bridges, see Bridges, §§ 8, 9. 
 
 Compensation to be paid proprietors of, 
 on taking toll road for public use. 47 
 L.R.A.(N.S.) 795. 
 
 § Z. Tolls. 
 
 As to rates charged by public service 
 corporations, see Rates, § 2. 
 
 TOLLS. 
 
 § 1. Generally. 
 
 As to rates charged by public service corpo- 
 rations, see Rates, § 2. 
 
 TOMBS AND TOMBSTONES. 
 
 g 2. To -nrhat property. As part of funeral expenses. 62 L.R.A. 
 
 To highway, see Highways, IV. (N.S.) 1158. 
 
 Begin with this boole on every law question. 
 
INDEX TO NOTES. 
 
 57S 
 
 TONGS. 
 
 Master's liability for injury by defects in. 
 51 L.R.A.(N.S.) 337. 
 
 TOOLS. 
 
 Master's duty as to, see Master and Serv- 
 ant, III. a, 6. 
 
 TORNADO. 
 
 Causes of loss covered by tornado insur- 
 ance. L.K.A.1915B, 1094. 
 
 4 ■ » 
 
 TORRENS I,A^xr. 
 
 See Eecobds and Recording Laws. 
 
 »« » 
 
 TORTS. 
 
 § 1. Generally. 
 
 As to particular classes of torts, see Spe- 
 crpio Titles, e. g., Automobiles; Car- 
 riers; Conspiracy; Highways; Libel 
 AND Slander; Malice; Malicious 
 Prosecution; Master and Servant; 
 Motive ; Municipal Corporations ; 
 Negligence; Bailboads; Street Rail- 
 ways, etc. 
 
 Assignability of cause of action for, see 
 Assignment, § 5. 
 
 Action for, generally, see Case. 
 
 Conflict of laws as to, see Conflict of 
 Laws, I. e. 
 
 Measure of damages for, generally, see 
 Damages. 
 
 Exemplary damages for, see Damages, II. 
 
 Loss of profits as element of damages for, 
 see Damages, § 108. 
 
 Eight of action for causing death, see 
 Death, II. 
 
 Waiver of, see Election of Remedies, § 3. 
 
 Injunction against, see Injunction, II. d. 
 
 Liability for tort of keeper or inmate of 
 jail or prison, see Jails and Prisons, 
 § 4. 
 
 Running of limitations against action 
 based on, see Limitation of Actions, 
 §§ 35, 40. 
 
 As to personal injuries generally, see Per- 
 sonal Injuries. 
 
 Pleading as to, see Pleading, § 31. 
 
 Counterclaims in tort in actions on con- 
 tract, see Set-Off and Counterclaim, 
 § 14b. 
 
 Constitutionality of imprisonment for debt 
 in case of. L.R.A.1915B, 646. 
 
 Does statute disqualifying party as a wit- 
 ness, because of death of other party, 
 apply to actions ex delicto. L.R.A, 
 1916D, 811. 
 Consult also L.B.A. Digests to date. 
 
 TOUTS— cont'd. 
 
 Liability for "shadowing" person.' 4S 
 L.R.A. (N.S.) 520. 
 
 Right of action for tort for injury to per- 
 son other than physical as asset of 
 bankrupt. 43 L.R.A. (N.S.) 940. 
 
 Jurisdiction of action at law based on tort 
 against real property in another state- 
 or country. 44 L.R.A. (N.S.) 268. 
 
 Application to claims for torts of statute 
 or ordinance requiring notice or presen- 
 tation as a condition of municipal lia- 
 bility. 50 L.R.A.(N.S.) 175. 
 
 § Z. Who liable for. 
 
 Liability of carrier for, see Carriers, III. d. 
 
 Liability of constable, see Constable, § 2. 
 
 Liability of corporation, see Corporations, 
 § 36a. 
 
 Liability of corporate officers for, see Cor- 
 porations, §§ 56, 57a, 59. 
 
 Liability of counties for, see Counties, § 8.. 
 
 Liability of husband for torts of wife, see 
 Husband and Wife, § 11. 
 
 Action between husband and wife for, see 
 Husband and Wife, § 69a. 
 
 Liability of incompetent persons, see In- 
 competent Persons, V. 
 
 Liability of infants for, see Infants, III. e. 
 
 Joint liability for, see Joint Creditors and 
 Debtors. 
 
 Master's liability for, see Carriers, §§ 10, 
 14, 15a; Master and Servant, IV. 
 
 Liability for torts of independent contrac- 
 tors, see Master and Servant, IV. b. 
 
 Municipal liability for, see Municipal Cor- 
 porations, V. g. 
 
 Officer's liability for, see Officers, § 40. 
 
 Parents' liability for, see Parent anb 
 Child, § 10. 
 
 Liability of partnership, see Partnership, g 
 14. 
 
 Principal's liability for, see Principal and> 
 Agent, § 20. 
 
 Agent's liability for, see Principal and 
 Agent, § 42. 
 
 Sheriff's liability for, see Sheriffs, § 3. i 
 
 Liability of state for, see State, § 11. 
 
 Liability of one who procures defamatory 
 testimony to be given. 4 B. R. C. 986. 
 
 Liability of school district or school cor- 
 poration for. 49 L.R.A.(N.S.) 1026^ I 
 
 Liability of marshal or constable for hig 
 deputy's tort in making an arrest. 
 L.R.A.1915E, 172. 
 
 #«» 
 
 TOTAL LOSS. 
 
 Of insured property, see Insurance, J 173» 
 
 # » » 
 
 TOAVAGE. 
 
 Action on contractor's bond for expense 
 of towage. 43 L.R.A. (N.S.) 170. 
 
 Services covered by towage agreement. 
 L.E.A.1915B, a086.- 
 
580 
 
 INDEX TO NOTES. 
 
 TOWNS. 
 
 § 1. Generally. 
 
 Estoppel of, see Estoppel, I. 
 As to municipal corporations generally, see 
 MtTNiciPAL Corporations. 
 
 Applicability of statute of limitations to 
 actions by. L.R.A.1916E, 99. 
 
 Parol evidence to vary or supplement min- 
 utes of tovfn meeting. 50 L.R.A. (N.S.) 
 99. 
 
 § 7. Iiiabilities ; indebtedness. 
 
 Bonds of, see Bonds, III. 
 Liability for injury on defective highway, 
 see Highways, § 79. 
 
 Liability as between counties and towns for 
 the expense of maintaining a boundary 
 bridge between counties. L.E..A.1916F, 
 524. 
 
 Liability for damage to vessel by bridge. 
 L.R.A.1915F, 1062. 
 
 § 8. Officers. 
 
 Parol evidence to vary or supplement rec- 
 ords of. 50 L.R.A.(N.S.) 99. 
 
 Power of board to appoint officer or make 
 contract for term extending beyond its 
 own term. L.R.A.1915E, 581. 
 
 TRACK INSPECTORS. 
 
 As fellow servants. 52 L.R.A. (N.S.) 1103. 
 
 TRACK REPAIRERS AND I.A- 
 BORERS. 
 
 As fellow servants. 52 L.R.A. (N.S.) 1101. 
 
 * « » ■ 
 
 TRADE. 
 
 Restraint of, see Contracts, IV. d; Monop- 
 oly AND Combinations. 
 
 As to unfair competition in, see Unfair 
 Competition. 
 
 What is a "trade" within exemption laws. 
 
 L.R.A.1915F, 916. 
 Solicitation of, as doing business witli 
 
 state. L.R.A.1916E, 236. 
 
 TRADE FIXTURES. 
 
 See FrxTHRBS. 
 
 TRADE INDUCEMENTS. 
 
 As to trading stamps, see Trading Stamps. 
 
 TRADEMARK. 
 
 /. In general, § 1. 
 T. Protection, §§ 6, 7. 
 TI. Extent of right; exclusive use, §§ 
 S, 9. 
 ril. Infringement, §§ 10, 11. 
 
 I. In general. 
 
 § 1. Generally. 
 
 See also Tradenames ; Unfair Competition. 
 
 V. Protection. 
 
 § 6. Generally. 
 
 Use of tradename on articles other than 
 those to which it is applied by the 
 owner. 47 L.R.A. (N.S.) 1002. 
 
 § 7. What may be protected as. 
 
 Right to protection in use of terms descrip- 
 tive of a process. L.R.A.1916E, 633. 
 
 Colored threads or strands in fabric as 
 trademark. L.R.A.1915F, 1107. 
 
 VI. Extent of right; exclusive use. 
 
 § 8. Extent of right. 
 
 Use of trademark on articles other than 
 those to which it is applied by the own- 
 er. 47 L.R.A.(N.S.) 1002. 
 
 Territorial extent of right in trademark 
 used in limited locality where used by 
 another in a different locality. L.R.A. 
 1916D, 143. 
 
 VII. Infringement. 
 
 §11. AVhat constitutes. 
 
 Protection against, see supra, §§ 6, 7. 
 Injunction against, see Injunction, § 69. 
 
 Use of another's trademark, or insignia not 
 technically a trademark, for adver- 
 tising purposes as infringement or 
 unfair competition. L.R.A.1915B, 
 
 or name not attached to 
 article by user. L.R.A. 
 
 Where mark 
 original 
 1915B, 889. 
 
 Where not attaclied to article by subse- 
 quent user. L.R.A.1915B, 890. 
 
 Where no exclusive right to use name; 
 family name. L.R.A.1915B, 8'jl. 
 
 Generic term. L.R.A.1915B, 894. 
 
 Eight to advertise former connection 
 with firm. L.R.A.1915B, 895. 
 
 TRADENAMES. 
 
 Begin with this hoolc on every latv question. 
 
 § 1. Generally. 
 
 Injunction against misuse of, see Injuno- 
 
 TION, § 69. 
 
 See also Trademarks ; Unfair Competition. 
 
 § 2. 'What may be. 
 
 Use of one's own name as, see Name, § 18. 
 
INDEX TO NOTES. 
 
 581 
 
 TRADENAMES— oomf'd. 
 § 4. Protection of. 
 
 lujunction to protect, see Injunction, § 69. 
 
 § 6. Extent of use. 
 
 Use of tradename on articles other than 
 tliose to which it is applied by the 
 owner. 47 L.R.A.(N.S.) 1002. 
 
 Territorial extent of right in trade name 
 used in limited locality where used by 
 another in a different locality. L.R.A. 
 1916D, 143. 
 
 § 7. Infringement. 
 
 Injunction against, see Injunction, § 69. 
 
 TKADE SECRETS. 
 
 See Secrets. 
 
 TRADESMEN. 
 
 Effect of notice to, on husband's liability 
 for personal necessaries furnished wife. 
 47 L.R.A.(N.S.).281. 
 
 4 ■ » 
 
 TRADE UNION. 
 
 See Labor Organizations. 
 
 < ■ » 
 
 TRADING STAMPS. 
 
 Constitutionality of statutes as to, see Con- 
 stitutional Law, § 142. 
 
 License of business of dealing in, see Li- 
 cense, § 42. 
 
 Forbidding use of trading stamps. 49 
 
 L.R.A. (N.S.) 1123. 
 Gratuitous distribution of tokens entitling 
 
 holders of certain numbers to prizes, 
 
 as a lottery. 3 B. R. C. 984. 
 Trading stamp contract as a monopoly. 
 
 L.R.A.1915D, 520. 
 
 T-RAIL CUTTER. 
 
 Master's liability for injury by defects in. 
 51 L.R.A. (N.S.) 338. 
 
 TRAIN DESPATCHER. 
 
 As fellow servant, see JMaster and Servant, 
 § 149. 
 
 ♦-•-• ■ 
 
 TRAINING SCHOOr. 
 
 Confinement in, as cruel and unusual pun- 
 ishment. L.R.A.1915C, 563. 
 Consult also L.R.A. Dirjcsts to date. 
 
 TRAINING SOIiOOL— cont'd. ! 
 
 Statutory power of local authority to main- 
 tain teacher's training department iii 
 school. 52 L.R.A.(N.S.) 163. 
 
 — ♦-•-♦ 
 
 TRAIN MASTER. 
 
 As fellow servant. 52 L.R.A. (N.S.) 1105. 
 
 < ■ » 
 
 TRAINMEN. 
 
 As fellow servants. 52 L.R.A. (N.S.) 1082, 
 
 1106, 1142. 
 As fellow servants of telegraph operators. 
 
 52 L.R.A.(N.S.) 1123. 
 As fellow servants of block signal operators. 
 
 52 L.R.A.(N.S.) 1127. 
 
 TRAINS. 
 
 Regulation as to stopping of, see Carriers, 
 § 162. 
 
 TRAMP ACT. 
 
 Cruel and unusual punishment for viola- 
 tion of. L.R.A.1915C, 570. 
 
 TRAM'WAYS. 
 
 Right of owner or lessee of mineral in place 
 to build tramways on surface. 48 
 
 L.R.A.(N.S.) 886. 
 
 TRANSFER. 
 
 In genet-al, see Assignment. 
 
 Street car transfer, see Carrier, § 27. 
 
 Of corporate stock, see Corporations, VIII. 
 
 c. 
 
 Of interest of cotenant, see Cotenancy, § 
 11. 
 
 Of property generally, see Property, § 4. 
 
 Of personal property, gee Personal Prop- 
 erty, § 5. 
 
 Of real property, see Real Property, § 4. 
 
 Conflict of laws as to transfer of property, 
 see Conflict of Laws, § 28. 
 
 < «» 
 
 TRANSFER COMPANY. 
 
 Liability of, see Carriers, § 106. 
 
 *-•-♦ 
 
 TRANSFER TAX. 
 
 See Taxes, VI., VIII. 
 
582 
 
 INDEX TO NOTES. 
 
 TRANSITORY DANGERS. 
 
 Duty to warn servant against, see Mastee 
 AND Servant, § 74. 
 
 TRANSPORTATION. 
 
 By carrier, see Careiees ; Shipping. 
 Regulation of, as interference with com- 
 
 merce, see Commebcb, II. c. 
 Of pupils, see Schools, § 2. 
 
 TRAPDOORS. 
 
 Bes ipsa loquitur in action for injury on 
 highway resulting from. 43 L.K.A. 
 (N.S.) 593. 
 
 I>uty of storekeeper toward customer as to 
 condition of. L.R.A.1915F, 572. 
 
 TRAVELER. 
 
 Injury to, on highway, see Highways, VI. 
 Duty of innkeeper towards, see Innkeepees, 
 IV. 
 
 TRAVELING EXPENSES. 
 
 Implied authority of agent or employee to 
 bind principal for. L.R.A.1916B, 754. 
 
 4 »» 
 
 TRAVELING SALESMEN. 
 
 See COMMEEOIAL Teavelees. 
 
 ♦-•-• — 
 
 TREASON. 
 
 Forfeiture of rights of innocent persons in 
 property forfeited for treason. L.R.A. 
 1916E, 344. 
 
 TREASURY. 
 
 Secretary of, see Seceetaet of Tbeasxjbt. 
 
 TREATIES. 
 
 Effect of, on validity and enforoeahility of 
 contract or covenant in relation to real 
 property which discriminates against 
 persons beca.use of race, color, or re- 
 \ figion. L.R.A.1916B, 1209. 
 EfTect of treaties upon alien's right to in- 
 herit. L.R.A.1915E, 327. 
 Begin with this book on every law question. 
 
 TREATIES— oontU 
 
 Validity of discrimination against aliens by 
 inheritance tax law as affected by trea^ 
 ties with foreign government. L.R.A. 
 1916A, 474. 
 
 TREATING. 
 
 Treating jurors as ground for new trial or 
 reversal. 49 L.R.A.(N.S.) 889. 
 
 TREATMENT. 
 
 Medical treatment, see Phtsictans and Sue- 
 
 GEONS. 
 
 Treatment while in custody as element of 
 damages in action for malicious prose- 
 cution or false imprisonment. L.R.A. 
 1915D, 621. 
 
 TREES. 
 
 § 1. Generally. 
 
 In higljway, see Highways, § 42. 
 
 See also Logs and Logging; Obohabds; 
 
 TiMBEE. 
 
 As subject of larceny. 49 L.R.A. (N.S.) 966, 
 969. 
 
 Doctrine of attractive nuisance as applied 
 to. L.R.A.1915D, 168. 
 
 Validity and construction of statutory reg- 
 ulations as to infected trees.. 43 L.R.A. 
 (N.S.) 1080; L.R.A.:915F, 894. 
 
 Injury to employee on top of train by. 47 
 L.R.A.(N.S.) 499. 
 
 Duty to give warning where trees are being 
 felled. 46 L.R.A. (N.S.) 86. 
 
 Right as between owner of land and owner 
 of timber thereon to annual product of 
 the trees. L.R.A.1915E, 307. 
 
 § 2. Cutting of, or injury to. 
 
 Measure of damages for injury to, or de- 
 struction of, see Damages, § 75. 
 Right to cut timber, see Timbee, § 6. 
 
 § 3. On boundary line. 
 
 Trees near boundary as a nuisance, see Nm- 
 SANCES, § 3. 
 
 Property rights in trees on or overhanging 
 boundary line. 46 L.R.A. (N.S.) 3. 
 Trees on boundary line. 46 L.R.A. 
 (N.S.) 4. 
 Character of ownership. 46 L.R.A. 
 
 ■ (N.S.) 4. 
 Rights and remedies of parties. 
 46 L.R.A. (N.S.) 4. 
 Right to remove. 46 L.R.A. 
 
 (N.S.) 4. 
 Right to compel removal. 46 
 
 L.R.A.(N.S.) 4. 
 Right to trim to line. 48 
 
 L.R.A. (N.S.) 4. 
 Right to injunction. 46 
 
 L.R.A. (N.S.) 5. 
 
INDEX TO NOTES. 
 
 583 
 
 TREES— cont'd. 
 
 Eight to maintain trespass or 
 replevin. 46 L.E.A.(N.S.) 
 6. 
 Trees near boundary line. 46 L.R.A. 
 (N.S.) 6. 
 
 TRESPASS. 
 
 I. Civil, §§ 1-11. 
 II. Criminal, § 12. 
 
 I. Civil. 
 
 § 1. Generally. 
 
 By animals, see Animals, § 10. 
 
 Liability for injury by blasting, see Blast- 
 ing. 
 
 Trespass on the case, see Case. 
 
 Injunction against, see Injunction, §§ 21, 
 23. 
 
 Remedy for continuing trespass or nuisance, 
 see Nuisances, § 20a. 
 
 As to trespassers, see Trespassers. 
 
 Jurisdiction of action for trespass upon 
 real property in another state or coun- 
 try. 44 L.R.A.(N.S.) 2t7. 
 
 § 2. VThat constitutes. 
 
 In executing invalid search warrant. 49 
 
 L.E.A.(N.S.) 770. 
 Right to break and enter dwelling to serve 
 
 civil writ of process. L.R.A.1916D, 
 
 281. 
 
 § 3. Resistance of. 
 
 Force permissible in resisting attempt of 
 public service corporation to plant 
 poles, lay tracks, etc. 45 L.R.A. (N.S.) 
 601. 
 
 § 4. 'When lies. 
 
 Action in trespass against mortgagee who 
 lias unlawfully seized the property 
 wliile assuming to act under mortgage. 
 L.R.A.1915E, 196. 
 
 Against landowner for cutting trees on 
 boundary line. 46 L.R.A. (N.S.) 6. 
 
 § 5. 'Who may maintain. 
 
 In case of continuing trespass or nuisance, 
 see Nuisances, § 20a. 
 
 Bailee's right to maintain action of, for 
 damage or conversion of bailed prop- 
 erty. 3 B. R. C. 391. 
 
 § 6. — character of title. 
 
 Sufficiency of possessory title. 46 L.R.A. 
 (N.S.) 500, 503, 516. 
 
 g 7. 'Who liable for. 
 
 Liability of officer executing invalid search 
 warrant. 49 L.R.A. (N.S.) 770. 
 
 Liability of school district or school cor- 
 poration for. 49 L.R.A.(N.S.) 1032. 
 
 Iiiability of municipal corporation for tres- 
 pass on private property where commit- 
 ted in connection with streets. L.R.A. 
 1916D, 1086. 
 Consult also L.B.A. Digests to date. 
 
 TRESPASS— cont'd. 
 
 17. Criminal. 
 
 § 12. Generally. 
 
 For act of Berva.nt, agent, or partner, see 
 Criminal Law, § 29; Intoxicating 
 Liquors, § 23. 
 
 TRESPASSERS. 
 
 § 1. Generally. 
 
 Trespassing animals, see Animals, § 10. 
 On railroad track, see Railroads. 
 
 Right of, to notice to redeem from tax sale. 
 44 L.R.A.(N.S.) 676. 
 
 Owner's right to compensation for improve- 
 ments placed on land by trespasser be- 
 fore condemnation. L.R.A. 1916F, 981. 
 
 g 3. Duty and liability to. 
 
 Injury to, see also Carriers; Electricitt, 
 III.; Negligence, I. b, 3 (b) ; Rail- 
 roads, 'VII. a, 4. 
 
 Liability of lessor for injuries to. L.R.A. 
 1916r, 1132. 
 
 Liability for injury to bystander watqhing 
 progress of work. L.R.A.1916F, 117. 
 
 Liability of railroad company to trespasser 
 injured because of defects in track or 
 roadbed while walking along track. 
 L.R.A.1916E, 461. 
 
 Duty of railroad company to give crossing 
 signals for benefit of trespassers and 
 licensees near crossing but not a'lout 
 to use the same. L.R.A.1915D, 9lji. 
 
 § 4. Contributory negligence of. 
 
 Intoxication of trespasser amounting to 
 contributory negligence. 47 L.R.A. 
 (N.S.) 734. 
 
 ♦ »» 
 
 TRESPASSING ANIMALS. 
 
 See Animals, § 10. 
 
 TRIAZ,. 
 
 7. In general, § 1. 
 II. Conduct and disposal, §§ 2— 18a, 
 a. In general, §§ 2—5. 
 ft. Notice of trial; stipulations; 
 admissiotis, §§ 6—9. 
 
 c. Election hettveen counts, § 
 
 10. 
 
 d. Matters as to witnesses; re- 
 
 ception of evidence, §§ 11— 
 
 e. Argument of council, §§ IS— 
 
 17. 
 
 f. Objections and exceptions, § 
 
 IS. 
 
584 
 
 INDEX TO NOTES. 
 
 TRIAI^co»«'d. 
 ///. Questions of law or fact, §§ 19— 
 55. 
 6. Weight of evidence, §§ 30, 
 21. 
 
 d. Reasonahleness ; necessity, 
 
 §§ 23-25. 
 
 e. Relation, character, or con- 
 
 dition of persons or things, 
 §§ 26-30. 
 
 f. Fraud; good faith; intent; 
 
 malice; motive; lenowledge ; 
 notice; authority, §§ 31— 
 36. 
 h. Libel or slander, § 3S. 
 i. Care; negligence, §§ 39—4:9. 
 1. Of person causing in- 
 jury, §§ 39-4:4. 
 2. Contributory negligence, 
 §§ 45-49. 
 j. Miscellaneoxis, §§ 50-55. 
 IT. Nonsuit; direction of verdict; 
 peremptory insti^uctions, §§ 
 56-59. 
 T. Instructions, §§ 60—68. 
 a. In general, § 60. 
 6. As to icitnesses and evi- 
 dence, §§ 61-63. 
 d. Criminal cases, §§ 67, 68. 
 VI. Findings, § 59. 
 Til. Matters as to jury, §§ 70—74. 
 VIII. Verdict, §§ 75-87. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Eecord of, for purpose of appeal, see Ap- 
 peal AND Eerob, V. 
 
 Irregularities or misconduct on trial as 
 ground for reversal, see Appeal and 
 Ereoe, VIII. b. 
 
 Continuance of, see Contintjancb. 
 
 Procedure in criminal cases generally, see 
 Criminal Law, IV. 
 
 Protection and rights of accused on, see 
 Criminal Law, IV. b. 
 
 New trial, see New Trial. 
 
 Venue, see Venue. 
 
 Regularity of trial of member of benevo- 
 lent society which will make his expul- 
 sion on suspension conclusive on the 
 courts. 52 L.E.A.(N.S.) 813. 
 
 Misconduct toward juror as contempt. 46 
 L.R.A.(N.S.) 51 r. 
 
 II. Conduct and disposal. 
 
 a. In general: 
 
 Reversible error in conduct of trial, see 
 
 Appeal and Error, § 39. 
 Nolle prosequi, see Nolle Prosequi. 
 
 § 4. Proceedings outside of conrt 
 room. 
 
 § 24. —of time. 
 
 § 5. — communication by judge with j Reasonableness of the time fixed in a con- 
 jury. I tract for shipment of live stock for pres- 
 Effect of judge communicating with juiT not entation of claim for damages. L.R.A. 
 in open court. L.E.A.1915D, 719. :916D, 341. 
 Begin with this boolc on every laio question. 
 
 TRIAL, 11.— cont'd. 
 
 6. Notice of trial; stipulations; admis- 
 sions. 
 
 § 8. Effect of admissions. 
 
 Conclusiveness of judicial admissions as to 
 strangers. L.R.A.1915A, 200. 
 
 c. Election between counts. 
 
 § 10. Generally. 
 
 Election between counts in indictment when 
 objection of duplicity is raised. 49 
 L.R.A.{N.S.) 455. 
 
 d. Matters as to icitnesses; reception of 
 evidence. 
 
 § 11. Matters as to icitnesses. 
 
 As to witnesses generally, see Witnesses. 
 
 Power of court to call and exaniine witness- 
 es. L.R.A.1916A, 1191. 
 
 e. Argument of counsel. 
 
 § 15. Generally. 
 
 Reversible error in, see Appeal and Eekoe, 
 § 37. 
 
 f. Objections and exceptions. 
 
 §18. Generally. 
 
 Objections and exceptions for purpose of ap- 
 peal, see Appeal and Ebbob, § 24a. 
 
 To action of court in calling and examining 
 witnesses. L.R.A.1916A, 1207. 
 
 III. Questions of law or fact, 
 b. Weight of evidence. 
 
 § 20. Generally. 
 
 Credibility of witness of unsound mind as 
 question for jury. 46 L.R.A. (N.S.) 
 1030. 
 
 Conclusiveness upon jury of testimony of 
 experts as to the value of professional 
 services. 45 L.R.A. (N.S.) 181. 
 
 Receipt of communication sent through mail 
 as question for jurj', where evidence in 
 rebuttal of presumption of receipt is 
 offered. 49 L.R.A.(N.S.) 468. 
 
 Power of court to disregard testimony be- 
 cause contrary to scientific principles. 
 L.R.A.1916D, 301. 
 
 In action to have -written instrument im- 
 porting absolute conveyance declared a 
 mortgage or pledge. L.R.A.1916B, 561. 
 
 d. Reasonableness; necessity. 
 
 § 23. Reasonableness. 
 
 Reasonableness of municipal orddnance as a 
 question for court or for jury. L.E.A. 
 1915r, 1196. 
 
INDEX TO NOTES. 
 
 583 
 
 TRIAL, III.— cont'd. 
 
 ■e. Relation, character, or condition of 
 persons or things. 
 
 § 29. Sanity or insanity. 
 
 Competency of witness alleged to be of un- 
 sound mind. 46 L.R.A.(N.S.) 1029. 
 
 As to insanity of defendant in criminal 
 case. 44 L.R.A.(N.S.) 119. 
 
 /. Fraud; good faith; intent; malice; 
 ■motive; knowledge; notice; author- 
 ity. 
 
 § 31a. Intent. 
 
 Intent of parties as to passing of title un- 
 der contract for sale of goods to be pro- 
 duced or manufactured. 50 L.EA. 
 (N.S.) 113. 
 
 § 33. Malice; probable cause. 
 
 Malicious prosecution: is the question of 
 probable cause for the court or 
 jury. L.R.A.1915D, 1. 
 Introduction. L.R.A.1915D, 2. 
 
 Nature of probable cause. L.R.A. 
 
 1915D, 2. 
 Conspectus. L.R.A.1915D, 4. 
 General rule. L.R.A.1915D, 5. 
 Generally. L.R.A. 19 15D, 5. 
 
 Reason of rule. L.R.A.1915D, 
 
 11. 
 Effect of change in pleading. 
 L.RA..1915D, 12. 
 When facts are disputed. L.R.A. 
 1916D, 12. 
 "Mixed question of law and 
 
 fact." L.R.A.1915D, 43. 
 Taking opinion of jury as to 
 the facts. L.R.A. 
 1915D, 47. 
 Special verdict. L.R.A. 
 
 19151), 47. 
 Instructions to the jury. 
 L.R.A.1915D, 48. 
 When facts are undisputed. L.R.A. 
 1915D, 58. 
 Directed verdict, nonsuit, etc. 
 L.R.A.1915D, 65. 
 Defining probable cause to the 
 
 jury. L.R.A.1915D, 67. 
 Effect of general rule upon plead- 
 ing. L.R.A.1915D, 70. 
 View of probable cause on appeal. 
 
 L.R.A.1915D, 71. 
 When error of submitting probable 
 cause to jury is no ground for 
 reversal. L.R.A.1935D, 71. 
 General rule regretted, disapproved, or 
 
 modified. L.R.A.1915D, 72. 
 Enowledge, belief, and conduct of de- 
 fendant. L.R.A.1915D, 77. 
 , Knowledge of defendant. L.R.A. 
 1915D, 79. 
 Belief of defendant. L.II.A.1915D, 
 79. 
 ' Conduct of defendant. L.R.A. 
 1915D, 84. 
 Advice of counsel. L.R.A.1916D, 85. 
 Where there is a dispute. L.R.A. 
 1915D, 87. 
 Consult also L.R.A. Digests to date. 
 
 TRIAL, III. i— cont'd. 
 
 As to disclosure of facts. 
 
 L.R.A. 1915D, 87. 
 As to good faith of defendant. 
 L.R.A.1915D, 88. 
 Conclusion. L.R.A.1915D, 89. 
 
 h. Libel or slander. 
 
 § 38. Generally. 
 
 'Kffect of provision that jury shall deter- 
 mine the law and the facts in libel 
 cases. 51 L.R.A. (N.S.) 369. 
 
 Questions for court or jury in action for 
 defamation based on statements made 
 in character of a witness. 4 B. R. C. 
 972. 
 
 Question for jury as to amount of damages 
 for libel or slander reflecting on in- 
 tegrity or responsibility of merchant. 
 44 L.R.A.(N.S.) 355. 
 
 Application of the defamatory statement to 
 plaintiff in action for defamation of un- 
 named person. 48 L.R.A. (N.S.) 373. 
 
 i. Care; negligence. 
 
 1. Of person causing injury. 
 
 § 39. Generally. 
 
 Right of court to declare defendant negli- 
 gent as a matter of law. 47 L.R.A. 
 (N.S.) 1199. 
 Instructing that certain facts consti- 
 tute negligence. 47 L.R.A. (N.S.) 
 1201. 
 Where no controversy as to evidence 
 
 exists. 47 L.R.A. (N.S.) 1202. 
 Where defendant fails to perform some 
 
 duty. 47 L.R.A.(N.S.) 1204. 
 Where defendant has violated a statute 
 or ordinance. 47 L.R.A. (N.S.) 
 1204. 
 Right of court to assume defendant's 
 negligence. 47 L.R.A. (N.S.) 1205. 
 Right of court on appeal to declare de- 
 fendant negligent. 47 L.R.A. 
 (N.S.) 1206.. 
 Intoxication as affecting. 47 L.R.A. (N.S. ) 
 
 730. 
 Sufficiency of evidence in action against car- 
 rier for act of drunken passenger to 
 carry cast- to jury. 4 B. R. C. 341. 
 Question for jury as to carrier's duty to 
 assist passenger boarding or alighting. 
 48 L.R.A.(N.S.) 821. 
 Negligence in ejection of sick or intoxi- 
 cated passenger. L.R.A. 1915C, 147. 
 Disobedience of statute or ordinance relat- 
 ing to explosives as evidence for jury 
 in private action for injury. 48 L.R.A. 
 (N.S.) 880. 
 Negligence in failing to prevent contract of 
 wires carrying electric current. 52 
 L.R.A.(N.S.) 606. 
 
 § 40. Of employer. 
 
 Question for jury as to liability of railroad 
 
 ' company for injuries to employees 
 
 caused by defects in roadbed caused or 
 
 accompanied by rainfall. 49 L.R.A. 
 
 (N.S.) 198. 
 
586 
 
 INDEX TO NOTES. 
 
 TRIAL, 1^1. i, 1— cont'd. 
 § 43. Bailroad cases. 
 
 Negligence of railroad company operating 
 trains or cars longitudinally along pub- 
 lic street. 49 L.E.A.(N.S.) 660. 
 
 Negligence as to cattle guards. L.R.A, 
 a915B, 136. 
 
 § 44, Strbet car cases. 
 
 Duty of street railway company to equip 
 ears with safety appliances. L.E..A. 
 1915A, 752. 
 
 3. Contributory negligence. 
 
 g 45. Generally. ' 
 
 Into.xication as affecting. 47 L.R.A. (N.S.) 
 
 730. 
 Contributory negligence of one injured by 
 
 car making flying switch, or detached 
 
 car moving bv its own momentum. 
 
 L.E.A.1916C, 1034. 
 
 § 46. Of passenger. 
 
 Exposure of person at car window. 50 
 L.R.A.(N.S.) 42. 
 
 § 47. Of employee. 
 
 Contributory negligence of railroad em- 
 ployee injured by defects in roadbed 
 caused or accompanied by rainfall. 49 
 L.R.A.(N.S.) 20.5. 
 
 § 48. Of traveler on highiray. 
 
 Of driver of automobile at railroad cross- 
 ing. 46 L.E.A.(N.S.) 702. 
 
 Question for jury aa to contributory neg- 
 ligence in action against municipality 
 for defects and obstructions in street. 
 48 L.R.A.(N.S.) 640. 
 
 j. Miscellaneous, 
 
 § 50. Generally. 
 
 Value of the use or rental of property. 44 
 L.R.A. (N.S.) 499.' 
 
 Question for jury as to whether transac- 
 tions pursuant to agreement with lo- 
 cal dealer to sell product of foreign 
 corporation within the state constitute 
 doing business therein. 4^ L.R.A. ( N.S. ) 
 1096. 
 
 Receipt of communication sent through 
 mail as question for jury. 49 L.R.A. 
 (N.S.) 458. 
 
 Question whether porch or steps were used 
 in common by tenants. L.R.A.1915B, 
 100. 
 
 Reasonableness and propriety of ejection of 
 sick or intoxicated passenger. L.R.A. 
 1915C, 147. 
 
 § 51. Contractnal matters generally. 
 
 Liability of corporation on contracts of pro- 
 moters. 50 L.R.A. (N.S.) 979. 
 
 Existence of warranty on sale of second- 
 hand article. L.R.A.1915B, 480. 
 
 .§ 53. Insurance matters. 
 
 Questions for jury in action growing out of 
 provision in fire insurance policy pro- 
 hibiting presence of designated articles 
 on premises. 3 B. E. C. 50. 
 
 Begin with this hooTc on every law question. 
 
 TRIAL, III. j— cont'd. 
 
 Question whether vacancy during change of 
 tenants violates vacancy clause in fire 
 policies covering rented premises. 
 L.R.A.1915B, 849. 
 
 § 54. Criminal cases. 
 
 § 55. >— liomicide and assault. 
 
 Effect of statutory declaration that murder 
 committed by certain means, or in com- 
 mission of felony, shall be murder in 
 first degree, upon right of jury to pass 
 upon degree. L.R.A.1916D', 610. 
 
 IV. Nonsuit; direction of verdict; per- 
 emptory instructions. 
 
 § 56. Generally. 
 
 Dismissal or discontinuance of action, see 
 Dismissal and Discontihuance. 
 
 Judgment affirming a nonsuit as the law 
 of the case. 48 L.R.A. (N.S.) 464. 
 
 Effect of provision that jury shall determine 
 the law and the facts in libel cases on 
 right of court to grant nonsuit or di- 
 rect verdict. 51 L.R.A. (N.S.) 369. 
 
 T. Instructions, 
 a. In general. 
 
 § 60. Generally. 
 
 Reversible error as to, see Appeai, and Eb- 
 KOR, § 36. 
 
 Charging jury on Sunday. L.R.A.1915D, 
 361. 
 
 Instructions to jury in action to have 
 instrument importing an absolute con- 
 veyance declared a mortgage or pledge. 
 L.R.A.I916B, 557. 
 
 Propriety of instructions in action to re- 
 cover damages for mental anguish in 
 telegraph ease. 49 L.R.A. (N.S.) 281. 
 
 ft. As to witnesses and evidence. 
 
 § 61. Generally. 
 
 Cautionary instructions as to credibility of 
 defense witness indicted for same of- 
 fense. 43 L.R.A.(N.S.) 146. 
 
 Right of accused in criminal case to an 
 instruction as to the presumption of 
 his good character. 46 L.R.A. (N.S.) 
 343. 
 
 d. Criminal cases. 
 
 § 67. Generally. 
 
 Right of accused in criminal ease to an in- 
 struction as to the presumption of his 
 good character. 46 L.R.A. (N.S.) 343. 
 
 § 68. Homicide. 
 
 In prosecution for homicide in commission 
 of unlawful act. 45 L.R.A. (N.S.) 219. 
 
 Instruction in homicide cases upon rule of 
 reasonable doubt with reference to 
 cause of death. 49 L.R.A. (N.S.) 913. 
 
TRIAL— cont'd. 
 
 INDEX TO NOTES. ' 587 
 
 TROVER AND CONVERSION. 
 
 VI. Findinga, 
 
 § 69. Generally. 
 
 Reversible error as to, see Appeal and Er- 
 EOB, § 40. 
 
 VII. Matters as to jury. 
 
 § 70. Generally. 
 
 Communication by judge with jury, see 
 
 supra, § 5. 
 Argument to jury, see supra, § 15. 
 Questions for jury, see supra. III. 
 Instructions to, see supra, V. 
 Reversible error as to, see Appeal and Ek- 
 
 BOE, § 39. 
 Matters as to jury on criminal trial, see 
 
 Criminal Law, § 36. 
 View by jury, see Evide2^ce, § 159. 
 Right to trial by jury, see JtntT, II. 
 Impaneling, selection, and competency of 
 
 jurors, see Jury, III. 
 Number and agreement of jurors, see Jury, 
 
 IV. 
 New trial for matters as to jury, see New 
 
 Trial, II. c. 
 
 Till. Verdict, 
 
 § 75. Generally. 
 
 Direction of verdict, see supra, IV. 
 
 As to sufficiency of evidence to support 
 
 verdict on appeal, see Appeal and 
 
 Erkoe, §§ 31-33. 
 Reversible error as to, generally, see Appeal 
 
 AND Ebbob, § 40. 
 Excessive dam^ages as ground for reversal, 
 
 see Appeal and Erboe, § 32. 
 Instances of excessive or inadequate dam- 
 ages, see Damages, §§ 64, 65a. 
 As to damages allowed by verdict, generally, 
 
 see Damages. 
 Judgment notwitljistanding, see Judgment, 
 
 § 13. 
 Number and agreement of jurors necessary, 
 
 see Jury, § 15. 
 Setting aside verdict, see New Teial. 
 Errors in verdict as ground for new trial, 
 
 see New Trial, II. b. 
 In replevin, see Replevin, § 15. 
 
 Habeas corpus because of defective verdict. 
 L.R.A.1916r, 967. 
 
 In prosecution under statute enhancing pen- 
 alty for crime by prior offenders. 48 
 L.R.A.(N.S.) 207. 
 
 Treating of jury after rendition of verdict 
 as ground for new trial or reversal. 
 49 L.R.A.(N.S.) 890. 
 
 Effect of verdict to cure duplicity in in- 
 dictment. 49 L.R.A.(N.S.) 455. 
 
 § 78. Sufficiency of verdict. 
 
 Sufficiency of verdict to permit enhancing 
 penalty for crime committed by habit- 
 ual criminal or prior offender. 48 
 L.R.A.(N.S.) 207. 
 Consult also L.B.A. Digests to date. 
 
 I. In general, § 1. 
 II. Bight of action, §§ 3—8. 
 III. Liability; defenses, §§ 9, 10, 
 
 I. In general. 
 
 § 1. Generally. 
 
 Liability of bailee for conversion, see Bail- 
 ment, § 10. 
 
 Measure of damages for conversion, see 
 Damages, §§ 9a, 70. 
 
 Loss of profits as element of damages for 
 conversion, see Damages, § 109. 
 
 Conversion of proceeds of property acquired 
 by defendant under an agreement to 
 sell the same and turn over proceeds, 
 as larceny. .52 L.R.A.(N.S.) 1222. 
 
 Conversion of stranded logs or timber. 
 43 L.R.A.(N.S.) 461. 
 
 II. Right of action, 
 
 § 2. Generally. 
 
 To recover goods purclased with knowledge- 
 of inability to pay for them. 44 L.RA. 
 (N.S.) 1. 
 
 Action in trover against mortgagee of chat- 
 tels who has unlawfully seized the prop- 
 erty while assuming to act under mort- 
 gage. L.R.A.1915E, 198. 
 
 § 3. For what. 
 
 Possessory action for tax receipts. 45- 
 
 L.R.A.(N.S.) 7S5. 
 Conversion of gambling device as greiind of 
 
 action. 45 L.R.A.(N.S.) 334. 
 Conversion of lottery ticket as ground of 
 
 action. 45 L.R.A.(N.S.) 776. 
 For conversion of timber, etc., from land 
 
 in another state or country. 44 L.R.A. 
 .(N.S.) 268. 
 
 § 4. Wriio may maintain action. 
 
 Right of bailee to recover for damage to, or 
 conversion of property. 3 B. R. C. 
 388. 
 
 § 5. Jurisdiction of action. 
 
 Jurisdiction of action for conversion of tim- 
 ber, etc., on lands in another state or 
 country. 44 L.R.A.(N.S.) 268. 
 
 § 6. 'What constitutes conversion. 
 
 Conversion by carrier, see Carriers, § 117. 
 
 Effect of unlawful seizure of property by 
 chattel mortgagee assuming to act un- 
 der mortgage. L.R.A. 1915E, 193. 
 
 ///. lAability; defenses. 
 
 § 9. Liability. 
 
 Liability of school district or school cor- 
 poration for conversion. 49 L.R.A. 
 (N.S.) 1032. 
 
 Liability of agent to true owner for selling 
 or disposing of property intrusted to 
 him by his prihcipal. 50 L.R.A. (N.S.) 
 52. 
 
688 
 
 INDEX TO NOTES. 
 
 TROVER AXD CONVERSION, Ill.—oonfd. 
 § 10. Defenses. 
 
 Liability for conversion of property leased 
 or hired in violation of Sunday law. 
 X..R.A.1915F, 644. 
 
 TRUCKING. 
 
 Action on contractor's bond for expense of 
 ti-ucking. 43 L.R.A.(N.S.) 170; L.R.A. 
 1915F, 953. 
 
 TRUCKMAN. 
 
 See Baggage Tbansfek Company; Dbat- 
 
 MEN. 
 
 TRUNK. 
 
 What passes under bequest of contents of. 
 L.R.A.1915C, 655. 
 
 * • » 
 
 TRUST COMPANIES. 
 
 See StTBETT Companies. 
 ■♦ t » 
 
 TRUST DEED. 
 
 See Moetgagb. 
 
 TRUSTEE. 
 
 Generally, see Trusts, TV. ' 
 
 Right of receiver to take property from 
 possession of one holding as trustee. 
 47 L.R.A.(N.S.) 754. 
 
 TRUSTS. 
 
 I. In general, § 1. 
 II. Creation; validity, §§ 8— IS. 
 a. In general, §§3, 3. 
 
 c. Parol trusts; statute of 
 
 frauds, § 11. 
 
 d. Implied, constructive, and 
 
 7'esulting tjntsts, §§ 12— H. 
 III. Termination; revocation, §§ 16, 
 
 17. 
 ir. Tmstees, §§ 18-31. 
 
 a. In general, §§ 18—21. 
 h. Bights and poivers; compen- 
 sation, §§ 23—24:. 
 c. Duties and liahilities, §§ 
 25-29. 
 
 e. Account of, § 31. 
 
 VII. Following trust property, § 37. 
 VIII. Enforcing trust; actions, §§ 38, 
 39. 
 
 Begin tvitli this booJi on every laiv question. 
 
 TRUSTS— conf'i. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Existence of fiduciary relation between at- 
 torney and client, see Attoeneys, § 10. 
 
 Existence of fiduciary relation between cor- 
 poration and its officers, see Cobpoba- 
 TIONS, § 50. 
 
 Fiduciary relation of e.xecutor or admin- 
 istrator, see ExECTJTORS and Adminis- 
 
 TBATOBS. 
 
 Existence of fiduciary relation between 
 guardian and ward, see Gtjaeihan and 
 Ward. 
 
 Existence of fiduciary relation between part- 
 ners, see Partnership, VI. 
 
 Existence of fiduciary relation between 
 principal and agent, see Pbtncipal 
 AND Agent, § 34. 
 
 Trust in bank deposit, see Banks, §§ 12, 
 12a. 
 
 Application to debt due bank, of deposit in 
 fiduciary character, see Banks, § 18. 
 
 Trust in property of religious society, see 
 REtiGious Societies, § 3. 
 
 Charitable trusts, see Chaeihes. 
 
 Voting trust, see Corporations, § 124. 
 
 Jurisdiction in ease of, see Courts, § 7; 
 Equity, § 9. 
 
 Matters as to life tenants and remainder- 
 men, see Life Tenants. 
 
 Limitation of actions in case of, see Limi- 
 tation or Actions, §§ 11, 37. 
 
 As to trusts in restraint of trade or com- 
 merce, see Monopoly and Combina- 
 tions. 
 
 Deed of trust to secure debt, see Mortgage. 
 
 As affected by rule against perpetuities, see 
 Perpetuities. 
 
 Place of taxation of trust property, see Tax- 
 es, § 48. 
 
 Mechanics' liens on trust property. L.R.A. 
 1916B, 1267. 
 
 Recovery of payments required by one hold- 
 ing title as trustee as made under dur- 
 ess of real property» L.R.A.191oE, 500. 
 
 Security held by surety as trust for pay- 
 ment of debt. L.R.A.M16C, 1070. 
 
 Power of court to hasten enjoyment ol 
 trust fund. 46 L.R.A. (N.S.) 43. 
 
 Necessity of pleading statute of frauds in 
 action to establish trust. 49 L.R.A. 
 (N.S.) 37. 
 
 II. Creation; validity, 
 a. In general. 
 
 § 2. Generally. 
 
 Charitable trusts, see Charities. 
 
 Law governing validity of trust in real 
 property. L.R.A.1916A, 1044. 
 
 c. Parol tnists; statute of frauds. 
 
 § 11. Generally. 
 
 Creation of trust in personalty by parol. 51 
 L.R.A. (N.S.) 1208. 
 
INDEX TO NOTES. 
 
 589 
 
 TRUSTS, I. c—confd. 
 
 Nature of evidence required to estab- 
 lish a trust in personalty by parol. 
 51 L.R.A.(N.S.) 1210. 
 
 d. Implied, constructive, and resulting 
 trusts. 
 
 § 12. Implied op constructive trusts. 
 
 Kxistence of a trust in property stolen or 
 
 embezzled. L.R.A.1915B, 442. 
 
 Gratuitous conveyance as raising implied, 
 
 resulting, or constructive trust in 
 
 favor of the natural objects of 
 
 the bounty of the grantor or donor. 
 
 L.R.A.3915E, 648. 
 
 General principles. L.RJ1.1915E, 649. 
 
 Absence of agreement in general. 
 
 L.R.A.1915E, 649. 
 Deeds to son-in-law. L.R.A.1915E, 051. 
 Miscellaneous. L.R.A.1915E, 054. 
 
 § 14. Resulting trusts. 
 
 Consideration in deeds for school purposes 
 as negativing resulting trust in favor 
 of the grantor. 44 L.R.A.(N.S.) 1223. 
 
 Gratuitous conveyance as raising resulting 
 trust in favor of the natural objects of 
 the bounty of the grantor or donor. 
 L.R.A.1915E, 648. 
 
 Right of true owner of land to benefit of 
 contract between adverse claimant and 
 third person. L.R.A.1916E, 720. 
 
 III. Termination; revocation. 
 
 § -16. Generally. 
 
 Doctrine as to possibility of issue extinct 
 
 as affecting termination of trust. 48 
 
 L.R.A.(N.S.) 873. 
 Divorce as equivalent of death for purpose 
 
 of terminating a trust. X/.R.A.1915E, 
 
 762. 
 
 IV. Trustees. 
 a. In general. 
 
 § 18. Generally. 
 
 Following trust funds in hands of trustee, 
 see infra, § 37. 
 
 Sufficiency of words indicating fiduciary 
 character to put purchaser of negoti- 
 able paper on inquiry. 44 L.R.A. 
 (N.S.) 403. 
 
 Disqualification of trustee of one interested 
 in eminent domain proceedings to serve 
 as commissioner or juror. 47 L.R.A. 
 (N.S.) 166. 
 
 Competency as an attesting witness of offi- 
 cer or stockholder of a corporation 
 named as trustee. L.E.A.i916D, 1S5. 
 
 Payment of money deposited with bank to 
 credit of more than one trustee. L.R.A. 
 1915D, 921. 
 
 Presumption of satisfaction of trust debt 
 by legacy or devise to creditor. L.R.A. 
 19] 5B', 1175. 
 Consult also L.B.A. Digests to date. 
 
 TRUSTS, IV.— cont'd. 
 
 6. Rights and powers; compensation. 
 
 § 22. Generally. 
 
 Execution of power of sale conferred upon, 
 see Powers, § 3. 
 
 Notice to redeem from tax sale to one oc- 
 cupying as trustee for another. 44 
 L.R.A.(N.S.) 676. 
 
 Transfer of stock on books of corporation 
 at request of trustee. 45 L.R.A. (N.S.) 
 1079. 
 
 Power of court to authorize lease of trust 
 property for a longer period than was 
 contemplated by the creator of the 
 trust. 48 L.R.A.(N.S.) 1004. 
 
 Right to have title registered under the 
 Torrens Law. L.R.A.1916D, 61. 
 
 Right of trustees or executive committee of 
 club to indemnity for obligations in- 
 curred by them. 5 B. R. C. 763. 
 
 g 23a. Investments. 
 
 Liability for losses on investments, see in- 
 fra, § 26a.- 
 
 Investments by trustees in foreign jurisr 
 dictions. 45 L.R.A. (N.S.) 411. 
 Scope. 45 L.R.A.(N.S.) 411. 
 In general. 45 L.R.A. (N.S.) 412. 
 
 Special circumstances authorizing 
 a foreign investment. 45 
 L.R.A. (N.S.) 415. 
 Under instrument creating trust. 45 
 L.R.A.(N.S.) 417. 
 
 c. Duties and Uahilities, 
 
 § 25. Generally. 
 
 Personal liability of trustee on covenant in 
 deed executed by him. 43 L.R.A. 
 (N.S.) 377. 
 
 Liability of trustee for loss of trust money 
 deposited in bank. 46 L.R.A. (N.S.) 1. 
 
 § 26a. Investments. 
 
 Personal liability of a trustee for losses to 
 trust estate from investments. 44 
 L.R.A. (N.S.) 873. 
 Scope. 44 L.R.A.(N.S.) 875. 
 General rules. 44 L.R.A. (N.S.) 87S. 
 Doctrine of absolute liability. 44 
 
 L.R.A.(N.S.) 876. 
 Doctrine that liability depends up- 
 on the care exercised. 
 44 L.R.A. (N.S.) 877. 
 Under particular provision in 
 instrument creating trust. 
 44 L.R.A.(N.S.) 884. 
 Application to specific investments. 
 44 L.R.A.(N.S.) 887. 
 In general. 44 L.R.A. (X.S.) 887.. 
 Public securities. 44 L.R.A. (N.S.)' 
 887. 
 Government. 44 L.R.A.. 
 
 (N.S.) 887. 
 Municipal. 44 L.R.A. ( N.S. > 
 
 SS8 
 Confederate. 44 L.R.A. ( N.S. ). 
 888. 
 
590 
 
 INDEX TO 2S0TES. 
 
 TRUSTS, IV. c— cont'd. 
 
 Eeal estate securities. 44 L.K.A. 
 (N.S.) 893. 
 Investigation required. 44 
 
 L.R.A.(N.S.) 899. 
 Margin. 44 L.R.A.(N.S.) 903. 
 Business and house property. 
 44 L.E.A.(N.S.) 906. 
 Margin. 44 L.K.A. (N.S.) 
 910. 
 Encumbered property. 44 
 L.R.A.(N.S.) 911. 
 Margin. 44 L.E.A.{N.S.) 
 
 915. 
 Investigation. 44 L.R.A. 
 
 (N.S.) 916. 
 Obtained- througli fraud 
 of mortgagor. 44 
 L.R.A.(N.S.; 916. 
 Leaseholds. 44 L.R.A.(N.S.) 
 
 917. 
 Reversionary interest. 44 
 
 L.R.A.(N.S.) 918. 
 Undivided share. 44 L.R.A. 
 
 (N.S,), 918. 
 Foreign lands. 44 L.R.A. 
 
 (N.S.) 918.' 
 Exoneration under Englisli 
 trustee act. 44 L.R.A. 
 (N.S.) 919. 
 Security of personal property. 44 
 
 L.R.A.(N.S.) 920. 
 Personal security. 44 L.R.A. 
 (N.S.) 921. 
 Rule of absolute liability. 44 
 
 L.R.A.(N.S.). 921. 
 Rule that liability is depen- 
 dent upon care. 44 
 L.R.A. (N.S.) 927. 
 Under statutes. 44 L.R.A. 
 (N.S.) 928. 
 Purchase of real estate. 44 
 
 L.R.A.(N.S.) 929. 
 Investments in corporate atoclc. 
 44 L.R.A.(N.S.)930. 
 In general. 44 L.R.A. (N.S.) 
 930. 
 Absolute liability. 44 
 
 L.R.A.(N.S.) 930. 
 Liability dependent upon 
 failure to exercise 
 care. 44 L.R.A. (N.S.) 
 931. 
 Under instrument creating 
 trust. 44 L.R.A. 
 (N.S.) 933. 
 Not authorizing invest- 
 ment. 44 L.R.A. 
 (N.S.) 933. 
 Authorizing. 44 L.R.A. 
 (N.S.) 934. 
 Order of court. 44 L.R.A, 
 
 (N.S.) 936. 
 Investigation. 44 L.R.A. 
 
 (N.S.) 937. 
 Stock in foreign companies, 
 44 L.R.A.(N.S.) 937. 
 Corporate bonds. 44 L.R.A. (N.S.) 
 938. 
 Under instrument creating 
 trust. 44 L.R.A.(N.S.) 
 939. 
 
 TRUSTS, IV. c— cont'd. 
 
 Deposits in bank. 44 L.E.A.(N.S.) 
 
 940. 
 Order of court. 44 L.R.A. (N.S.) 940. 
 Sufficiency of order. 44 L.R.A. 
 
 (N.S.) 941. 
 As affected by statute. 44 L.R.A. 
 
 (N.S.) 941. 
 In excess of jurisdiction. 44 
 
 L.R.A.(N.S.) 941. 
 Departure from order. 44 L.R.A. 
 
 (N.S.) 942. 
 Effect of failure to obtain. 44 
 L.R.A.{N,S.) 943. 
 Statute not expressly requir- 
 ing. 44 L.R.A.(N.S.) 
 943. 
 Statute requiring. 44 L.R.A. 
 
 (N.S.) 943. 
 Indefinite statutes. 44 L,B.A. 
 (N.S.) 945. 
 Such investments as court would 
 have ordered. 44 L.R.A. ( N.S. ) 
 946. 
 Miscellaneous. 44 L.R.A.(N.S.) 
 946. 
 Investments in trustee's individual 
 
 name. 44 L.R.A. (N.S.) 947. 
 Mingling of trust funds. 44 L.R.A. 
 
 (N.S.) 950. 
 Retaining - and changing investments. 
 44 L.R.A.(N.S.) 951. 
 Under provision of instrument 
 creating trust. 44 L.R.A. 
 954. 
 Authorizing retention. 44 
 
 L.R.A.(N.S.) 954. 
 Authorizing sale. 44 L.R.A. 
 
 (N.S.) 956. 
 Directing sale. 44 L.R.A. 
 (N.S.) 956. 
 Specific gifts of investments. 44 
 
 L.R.A.(N.S.) -957. 
 Investments received from pred- 
 ecessor in trust. 44 L.R.A. 
 (N.S.) 957. 
 Unauthorized investments. 44 
 
 L.R.A.(N.S.) 959. 
 Changing investments. 44 L.R.A. 
 (N.S.) 960. 
 Care of investments. 44 L.R.A.(N.S.) 
 962. 
 Real estate investments. 44 L.R.A. 
 (N.S.) 964. 
 Enforcing the security. 44 
 L.R.A.(N.S.) 966. 
 Time of enforcement. 44 
 
 L.R.A.(N.S.) 966. 
 
 Conduct in and about sale. 
 
 44 L.R.A.(N.S.) 967. 
 
 Purchase of mortgaged 
 
 premises. 44 L.R.A. 
 
 (N.S.) 968. 
 
 Corporate securities. 44 L.R.A. 
 
 (N.S.) 968. 
 Investments on personal security. 
 
 44 L.R.A.(N.S.) 970. 
 Investments to protect prior in- 
 vestments. 44 L.R.A.(N.S.) 
 971. 
 
 Begin with, this hook 07i every law question. 
 
INDEX TO NOTES. 
 
 691 
 
 TRUSTS, IV. c— cont'd. 
 
 Extent of liability. 44 L.R.A.(N.S ) 
 971. 
 Limitation upon liability. 44 
 L.R.A.(N.S.) 973. 
 Payments received by cestui 
 que trust. 44 L.R.A. 
 (N.S.) 973. 
 Gains on part of trust estate. 
 
 44 L.R.A.(N.S.) 974. 
 Limitation by English judicial 
 trustee act. 44 L.R.A. 
 (N.S.) 974. 
 Acquiescence of life tenant. 44 
 L.R.A. (N.S.) 974. 
 Liability for interest. 44 L.R.A. 
 (N.S.) 975. 
 Misconduct of agents. 44 L.R.A. (N.S.) 
 
 976. 
 Effect of advice. 44 L.R.A. (N.S.) 978. 
 Of attorney. 44 L.R.A. (N.S.) 
 
 978. 
 Of others. 44 L.R.A. (N.S.) 980. 
 Consent or estoppel of beneficiary. 44 
 L.R.A.(N.S.) 980. 
 What constitutes. 44 L.R.A. ( N.S . ) 
 981. 
 Silence. 44 L.R.A. (N.S.) 983. 
 Acceptance of income. 44 
 
 L.R.A. (N.S.) 983. 
 Accounting. 44 L.R.A. (N.S.) 
 
 984. 
 Settlement. 44 L.E_A.(N.S.) 
 
 984. 
 Acquiescence of persons other 
 than beneficiary. 44 
 L.R.A.(N.S.) 985. 
 Necessity of full information. 44 
 
 L.R.A. (N.S.) 985. 
 Consent of married women. 44 
 
 L.R.A.(N.S.) 987. 
 Consent of life tenant. 44 L.R.A, 
 (N.S.) 988. 
 
 e. Account of, 
 
 § 31. Generally. 
 
 Effect of account or personal liability of 
 trustee for losses from investments. 
 44 L.R.A. (N.S.) 984. 
 
 VII. Following trust property, 
 
 % 37. Generally. 
 
 Identifying misapplied trust funds to follow 
 and recover them. L.R.A.1916C, 
 21. 
 Foundation of right to reclaim mis- 
 applied trust property. L.R.A. 
 19160, 23. 
 Pursuit and recovery of diverted sub- 
 jects of trusts and their sub- 
 stitutes. L.E.A.1916C, 27. 
 Following trust funds and property 
 
 in specie. L.R.A.1916C, 28. 
 Recovering proceeds of misapplied 
 trust property. L.R.A.1916C, 
 28. 
 The right to property acquired by 
 trust money. L.R.A.1916C, 31. 
 Liens on property embodying trust 
 funds. L.R.A.1916C, 33. 
 Consult al.fo L.R.A. Digests to date. 
 
 TRUSTS, yn.— cont'd. 
 
 Need of identifying subjects of trusts in 
 
 new guises. L.R.A.1916C, 39. 
 Preferential claims against insolvent 
 
 estates for unidentified trust 
 
 money. L.R.A.1916C, 53. 
 Identification of trust money. L.R.A.1916C, 
 
 68. 
 The "earmark" theory. L.R.A.1916C, 
 
 69. 
 Physically separated. L.R.A.1916C, 71. 
 When mingled with other money. 
 
 L.R.A.1916C, 72. 
 When mingled trust and private funds 
 
 are depleted by drawings. L.R.A. 
 
 19160, 74. 
 In mixed bank accounts. 
 
 Basic principles. L.R.A.191GC, 75. 
 
 Modern presumption respecting 
 drawings out. L.R.A.19160, 
 77 
 
 Rule in Clayton's Case. L.R.A. 
 1916C, 82. 
 Effect of replacing drawings from 
 
 mixed trust and private money. 
 
 L.R.A.1916C, 80. 
 
 Vlll. Enforcing trust; actions, 
 
 §38. Generally. 
 
 Enforcement of charitable trust, see Chari- 
 ties, § 10. 
 
 Action to enforce liability of stockholders, 
 see CoBPOEATiONS, § 116a. 
 
 Limitation of action, see Limitation of Ac- 
 tions, § 37. 
 
 Rig'ht of trustee to redress fraud practised 
 on the beneficiary of the trust. L.R.A. 
 1915E, 45L 
 
 TRUTH. 
 
 As defense to lihel or slander, see Libel 
 AND Slandee, § 38. 
 
 TUBERCULIN TEST. 
 
 Validity and construction of statutes as to. 
 43 L.R.A.(N.S.) 1072. 
 
 TUBERCULOSIS. 
 
 As element of damages for negligent injury, 
 48 L.E.A.(N.S.) 102. 
 
 TUITION. 
 
 See Schools, § 11a. 
 
592 
 
 INDEX TO NOTES. 
 
 TUNNELS. 
 
 § 1. Generally. 
 
 Injury by, to trainman on top of passing 
 train. 47 L.E.A.(N.S.) 497. 
 
 Power to permit tunnel under street for 
 private purposes. L.R.A.1915F, 937. 
 
 TURNPIKES. 
 
 As to toll roads, see Toll Roads. 
 
 *-"*■ — 
 
 TURNTABLES. 
 
 See Negligence, § 23. 
 
 ♦-•-• 
 
 TURPENTINE. 
 
 Injunction against trespass to box trees for 
 turpentine. 43 L.K.A.(N.S.) 264. 
 
 Right as between owner of land and owner 
 of timber thereon to take turpentine 
 from trees. L.E.A.1915E, 307. 
 
 TYPEAVRITING. 
 
 Comparison of, and expert evidence as to, 
 see EviDBNCE, § 205a. 
 
 Typewritten matter as written or as print- 
 ed matter. L.R.A.1915D, 1084. 
 
 ULTRA VIRES. 
 
 Of corporation, see Corpoeations, V. b. 
 
 Liability of municipality or other public 
 corporation on ultra vires contract, 
 
 L.R.A.(N.S.) 921. 
 
 46 
 
 UMPIRE. 
 
 In general, see Abbitbation, § 4. 
 
 UNBLOCKED SWITCHES. 
 
 Master's liability for injury to employee by, 
 see Master and Sebvant, § 95. 
 
 Private action for violation by railroad com- 
 pany of statutory duty to block frogs, 
 switches and crossings. L.R.A.1915E, 
 537. 
 
 UNBORN CHILDREN. 
 
 UNBORN CHILDREN— cojii'd. 
 Parent's statutory right of action for deatb 
 of unborn child. L,R.A.1916E, 122. 
 
 UNCERTAINTY. 
 
 Of contract, see Conteacts, § 20. 
 
 ■» « » 
 
 UNCHASTITY. 
 
 Libel by imputation of, see Libel and 
 
 Slandee, § 12. 
 
 Antenuptial, as ground for divorce or annul- 
 ment of marriage. L.R.A.1916E, 653. 
 
 UNCONSCIOUSNESS. 
 
 Signature made by liand of unconscious 
 person. L.R.A.1915B, 678. 
 
 UNDERTAKERS. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of business as affected 
 by its territorial scope. L.E.A.1916C, 
 630. 
 
 UNDER W^RITERS. 
 
 In general, see Instjbance. 
 Unlawful combination of, see Monopoly and 
 Combination, § 11. 
 
 ♦ «» 
 
 UNDISCLOSED PRINCIPAL. 
 
 See Peincipal and Agent, §§ 26, 43. 
 
 ♦ » » 
 
 UNDIVIDED INTEREST. 
 
 Replevin for, see Replevin, § 7. 
 
 In general, see Aftbe-boen Chtldeen. 
 
 Begin uith this hoolc on every law question. 
 
 UNDUE INFLUENCE. 
 
 Presumption of, see Evidence, § 52. 
 
 In contract requiring servant to elect be- 
 tween acceptance of benefits out of re- 
 lief fund and a prosecution of his 
 claims in an action for damages. 48 
 L.E.A.(N.S.) 448. 
 
 Rights and remedies of prior beneficiary 
 where change of beneficiary is accom- 
 plished by fraud or undue influence. 
 L.R.A.1916C, 1133. 
 
 Effect of undue influence by physician to 
 avoid release. 50 L..R.A.(N.S.) 1091. 
 
INDEX TO NOTES. 
 
 59S 
 
 UNDUE nSTFLUENOE— cojii'd. 
 Undue influence in conveyance or transfer 
 of property in consideration of sup- 
 port of the grantor or a third per- 
 son. 52 L.R.A.(N.S.) 476. 
 Burden of proof. 52 L.R.A.(N.S.) 476. 
 Where agreement constitutes inade- 
 quate consideration. 52 L.R.A. 
 (N.S.) 480. 
 Expectancy of life of grantor as a 
 
 test. 52 L.E.A.(N.S.) 480. 
 Where agreement is oral. 52 
 L.R.A. (N.S.) 481. 
 Matters of pleading. 52 L.R.A. (N.S.) 
 
 482. 
 Illustrative cases. 52 L.R.A. (N.S.) 482, 
 Conveyance to relative. 52 L.R.A. 
 (N.S.) 482. 
 Where assailed by heirs or 
 personal representative of 
 grantor. 52 L.R.A. (N.S.) 
 483. 
 Where assailed by grantor. 
 52 L.R.A.(N.S.) 483. 
 Conveyance to stranger in blood, 
 52 L.R.A.(N.S.) 487 
 
 UNFAIR COMPETITION. . 
 
 § 1. Generally. 
 
 See also Tkademabks; Tradenames. 
 
 Liability of individual in tJie absence of 
 ^ any element of conspiracy for driving 
 away another's customers. L.R.A. 
 1915B, 1180. 
 Unfair competition by retailer or jobber as 
 against manufacturer by substitu- 
 tion of goods. 52 L.R.A.(N.S.) 
 899. 
 Where substitution is made through 
 mistake or inadvertence. 52 L.R.A. 
 (N.S.) 904. 
 
 § 2. What constitntes. 
 
 Infringement or unfair competition in sim- 
 ulating toy or other article of no utili- 
 ty which is a diminutive replica of ar- 
 ticle in general use. 44 L.R.A. (N.S.) 
 1057. 
 
 Unfair competition in using rival's contain- 
 er for competing product. L.R.A.1915F, 
 945. 
 
 Use of another's trademark or insignia not 
 technically a trademark for advertis- 
 ing purposes as unfair competition. 
 L.R.A.1915B, 889. 
 
 § 3. Protection, against. 
 
 Injunction against, see Injunction, § 69. 
 Right to protection in use of terms descrip- 
 tive of a process. L.R.A.1916E, 634. 
 
 TJNriTNESS. 
 
 Of fellow servant, master's duty as to, see 
 Master and Servant, §§ 104, 105. 
 
 (Liability for serving unfit food. L.R.A. 
 1915B, 481. 
 Consult also L.R.A. Digests to date. 
 
 43— '16F. 
 
 UNFOUNDED BELIEF. 
 
 As affecting testamentary capacity. L.K.A.. 
 1915A, 459. 
 
 UNGUARDED MACHINERY. 
 
 Master's duty to guard machinery, see Mas- 
 ter and Sebvant, § 90. 
 
 UNIFORMITY. 
 
 Of license tax, see License, § 49. 
 In taxation, see Taxes, II. c. 
 
 UNILATERAI, CONTRACTS.. 
 
 See Contracts, § 18. 
 
 « ■ » 
 
 UNION. 
 
 Labor union, see Labor Organizations. 
 
 UNION DEPOT. 
 
 Power to require establishment of. L.R.A, 
 1915D, 98. 
 
 * »» 
 
 UNION XABOR. 
 
 See Labor Organizations. 
 
 4 » » 
 
 UNION MORTGAGE CliAUSE. 
 
 Effect on riglits of mortgagee of breacli of 
 policy by mortgagor under. L.R.A. 
 1915C, 759. 
 
 UNITED STATES. 
 
 § 1. Generally. 
 
 Bonds of, see Bonds, III. 
 Tax on property or instrumentalities of, 
 see Taxes, § 6. 
 
 Duty of government official to know signa- 
 ture of drawer of draft. L.RiA.l'915D, 
 
 797. 
 
 g 5. Claims in favor of. 
 
 Exemption as against fines and penalties 
 when United States is the plaintiff. 
 L.R.A.1915A, 1216. 
 
 Applicability as against government of pre- 
 sumption of payment from lapse of 
 time. L.R.A.1916B. 739. 
 
 38 
 
594 
 
 UNITED STATES— comt'd. 
 § 6. — priority of. 
 
 Common-law priority of United States in 
 payment from assets of debtor. 46 
 L.K.A.(N.S.) 261. 
 
 INDEX TO NOTES. 
 
 UNBEPEATED MESSAGES. 
 
 UNLAWFUL ACT. 
 
 Homicide in commission of, see Homicide, 
 
 §§ ]6, 18. 
 Homicide to prevent, see Homicide, § 23. 
 
 UNLA'WFUL ABBEST. 
 
 Liability for, see False Imprisonment. 
 
 « » » 
 
 UNLAWFUL DETAINEB. 
 
 See EoEciBLB Entet and Detainer. 
 
 UNLICENSED PEBSONS. 
 
 Effect of failure to procure license, see LI- 
 CENSE, §§ 15, 16. 
 
 UNLIQUIDATED CLAIMS. 
 
 Accord and satisfaction as to, see Accord 
 AND Satisfaction. 
 
 Application to, of doctrine of accounts stat- 
 ed. 45 L.R.A.(N.S.) 537. 
 
 Right to maintain action or on original un- 
 liquidated claim for mere failure to 
 pay at time stipulated in agreement of 
 accord or compromise. 45 L.K.A. 
 (N.S.) 1062. 
 
 UNLOADING CABS. 
 
 As railroad hazard within statute changing 
 fellow-servant rule. 47 L.E.A. (N.S.) 
 115. 
 
 UNMATUBED CLAIM. 
 
 Set-ofT, see Set-Off and Countebclaim, 
 § 19. 
 
 UNBEASONABLE SEABCH. 
 
 Validity of limitation of liability of tele- 
 graph company for. L.II.A.1915B, 685. 
 
 UNSHAKABLE DELUSIONS. 
 
 As affecting testamentary capacity. L.II.A. 
 1915A, 459. 
 
 UNSOCIABILITT. 
 
 As ground for divorce. 31 L.E.A. (N.S.) 
 460. 
 
 -♦-•-•- 
 
 UNSOUND MIND. 
 
 See Incompetent Persons. 
 
 UNUSED MATEBIALS. 
 
 As basis of mechanics' lien, see Mechanics' 
 Liens, § 11. 
 
 UNWHOLESOMENESS. 
 
 Of food, liability for injury by, see Food, 
 § 5. 
 
 UPLAND. 
 
 Rights of owner of, in water generally, see 
 Waters, II. 
 
 < « » 
 
 USAGE. 
 
 See Custom and Usage. 
 
 ♦ « » 
 
 USE. 
 
 See Search and Seizure, 
 
 Begin with this hook, on every law question 
 
 Use and occupation, see Use and Occupa- 
 tion. 
 
 Of insured premises, see Insurance, §§ 74, 
 75, 77, 78, 85, 86. 
 
 Permissive user which will constitute a ded- 
 ication of a wharf or landing place. 
 48 L.R.A.(N.S.) 469. 
 
 Acquisition of easement of way or passage 
 by use and severance. L.R,A.1915C, 
 349. 
 
INDEX TO NOTES. 
 
 595 
 
 USE AND OCCUPATION. 
 
 Liability for use of leased premises by one 
 seizing tenant's goods or chattels. 43 
 LJl.A.(N.S.) 527. 
 
 USER. 
 
 See Use. 
 
 USES. 
 
 In general, see Teusts. 
 Charitable uses, see Charities. 
 See also Use. 
 
 USURY, 
 
 I. In general, § 1. 
 II. What constitutes, §§ 2—S. 
 III. Effect; defense^; remedies; penal- 
 ties, §§ 9—13. 
 
 a. Effect, §§ 9-11. 
 
 b. Defenses, §§, 13, 13. 
 d. Penalties, §13. 
 
 I. In general, 
 
 % 1. Generally. 
 
 Law of place as to, see Conflict of Laws, 
 
 §§ 7, 7a. 
 In mortgage, see Mortgage, § 23. 
 
 Payment of, or promise to pay, usurious in- 
 terest as consideration for agreement 
 extending time of payment of obliga- 
 tion. 52 L.R.A.(N.:S.) 358. 
 
 II. What constitutes. 
 
 § 2. Generally. 
 
 Stipulation for attorneys' fees as usury. 
 
 L.RA.1915B, 944. 
 Exacting payment of interest for full term 
 
 upon p'avment of debt before maturity. 
 
 L.R.A.1916B, 812 
 
 § 3. In loans by agent. 
 
 Commissions charged by lender's agent as 
 usury. 46 L.R.A.(N.S.) 1157. 
 
 § S. Lawfulness of taking interest in 
 
 In general. L.R.A.1915D, 1195. 
 In periodical payments. L.R.A.19151"), 1197. 
 For wha,t length of time allowed. L.R.A. 
 ini.^D, 1197. 
 
 S 8a. Fnicliase of paper at disconnt. 
 
 Purchase of paper at discount as usury. 
 43 L.R.A.(N.S.) 211. 
 First negotiation of paper as a sale. 
 43 L.R.A.(N.S.) 212. 
 When taker knows paper had no 
 prior inception. 43 L.R.A. 
 (N.S.) 212. 
 Consult also L.R.A. Digests to date. 
 
 USURY, II.— cont'd. 
 
 When taker is ignorant that paper 
 had no prior inception. t3 
 L.R.A. (N.S.) 214. 
 Exchange of paper. 43 L.R.A. 
 (N.S.) 215. 
 Paper of the exchanging par- 
 ties. 43 L.R.A.(N.S.) 215. 
 Paper of other parties. 43 
 L.R.A.(N.S.) 217. 
 Where consideration is a pre-exist- 
 ing debt. 43L.R.A.(N.S.) 2)7. 
 Corporate paper. 43 L.R.A. (N.S.) 
 
 218. 
 Bills of exchange. 43 L.R.A. (N.S.) 
 
 219. 
 Accommodation paper. 43 L.R.A. 
 (N.S.) 220. 
 Where first discounter knew 
 of character. 43 L.R:.A. 
 (N.S.) 221. 
 Where first discounter did not 
 know of character. 
 43 L.R.A.(N.S.) 222. 
 Doctrine that transac- 
 tion is usurious. 43 
 L.R.A. (N.S.) 222. 
 Doctrine that transaction 
 is not usurious. 43 
 L.R.A.(N.S.) 223.. 
 Representations as to accom- 
 modation paper. 43 
 L.R.A.(N.S.) 225. 
 Negotiable instruments law. 43 L.R.A. 
 
 (N.S.) 228. 
 Purchase of valid existing paper. 43 
 L.R.A.(N.S.) 228. 
 General rule. 43 L.R.A. (N.S.) 228. 
 Various circumstances. 43 
 L.R.A.(N.S.) 230. 
 Taking paper of third par- 
 ties on account of 
 pre-existing debt. 43 
 L.R.A.(N.S.) 230. 
 Notes bought with notes. 
 43 L.R.A.(N.S.) 230. 
 Buying one's own notes. 
 43 L.R.A.(N.S.) 230. 
 Bonuses, etc., on the pur- 
 chase of existing se- 
 curities. 43 L.R.A. 
 •(N.S.) 231. 
 Where paper is indorsed generally 
 or guaranteed. 43 L.R.A. 
 (N.S.) 232. 
 View that indorsee has no 
 remedy on paper. 43 
 L.R.A.(N.S.) 232. 
 View that indorsee may not 
 recover against indorser. 
 43 L.R.A.(N.S.) 233. 
 View that indorser is liable 
 for amount paid with in- 
 terest. 43 L.R.A. (N.S.) 
 234. 
 View that indorser is liable 
 for full amount of paper. 
 43 L.R.A.(N.S.) 234. 
 Prior parties may not set up 
 usury in the transfer. 43 
 L.R.A.(N.S.) 235. 
 Miscellaneous. 43 L.R.A. (N.S.) 236. 
 
596 
 
 i:ndex to notes. 
 
 VSVRY— cont'd. 
 
 IM. Effect; defenses; remedies; penal- 
 ties. 
 
 a. Effect. 
 
 § 9. Generally. 
 
 Payment of usurious interest as consider- 
 ation for agreement extending time of 
 payment of obligation. 52 L.R.A. 
 (N.S.) 361. 
 
 Usury in mortgage as affecting rights of 
 purchaser or redemptioners under fore- 
 closure. L.E.A.1915D, 349. 
 
 § 10. On judgment. 
 
 Right to open default judgment to let in 
 defense of. L.R.A.1916F, 859. 
 
 6. Defenses. 
 
 § 12. Generally. 
 
 Usury as affected by 
 nection with the 
 (N.S.) 1044. 
 
 the borrower's con- 
 lender. 49 L.R.A. 
 
 § 13. AVIio may set up defense. 
 
 The right of a vendee of real estate which 
 is subject to a lien, to raise the ques- 
 tion of usury. 48 L.R.A.(N.S.) 840. 
 Estoppel to set up defense of usury to com- 
 mercial paper by representations to 
 prospective purchaser. 50 L.R.A. (N.S. ) 
 1031. 
 Right of creditors to set up usury in their 
 debtor's contract with others. 
 L.R.A.1915C, 634. 
 In general. L.R.A.1915C, 636. 
 
 Doctrine that usury is a defense 
 personal to debtor. L.R.A. 
 191 5C, 636. 
 Exceptions. L.R.A.lOloC, 636. 
 Doctrine that usury is not a 
 defense personal to debtor. 
 L.R.A.1916C, 637. 
 Pennsylvania doctrine. L.R.A. 
 1915G, 637. 
 Effect of debtor's insolvency. L.R.A. 
 
 1915C, 638. 
 Recovery of usury paid. L.R.A.1915C, 
 
 640. 
 Extent of relief. L.R.A.1915C, 641. 
 Particular classes of creditors. L.R.A. 
 19150, 642. 
 General creditors. L.R.A.1915G, 
 
 642. 
 Judgment and attachment credit- 
 ors. L.R.A.1915C, 643. 
 Rule that such creditors may 
 take advantage of usury. 
 L.R.A.1915G, 043. 
 Kule that they cannot. L.R.A. 
 1915C, 645. 
 Junior mortgagees. L.R.A.1915C, 
 645. 
 Rule that junior mortgagees 
 may take advantage of 
 usury. L.R.A.1915C, 645. 
 Rule that thev cannot. L.R.A. 
 19150, 646. 
 
 USURY, III. h—confd. 
 
 Effect of judgment on the usurioua 
 debt. L.R.A.19150, 647. 
 
 d. Penalties, 
 
 § 15. Generally. 
 
 Cruel and unusual punishment for. L.R.A. 
 19150, 570. 
 
 UTILITIES. 
 
 Public utilities, see Public Sekvice Cobpo- 
 
 RATIONS. 
 
 UTTERING. 
 
 Of forged instrument, see FoKGEBr. 
 
 VACANCY. 
 
 Of insured property, see Instjkancb, § 75, 
 
 86. 
 In office, see Officers, § 17. 
 Appointment of officer to fill, see Officers, 
 
 § 14. 
 
 Of property, as affecting right to enjoin 
 nuisance affecting it. 46 L.R.A. (N.S.) 
 642. 
 
 VACCINATION. 
 
 See Health, § 10. 
 
 VAGRANCY. 
 
 Prohibition of fortune telling under Eng^ 
 lish vagrancy act. 43 L.R.A. (N.S. ), 
 204. * 
 
 VALIDATION. 
 
 Ourative act, see Constitutional Law, § 9. 
 
 VALUATION. 
 
 Of property of public service corporations, 
 see Public Service Corporations, § 5. 
 
 Of property for purpose of taxation, see 
 Taxes," §§ 56, 57, 102, 103. 
 
 Considerations of time and place in deter- 
 mining value of personal property for 
 purpose of fire insurance. L.E_A.1915E, 
 489. 
 
 Begin with this hooli on every law question. 
 
INDEX TO NOTES. 
 
 597 
 
 VALUE. 
 
 § 1. Generally. 
 
 Opinion evidence as to, see Evidence, § 104. 
 
 Evidence as to generally, see Evidence s" 
 
 262. '3 
 
 Cash surrender value of policy, see Insub- 
 
 ANCE, § 57. 
 
 § 2. Misrepresentations as to. 
 
 Fraud or mistake as to value 01 land sold, 
 
 see \ ENDOK AND PUECHASEB, § 28. 
 
 Effect of misrepresentation as to character, 
 quality or value of goods by shipper on 
 his rigjit to recover for loss. L.R.A. 
 1915A, 502. 
 
 VALUED POLICY, 
 
 Effect of valued policy statutes on agree- 
 ments for arbitration. 47 L.E.A. (N.S.) 
 433. 
 
 Statutory provisions regulating valued 
 policies as affecting provisions of poli- 
 cies for prorating loss in case of con- 
 current insurance. L.E.A.1916F, 997. 
 
 VARIANCE. 
 
 See Evidence, § 330. 
 
 VAULTS. • 
 
 Under highway, see HiGiiWAys, § 14. 
 
 VEHICLES. 
 
 Liabilitv of bailee of wagon, see Bailment, 
 
 § e: 
 
 Eights and regulations as to vehicles in 
 highways, see Highways, § 45. 
 
 License tax on, see Licekse, § 43. 
 
 Liability of street railway company for in- 
 jury by collision with, see Steeei Rail- 
 ways, § 18. 
 
 See also Automobiles; Bicycles; Jitney 
 Buses; Motok Cycles. 
 
 Presumption of carrier's negligence in col- 
 lision with vehicle. L.E.A.1916C, 373. 
 
 VENDOR AND PURCHASER. 
 
 /. In general, §§ l—ia. 
 II. Bights, remedies, and liaT}ilities 
 of parties, §§ 5—29. 
 a. In general, §§ 5—9. 
 h. Rights as to purchase money, 
 
 §§ 10-14:. 
 
 c. Title, §§ 15-18. 
 
 d. Quantity, §§ 19—31. 
 Consult also L.B.A. Digests to date. 
 
 VEXDOR AND PURCHASER, 11.— cont'd. 
 
 e. Rescission, §§ 32—35. 
 
 f. Fraud or mistalce, §§ 26—39. 
 III. Vendor's lien, §§ 30—35. 
 
 IT. Bights and liabilities of parties as 
 to third persons; hona fide pur- 
 chasers, §§ 36—39. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Boundaries of laud generally, see Bound- 
 AKIES, II. 
 
 As to contract within statute of frauds, see 
 Contracts, §§ 40-42, 46, 47, 58, 59. 
 
 Conveyance by one cotenant, see Coten- 
 ancy, § 11. 
 
 Provision in land contract as to penalty or 
 liquidated damages, see Damages, § 40. 
 
 As to deeds, see Deeds. 
 
 Sale of land by guardian, see Guaedian 
 and Ward, §§ 7, 14. 
 
 Judicial sale, see Judicial Sale. 
 
 Purchase of mortgaged premises, see MoET- 
 
 UAUE, TV. 
 
 Sale on foreclosure, see Moetgage, VII. h. 
 Purchase by agent in his own name, see 
 
 Principal and Agent, § 34. 
 Record of conveyance, see Recoeds and Ee- 
 
 coEDiNG Laws, IV. 
 Sale of personal property, see Sale. 
 As to specific performance of contract. 
 
 see Specific Peefokmance, §§ 12, 13. 
 Contract to support grantor, see Suppoet, 
 
 § 4. 
 Sale of standing timher, see Timbee, §§ 2, 4. 
 
 Validity of transfer of property in violation 
 of restraining order. 50 L.R.A. (N.S.) 
 871. 
 
 Eight to relief, in absence of contract, 
 against sale of, or proposal to sell, real 
 property to person or for purpose re- 
 garded as undesirable. 44 L.E.A. 
 (N.S.) 228. 
 
 § 3. Nature of interest in land con- 
 tract. 
 
 Rights under optional land contract as real 
 or personal property. L.E.A.iyi6E, 
 358. 
 
 § 4. Option for purchase of land. 
 
 Rights under optional land contract as real 
 or personal property. L.R.A.1916F, 
 358. 
 
 Communication naming price as a quota- 
 tion or an offer to sell. 3 B. R. C. 229. 
 
 Rights of third persons intervening between 
 the taking and the exercise of an option 
 for purchase of real property. 43 
 L.R.A.(N.S.) 1150. 
 
 Assignability of option to purchase proper- 
 ty. 43 L.R.A.(N.S.) 115. 
 
 //. Bights, remedies, and liahilities of 
 parties. 
 
 a. In general. 
 
 § 5. Generally. 
 
 Conditions in deed, see Conditions, II. 
 
598 
 
 INDEX TO NOTES. 
 
 VENDOR AND PUHCHASER, II. a— 
 cont'd. 
 
 Covenants between, see Covenants. 
 
 Measure of damages for breach, of contract 
 to sell, see Damages, § 31. 
 
 What are fixtures as between, see Fixtures, 
 § 4. 
 
 Purchaser at judicial sale, see Judicial 
 Sale, §§ 11, 16. 
 
 In ease of purchase pending suit, ^ see Lis 
 Pendens, § 4. 
 
 Rights and liabilities of purchaser of land 
 subject to a mortgage, see Moktgaqe, 
 IV. 
 
 Notice of title from possession of vendee 
 or vendor, see Notice, § 17. 
 
 Purchaser's liability for nuisance, see Nui- 
 sances, §§ 16, 17. 
 
 Specific performance of land contract, see 
 Specific Perfoemance, §§ 12, 13, 15, 
 17. 
 
 Contract for support of grantor, see Sup- 
 poet, § 4. 
 
 Who responsible as between vendor and 
 vendee for taxes accruing after sale 
 but before title perfected in pur- 
 chaser. 43 L.R.A.(N.S.) 51. 
 Under special contract. 43 L.R.A. 
 
 (N.S.) 56. 
 Effect of statutes. 43 L.R.A. (N.S.) 61. 
 Reimbursement for taxes paid. 43 
 L.R.A.(N.S.) 62. 
 
 Rights of vendor and vendee as to notice to 
 redeem from tax sale. 44 L.R.A. (N.S.) 
 666. 
 
 Interest of vendee under an executory con- 
 tract for the purchase of real property 
 as subject to lien of judgment, execution 
 or attachment against him. L.R.A. 
 . 1915B, 340. 
 
 Liability of purchaser who takes possession 
 under parol contract of sale in action 
 for rents or for use and occupation, 
 where vendor refuses to perform. 
 L.U.A.1915E, 405. 
 
 Recoveiy of unlawful payments demanded 
 by vendor as made under duress of real 
 property. L.R.A.1915B, 501. 
 
 May contract which purports to describe 
 premises by number of acres be satis- 
 fied by a conveyance of that number of 
 acres out of a larger tract which other- 
 wise answers the description. L.R.A. 
 1916C, 1100. 
 
 § 6. 'Wbo must bear loss resulting 
 before completion of contract. 
 
 Who must bear loss for destruction or de- 
 terioration of property before contract 
 has been completely performed by 
 transfer of legal title. 43 L.R.A. (N.S.) 
 383. 
 
 § 9. Performance; tender. 
 
 Who may enforce contract for sale of real 
 property where only one party signed 
 contract. 43 L.R.A. (N.S.) 410. 
 
 Begin with this boolc on every law question 
 
 VENDOR AND PURCHASER, II.— co«fU 
 b. Rights as to purchase money. 
 
 §10. Generally. 
 
 Mortgage for purchase money, see Pub- 
 chase Money, § 6. 
 
 Right of vendor to unpaid instalments of 
 tjie purchase price where the con- 
 tract has terminated or been re- 
 scinded for default of vendee. 
 L.R.A.1916C, 893. 
 Whether contract terminates on de- 
 fault by the vendee. L.R.A.1916C, 
 893. 
 Where forfeiture or termination of con- 
 tract is optional with the 
 vendor. L.R.A.1916C, 894. 
 Right to enforce payment from 
 suretv of vendee. L.R.A. 
 1916C, 894. 
 Right to enforce collateral mort- 
 gage. L.R,.A.1916C, 895. 
 Right to enforce judgment against 
 vendee. L.R.A.1916C, S95. 
 Conduct of vendor constituting rescis- 
 sion. L.R.A.1916C, 895. 
 Bringing possessory or foreclosure 
 
 action. L.R.A.1916C, 895. 
 Serving notice to quit, etc. L.R.A. 
 
 1916C, 896. 
 Retaking possession. L.R.A.1916C, 
 
 897. 
 Purchase of land at execution or 
 sheriff's sale. L.R.A.1916C, 
 897. 
 Declaration of forfeiture. L.R.A. 
 • 1916C, 897. 
 
 Accepting reconveyance from 
 vendee. L.R.A.1916C, 898. 
 
 § 14, Becovery back of purchase 
 money. 
 
 Right of vendee to recover back payments 
 made upon a contract for the pur- 
 chase of land which does not sat- 
 isfy the statute of frauds. L.R.A. 
 1916D, 468. 
 
 Where vendor is unable or unwilling to 
 perform. L.R.A.1916D, 469. 
 
 Where vendor is ready, able, and will- 
 ing to perform. L.R.A.1916D, 
 472. 
 Minority rule. L.R.A.1916D, 475. 
 
 Property delivered or conveyed in pay- 
 ment. L.R.A.1916D, 480. 
 
 Action on note or check for purchase 
 price. L.R.A.1916D, 481. 
 
 Necessity of tender of performance by 
 purchaser. L.R.A.1916D, 483. 
 
 Lien. L.R.A.1916D, 484. 
 
 , c. Title. 
 
 % 15. Generally. 
 
 Duty of vendor as to abstract of title, see 
 
 Abstracts. 
 Effect of doubtful title on right to specific 
 
 performance, see Specific Performance, 
 
 § 17. 
 
INDEX TO NOTES. 
 
 609 
 
 VENDOR AND PURCHASER, II. c— 
 
 cont'd. 
 § 16. 'What is a marketable title. 
 
 Doctrine as to possibility of issue extinct 
 as affecting marketability of title. 
 48 L.R.A.(N.S.) 874. 
 
 § 18. Etfect of unmarketable title; 
 duty to take. 
 
 Defective title as affecting real estate brolv- 
 ers' commissions. L.R.A.1915E, 714. 
 
 d. Quantity. 
 
 § 19. Generally. 
 
 Right to specific performance where there 
 is a shortage in quantity, on condition 
 of a compensation or indemnity. 52 
 L.R.A.(N.S.) 959. 
 
 § 21. Abatement in purchase price 
 for deficiency. 
 
 Abatement from price because of deficiency 
 in quantity under grant of coal . in 
 place. 51 L.R.A.(N.S.) 792. 
 
 e. Rescission, 
 
 § 22. Generally. 
 
 Right of vendor to unpaid instalments of 
 purcliase price where the contract has 
 been rescinded for default of vendee. 
 L.R.A.191GC, 893. 
 
 § 23. Grounds for. 
 
 Rescission because of deficiency in quantity 
 under gr^nt of coal in place. 51 L.R.A. 
 (N.S.) 792. 
 
 § 24. — fraud or mistake. 
 
 Secret dealings between vendor and one who 
 promoted the organization of a corpo- 
 rate purchaser as a ground for rescis- 
 sion of contract. L.R.A.1916C, 1000. 
 
 /. Fraud or mistake, 
 
 § 26. Generally. 
 
 As ground for rescission, see supra, § 24. 
 
 Compliance with contract for the purchase 
 of real estate as condition precedent 
 to the right of the vendee to maintain 
 an action against his vendor for fraud 
 and deceit. L.R.A.IQISF, 962. 
 
 § 28. As to value. 
 
 False statement as to cost, selling or market 
 price, or as to offers therefor. L.R.A. 
 1916r, 782. 
 
 III. Vendor's lien, 
 
 § 30. Generally. 
 
 Dower in land subject to vendor's lien, see 
 Dower, § 4a. 
 
 Agreement for support in consideration of 
 conveyance as creating lien on land. 
 43 L.R.A.(N.S.) 929. 
 
 § 32. Priority of. 
 
 Priority over widow's claim to dower. 52 
 L.R.A.(N.S.) 555. 
 Consult also L.B.A. Digests to date. 
 
 VENDOR AND PURCHA(.ER, 111.— cont'd. 
 § 34. Enforcement of. 
 
 Xcecssity of pleading statute of frauds in 
 suit to enforce vendor's lien. 49 L.R.A. 
 (N.S.) 37. 
 Right to redeem from sale enforcing vendor's 
 
 lien. 44 L.R.'A.(N.S.) 285. 
 Rights of original purchaser. 44 L.R.A. 
 
 (N.S.) 285. 
 Rights of subpurchasers, etc. 44 L.R.A. 
 
 (N.S.) 286. 
 Under statute. 44 L.R.A. (N.S.) 288. 
 Right of creditor of vendor to benefit o; 
 
 vendor's lien. 47 L.R.A. (N.S 
 
 186. 
 Where vendee gives personal obligation 
 
 direct to creditor. 47 L.R.A. ( N.S.) 
 
 188. 
 Assumption of mortgage debt. 47 
 
 L.R.A.(N.S.) 189. 
 Broker's right to lien. 47 L.R.A. (N.S.) 
 
 190. 
 Consolidation of corporations. 47 
 
 L.R.A. (N.S.) 190. 
 § 35. 'Waiver or loss of. 
 Right of vendee to acquire tax title adverse- 
 ly to vendor. 46 L.R.A.(N.S.) 209. 
 
 IT. Rights and liahilities of parties as 
 to third persons; hona flde pur- 
 chasers. 
 
 § 36. Generally. 
 
 Dower in land subject to purchase money 
 mortgage or vendor's lien, see Dowek, 
 § 4a. 
 
 Conveyance in fraud of creditors, see 
 
 FBATJDtrLENT CONVEYANCES. 
 
 Assumption of mortgage debt by grantee, 
 see Mortgage, I'V. 
 
 Constructive notice to purchaser, see No- 
 tice, §§ 12, 17. 
 
 Effect of substitute conveyances as against 
 innocent third persons. 44 L.R.A. (N.S.) 
 851. 
 
 Failure of title of payee of purchase money 
 note as affecting purchaser of note 
 with knowledge of the character of the 
 consideration. 46 L.R.A. (N.S.) 870. 
 
 Right of successor to share of cotenant to 
 latter's claim to allowance for im- 
 provements to common property. 45 
 L.R.A.(N.S.) 738. 
 
 Right of receiver to take property from 
 possession of purchaser. 47 L.R.A. 
 (N.S.) 749. 
 
 Right of a vendee of real estate which is 
 subject to a lien to raise the question 
 of usury. 48 L.R.A. (N.S.) 840. 
 
 Estoppel of third person against assertion 
 of title or interest in real property by 
 concealing the same or representing it 
 to be in vendor. 48 L.R.A. (N.S.) 745. 
 
 Rights of third persons intervening between 
 the taking and the exercise of an op- 
 tion for purchase of real property. 43 
 L.R.A.(N.S.) 1150. 
 
 Agreement between landlord and tenant for 
 removal of fixtures by latter as affect- 
 ing purchaser of premises. L.R.A. 
 1915E, 822. 
 
600 
 
 INDEX TO NOTES. 
 
 VENDOR AND PURCHASER, III.— cont'd. 
 § 37. Rights of bona fide purchasers. 
 
 Effect of plat as to which purchaser of 
 property affected thereby has no notice. 
 44 L.R.A.(N.S.) 231. 
 
 Rights of bona fide J)urchaser of title fraud- 
 ulently registered under the Torrens 
 Law. L.R.A.1916D, 72. 
 
 Rights of assignee as ag'ainst subsequent 
 bona fide purchaser or encumbrancer 
 relying on an apparent discharge of a 
 mortgage by the mortgagee. L.R.A. 
 1915F, 554. 
 
 VENDOR'S lilEN. 
 
 See Vendob akd Pukchaser, III. 
 
 •-•-• 
 
 VENEREAL DISEASE. 
 
 Requiring certificate of freedom from ven- 
 ereal disease, as condition to marriage. 
 52 L.R.A.(N.S..) 778. 
 
 VENTRE SA MERE. 
 
 Prenatal injury to infant as ground of 
 action. 45 L.R.A. (N.S.) 625. 
 
 VENUE. 
 
 § 1. Generally. 
 
 Right of courts of one state to enforce 
 causes of action arising in another 
 state, see Conflict or Laws. 
 
 Constitutionality of statute as to, see CoN- 
 snTtrrioNAL Lavv, § 158. 
 
 As to territorial limitations on jurisdiction 
 of courts, see Cotjets, IV. 
 
 Validity of provision in contract as to place 
 
 where action may be brought. L.R.A. 
 
 1916D, 696. 
 When may local venue be disregarded upon 
 the' ground that the action or pro- 
 ceeding is ancillary or incidental. 
 L.R.A.1916D, 1134. 
 
 Action by receiver or trustee to enforce 
 liability of stockholders or mem- 
 bers of company. L.R.A.1916D, 
 1134. 
 
 Summary proceeding by trustee in bank- 
 ruptcy to recover personal proper- 
 ty. L.R.A.1016D, 1134. 
 
 Suit against assignee for benefit of cred- 
 itors, joined with suit against debt- 
 or. L.R.A.1916D, 1135. 
 
 Cross bill seeking affirmative relief. 
 L.R.A.1916D, 1135. 
 
 Scire facias against bail, etc. L.Rjl. 
 1916D, 1136. 
 
 Suit for injimction, etc., as ancillary to 
 another suit or proceeding. L.R.A. 
 19'16D, 1135. 
 
 VENUE— cont'd. 
 
 Matters incidental to an action. L.R.A. 
 1916D, 1137. 
 Venue of action against municipal corpora- 
 tion. L.R.A.1915F, 1029. 
 Offense of desertion or failure to provide 
 for wife or family as affected by resi- 
 dence of parties. 47 L.R.A. (N.S.") 218. 
 Venue of offense of obtaining property by 
 false pretenses. 49 L.R.A. (K.S.) 
 834. 
 Delivery to carrier. 49 L.R.A. (N.S.) 
 835. 
 Pennsylvania cases. 49 L.R.A. 
 (N.S.) 836. 
 Sending property by mail. 49 L.R.A. 
 
 (N.S.) 837. 
 Instruments for the payment of money. 
 
 49 L.R.A.(N.S.) 837. 
 Under statutes providing for crimes 
 begun and ended in different dis- 
 tricts. 49 L.R.A.(N.S.) 838. 
 Miscellaneous. 49 L.R.A. (N.S.) 839. 
 Venue of offense of libel. 49 L.R.A. (N.S.) 
 941. 
 The place of primary publication. 49 
 
 L.R.A.(N.S.) 941. 
 More than one place of publication. 49 
 L.R.A.(N.S.) 941. 
 Extradition from state to state. 
 49 L.R.A.(N.S.) 942. 
 Forwarding by mails or carriers. 49 
 L.R.A.(N.S.) 942. 
 Theory that offense is committed 
 partly in two jurisdictions. 
 49 L.R.A.(N.S.) 943. 
 Under particular laws. 49 L.R.A. 
 (N.S.) 944. 
 Jurisdiction of actions, aided by attach- 
 ment or garnishment, against a resi- 
 dent of the state. 49 L.R.A. (N.S.) 548. 
 
 § 2. Change. 
 
 Motion to change, as extending, time to 
 plead. 47 L.R.A. (N.S.) 857. 
 
 Constitutionality of statute permitting 
 change of venue to one party and not 
 to the other. L.R.A.1915F, 920. 
 
 § 3. — in criminal cases. 
 
 Time and place covered by recognizance or 
 bail bond in criminal case where change 
 of venue is taken. L.R.A.1916F, 380. 
 
 VERDICT. 
 
 Reversible error as to, see Appeal ahd Ee- 
 
 KOE, § 40. 
 In general, see Trial, VIII. 
 
 VERIFICATION. 
 
 Begin with this 'book on every law question. 
 
 Of indictment, see Indictment, Infobma- 
 TioN AND Complaint, § 12. 
 
 Of recall petition. L.R.A.1916D, 1107. 
 
INDEX TO NOTES. 
 
 601 
 
 VERMIN. 
 
 Constitutionality and validity of statute^ 
 or ordinajices for extermination of 
 vermin. L.E.AJ91GA, 1239. 
 
 VESSELS. 
 
 Abandonment of, see ABAKDONjrENT, § 7. 
 Insurance on, see ilAuiNE I:nsukance. 
 In general, see Shipping. 
 
 Applicability of liquor laws to vessels. 
 L.R.A.191.5r, 1140. 
 
 Liability of hirer of vessel under special 
 terms of contract for its care or re- 
 turn. L.R.A.1935B, 300, 306. 
 
 Forfeiture of vessels used in violation of the 
 flsh laws. L.E.A.1016F, 916. 
 
 ■« «» 
 
 VESTED INTEREST, 
 
 Under will, see Wills, V. j, 10. 
 «-•-• . 
 
 VESTED REMAINDERS. 
 
 See Wills, § 101. 
 
 ■ ♦-•-♦ 
 
 VESTED RIGHTS. 
 
 In general, see Constitutional Law, § 29. 
 
 VETERANS. 
 
 Validity of pension or bounty to confederate 
 soldiers. 45 L.R.A.(N.S.) 692. 
 
 Vested right in pension. 50 L.R.A. (N.S.) 
 1018. 
 
 VIADUCTS. 
 
 Liability of railroad company to abutting 
 owners for damages from change of 
 grade of highway necessary to carry it 
 across tracks. L.R.A.191g'D, 1078. 
 
 VIBRATION. 
 
 Noise with or without vibration incident to 
 
 lawful industrial business, as nuisance. 
 
 44 L.R.A.(N.S.) 236. 
 Liability for injury to person or property 
 
 from concussion caused by blasting. 
 
 L.R.A.1915E, 356. 
 Consult also L.R.A. Digests to date. 
 
 VICE PRINCIPAL. 
 
 As fellow servant, see Master and Sekv- 
 ANT, III. d, 3. 
 
 VIEW. 
 
 View of jury, see Evidence, § 159. 
 
 VILLAGES. 
 
 For municipal corporations generally, see 
 Municipal CoBPOEAriONS. 
 
 What is a village within statutes or ordi- 
 nances in relation to intoxicating li- 
 quor. L.R.A.1915C, 898. 
 
 VINEGAR. 
 
 See Food, § 10. 
 
 VIOLATION OF LAW. 
 
 Effect of, on right to recover on policy, see 
 Insukance, § 16S. 
 
 VIOLENCE. 
 
 Voluntariness of confession induced by fear 
 excited by violence. 50 L.R.A. (N.S.) 
 1087. 
 
 VIOLENT MEANS. 
 
 Death of insured by, see Insubancb, § 165. 
 . ♦-»-♦ 
 
 VISITOR. 
 
 Right of, to notice to redeem from tax 
 sale. 44 L.R.A.(N.S.) 676. 
 
 VIS MAJOR. 
 
 See also Act op God ; Inevitable Accident. 
 
 Burden of proof when the defense in an ac- 
 tion to recover for loss or injury to 
 goods during carriage is act of God or 
 vis major. L.R.x4.1915D, 547. 
 
602 
 
 INDEX TO NOTES. 
 
 VOID LEGACY. 
 
 Who takes, see Wills, § 129. 
 
 ♦-•-• • 
 
 VOIR DIRE. 
 
 Examination of juror on, see Jukt, § Sa. 
 
 < » » 
 
 VOLUNTARY ASSOCIATIONS. 
 
 See Associations. 
 
 ♦-•-♦ 
 
 VOLUNTARY EXPOSURE TO 
 DANGER. 
 
 By insured, see Insubance, § 164. 
 
 VOLUNTARY PAYMENTS. 
 
 Recovery back of, see Assumpsit, II. 
 
 •-•-♦ 
 
 VOLUNTEER. 
 
 § 2. Liability for acts of. 
 
 Liability of master for injury to prpperty 
 or person of one to whom he owes no 
 contractual duty, by acts of volunteer 
 whom servant permits to assist in per- 
 formance of master's service. 45 L.R.A. 
 (N.S.) 382; L.R.A.1916B, 630. 
 
 § 3. Personal Injury to. 
 
 Liability of master for injury to, see Mast- 
 EB AND Servant, § 107. 
 
 VOTE. 
 
 In general, see Elections. 
 Vote by stoclcholders, see Cobporations, 
 §§ 124, 125. 
 
 ♦ ■ » 
 
 VOTERS AND ELECTIONS. 
 
 See Elections. 
 
 #< » 
 
 VOTING TRUST. 
 
 Of corporate stock, see Cobpoeations, § 124 
 
 4 ■ » ■ 
 
 VOUCHERS. 
 
 VOUCHEiRS— comt'd. 
 
 Waiver of condition in fire policy as t( 
 
 keeping, in safe or safe place. L.R.A 
 
 1915F, 759. 
 
 WAGE EARNERS. 
 
 In general, see Master and Servant. 
 
 Exempting wage earners from anti-trust 
 laws. 52 L.R.A.(N.S.) 525. 
 
 < » » 
 
 WAGER. 
 
 See Conteacts, § 105; Insubance, IV. 
 
 « » » 
 
 W^AGES. 
 
 Wages, generally, see Mastee and Sebvani, 
 
 n. g. 
 
 Assignment of, see Master and Sebvani, § 
 28. 
 
 WAGONS. 
 
 See Vehicles. 
 
 W^AIVER. 
 
 Negligence in examination of, see Banks, §§ | 
 
 24, 29. ID. 
 
 Begin with this hook, on every latv question. 
 
 § 1. Generally. 
 
 Of statute 0(t limitations, see Limitation oi 
 Actions, IV. 
 
 Of rights under Federal employers' liability 
 act. 47 L.R.A.(N.S.) 76; L.R.A.1915C, 
 84. 
 
 § Z. Contractual matters generally. 
 
 Of objections to performance of contract. 
 
 See Contract, § 139. 
 By insured, see Insurance, § 130. 
 By insurer, see Insurance, VII. b. 
 
 Waiver of arbitration agreements. 47 
 L.R.A.(N.S.) 425. 
 
 Waiver of time stipulated in carrier's con- 
 tract for claim or suit against carrier, 
 L.R.A.1916D, 1049. 
 
 Of stipulaition in building contract that 
 alterations or extras must be ordered ir 
 writing. 48 L.R.A. (N.S.) 575. 
 
 Consideration for secondary agreement waiv- 
 ing rights under prior contract. L.R.A 
 1915B, 58. 
 
 Waiver without new consideration of time 
 clause in a building contract. 50 
 L.R.A.(N.S.) 501. 
 
 g 3. — matters as to commercial 
 paper. 
 
 Of presentment, see Bills and Notes, §§ 45 
 
INDEX TO KOTES. 
 
 603 
 
 WAIVER— cont'd. 
 
 Waiver of exemptions by agent authorizod 
 
 to give paper for loan. L.E.A.1916C, 
 
 136. 
 
 43 
 
 § 4. — contracts of sale. 
 
 Of breach of warranty, see Sale, § 58. 
 
 By purchaser, as to abstract of title. 
 L.E.A.(N.S.) 48. 
 
 Of conditions in contract of sale limiting 
 the warranty. 50 L.R.A.(N.S.) 796. 
 
 Waiver of delivery or tender by seller where 
 purchaser wrongfully repudiates his 
 contract. 51 L.R.A.{N.S.) 745. 
 
 Bringing an action for the purchase price 
 as a waiver by the vendor of the title 
 and remedy clauses in a conditional 
 sale contract. L.R.A.1916A, 925. 
 
 § 6. Matters of practice generally. 
 
 Of right to appeal, see Appual and Eebor, 
 
 §8. _ 
 Of objections during trial, see Appeal and 
 
 Error, § 30. 
 By appearance, see Appearance. 
 
 Of question of duplication of judgments" 
 where second judgment is entered witli- 
 out vacation or reversal of the first. 
 44 L.E.A.(N.S.) 342. 
 
 Of objection to jurisdiction on removal of 
 action brought in a state court outside 
 the territorial jurisdiction of either the 
 plaintiff's or defendant's Residence. 50 
 L.R.A.(N.S.) 831. 
 
 § 7. — in criminal cases. 
 
 Of defect of duplicity in indictment, see In- 
 dictment, ETC., § 31. 
 
 Failure to demand trial as waiver of right 
 to speedy trial. 44 L.R.A.(N.S.) 871. 
 
 Waiver of presence of accused at time of re- 
 ceiving verdict upon trial for felony. 
 L.R.A.i915D, 817. 
 
 Effect of consent of defendant in criminal 
 case to proceeding with less than twelve 
 jurors. 46 L.R.A.(N.S.) 38. 
 
 Of right to demand new trial because of 
 reading of newspaper account of trial 
 in criminal case. 46 L.R.A. (N.S.) 745. 
 
 Of objection that grand jury was not sworn. 
 49 L.R.A.(N.S.) 1217. 
 
 § 8. Of forfeiture. 
 
 Of insurance policy, see Iksubanoe, VII. b. 
 Of lease, see Landlord and Tenant, § 35. 
 
 § 9. Of lien. 
 
 What constitutes waiver, see infra, § 12. 
 
 Of chattel mortgage lien, see Chattel 
 Mortgage, § 30. 
 
 Of liens generally, see Liens, V. 
 
 Of mechanics' liens, see Mechanics' Liens, 
 VII. 
 
 Of vendor's lien, see Vendor and Purchas- 
 er, § 35. 
 
 § 10. Of privilege. , 
 
 Of privilege against admissibility of commu- 
 nications, see Evidence, §§ 224, 225. 
 Coitsiilt also L.R.A. Digests to , date. 
 
 WAIVER— cont'd. 
 
 Waiver of privilege of exemption of public 
 service corporation from regulation of 
 rates. L.R.A.1915C, 281. 
 
 Pleading particular cause of injury as waiv- 
 er of right to rely on res ipsa loquitur. 
 L.R.A.1915F, 992. 
 
 Delay in attempting to regain property ob- 
 tained under agreement to pay there- 
 for on delivery as waiver of that con- 
 dition. L.R.A.1915D, 355. 
 
 § 11. What constitutes. 
 
 By appearance, see Appearance. 
 
 Failure to demand trial as waiver of right 
 to speedy trial. 44 L.R.A. (N.S.) 871. 
 
 Repudiation of contract of sale of personal 
 property on one ground as waiver of 
 other objections. 3 B. R. C. 591. 
 
 Waiver of statute of limitations by person- 
 al representative as to indebtedness of 
 the estate. L.R.A.1915B, 1044. 
 
 Waiver of right to interest in condemnation 
 proceedings. L.R.A.1916C, 1118. 
 
 § 12. — of lien. 
 
 Of lien of chattel mortgage by attachment 
 or execution. 51 L.R.A. (N.S.) 1068. 
 
 §13. Effect of. 
 
 Effect of consent of defendant in criminal 
 case to proceeding with less than twelve 
 jurors. 46 L.R.A.(N.S.) 38. 
 
 Effect of waiver of statute of limitations by 
 personal representative as to indebted- 
 ness of the estate. L.R.A.1915B, 1049. 
 
 WAKESHAW. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 316. 
 
 WALLS. 
 
 1. Generally. 
 
 Party walls, see Party Walls. 
 
 § 2. Use of, for advertising. 
 
 Right of tenants to use walls for advertis- 
 ing purposes. L.R.A.1915B, 1057. 
 
 § 3. Injury by fall of. 
 
 Doctrine of attractive nuisance as applied 
 
 to. L.R.A.1915D, 160. 
 Liability of land owner for fall of wall left 
 
 standing after fire. L.R.A.1915C, 704. 
 
 WANTONNESS. 
 
 Wanton negligence of railroad company 
 operating trains longitudinally along 
 public street. 49 L.R.A. (N.S.) 688. 
 
604 
 
 INDEX TO NOTES. 
 
 WAR. 
 
 As to militia, see Militia. 
 
 As to prize and capture, see Prize and 
 
 Capiuee. 
 Secretary of War, see Sbceetaet of War. 
 
 Continuance of constitutional guaranties 
 during war or insurrection. 45 L.R.A. 
 (N.S.) 996. 
 
 Duty of conquering state with resipect to 
 obligations of conquered state. 5 B. 
 R. C. 906. 
 
 Status of corporation as alien enemy. 5 
 B. R. C. 333. 
 
 Alien enemies as litigants. 5 B. R. C. 583. 
 
 Liability of insurer under policy of marine 
 insurance for losses arising out of 
 state of war. 5 B. R. C. 4. 
 
 Effect of carriage of contraband upon ma- 
 rine insurance. 5 B. K. C. 58. 
 
 liiability of insurer of vessel or cargo "war- 
 ranted free from capuire." 5 B. R. 0. 
 74. 
 
 I WARNING— ooMt'd. 
 
 I Caution against incrimination as necessary 
 
 * » » 
 
 See GuAEDiAw and Ward. 
 
 WAREHOTJSE. 
 
 .What is, witlhin meaning of workmen's com- 
 pensation act. L.R.A.1916A, 206. 
 
 Warehouse and their sites on railroad right 
 of way as separate subjects of taxa- 
 tion. L.R.A.1916E, 413. 
 
 WAREHOUSEMAN. 
 
 § 4. Liability of. 
 
 Presumption and burden of proof as to care 
 or negligence in respect to subject of 
 bailment. 43 L.R.A.jN.S.) 1176. 
 
 Liability of, under special terms of con- 
 tract for care or retui-n of subject of 
 bailment. L.R.A.1915B, 306. 
 
 Duty of warehouseman to protect goods 
 against high water. L.R.A.1915D, 726. 
 
 § 5. AVarehouse receipts. 
 
 Issuance and delivery by warehouseman of 
 receipt for his own property as a con- 
 structive transfer of possession es- 
 sential to a valid pledge. 52 L.R.A. 
 
 (N.S.) 754. 
 
 WARNING. 
 
 § I. Generally. 
 
 Master's duty as to, see Master and Serv- 
 ant, §§'72, 74. 
 
 Of approach of train, see Railroads, §§ 57- 
 69. 
 
 to voluntariness of 
 L.R.A.(N.S.) 1083. 
 
 confession. 50 
 
 § 2. To passenger. 
 
 Duty of carrier to warn and wait for pas- 
 senger alighting temporarily at inter- 
 mediate point. 51 L.R.A.(N.S.) 902, 
 905. 
 
 Liability for injury in alighting from mov- 
 ing train after warning. iL.R.A.1915C, 
 186. 
 
 ■WARRANT. 
 
 § 1. Generally. 
 
 Search warrant, see Search and Seizure. 
 
 § Z. For payment of money. 
 
 County warrants, see Counties, § 9. 
 
 Mandamus to compel issuance of municipal 
 warrant to pay indebtedness. L.R.A. 
 1916D, 325. 
 
 § 3. For arrest. 
 
 Liability of judicial officer for issuing. 
 L.R.A.(N.S.) 164. 
 
 44 
 
 WARRANTS OF ATTORNEY. 
 
 Power of attorney, see Principal and 
 Agent, § 8. 
 
 WARRANTY. 
 
 On transfer of negotiable paper, see Bills 
 AND Notes, § 31. • 
 
 Covenant of, see Covenants, § 13. 
 
 Damages for breach of, see Damages, III. 
 b, 4. 
 
 In insurance policy, see Insitrance, V. h. 
 
 On sale of chattel, see §§ 32, 36a, 38, 53-58, 
 68. 
 
 On sale by mortgagee under a power in the 
 mortgage. 49 L.R.A.(N.S.) 514. 
 
 W^ASHOUT. 
 
 Liability of railroad company to employees 
 for injuries caused by defects in road- 
 bed caused or accompanied by a, rain- 
 fall. 49 L.R.A. (N.S.) 198. 
 
 WASH ROOMS. 
 
 Statute requiring mine owner or operator 
 to furnish wash rooms or similar con- 
 veniences for employees. L.R.A.1915B', 
 420. 
 
 Begin rvith this hook on every law question. 
 
INDEX TO NOTES. 
 
 605 
 
 WASTE. 
 
 § 1. Generally. 
 
 ■By tenant, see Landlord ai^d Tenant, § 56. 
 
 Right of citizen or taxpayer to enjoin waste 
 of state funds. L.R.A.1915D, 178. 
 
 Rights of action in case of damages to re- 
 mainder or reversion by stranger. 
 L.R.A.1916A, 792. 
 
 Cutting of timber as waste which may be 
 enjoined. 43 L.E.A.(N.S.) 262. 
 
 Liability for waste of oil or gas resulting 
 from acts done on neighboring prem- 
 ises. 48 L.R.A.(lSr.S.) ITO. 
 
 § 3. Of water. 
 
 Eight to complain of waste by prior ap- 
 propriator. L.R.A.1916B, 1014. 
 
 ■WASTE MATERIA!. 
 
 Burning waste material, as a nuisance. 48 
 ■L.R.A.(N.S.) 244. 
 
 W^ATCHMAN. 
 
 § 1. Generally. \ 
 
 Liability of railroad company for injury 
 to, by passing trains. 48 L.R.A.(N.S.) 
 150. 
 
 § 2. For insured property. 
 
 Stipulation for, in insurance policy, see In- 
 SXJKANCE, § 77. 
 
 § 3. Employer's liability for acts of. 
 
 Liability of master for arrest or false im- 
 prisonment by servant employed as 
 watchman. L.R.A.1916F, 1249. 
 
 W^ATER COMPANY. 
 
 See Watebs, III. 
 
 « ■ » 
 
 W^ATER COURSE. 
 
 See Waters, II. 
 
 W^ATER FRONT. 
 
 Wharves at, see Whabves. 
 
 W^ATER MAINS. 
 
 WATER PIPES. 
 
 In street, see Highways, § 23. 
 In general, see Waters, g 112. 
 
 WATER POWER. 
 
 Reservation of, see Deess, § 25. 
 Grant of, see Waters, § 99. 
 
 WATERS. 
 
 e. 
 
 See Water Pipes. 
 
 Consult also L.R.A. Digests to date. 
 
 I. Public rights; navigable ivaters, 
 §§ 1-23. 
 a. In general, §§ 1, 3. 
 
 c. Jurisdiction over, §§ 4—7. 
 
 d. State and Federal ownership 
 ' of waters, § 8. 
 
 e. Relative rights of public 
 
 and individuals, §§ 9— 
 S3. 
 
 1. In general, § 9. 
 
 3. In beds and shores, §§ 
 
 13-17. 
 
 4. Rights of navigation, 
 
 §§ 18-31. 
 II. Water rights and easements as 
 between individuals, §§ 34— 
 105. 
 
 a. In general, §§ 3i—39. 
 
 b. Riparian rights generally, 
 
 §§ 30-37. 
 Use of water generally, § 39. 
 Change of course of stream; 
 
 accretions; alluvion; erosion; 
 
 submergence ; islands ; flats, 
 
 §§ 4:0-45. 
 
 f. Embatilcment ; obstruction; 
 
 overflow, §§ 46—50. 
 
 g. Diversion; deflection; precipi- 
 
 tation from building, §§ 51— 
 
 54. 
 h. Pollutionj §§ 55—58. 
 i. Surface water, §§ 59—6~. 
 I. Percolating; subterranean; 
 
 springs; wells, §§ 73—80. 
 m. Lalces and ponds, §§ 81-85. 
 n. Appropriation, §§ 86—91. 
 
 2. Prior appropriation, §§ 
 
 89-91. 
 o. Irrigation, §§ 93—97. 
 p. Contract or grant, §§ 98—100. 
 q. Prescriptive rights, §g 101— 
 105. 
 III. Public water supply, §§ 106—124. 
 a. In general, §§. 106—108. 
 6. Operation and regulation of 
 waterworlcs, §§ 109—134. 
 
 Ab state boundary, see Boundaries, §§ 2, 
 2a. 
 
 Bridges over, see Bridges. 
 
 As to ferries, see Ferries. 
 
 Boundary of municipality on, see Munici- 
 pal Corporations, § 10. 
 
 As dangerous attraction to children, see 
 Negligence, §§ 23, 23a. 
 
601) 
 
 INDEX TO XOTES. 
 
 WATERS— co»fd. 
 
 Duty of agister to supply water. L.E.A. 
 1915E, 590. 
 
 J. PuMic rights ; -navigable waters, 
 a. In general. 
 
 § 1. Generally. 
 
 As to Canals, see Canals; 
 
 Control of navigable waters under provi- 
 sions as to commerce, see Commebce, 
 § 3. 
 
 Rights of fishing in, see Fisheries. 
 
 Liability for loss of life or property at ford. 
 46 L.R.A.(N.S.) 229. 
 
 c. Jurisdiction over. 
 
 Jurisdiction of, and law governing, action 
 for death on waters. LJEI.A.1916A, 
 1157. 
 
 d. State and Federal oivnership of 
 waters, 
 
 § 8. Generally. 
 
 Right of state to forbid taking water out of 
 the state. 43 L.K.A.(N.S.) 240. 
 
 e. Relative rights of public and indi- 
 viduals, 
 
 1, In general, 
 
 § 9. In general. 
 
 Rights as to fishing, see Fishekies. 
 
 3, In beds and shores. 
 
 § 13. Title to land, nnder water. 
 
 Ownership of beds of lakes and ponds, see 
 infra, § 84. 
 
 4. Rights of navigation, 
 
 § 17a. Generally. 
 
 Effect of admission of state into the Union 
 upon provision of ordinance of 1787 as 
 to. 52 L.R.A.(N.S.) 308. 
 
 § 21. Obstruction of navigation. 
 
 By bridge, see Bkidges, § 11. 
 
 Right of one who navigates stream or floats 
 logs therein to abate nuisance arising 
 from bridge. 51 L.R.A.(N.S.) 1172. 
 
 II. Water rights and easements as be- 
 tween individuals. 
 
 a. In general, 
 
 g 84. Generally. 
 
 Abandonment of vCater rights, see Abakdon- 
 
 MENT, § 4. 
 
 As boundary between individuals, see 
 Boundaeies, § 6. 
 
 Extent of recovery for injury to real prop- 
 erty by water, see Damages, §§ 10a, 
 
 77. 
 
 Begin with this booTc on every law question. 
 
 WATERS, II. a.— cont'd. 
 
 Measure of damages for injury to water 
 rights, see Damages, § 76. 
 
 As to drains and sewers, see Dbains and 
 Sewees. 
 
 Right as to ice, see Ice, § 2. 
 
 Municipal liability for injuries in connec- 
 tion with waters, see Mitnicipal Coe- 
 POBATIONS, V. g. 4. 
 
 Liability for injury by waters constituting 
 attractive nuisance, see Negligence, § 
 23a. 
 
 Duty to serve public as affecting liability of 
 
 public utility for temporary interfcr- 
 
 ference with water rights. L.E.A. 
 
 1915E, 294. 
 Creation of easement by severance of tract 
 
 on which natural watercourse e.vi&ts. 
 
 L.R.A.1915C, 351. 
 Existence of water right on land at time of 
 
 conveyance as breach of covenant. 51 
 
 L.E.A.(N.S.) 428. 
 Treatment of water rights in public service 
 
 property valuations. 48 L.R.A. (N.S.) 
 
 1079. 
 Estoppel to assert water rights by deceiving 
 
 one acquiring title. 48 L.R.A. (!N.S.) 
 
 762, 765.. 
 Change in e.xercising right to take water 
 from another's premises. 43 L.R.A. 
 (N.S.) 824. 
 
 Change in mode. 43 L.E.A. (N.S.) 825. 
 
 Change in character or place of use. 43 
 L.R.A.(N.S.) 827. 
 
 Quantity. 43 L.R.A. (N.S.) 829. 
 Right to waters of springs and streams on 
 
 railroad right ot way as between com- 
 pany and fee owner. 45 L.R.A. (N.S.) 
 
 804. 
 
 § 27. Rights acquired in artificial 
 condition of body of water. 
 
 As to canals, see Canals. 
 
 Creation of easements by severance of tract 
 on which artificial condition exists. 
 L.R.A.1915C, 351. 
 
 b. Riparian rights generally, 
 
 § 30. Generally. 
 
 Rights as to dams, see Dams. 
 Riglits in ice, see Ice, § 2. 
 
 d. Use of water generally, 
 
 § 39. Generally. 
 
 Right to make use on nonriparian lands 
 of water rights incident to riparian 
 lands. 49 L.R.A. (N.S.) 57. 
 
 e. Change of course of stream; accre- 
 tions; alluvion; erosion; submer- 
 gence; islands; flats. 
 
 § 40. Change of course of stream gen- 
 erally. 
 
 Liability of municipality for damages by 
 changing the channel or course of a 
 stream. 47 L.R.A. (N.S.) 440. 
 
INDEX TO NOTES. 
 
 607 
 
 WATERS, II. e— cont'd. 
 
 Right of riparian owner to restore stream 
 which has changed its course by natural 
 causes, to old channel. L.R.A.191GF, 
 407. 
 
 /. Einbarikment ; o'bstruction; overflow. 
 
 § 46. Generally. 
 
 Of surface water, see infra, § 63. 
 
 Measure of damages for, see Damages, §§ 
 
 10a, 77. 
 As to dams generally, see Dams. 
 Obstruction as nuisance, see Ndisances, § 
 
 2. 
 By railroads, see Railboads, § 42. 
 
 § 47. liiability for. 
 
 Surface water, see infra, § 63. 
 
 Casting water upon opposite bank by rais- 
 ing bank of a stream, as a taking or 
 damaging of property within constitu- 
 tional provisions. 48 L.R.A. (N.S.) 994. 
 
 Right of riparian owner to remove tem- 
 porary obstruction in stream to the 
 damage of other riparian property. 49 
 L.R.A.(X.S.) 711. 
 
 Liability for causing discharge of perco- 
 lating or underground water into an- 
 other's premises. L.R.A.1915D, 1080. 
 
 g. Diversion; deflection; precipitation 
 from building. 
 
 § 51. Diversion. 
 
 By railroad, see Railroads, § 42. 
 
 Liability for overflow from artificial channel 
 by i\hich a stream is diverted from its 
 natural channel. L.R.A.1916F, 1291. 
 
 Duty as to protection of banks of changed 
 watercourse. L.R.A.1916F, 1302. 
 
 § 54. Precipitation from building. 
 
 Right to discharge from roof upon premises 
 of adjoining owner. L.R.A.1916A, 693. 
 
 h. Pollution. 
 
 § 55. Generally. 
 
 Prescriptive rights as to, see infra, § 103. 
 Municipal liability for, see Municipal 
 Corpoeatioxs, § 89. 
 
 Discliarging matter into stream causing 
 pollution of ice. L.R.A.1915E, 1210. 
 
 § 57. As nuisance. 
 
 Right of municipality to create nuisance at 
 point where its sewers discharge. 47 
 L.R.A.(N.S.) 137. 
 
 § 58. For mining purposes or by min- 
 ing operations. 
 
 Pollution of stream by mining operations. 
 L.R.A.191oD, 911. 
 
 1. Surface water. 
 
 § 59. Generally. 
 
 Measure of damages for injury by, see 
 Damages, §§ 10a, 77. 
 Consult also L.B.A. Digests to date. 
 
 WATERS, II. i— cont'd. 
 Municipal liability as to surface waters, 
 see Municipal Corpoeations, § 91. 
 
 § 63. Obstruction of. 
 
 Measure of damages for, see Damages, § 77. 
 
 Obstruction of surface water in city. 43 
 L.R.A.(N.S.) 792. 
 
 § 65. Acceleration of flow. 
 
 Right to hasten flow of surface water along 
 natural drainways. L.R.A.19i6F, 
 427. 
 Ponds and marshes. L.R.A.1916F, 429. 
 
 I. Percolating; subterranean; springs; 
 wells. 
 
 § 72. Generally. 
 
 Liability for damages to neighboring gas or 
 oil well by percolation of water. 48 
 L.R.A.(N.S.) 168. 
 
 Liability for causing discharge of perco- 
 lating or underground water into an- 
 other's premises. L.R.A.1915D, 1080. 
 
 § 73. itights in subterranean uraters. 
 
 Correlative rights in percolating water. 
 L.R.A.19I0A, 369. 
 
 § 79. AVells. 
 
 Mechanic's lien for sinking well. 43 L.R.A. 
 (N.S.) 559. 
 
 Right to pump up water where the result is 
 to carry away another's mineral in so- 
 lution. 5 B. R. C. 254. 
 
 m. Lakes and ponds. 
 
 § 81. Generally. 
 
 Doctrine of attractive nuisance as applied 
 to ponds. 47 L.R.A. (N.S.) 1101. 
 
 Right to hasten flow water from ponds. 
 L.R.A.1916F, 429. 
 
 § 84. Ownersbip of beds of. 
 
 Great Lakes. L.R.A.1916C,- 150. 
 Small lakes and ponds. L.R.A.1916C, 151. 
 Law governing ownership. L.R.A. 
 
 1916C, 151. 
 Rules in different states. L.R.A.1916C, 
 151. 
 Ownership in riparian proprietor 
 
 L.R.A.1916C, 151. 
 Ownership in state. L.R.A.1916C, 
 
 153. 
 Ownership dependent upon naviga- 
 bility. L.R.A.1916C, 155. 
 New York cases. L.R.A.1916C, 
 156. 
 Navigability. L.R.A.1916C, 157. 
 Methods of dividing beds of lakes. 
 L.R.A.1916C, 159. 
 Artificial ponds. L.R.A.1916C. 160. 
 Ownership prior to changed conditions. 
 L.R.A.1916C, 160. 
 
608 
 
 INDEX TO NOTES. 
 
 WATERS, U.— cont'd. 
 
 n. Appropriation. 
 S. Prior appropriation, 
 
 g 89. Generally. 
 
 Right to complain of waste by prior ap- 
 propriator. L.R.A.1916B, 1014. 
 
 o. Irrigation. 
 
 § 92. Generally. 
 
 Incorporation of territory into municipality 
 as affecting prior right to maintain irri- 
 gation ditch in highway. 47 L.R.A. 
 (N.S.) 610. 
 
 § 94. Contract to furnish ivater for. 
 
 Construction of irrigation contracts with 
 consumers. L.RA.1916F, 257. 
 General rules of construction. L.R.A. 
 
 1916F, 2.58. 
 Provisions relating to time, in general. 
 
 L.R.A.1916F, 259. 
 Obligation generally to supply or re- 
 ceive water. L.R.A.1916F, 260. 
 Construction of particular pro- 
 visions. L.R.A.1916F, 260. 
 Provisions giving company dis- 
 cretion in regard to sup- 
 plv of water. L.R.A. 
 191iiF, 261. 
 Excuses for failure to supply water. 
 L.R.A.1916F, 262. 
 Drought; act of God. L.R.A. 
 1916F, 263. 
 Conditions precedent to supplying 
 water. L.R.A.1916F, 264. 
 Amount of water, and land subject to 
 irrigation; limitation of sale of 
 water rights. L.R.A, 1916F, 263. 
 Water rental, maintenance, and other 
 
 charges. L.B.A.1916F, 269. 
 Place and method of diversion or de- 
 livery; prorating, rotation, and 
 other rules governing distribution. 
 L.R..A.1916F, 270. 
 Miscellaneous. L.R.A.1916F, 274. 
 
 Eight of stoclcholder in mutual irrigation 
 company to maintain action against the 
 company for negligent failure to fur- 
 nish water. L.R.A.1915D, 292. 
 
 § 97. Bates. 
 
 State regulation of rates of irrigation com- 
 pany. L.E.A.1915D, 1205. 
 
 Construction of provisions as to water 
 rentals and other charges in irrigation 
 contract. L.K.A.1916F, 269. 
 
 p. Contract or grant, 
 
 4 
 
 § 98. Generally. 
 
 Contract to furnish water for irrigation, 
 
 see supra, § 94. 
 Contract for public supply, see infra, § 111. 
 Reservations and exceptions in deeds as to 
 
 water rights, see Deeds, § 25. 
 
 Segin with this 'boolc on every Xa'w question. 
 
 WATERS, II. ^.—cont'd. 
 Change in exercising .right to take watei 
 from another's premises. 43 L.R.A 
 
 (N.S.) 824. 
 
 g 99. Grant of water pourer. 
 
 Grant of water power without a definitf 
 grant of necessary ground to utilize it, 
 L.R.A.1916A, 508. 
 
 q. Prescriptive rights, 
 
 g 103. Pollution. 
 
 Right of municipality to create nuisance by 
 pollution at point where its sewers dis- 
 charge. 47 L.R.A.(N.S.) 137. 
 
 III. Public water supply, 
 a. In general. 
 
 § 106. Generally. 
 
 For irrigation, see supra, §§ 92, 94, 97. 
 
 Damages for taking of water plant in con- 
 demnation proceedings, see Damages, 
 § 82. 
 
 Ownership of plant by city, see Muwicipal 
 
 CORPOKATIONS, § 70. 
 
 Valuation of property of water company, 
 see Public Sebvice Coeporatioks, § 5. 
 
 Estimating return of water company, see 
 Public Sebvice Corpoeations, § 6. 
 
 Taxation of waterworks plant, see Taxes, 
 § 32. 
 
 Right of w^ater company to challenge powers 
 or privileges of rival. L.R.A.1916B, 
 1087. 
 
 Duty to serve public as affecting liability 
 of public utility for temporary inter- 
 ference with water rights. L.R.A. 
 1915E, 294. 
 
 g 108. Esclnsive privilege. 
 
 Right of municipality to establish water 
 plant in competition with company 
 to which it has granted a francliise. 
 L.R.A.1915C, 439. 
 In general. L.R.A.1915C, 429. 
 Question whether municipality exhausts 
 its power by the grant. L.lt.A, 
 1915C, 439. 
 Question as to municipality's breach of 
 contract. L.R.A.1915C, 444. 
 Where franchise is not exclusive. 
 
 L.R.A.1915C, 445. ■ 
 Where franchise is exclusive. 
 L.R.A.1915C, 447. 
 
 6. Operation and regulation of water- 
 worlcs. 
 
 § 109. Generally. 
 
 Municipal waterworks plant, see Municipal 
 
 CORPOKATIONS, § 70. 
 
 Municipal liability in connection with wa- 
 terworks plant, see Municipal Cokpo- 
 EATioNS, §§ 93, 94. 
 
 Eight of consumer to sue water comjjany, 
 see Parties, § 23. 
 
INBEX TO NOTES. 
 
 609 
 
 WATERS, III. iy— cont'd. .. 
 Eight of water company to require customer 
 to keep service pipe in repair. 43 
 ■• L.E.A..(NlS.) 144.::. 
 
 § 111. Contracts. 
 
 What are city or public purposes within 
 contract requiring water company to 
 furniah. water for such purposes, 43 
 Ii.R.A.<N.S.) 438. 
 
 § 118. 'Water mains. 
 
 Waterpipes in street, see HiGHW,i.Tcs, ,§ 23. 
 
 Right to compel consumer to jiay for con- 
 jiection with water ma,in8, L.R.A. 
 '"'' 1915A, 246.' ' 1.1- f. 
 
 g 114. Duty to furnish. 
 
 Duty to furnish at prbper rates, see infra, 
 §122., 
 
 Right of stockholder in mutual irrigation 
 
 ■ 1 company to maintain action against 
 the company for negligent failure to 
 furnish water. L.R.A;1915D, 292. , 
 
 What are city or public purposes within 
 contract requiring water company to 
 furnish water for such purposes. 43 
 L.R.A.(N.S.) 439. 
 
 Duty of water company or municipality 
 supplying water, to "extend the service 
 to all applicants willing to comply with 
 its Tegulationsj 47 L.R.A.(N.Si) 655. 
 
 § 116. Enforcing payment for. 
 
 Right of water company to impose penalty 
 for failure to pay service bills prompt- 
 ly. 43 L.R.A.(N.S.): 63. 
 
 Lack of, or invalidity of franchise as defense 
 i : to action for water rents. 52 L.R.A. 
 (N.S.) 713. 
 
 § 118. Liability of irater company. 
 
 Municipal liability for damages in connec- 
 tion with plant, see. Municipal Cob- 
 POKATioiirs, §§ 93, 94. 
 
 § 119. —for loss by fire. 
 
 Municipal liability, see Municipal Cokpo- 
 
 EATIONS, § 94. 
 
 ..? ■ ■ 
 
 Duty of municipality or water company 
 under its contract with consumer to 
 supply water for extinguishing fires. 
 52, L.R.A.(N.S,) 402. 
 
 § 120. Bates. 
 
 For irrigation, see supra, § 97. ' i 
 
 Incorporation of territory into municipality 
 as aflfecting exisjting contract as to rates 
 in that territory. L.R.A.191GA, 1071. 
 
 § 121. — regulation and fixing of. 
 
 .'S?fl,lUiatioii, of property for purpose ; of fix- 
 ing rates,- generally, see PupLic Seev- 
 
 ICB COBPORATIONS, § 5,,i , 
 
 Estimating return , of < company, for rate- 
 making purposes, age Public, SERVICE; 
 
 _(iy ,., COBPORATIONS, § 6. „ , 'i , , 
 
 Power of municipality, apart from contract, 
 ■■^'-'j'to regelate rates to'be'charged by water 
 
 WATERS, III. b—confd. jj 
 
 Effect of contract with patron to preclude 
 regulation of rates. L,R.A.19a5.G, 282, 
 
 Right to. raise , rates of public service corpo- 
 ration fixed by franchise. L.R.A1915C, 
 287. 
 
 Right to reduce rates fixed by franchise or 
 . charter.-, L.R.A.1915C, 261. 
 
 § 122. — duty to furnish water at 
 proper rates. 
 
 Consuiner's right; to compel water company 
 
 to respect rates stipulated in contract 
 
 ' -with muniQipality. L.R.A.i915D, 917. 
 
 Power of mimicipality operating plant to 
 make a special rate to a particular com- 
 pany or person. L.R.A.J916D, 996. 
 
 Right of water or light company to dis- 
 criminate between consumers as to 
 rates.! L.R.A.19a5D, 1086. 
 
 § ,124. Meters. 
 
 Right of municipal corporation to- require 
 use of wa,ter meters and to impose ex- 
 pense of same on consumers. L.R.A. 
 1915A, 320. 
 
 WATERSPOUT. 
 
 Injury by, to employee'on top of train. 
 L.R.A.(N.S.) 498. 
 
 47 
 
 WATERWAYS. 
 
 In general, see Waters. 
 
 Doctrii^e of attractive nuisance as applied 
 ; to waterways. 47 L.R.A. (I^.S.J 1101. 
 
 WATERWORKS. 
 
 Taxation "of," see Taxes, § 32. 
 
 As to public water supply, see Waters, IIL 
 
 * « » 
 
 WAUKESHA CREAM ALE. 
 
 Judicial notice of' intoxicating character of. 
 48 L.R.A.(N.S.) 316. 
 
 •WAY. 
 
 Way of necessity, see Easements. § 14. 
 
 Railway, see Railroads. 
 
 Street railway, see S-tbeet Railroads. 
 
 WAY OF NECESSITY. 
 
 company. 43 L.R.A; (N.S.) 994 
 Consult also L.R.A. Digests to date. 
 
 43— '16F. 39 
 
 See Easements, § 14. 
 
610 
 
 INDEX TO NOTES. 
 
 WEAPONS. 
 
 g 1, Generally. 
 
 Carrying of, see Cakrting Weapons. 
 Firearms, see Firearms. 
 
 Admissibility of opinion evidence as to kind 
 or nature of weapon with which wound 
 or other external injury was inflicted. 
 L.E.A.1915B, 1143. 
 
 § 2, Homicide or assault -nrliile using. 
 
 Homicide in commission of misdemeanor 
 with dangerous weapon. 45 L.R,A. 
 (N.S.) 219. 
 
 AVEBB-KENYON ACT. 
 
 Constitutionality, construction ajid effect of. 
 L.r:.A.1916C, 299. 
 
 Effect of, on previously enacted state stat- 
 utes. 48 L.R.A.(N.S.) 350. 
 
 Effect of, upon duty of carrier to accept 
 liquor for transportation to points 
 where its sale is prohibited or restrict- 
 ed. 45L.R.A.(N.S.) 120. 
 
 WEEDS. 
 
 Removal of, from highways, -see Highways, 
 § 56. 
 
 Validity and construction of statute in re- 
 lation to. 43 L.R.A.(N.S.) 1090. 
 
 Warranty of freedom from noxious weed 
 seeds on sale of seeds. L.R.A.1916CJ 
 1013. 
 
 W^EIGHTS AND MEASURES. 
 
 Constitutionality of statutes as to weights, 
 see Constitutional Law, § 146. 
 
 Power to prescribe the manner or method 
 of determining quantity or amount of 
 commodity. L.R.A.1916E, 379. 
 
 Validity of regulation as to weight of bread. 
 44 L.R.A.{N.S.) 632. 
 
 Validity of statute or ordinance for the 
 settlement of weights as between buyer 
 and seller by public weigher. 51 
 L.R.A.{N.S.) 731. 
 
 Well. 
 
 Oil and gas wells, see Mines, §§ 33-38. 
 In general, see Waters, § 79. 
 
 Mechanics' 
 (N.S.) 
 
 lien 
 559. 
 
 for sinking. 43 L.R.A. 
 
 W^HARVES. 
 
 § 1. Generally. 
 
 Docks and wharves on railroad right of \\ 
 
 as separate subjects of taxation. L.R 
 
 1916E, 416. 
 Wharf or dock as fixture. L.E.A.191f 
 
 964. 
 What constitutes a wharf within meani 
 
 of workmen's compensation act. L.R 
 
 1916A, 203. 
 Permissive user which will constitute 
 
 dedication of a wharf or a land! 
 
 place. 48 L.R.A. (N.S.) 469. 
 
 § 7. Liability for safety of wbarf 
 dock. 
 
 Liability of lessor for personal injuries tc 
 customer or patron. L.R.A.191GF, 11; 
 
 § 9. Discrimination as to privileg 
 at. 
 
 Right of railroad to discriminate as 
 wharf privileges. 43 L.R.A. (N.S.) 91 
 
 Right to discriminate between hackmen a 
 other solicitors of patronage at depo 
 wharves, etc. L.R.A.1915B, 358. 
 
 WHISKY. 
 
 Judicial notice of intoxicating character 
 48 L.R.A.(N.S.) 303. 
 
 WHISTLE. 
 
 At railroad crossing, see Railroads, V! 
 a, 5, b. 
 
 < « » 
 
 W^HITE SLAVERY, 
 
 See Prostitution, § 2. 
 
 W^HOLESALE. 
 
 Legality of combination by dealers not 
 patronize wholesalers who sell to i 
 desirable persons. L.R.A.1915A, 7S9. 
 
 What amounts to retail sale of intoxicati 
 liquors as distinguished from who 
 sale. L.R.A. 1915B, 389. 
 
 Begin with this hooli on every law question. 
 
 W^IDOW^. 
 
 Inheritance by, see Descent and Dist 
 
 BUTION, § 7. 
 Dower of, see Dower. 
 Allowance of, see Executors and Adm: 
 
 ISTRATOES, § 55. 
 Rights of, as to homestead, see HoMESTE. 
 
 § 18. 
 Action by, for death of husband, see Hi 
 
 BAND and Wife, § 65. 
 
INDEX TO NOTES. 
 
 611 
 
 WIDOW— oontU 
 
 Eights of, in insurance on husband's life, 
 
 see iNStTBANCE, §§ 190, 191. 
 Election by, to take under or against will, 
 
 see Wills, §§ 112, 113. 
 
 Assessment of land of decedent's estate to 
 
 widow. 50 L.R.A.(N.S.) 411. 
 Seduction of. L.R.A.1916D, 458. 
 
 W^IBOWER. 
 
 Eight of curtesy, see Curtesy. 
 Inheritance by, see Descent and Distri- 
 bution, § 7. 
 
 ■WIDOW'S ALLOWANCE. 
 
 See Executors and Administrators, § 55. 
 
 — ■ • »» 
 
 ■WIFE, 
 
 See Husband and Wife. 
 
 WILD ANIMALS. 
 
 See Animals, § 11. 
 
 • 4 « » 
 
 WILD CAR. 
 
 Liability of railroad company for injury to 
 trespasser or licensee by car running 
 wild. L.E.A.1915A, 143. 
 
 ■WILFULNESS. 
 
 Wilful injury by railroad company operat- 
 ing trains or cars longitudinally along 
 public street. 49 L.E.A.(N.S.) 68S. 
 
 WILLS. 
 
 I. In general, § 1. 
 II. Agreement for; prevention of, §§ 
 3, 3. 
 III. The instrument; -form; execution; 
 requisites; validity, §§ 4r- 
 58. 
 6. Various forms of wills, §§ 5, 
 
 6. 
 c. Testamentary character, § 7. 
 e. Testamentary capacity, §§ 9— 
 
 15. 
 g. Execution; publication; attes- 
 tation, §§ 18-32. 
 i. Revocation, §§ 34—4:2. 
 I. Probate, §§ 47—56. 
 
 1. In general, §§ 47—55. 
 Consult also L.R.A. Digests to date. 
 
 WILLS, Ill.—nont'd. 
 
 m. Contests, #57. 
 
 n. Codicils, § 58. 
 IV. Holographic; nuncupative, § 59. 
 V. Devise and legacy, §§ 60—129. 
 
 a. Consti"Uctlon, validity, and ef- 
 
 fect generally, §§ 60, 61. 
 
 b. Implication; repugnancy, §§ 
 
 62, 63. 
 
 c. Intention of testator, §§ 64, 
 
 65. 
 
 d. Description of property de- 
 
 vised or bequeathed, §§ 66, 
 67. 
 
 e. After-born children not men- 
 
 tioned; disinheriting, § 68. 
 
 f. Description of beneficiaries; 
 
 who tnay take, §§ 69, 70. 
 
 g. Capacity of legatee or devisee; 
 
 restrictions on charitable 
 gifts, §§ 71-73. 
 ft. What property passes, §§ 74, 
 
 75. 
 j. Nature of estate or interest 
 created, §§ 77-102. 
 1. In general, § 77. 
 5. Restrictions and condi- 
 tions, §§ 83—90. 
 
 7. Limitations; limitations 
 
 over ; executory devises, 
 §§ 92-94. 
 
 8. Income or support, § 95. 
 
 9. Interest of several, §§ 96— 
 
 98. 
 
 10. Vested or contingent in- 
 terest, §§ 99-102. 
 
 fe. Rights and preferences of leg- 
 
 I atees; enforcetnent ; payment ; 
 garnishment, §§ 103—109. 
 
 I. Acceptance; election; renunci- 
 ation, §§ 110—115. 
 
 m. Equitable conversion, §§ 
 116-118. 
 
 n. Charge on donee or land de- 
 vised, § 119. 
 
 o. Lapsing; ademption; advance- 
 ments; abatement; revoca- 
 tioti, §§ 120-126. 
 
 p. General or specific, §§ 127, 
 128. 
 
 q. Who will talce void legacy, $ 
 129. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Conflict of laws as to, see Ccntflict of 
 
 Laws, § 35. 
 Presumption and burden of proof as to, see 
 
 Evidence, §§ 102, 103. 
 Admissibility of acts and declarations of 
 
 testator, see Eviden(;e, § 230. 
 Identity of property given by, see Identiti 
 
 AND Identification, § 10. 
 Lost wills, see Lost Instruments, § 3. 
 Execution of power by, see Powers, § 4. 
 
 Eevocation of letters of administration up- 
 on discovery of will. 49 L.E.A. (N.S.) 
 894. 
 
 Testamentary libels. 49 L.R.A. (N.S.) 897. 
 
612 
 
 INDEX TO notes; 
 
 WILLS, I.—oont'd. , , , T , 
 
 Effect of invalid attempt tp appoint testa- 
 mentary guardian. 45 L.R.A. (N.S.) 
 4.46. ' ■sr-.v^y^ 
 
 II. Agreement for; prevention of. 
 
 § 2. Generally. 
 
 Specific perf Qrmanee of agreement for, see 
 Specific Pbefobmance, § 9. 
 
 Revocation of consent given by one spouse 
 to will of the other in the latter's life- 
 time. L.R.A.1915E, 815. > 
 
 III. The instrument; form,; execution; 
 requisites,' validity. 
 
 6. Various forms of will. 
 
 § ' 5. Generally. ' 
 
 Noncupative or holographic, see infra, § 59. 
 
 c. Testam,entary character. 
 
 § 7. Genera;lly. 
 
 Effect of declaring one to >bei an heir or next 
 ■ of kin. t45 L.R.A;(N.S.)'. 48.. 
 
 e. Testam^entary capacity. 
 
 § 9. Generally. ■ 
 
 As- to,;, incompetency generally, see Incompe- 
 ,■ TENT Persons,, 
 
 Revocation of will by one executed when 
 testator is ineonip^tent. ' l!j.R.A.1916C, 
 92. . ' 
 
 Signature made by 'ha;nd of unconscious 
 ■p'tirson. L.R.A.1915B-, 678. 
 
 Admissibility of finding of coroner as to 
 ' cause of death to show mental' condi- 
 tion of testator. 46 L.R.A. (N.S.) 408. 
 
 ■% 10. What constitutes capacity or 
 incapacity. 
 
 General rules for^ determining capacity. 
 
 •' l.r;a:1915A, 444. 
 
 Ability of testator to understand the 
 business' in which lie is en- 
 gaged. L.R.A.1915A, 444. 
 General statements'' of the rule. 
 
 L.R.A.1915A, 444. ' '■ 
 Effect of complexity "-of the will. 
 L.R.A.1915A, 445. 
 Ability tq , compf ejjend. property, to 
 known objects of bounty and na- 
 ture of testamentary act. L.R.A. 
 a915A,,446,, ,, 
 Ability to understand ordinary affairs. 
 L.R.A,19154, 448. „ ,,,,,,,_ , - 
 
 How far necessary facts must ^^ r^" 
 tained in tesiiator's mind. L.R.A. 
 l9'15A, 449. , ' ■, , , ' ' 
 
 Ability to understand legal form and 
 effect of provisions'. L.R.A.1915A, 
 
 449. " '■■ 
 
 Distinction between knowledge and ca- 
 
 ' pacity to' know. L.R.A.1915A, 449. 
 Specific tests of capacity. L.R.A.1915A, 
 
 450. ,, 
 
 Old age. L.R.A.1915A, 450. 
 Physical infirinities. L.R.A.1915A, 450. 
 Pain. L.R;A.1915A, 451. 
 
 Begin with this liooJc on every law quiestion. 
 
 WILLS, IIL e— cont'd. 
 
 'Miscellaneous ','■ diseases. L.R.A, 
 
 1915A, 451. 
 
 Stupor'.' L.R.A.1915A, 452, 
 
 Wills executed in extremis. L.R.A, 
 
 ; , . - 1915A, 452.1 , ., '.., jii-.,P^-,.,-./ 
 
 Weakness lOr failure ofimind.i L.R.A 
 
 1915A, 453. :; ,.' :u, ,,(.i ,■„.;;, ,^ 
 
 Strength of mind required. L.R.A, 
 
 1-9-15A, 454. 
 
 Weakness of memory. L.R.A.1915A, 
 
 456. ..o.av/v <;';■#.-• 
 
 Ability to transact business generally. 
 
 L.R.A.19J15A, 456. - ;, - 
 
 Ability to contract. L.R.A.1915Aj ,457. 
 
 Eccentricities, singulaEities, hobbies. 
 
 L.R.A.1915A, 458. 
 Passions -aard-— prejudlees ; excitement. 
 
 L.R.A.1915A, 458. 
 Insafie delu^iona.T L.H.A.1915A, j45S. 
 What constitutes, in general. 
 -.:•'-. L.EA.1915A, 458. ...,.■; ,. '• 
 Delusions affecting testamentary 
 
 ca^eity. L.R.A.1916A, 461. 
 Delusions not affecting testamen- 
 tary capacity. L.R.A.1915A, 
 461. 
 Senile dementia. . iKR.A. 1915A, 462. 
 Religious mania. L.R.A.IS'ISA, 462. 
 Discrimination- as toobiects of bounty. 
 
 L.R.A.1915A, 462. 
 Miscellaneous tests. Ii.R.A.1915A, 463. 
 Temporary weakness or aberration. L.R.A. 
 1915A, 463. i . : ' ', - ' .^ 
 
 Miscellaneous cases. L.R.A.i915A, 463. 
 As to ineompeteJiffjS'- L.R^A.1915A, 46S. 
 Failure of evidence as to incompetency 
 or evidence or comijetency. L.R.A. 
 1915A, 464. 
 
 § 14. Evidence as to. 
 
 Opinion evidence, as. to, ^ee ,' EvJDENbE, g§ 
 
 189-191. "' ''- ' ■ 
 
 Relevancy of evidence as to, see Evidisncb, § 
 
 254. ■ 
 
 fir. Execution'; publication; attestation. 
 
 § 18. Generally. : i i .' 
 
 Effect of execution by imistake of will in- 
 tended for another person. 3 B.i R. C. 
 
 341. 
 Soldiers' and -seamen'ss wills. 4 B. E. C. 
 
 899. 
 Who entitled to benesfit of privilege. 4 
 
 B. R. C. 901. 
 Conditions under which sucji. wills may 
 ..- .. .,'. be made, , 4 Bi.R. ,C.-,.9..03. .j. 
 
 "Actual military service." ',4 B. R. 
 C. 80,3.-1ii^.i,. - . .,vv .\ll 
 
 "At sea." 4 B. R. 0.906. 
 
 Necessity of testator's being in ex- 
 -Ur.vtfemis. 4 B. R. C.'908. 
 How long operative. 4 B. R. C. 909. 
 Sufficiency of expression' Of testamen- 
 tary intent. 4 B. R. G. 1909; 
 Foreign statutes relating to soldiers' or 
 
 sailors' 'wills. ' 4'B.' R. C. 910. 
 Dating will. L.R.A.1916E, 499. 
 
 Wills in general. L.R.A.1916E, 500. 
 Under statute reouiring date in "open" 
 
 wills. L.R.A.1916E, CtOS. 
 
INDEX TO NOTES. 
 
 613 
 
 WILLS, III. g— cont'd. 
 
 Under statutes as to holographic wills. 
 
 L.II.A.1916E, 503. 
 Miscellaneous. L.B,.A.1916E, 503. 
 
 § 20. Signature of testator. 
 
 Kflect of execution by mistake of will in- 
 tended for another person. 3 B. R. C. 
 341. . ^ 
 
 What amounts to signature by testator. 
 
 L.R.A.1915D, 002. 
 In general. L.E.A.1915D, 903. 
 
 Omission of letter. L.I!;A.1915D, 904. 
 Initials. L.II.A.1915D, 904. 
 lirst name. L.E.A.1915D, 904. 
 Assumed name. L.R.A.1915D, 904. 
 Use of name of first husband by mar- 
 ried woman. L.R.A.1915D, 90.i. 
 Use of two names. L.R.A.1915D, 905. 
 Use of mark to name other than true 
 
 one. L.R.A.1915D, 905. 
 Stamp. L.R.A.191.5D, 906. 
 Sealing as sighing. L.R.A.1915I>, 906. 
 Hand guided by another. L.R,A.1915D, 906. 
 Signature made by hand of unconscious 
 
 person. L.R.A.1915B, 678: 
 Xecessity that witnesses see testator sign, 
 or that they see his signature. L.R.A. 
 ,.1915B, 87. 
 Signature of witness to will before testator 
 
 signs it. L.R.A.1916D, 1063. 
 Interlineations or changes by testator after 
 signing. 51 L.R.A.(N.S.) 169. 
 Introductory. 51 L.R.A.(N.S.) 169. 
 Changes during execution or upon the 
 same occasion^ 51 L.R.A. (N.S.) 
 170. 
 Changes after execution attempted to 
 be published. 51 L.R.A. (N.S.) 171. 
 Changes after execution not published. 
 51 L.R.A. (N.S.) 173. 
 As revocation of the whole • will. 
 51 L.R.A.(N.S.) 175. 
 Cancelation of signatures. 51 
 
 L.R.A.(N.S.) l76. 
 Words of cancelation. 51 
 L.R.A.(N.S.) 178. 
 Substitution of sheets. 51 L.R.A. 
 (N.S.) 179. 
 Miscellaneous. 51 L.R.A.jN.S.) 179. 
 
 § 22. —by mark. 
 
 Use of mark to name other than true name. 
 L.E,.A.1915D, 905. 
 
 Proof of signature by mark where attest- 
 ing witnesses have forgotten circum- 
 stances attending its execution. 51 
 L.R.A.(N.S.) 955. 
 
 Effect of adverse testimony of attesting 
 witnesses as to execution of will signed 
 by mark, L.R.A.1916C, 1240. 
 
 § 23. — place of. 
 
 Writing name in body of will as a signa- 
 ture thereto. 46 L.R.A.(N.S.) 552. 
 
 § 24. —proof of. 
 
 Proof of will where attesting witnesses have 
 forgotten circumstances attending 
 its execution. 51 L.R.A.(N.S.) 
 , 927. 
 General rule. 51 L.R.A. (N.S.) 928. 
 Consult also L.R.A. Digests to date. 
 
 WILLS, III. g~con,fd. 
 
 Rule under Illinois statute. 51 L.R.A. 
 
 (N.S.) 932. 
 Some witnesses dead or absent. 51 
 
 L.R.A.(N.S.) 934. 
 Lapse of time. 51 L.R.A. (N.S.) 936. 
 Where there is an attestation clause. 
 51 L.R.A.(N.S.) 939. 
 
 Where clause is not read. 51 
 L.E.A.(N.S.) 945. 
 Absence of attestation clause. 51 
 
 ' L.R.A.(N.S.) 946. 
 Holographic wills. 51 L.E.A.(N.S.) 
 
 949. 
 Experience of testator. 51 L.R.A. 
 
 (N.S.) 951. 
 Presence of attorney or experienced 
 
 scrivener as a subscribing witness 
 
 or otherwise. 51 L.R.A.(N.S.) 
 
 952. 
 Habit of witness. 51 L.R.A. (N.S.) 954. 
 Signattire by mark. 51 L.R.A. (N.S.) 
 
 955. 
 Miscellaneous. 51 L.R.A4N.S.) 957. 
 Effect of adverse testimony of attesting wit- 
 nesses as to execution of will. 
 
 L.R.A.1916C, 1218. 
 General rule. L.R.A.1916C, 1219. 
 Some witnesses dead or absent. L.R.A. 
 
 1916G, 1222. 
 Lapse of time. L.R.A.1916C, 1224. 
 Where there is an attestation clause. 
 L.R.A.1916C,a225. . 
 
 Where clause is not read. L.R.A. 
 ■ ■ ■"■ 19160, 1231. - 
 Absence of attestation clause or of full 
 ' attestation clause. L.R.A.1916G, 
 
 1233. 
 Holographic wills. L.R.A.1916C, 1234. 
 Experience of testator. L.R.A.1916C, 
 
 1237. 
 Presence of attorney or experienced 
 
 scrivener as a subscribing witness 
 
 or otherwise. L.R.A.1916C, 1238. 
 Signature by mark. L.R.A.1916C, 1240. 
 Miscellaneous. L.R.A.1916C, 1243. 
 Loss of eyesight of attesting witness pre- 
 venting his identification of instrument 
 or signature. L.R.A.1915E, 593. 
 
 § 26. Attestation; attesting wit- 
 nesses. 
 
 Proof of testator's signature by attesting 
 witnesses, see supra, § 24. 
 
 § 28. — competency of 'witness gen- 
 . erally. 
 
 Effect of invalidity of bequest, occasioned 
 by interest of attesting witness, upon 
 rights of persons jointly or subsequently 
 entitled thereto. 4 B. E. C. 710. 
 
 Competency, as an attesting witness, of of- 
 ficer or stoclcholder of a corporation 
 named as executor or trustee. L.R.A. 
 1916D, 185. 
 
 Minor witnesses to will. L.R.A.1916E, 695. 
 
 § 30. — signature of witnesses. 
 
 When will deemed attested by the witnesses 
 in the presence of t(he testator. 
 L.R.A.1916C, 950. 
 
614 
 
 INDEX TO NOTES. 
 
 WILLS, III. g— cont'd. 
 
 Requirement as to consciousness. 
 
 L.R.A.1916C, 951. 
 Eule that attestation must be within 
 sight of testator. L.R.A.1916C, 
 951. 
 Wliether in same or different room. 
 L.R.A.1910C, 952. 
 Presumptions. L.R.A.1916G, 
 957. 
 Rule that attestation is not required to 
 be within testator's sight. L.R.A. 
 1916C, 959. 
 What must be within testator's sight. 
 
 L.R.A.19:6C, 959. 
 Extent of movement required of tes- 
 tator. L.R.A.1916C, 960. 
 Effect of physical inability to move. 
 
 L.E.A.1916C, 961. 
 Attestation of will of blind testator. 
 
 L.R.A.1916C, 963. 
 Subsequent acknowledgment by wit- 
 nesses. L.R.A.1916C, 963. 
 Signature of witness to will before testator 
 signs it. L.R.A.1916D, 1063. 
 
 i. Revocation. 
 
 § 34. Generally. 
 
 Preaiuuption and burden of proof as to, see 
 Evidence, § 103. 
 
 § 36. Of busband or wife. 
 
 § 37. — by marriage and having chil- 
 dren. 
 
 Sufficiency of provision as to after-born child 
 to prevent revocation, see infra, § 68. 
 
 § 38. By subsequent urill. 
 
 Revocation as affected by invalidity of somi' 
 or all of the dispositive provisions of 
 the later will. L.R.A.1916C, 101. 
 Revocation of will by will defectively exe- 
 cuted or one executed when testator 
 is incompetent. L.R.A.1916C, 92. 
 Will defectively executed. L.R.A.1916C, 
 92. 
 General rules. L.R.A.1916C, 93. 
 Reasons for rule. L.R.A.1916C, 95. 
 Statutes. L.R.A.1916C, 95. 
 Doctrine of dependent relative 
 revocation. L.R.A.19160, 
 97. 
 Will executed when testator is incompe- 
 tent. L.R.A.1916C, 98. 
 
 § 39. By mutilation, destruction, 
 cancelation, etc. 
 
 § 40. — ' revocation of part of ivill by. 
 
 Interlineations or changes by testator after 
 signing. 51 L.R.A.(N.S.) 169. 
 
 I. Prohate. 
 
 1. In general. 
 
 § 47. Generally. 
 
 Contest of, see infra, § 57. 
 Validity of agreement as to probate of, see 
 Contracts, § "' 
 
 Begin with this hoolc on every law question. 
 
 WILLS, III. 1, 1— cont'd. 
 
 Courts of probate jurisdiction, see Codkts 
 
 § 34. 
 Evidence on, generally, see Evidence, §5 
 
 167, 189-191, 230, 254. 
 
 Constitutionality of tax or fee as condition 
 of probate. 50 L.R.A. (N.S.) 997. 
 
 § 52. Practice; procedure. 
 
 Proof of testator's signature, see supra 
 § 24. 
 
 Necessity of procuring depositions of at- 
 testing witnesses to will who ar€ 
 beyond the jurisdiction of the 
 court. 47 L.R.A. (N.S.) 722. 
 Judicial explanations of the rule. 47 
 
 L.E.A.(N.S.) 723. 
 Under particular statutes. 47 L.R.A, 
 
 (N.S.) 724. 
 Examples. 47 L.R.A. (N.S.) 724. 
 English cases. 47 L.R.A. (N.S.) 726. 
 Miscellaneous. 47 L.R.A. (N.S.) 727. 
 Necessity and sufficiency of proof to ac- 
 count for nonproduction of will 
 upon application to probate it as 
 a lost or destroyed will. 50 L.R.A. 
 (N.S.) 861. - 
 Proof of loss. 50 L.R.A. (N.S.) 861. 
 Proof of search. 50 L.R.A. (N.S.) 862. 
 Presumption of revocation. 50 L.R.A. 
 (N.S.) 864. 
 Nature of proof required to rebut 
 presumption. 50 L.R.A.(N.S.) 
 867. 
 Declarations. 50 L.R.A. (N.S.) 
 867. 
 Under special statutes. 50 L.R.A. 
 (N.S.) 869. 
 
 tn. Contests. 
 
 § 57. Generally. 
 
 Evidence on, see Evidence, §§ 167, 189-191, 
 230, 254. 
 
 Validity of agreement to defeat probate of 
 will. 43 L.R.A.(N.S.) 575. 
 
 n. Codicils. 
 
 § 58. Generally. 
 
 Revocation of codicil as affecting will. 46 
 L.R.A.(N.S.) 983. 
 
 IV. Holographic; nuncupative. 
 
 § 59. Generally. 
 
 Soldiers' and seamen's wills. 4 B. R. C. 
 899. 
 
 Writing name in body of holographic will 
 as signature thereto. 46 L.R.A. (N.S.) 
 552. 
 
 Dating holographic will. L.R.A.1916E, 503. 
 
 Proof of holographic will where attesting 
 witnesses have forgotten circumstances 
 attending its execution. 51 L.R.A. 
 (N.S.) 949. 
 
 Effect of adverse testimony of attesting wit- 
 nesses as to execution of holographic 
 will. L.R.A.1916C, 1234. 
 
 Devise of real property by nuncupative will. 
 L.R.A.1916E, 1132. 
 
INDEX TO NOTES. 
 
 615 
 
 WILLS— co»«U 
 
 V. Devise and legacy. 
 
 «. Construction, validity, and effect 
 generally. 
 
 § 60. Generally. 
 
 Charitaible bequests, see Charities. 
 Conflict of laws as to, sec Conflict of 
 
 Laws, § 35. 
 Bequest for masses, see Masses. 
 As to perpetuities, see Peepetuities. 
 As to inheritance tax, see Taxes, VI. 
 Oreation of trusts by, generally, see Trusts, 
 
 IL 
 
 Provision in will directing deduction of 
 debts from shares of legatees, as re- 
 quiring deduction of statute-barred 
 debt. 4 B. R. C. 727. 
 
 Bringing advancements into hotchpot where 
 will directs a distribution as in case 
 of intestacy. 4 B. R. C. 278. 
 
 Effect of invalidity of bequest occasioned 
 by interest of attesting witness upon 
 rights of persons jointly or subsequent- 
 ly entitled thereto. 4 B. R. C. 710. 
 
 § 61. Ambiguities; omissions; extrin- 
 sic evidence. 
 
 As to testator's intention, see infra, § 65. 
 Ambiguities in description of land conveyed, 
 
 see infra, § 67. 
 Parol evidence as to testator's intention, 
 
 sec Evidence, § 167. 
 Admissibility of acts and declarations of 
 
 testator, see Evidence, § 230. 
 
 Extrinsic evidence to establish identity of 
 legatee or devisee. 47 L.R.A. (N.S.) 
 514. 
 Latent or patent ambiguity as a test. 
 
 47 L.R.A. (X.S.) 520. 
 Where name of beneficiary is inaccu- 
 rately stated. 47 L.R.A. (N.S.) 
 522. 
 Admissibility of extrinsic evidence 
 to identify individual. 47 
 L.R.A.(N.S.) 522. 
 Name used by testator. 47 
 L.R.A.(N.S.) 522. 
 Admissibility of extrinsic evidence 
 to identify corporation. 
 47 L.R.A. (N.S.) 523. 
 Educational societies. 47 
 
 L.R.A. (N.S.) 524. 
 Missionary societies. 47 
 
 ; L.R.A.(N.S.) 524. 
 
 Religious societies. 47 L.R.A. 
 
 (N.S.) 525. 
 Charitable societies. 47 L.R.A. 
 (N.S.) 525. 
 Where inaccurate name applies to 
 more than one individual or 
 corporation. 47 L.R.A. (N.S.) 
 526. 
 Extrinsic evidence as to beneficiary 
 to validate devise or bequest. 
 47 L.R.A. (N.S.) 527. 
 Consult also L.R.A. Digests to date. 
 
 WILLS, V. a.— cont'd. 
 
 Where individual or corporation is des- 
 ignated with substantial ac- 
 curacy. 47 L.R.A.(N.S.) 527. 
 Individual. 47 L.R.A. (N.S.) 528. 
 Corporation. 47 L.R.A. (^.S.) 528. 
 When designation by name and descrip- 
 tion does not apply to same 
 person. 47 L.R.A. (N.S.) 521). 
 Controlling effect of name versus 
 description. 47 L.R.A. (N.S.) 
 529. 
 Illustrative cases where name con- 
 trolled. 47 L.R.A. (N.S.) 52!). 
 Illustrative cases where descrip- 
 tion controlled. 47 L.lt.A. 
 (N.S.) 530. 
 Where designation is by description, 
 and not by name. 47 L.R.A. 
 (N.S.) 531. 
 Where description is indefinite or 
 inaccurate. 47 L.R.A. (N.S.) 
 531. 
 Where there are persons in exist- 
 ence answering the de- 
 scription. 47 L.R.A. 
 (N.S.) 532. 
 Children. 47 L.R.A.(N.S.) 
 532. 
 Extrinsic evidence to 
 change order of devo- 
 lution. 47 L.R.A. 
 (N.S.) 533. 
 Nephew and niece. 47 L.R.A. 
 
 (N.S.) 533. 
 Heirs or next of kin. 47 
 
 L.R.A. (N.S.) 533. 
 Legitimate and illegitimate 
 children. 47 L.R.A. 
 (N.S.) 534. 
 Where there are legiti- 
 mate children. 47 
 L.R.A.(N.S.) 534. 
 Where no legitimate chil- 
 dren. 47 L.R.A. 
 (N.S.) 534. 
 Where there are more than one 
 claimant, some of whom an- 
 swer description only by repu- 
 tation. 47 L.R.A. ( N.S'. ) 535. 
 Where one of the claimants has 
 been referred to by testator by 
 designation used in will. 47 
 L.R.A. (N.S.) 535. 
 Where name or description applies to 
 more than one person. 47 L.R.A. 
 (N.S.) 536. 
 Where there is no suflBcient name or 
 description. 47 L.R.A. (N.S.) 537. 
 Character of evidence admissible. 47 
 L.R.A.(N.S.) 537. 
 The surrounding facts and circum- 
 stances. 47 L.R.A. (N.S.) 537. 
 Use of name applied by public or 
 by testator. 47 L.R.A. (N.S.) 
 538. 
 Relations existing between testator 
 and claimant. 47 L.R.A. 
 (N.S.) 538. 
 Knowledge of testator. 47 L.R.A, 
 (N.S.) 539. 
 
UIG 
 
 INDEX TO NOTES. 
 
 WILLS, V. a.— cont'd. l !!/'. 
 
 Eeference to other instrjimeirts. 47 
 
 L.E.A.(N.S,,).540. 
 Miscellaneous. 47 L.R.A. (N.S.) 
 
 540; 
 Declarations of testator. 47 L.R.A, 
 (N.S.) 540. ' \ 
 Character of declaration. 47 
 
 L.E.A.(iSf.S.) 541. 
 Where purpose is to contra- 
 dict terms of will. 47 
 L.R.A.(N.S.) 542. 
 Testimony of the scrivener. 47 
 L.R.A. (N.S.) 542. 
 
 6. Implication; repugnancy. 
 
 § 62. Implication. 
 
 Effect of limitation over in case the person 
 to whom property is given in the 
 first instance dies without lineal 
 descendants, issue, children, heirs 
 of the "body, etc., to give to his 
 issue an interest by implication 
 either by way of remainder, execu- 
 tory devise, or substitutional gift. 
 51 L.R.A.(N.S.) 485. 
 
 Introduction. 51 L.R.A. (N.S.) 485. 
 
 Gift of remainder by implication. 51 
 L.R.A.(N.S.) 488. 
 
 Implied gift of contingent remainder, 
 or by way of executory devise. 51 
 L.R.A. (N.S.)' 514. 
 
 Substitutional gifts by implication. 51 
 L.R.A. (N.S.) 515. , 
 
 Summary. 51 L.R,A.(N.S.) 517. 
 
 c. Intention of testator. 
 
 g 65. Evidence as to. 
 
 Presumption and burden of proof as to, see 
 
 ' Evidence, § 42. 
 Parol evidence as to, see Evidence, § 167. 
 
 Of testator misdescribing the land. L.R.A. 
 
 1915E, 1008. 
 Of testator as to adeeming general legacy to 
 
 donee by gift. L.R.A,1916Q, 618. 
 
 d. Description of property devised or 
 bequeathed. 
 
 § 66. Generally. 
 
 Bequest of "the rest of my money" as com- 
 prehending entire residuary estate. 4 
 ' B. R. C. 548. 
 
 § 67. Mistake in description. 
 
 Correction of misdescription of land in will. 
 L.R.A.1915E, 1008. 
 
 e. AfterrT)orn children not mentioned; 
 disinheriting. 
 
 § 68. Generally. 
 
 Admissibility of extrinsic evidence as to 
 whether omission of child from will was 
 intentional. 51 L.R.A. (N.S.) 646. 
 Sufficiency of provision as ,to after-born 
 ' ■. i child to prevent revocation of will. 
 43 L.R.A. (N.S.) 1195. 
 Consult also L.R.A. Digests to date. 
 
 WILLS, V. e— cont'd. 
 
 I Necessity of provision for child as dis 
 tinguished .from provision fo 
 contingency. 43 L.R.A. (N.S. 
 1195, , 
 Under statute making "mehti6n 
 of child sufficient. 43 L.R.A 
 (N.S.) 1196. 
 Provision for class which includes child 
 
 43 L.R.A.(N.S.) 1197. 
 As affected by contingency, remoteness 
 or inadequacy of provision 
 43 L.R.A.( N.S.) 1202. 
 Where will merely requests wife ti 
 provide for children. 4i 
 L.R.A.(N.S.) 1205. 
 Right /)f adopting parent to disinherii 
 adopted child. L.R.A.1916D, 424. 
 Where natural heir may be cut off 
 
 L.R.A.1916D,.424. 
 Where natural heir may not be cut off 
 L.R.A.1916D, 425i 
 Where rights are same as those oJ 
 natural heir. L.R.A.1916 D 
 425. 
 Where rights are less than those o) 
 natural child. L.R.A.191CD 
 425. 
 Remedy as pretermitted heir. L.R.A 
 1916D, 426. 
 
 f. Description of heneficiaries ; who 
 may take. 
 
 § 69. Generally. 
 
 Estate taken under gift to several, see infra, 
 § 96. ' 
 
 Meaning of term "natural heirs." 45 L.R.A. 
 
 (N.S.,): 1163. 
 Extrinsic evidence to establish identity of 
 ' legatee or devisee. 47 L.R.A. (N.S.) 
 
 514. 
 Enlargement of class by testator's, exclusion 
 
 therefrom of persons, who prima facie 
 
 would not fall within its description. 
 
 L.R,A.1916F, 7S0. 
 
 g. Capacity of legatee or devisee; re- 
 strictions on charitable gifts. 
 
 § 72. Restriction on ponrer of corpo- 
 ration or association to take. 
 
 § 73. — 'nrlio may question poiver. 
 
 Right of private person to contest power of 
 corporation to take or hold property 
 under will. 46 L.R.A. (N.S.) 73. 
 
 Right to question power of corporation to 
 .take, by will property in excess of its 
 charter authority. 44 L.R.A. (^.S.) 
 544. 
 
 h. What property passes. 
 
 § 74. Generally. 
 
 What property passes imder deed, see 
 Deeds,. III. e. 
 
INDEX TO NOTES, 
 
 617 
 
 WILLS, V. h— ooji*f«l.,, 
 Wfe^fe. by the proyisipna, of a .-jyill, upon 
 J ),thp failure of a, gift of, a, share in the 
 .;,., res^jiue tjie. share ia to fall, back into 
 the, residue, does it becqnie .iivtestate 
 propei-ty .to the extent .of the. propor- 
 tionate share of , the first taker thereof. 
 3 B. R. ,C. ;56. , 
 Bequest of "the rest of ray money", as com- 
 prehending entire residuary estate. 4 
 B. R. C. 548. 
 Sufficiency of bequest to pass bank depgsit. 
 5 B, R. C. 539. 
 Bequest of "all my money.'' 5 B. R. C. 
 
 539. 
 Bequest of "ready money.'' 5 B. R. C. 
 
 540. , 
 
 Bequest of "money on hand" or "money 
 
 in my possession." 5 B. B. C. 541. 
 
 Bequest of "securities." 5 B. R. C. 542. 
 
 Bequests of "debts" or "accounts." 5 
 
 B. R. C. 543. 
 
 Bequests of books and papers. 5 B. R. 
 
 C. 544. 
 
 Bequests of "personal property." 5 B. 
 . R. C. 544. 
 
 I Bequests of a business and things con- 
 nected therewith,, i5 B. B. C. 545. 
 Scope of bequests of cash or money in 
 ^ , 1 bank, etc. 5 B, R. C. 545. . 
 
 Bequest of oonteontaof, or property, ef- 
 fects, etc., contained in, a place or 
 receptacle. 5 B. R. C. 547; 
 What passes under bequest of contents of, 
 ' or property, effects, etc., contained 
 in, a place or receptacle. ' L.R.A. 
 1915C, 653. 
 Cases illustrktitig general rule of intent. 
 
 I..R.A.1915C, 654. 
 'Gases illustrating rule ejusdem generis. 
 L.R.A.1915C, 655. 
 Defeating gift. L.R,A.1915C, 655. 
 Aided by general intent. Li.R.A. 
 
 1915C, 656. , 
 
 Not .defeating gift: r^le as subordi- 
 nate to general intent. L.R.A. 
 ^ . 1915C, 6.57. -w ,. ' . 
 Things germane to the place or ; the re- 
 ceptacle. L.R.A.191pC, 658. 
 Things which have no locality. L.R.A. 
 ;.,■ 19150, 658. , . . , 
 
 Things not actually in mentioned place 
 ,or receptacle. L.R.A.19] 50,659. 
 , General pases. L.R.A.1915C,, 660. 
 When will tSie appointment of a "residuary 
 legatee" amount to a 'gift of undis- 
 posed of realty.. 5 B. R. 0. 141. 
 Instances in which the. meaning of the 
 term "residuary legatee" has been 
 enlarged by the context. 5 B, R. C. 
 ■''V: ., . 143.- '■■■■ '•'■ ■' 
 
 Instances in which the context has been 
 
 --,.,„„ held insuflicient , to, overcome the 
 
 ^. ,,!,.',';' " prima facie 8igiiifi.catjqn of the 
 
 term "residuary legatee." 5 B. R. 
 
 C. 146. . ,,• iii, . ,■ 
 
 . ..Effect of rpsi,duary bequest to. pass 
 
 realty, as affected by . iact that 
 
 realty is after-acquired. . 5 B^, R. 0. 
 
 149 
 
 Begin with this hook on every law questf,on 
 
 WILLS, V. yi— cont'd.. . ; . . , . 
 
 D,eyplv,tion. of .^pseji. legacy, or, devise where 
 will contains residuary clause. 44 
 'ivrR^A. (l^.S.) .'7?,9. 
 Scope and introductory. 44 L.R.A. 
 (N'..g,) 790. 
 J Devolu,-|;ion of ineffectual or lapsed 
 ' legacies. 44. L.R.A. (N.S.) 
 790. 
 Exceptions to rule. 44 L.R.A. 
 
 (N,S.) .792,, 
 Rule as affected by statutes. 44 
 L.R.A-(.N.S.) 792. 
 Devolution of ;ineflectual or lapsed de- 
 vises.' 44 L.R.A.(N".S.) 793. 
 Distinction between lapsed and 
 void devises. 44 L.R.A. (N.S.) 
 793, 
 Rule where devise is upon condi- 
 tion. 44 L.R.A.(N.S.) 794. 
 Rule where subject-matter of de- 
 vise is wrongly described. 44 
 L.R.A._(N.S.) 795. , 
 
 W'here devise is subsequently re- 
 voked, 44 L.R.A.(N.S.) 795. 
 Effect of doctrine of conversion. 
 
 44 L.R.A.(N.S.) 795. 
 Effect of legislation. 44 L.R.A. 
 , .(N,S.) 796. 
 Difference between riile as to legacies 
 and as to devises. 44 L.R.A. (N.S.) 
 800. 
 Grounds of common-law rule as to lega- 
 cies. 44 L.R.A.(N.S.) 802. 
 Oonstruction of residuary f clause. 44 
 L.R.A. (N.S.) 803. - \ 
 
 Location of clause. 44 L.R.A. 
 
 (N.S..). 803. 
 Language of clause. 44 L.R.A, 
 (N.S.) 803. 
 Effect of particular words. 44 
 L.R.A. (N.S.) 804. 
 Rest and residue. 44 
 
 L.R.A.(N.S.) 805. 
 All that remains or re- 
 mainder of. 44 L.R.A. 
 (N.S.) 805. 
 Balance of. 44 L.R.A. 
 
 .(N.S.) 806. 
 Other my property. 44 
 L.R.A.(X.S.) 806. 
 • Other property not herein- 
 before disposed of. 44 
 L.R.A.(N.S.) 807. 
 After payment of. 44 
 
 L.R.A. (N.S.) 807. 
 Miscellaneous. 44 L.R.A. 
 (N.S.) 808. 
 When clause refers to particular 
 property. 44 L.R.A. (N.S.) 
 808. 
 Where lapsed legacy is excepted 
 from residue. 44 L.R.A. (N.S.) 
 809. 
 Where , lapsed legacy is excepted 
 frp;^ opefiation of clause. 44 
 , L.R.A. (N.S.) 810, 
 Effect of limited power of sale. 44 
 . L.R.A. (N.S.) 810. 
 Where portion of residue lapses. 44 
 L.R.A,(N.S.) 811. 
 
618 
 
 INDEX TO NOTES. 
 
 WILLS, V. h— cont'd. 
 
 Aa to beneficiaries taking in com- 
 mon. 44 L.R.A.(N.S.) 811. 
 As to beneficiaries taking jointly. 
 
 44 L.E.A.(N.S.) 813. 
 Where provision is made for devo- 
 lution of lapsed portion. 44 
 L.R.A.(N.S.) 813. 
 Sosidue of residue. 44 L.R.A. (N.S.) 
 
 813. 
 Lapse of entire residuary clause. 44 
 
 L.R.A.(N.S.) 813. 
 Where residuary legatee is also lega- 
 tee in lapsed legacy. 44 L.R.A. 
 (N.S.) 814. 
 Devolution as between particular devi- 
 see and residuary devisee. 44 
 L.R.A.(N.S.) 815. 
 Devolution as between general legatees 
 and residuary legatee. 44 L.R.A. 
 (N.S.) 815. 
 
 J. Nature of estate or interest created. 
 1. In general. 
 
 % 77. Generally. 
 
 Under deed, see Deeds, III. f. 
 As to trusts generally, see Trusts. 
 Creation of trust by will, see Trusts, II. 
 
 Meaning and efi'ect of term "lend" or "loan" 
 employed in will. L.R.A.1915D, 
 497. 
 Personal property. L.R.A.1915D, 498. 
 Real estate. L.R.A.1915D, 500. 
 
 5. Restrictions and conditions. 
 
 § 83. Generally. 
 
 Contingent interest, see infra, §§ 99, 99a, 
 101. 
 
 Devises or bequests conditioned upon di- 
 vorce or separation or limited up- 
 on its continuance. 49 L.R.A. 
 (N.S.) 637. 
 
 Cases in which provision held invalid. 
 49 L.R.A.(N.S.) 638. 
 
 Cases in which provision held valid. 49 
 L.R.A. (N.S.) 640. 
 
 Character of condition as precedent or 
 subsequent. 49 L.R.A. (N.S.) 643. 
 
 Effect of invalidity of condition on gift. 
 49 L.R.A.(N.S.) 643. 
 
 What constitutes compliance with con- 
 dition. 49 L.R.A.(N.S.) 644. 
 
 § 85. In restraint of marriage. 
 
 Construction and validity of restraints on 
 
 marriage. 4 B. R. C. 04. 
 Validity of provision in restraint of mar- 
 riage as affected by fact that the 
 gift to vfhich it relates is to a 
 daughter or other female relative. 
 49 L.R.A.(N.S.) 606. 
 Instances in which the provision has 
 been regarded as valid. 49 L.R.A. 
 (N.S.) 608. _ 
 Instances in which the provision has 
 been regarded as invalid. 49 
 L.R.A. (N.S.) 610. 
 
 Begi7i with this boolc on every law question 
 
 WILLS, V. j, 5— cont'd. 
 Validity of condition in restraint of mar- 
 riage as affected by fact that a 
 breach entails only a partial for- 
 • feiture. 49 L.R.A. (N.S.) 627. 
 Where restraint is a partial one. 49 
 L.R.A.(N.S.) 628. 
 Provision in restraint of marriage in a 
 deed or will as a condition or a limi- 
 tation. 49 L.R.A.(N.S.) 615. 
 
 § 87. Restraints on alienation. 
 
 Restriction of alienation as affected by rule 
 against perpetuities or suspension of 
 alienation, see Perpetuities. 
 
 § 88. Satisfaction of condition. 
 
 Performance of condition in restraint of 
 marriage. 4 B. R. C. 190. 
 
 g 89. Involuntary breach of condi- 
 tion. 
 
 Effect of fact that breach of condition in 
 devise or legacy relating to conduct 
 of legatee or devisee is involuntary 
 on latter's part. L.R.A.1915A, 91, 
 
 Conditions precedent. L.RA..1915A, 91. 
 
 Condition subsequent. L.R.A.1915A, 91. 
 
 7. Limitations; limitations over; exec- 
 utory devises. 
 
 § 92. Generally. 
 
 Provision in restraint of marriage as a 
 limitation. 49 L.R.A. (N.S.) 615; 4 
 B. R. C. 128. 
 
 § 93. Iiimitations over. 
 
 Devise or bequest limited upon continuance 
 of divorce or separation. 49 L.R.A. 
 (N.S.) 637. 
 
 Effect of limitation over in case the person 
 to whom property is given in the first 
 instance dies without lineal descend- 
 ants, issue, children, heirs of the body, 
 etc., to give to his issue an interest by 
 implication by way of remainder, execu- 
 tory devise, or substitutional gift. 51 
 L.R.A.(N.S.) 485. 
 
 § 94. Executory devise. 
 
 Effect of limitation over in case the person 
 to whom property is given in the first 
 instance dies without lineal descend- 
 ants, issue, children, heirs of the body, 
 etc., to give to his issue an interest by 
 implication by way of executory devise. 
 41 L.E.A.(N.S.) 485. 
 
 *. Income or support. 
 
 § 95. Generally. 
 
 As to life tenants generally, see Life Ten- 
 ants. 
 
 Right to intermediate income under bequest 
 to persons who come into existence 
 after the death of the testator. 
 L.R.A.1916F, 800. 
 
 Where gift is specific. L.R.A.1916F, 
 802. 
 
 Where gift is one of residue. L.R.A. 
 1916P, 803. 
 
INDEX TO NOTES. 
 
 619 
 
 WILLS, V. j, 8— cont'd. 
 
 Wliere there is an unlawful direction 
 
 for accumulation. L.R.A.IDIGF 
 
 805. 
 Where period for lawful accumulation 
 
 terminates before gift takes effect. 
 
 L.R.A.1916F, 806. 
 
 9. Interest of several. 
 
 § 96. Generally. 
 
 Effect of invalidity of bequest occasioned by 
 interest of attesting witness upon rights 
 of persons jointly or subsequently en- 
 titled thereto. 4 B. R. C. 710. 
 
 Where by the provisions of a will, upon the 
 failure of a gift of a share in the resi- 
 due the share is to fall back into the 
 residue, does it become intestate prop- 
 erty to the extent of the proportionate 
 share of the first taker thereof. 3 B 
 R. C. 156. 
 
 lO. Tested or contingent interests. 
 
 § 99. Generally. 
 
 Doctrine a3 to possibility of issue extinct as 
 affecting devise or legacy. 48 L.R.A. 
 (N.S.) 865. 
 
 § 99a, Provision contemplating the 
 attainment of » certain age as 
 rendering gift contingent. 
 
 Circumstances supporting or varying impli- 
 cation of contingency. L.R.A. 
 1915C, 1022. 
 
 Dissociation of provision contemplating 
 the attainment of a specified 
 acre from the gift. L.R.A. 
 1915C, 1025. 
 Where the provision is found only 
 in the gift over. L.R.A.1915C, 
 1032. 
 
 Absence of gift apart from direction to 
 oay, divide, or convey. L.R.A. 
 1915C, 1032. 
 
 Gift of intermediate income or mainte- 
 nance. L.R.A.1915C, 1036. 
 
 Provision for advancement of legatee. 
 L.R.A.1915C, 1047. 
 
 Effect, in devises of reality, of a devise 
 of an antecedent estate. L.R.A. 
 1915C, 1047. 
 
 Postponement of gift to let in inter- 
 mediate interest or for benefit of 
 estate. L.R.A.1915C, 1049. 
 
 Gifts over. L.R.A.1915C, 1052. 
 
 Absence of gift over. L.R.A. 1915C, 
 1056. 
 
 Severance of legacy from estate. L.R.A. 
 191 5C, 1057. 
 
 Intervention of trustees. L.R.A.1915C, 
 1059. 
 
 Appointment of trustee or guardian 
 for minor legatee. L.R.A.191oC, 
 1061. 
 
 Direction to accumulate. L.R.A. 19150, 
 1061. 
 
 Provision for survivorship among 
 legatees. L.R.A.1915C, 1062. 
 Consult also L.B.A. Digests to date. 
 
 WILLS, V. j, 10— cont'd. 
 
 Effect of provision substituting the is- 
 sue of any legatee who may die be- 
 fore division. L.R.A.1915C, 1062. 
 
 Assisting construction by reference to 
 other gifts. L.R.A.1915C, 1063. 
 
 Assisting construction by reference to 
 other limitations — reflecting con- 
 tingency backwards and forwards. 
 L.R.A.i915C, 1003. 
 
 Effect of express direction as to vesting. 
 L.R.A.1915C, 1064. 
 
 Inferences from peculiarities of phrase- 
 ology employed. L.R.A.1915C, 
 1070. 
 
 Miscellaneous. L.R.A.1915C, 1071. 
 The decisions considered with reference to 
 
 the sufficiency of the context to vest the- 
 
 gift immediately. L.R.A,1915C, 1072. 
 Legacies charged on real estate. L.R.A. 
 
 1915C, 1072. 
 Contingency as a constituent part of the 
 
 description of the legatee or devisee. 
 
 L.R.A.1915C, 1076. 
 Appendix A. Cases which turn upon exist- 
 ence of an antecedent gift, apart from 
 
 direction to pay, convey or divide. 
 
 L.R.A.1916C, 1085. 
 Appendix B. Cases in wliich the suflicicnej" 
 of the context to overcome the 
 implication of contingency is con- 
 sidered. L.R.A.1915C, 1102. 
 
 Gifts "if" a certain age shall be at- 
 tained. L.R.A.1915C, 1102. 
 
 Gifts "in case" a certain age shall be 
 attained. L.R.A.1915C, 1103. 
 
 Gifts "in event of" attaining a certain 
 age. L.R.A.1915C, 1104. 
 
 Gifts "provided" or "providing" a cer- 
 tain age is attained. L.R.A.1915C. 
 1105. 
 
 Gifts "should" a certain age be at- 
 tained. L.R.A.1913C, 1106. 
 
 Gifts "at" a specified age. L.R.A.19I5G,. 
 1106. 
 
 Gifts "on" or 'upon'' a specified age; 
 L.R.A,19]5C, 1109. 
 
 Gifts "after," "from and after," or 
 "from and upon" a specified age. 
 L.R.A.1915C, 1119. 
 
 Gifts "when" a certain age sliall be .it- 
 tained. L.R.A.1915C, 1122. ] 
 
 Gifts "as" a specified age shall be at- 
 tained. L.R.A.1915C, 1131. 
 
 Gifts "as soon as" or "so soon as" a 
 certain age shall be attained. 
 L.R.A.im5C, 1137. 
 
 Gifts "when and as," "as and whoii."' 
 or "when and so soon as" a certain 
 age shall be attained. L.R.A.1915C, 
 1138. 
 
 Gifts "whenever" a certain age shall be 
 attained. L.R.A.1915C, 1142. 
 
 Gift to trustee or third person "until"" 
 legatee attains a certain age, and 
 "then" to him. L.R.A.191.5C, 1143. 
 
 Where property is given in trust until 
 a certain age is attained, without 
 a further gift or direction to pay 
 upon attaining that age. L.R.A 
 1915C, 1146. 
 
620 
 
 IXUEX TO NOt'e£:. 
 
 WILLS, V. J, W— cont'd. 
 
 'Vyhere there is a direction to' divide 
 when the eldest of ,a. class attains a 
 certaini age. L.R.A.191.5C, 1146. 
 Where there is, a direction to divide 
 ..wfeen.the youngest, ,.(;)r all, of a. class 
 shall attain a ceri^aiu age. L.E.A. 
 ,, . 191,90, 1147. , ■ ' ' ,, 
 Where there; is la - direction to divide 
 yhen a ■fi^lif^, person shall a,ttain a 
 certain age'.' KR.A.l'olSC, 1159. 
 „ ,]VIisc,ella;^^,ijs, , L.R.A,1915C, 1160. 
 
 § 101. Remainders. 
 
 Effect ofj invalidity of bequest of life ,Qstate 
 ,1 ,,p,c,9^^ioned by interest of attesting vpjt- 
 .1 iij^ss upon rights of persons entitled to 
 remainder. 4 B. R. C. 710., 
 
 Jc. Rights and preferences of legatees; 
 enforcement ; payment; giirnishment. 
 
 § lOiS. Payment or ^n'joyment of leg- 
 acy. , 
 
 Acceleration of remainder by renunciation 
 qf lite estate. L.R.A.1915A, 67l'. ,' 
 
 J,. Acceptance ; election; renuiuiiation, 
 
 § 110. Generally. 
 
 What constitutes election to take under or 
 against will. 49" ,L.R.A.(N.S.) 
 1072.' ''■'",',■ 
 Implied election. '49 tlR.A.(.N.S.) 
 1073.^, ,, I "' ■ 
 Acts Insufficient to constitute im- 
 , plied election. 49 'L'.E.A. 
 (N.S.) 1074. 
 Acts constituting implied election. 
 49 L.R.A.(N.S.) 1076. 
 Acceptance ,Qf devise or be- 
 '' 'quest. "49 L.E.A. (N.S.) 
 
 1076. ' '■ 
 Conveya-hce' I by devisee. 49 
 
 ■L.R.A.( N.S.)' "1078. 
 Suit to enforce will. 49 
 
 L'.R.A.(N.S.) 1079. 
 •Claim of right"! as to: 'devised 
 property. 49 L.E.A. (N.S.) 
 1079. 
 Suit; inconsistent with will. 49 
 
 L.R.A,. (N.S,.),, ,1079. 
 Acting as exeoutpr and , con- 
 sistently wiith will. 49 
 L.R.A.(N.S.) 1080, > 
 Effect of lack, of , knowledge of 
 rights. 49 L.E.A. (N.S.) 1081. 
 Statutory election. 4^, L.R.A. (N.S.) 
 1083. , 
 
 Statutes requiring dissent from 
 win. 49L.R.A.(N.S.)1084. 
 Statutory mo^e of election. 49 
 , , L.R.A.(N,,S.), f.086'. 
 Statutes requiring consept to, will. 
 
 49 t.R.A.(N.S.) 1094.' 
 Statutes, saving right to elect. 49 
 
 L.R.A.(N.S.) 1098. 
 Miscellaneous. 49 L.R.A. (N.S.) 
 (N.S.) 1102. 
 Election for or against bequest or de-| 
 vise to creditor. 49 L.R.A. (N.S.) '■ 
 1102. 
 
 [ 
 
 I// 
 
 WILLS, V. I— fio^f^'d; ■■ ,,,_._ , 
 
 ,, Jilectipn vvli'ere' will disposes of fie 
 
 ' beneficiary's property. 49 
 
 , L,R,A.(N.S.) 1103. 
 
 '■' ' ■ Election between will dnd coim- 
 
 '' ' ' munity property. 49 L.R,A. 
 
 (N.S.) 110.5. 
 
 Election as question for jury. 49 
 
 ;.. L.R.A. ( N.S. ). .1100. .. 
 
 Effect of lack of knowledge of 
 
 rights. 49 L.R.A.(N.S.) *J0^. 
 
 Effect of election 4i one jurisdiction foj or 
 
 J against the provisions i of a will, upon 
 
 -, , right to elect as to property situated 
 
 in another ji(ris4iqiioij, 3 B. IJ. 0. 519. 
 
 Acceleration of remainde;r by renunciation 
 
 of life estate. L.'R.A,19i5A, 671. " " 
 
 §111. Wio may elect. 
 
 J^or widow, see infra, § 113'. 
 
 § 112. Bettreen doTirer and provision 
 in mrill. 
 
 Conflict of laws as to. L.R.A.1915F, 680. 
 
 § 113. — nrho may elect for ividonr. 
 
 Who may elect against will in behalf of 
 . ,; insane widow- ,<^9,i L.R.A.,(N.SJ, ' 1108. 
 
 m. Equitable conversiqn. 
 
 §,116. Generally, , : :. 
 
 E<juitable , conyersiou generally, see EQuilAi- 
 
 BLE OONVEKsipN. 
 
 § 117. Effect ,',o£',"''" "-'-^'.ilMlK 
 
 Doctrine of equitable conversipiii as affecting 
 
 one's right to, sign consent, pr remon- 
 
 > .gtrance as landowner. SO L.R.A. (N.S.) 
 
 32. ', ■," 
 
 n. Charge on donee or land rdevised. 
 
 § 119. Generally. 
 
 General directions in, to pay debts, as charg- 
 '' ing liomestead. 44; L.R.A. (N,S.) 1177. 
 
 o^. Lapsing; ademption ; advancetfients ; 
 aib/aieinent ; revocation. 
 
 § 120. Iiapsing. 
 
 Effept ,of- ,statutes designed to prevent, laps- 
 
 , ., ing of testamentary provisions 'upon 
 
 death of beneficiary in testator's life- 
 
 tiiue to render, the property bequeathed 
 
 twice liable to legacy or inheritance tax. 
 
 '" '5'B.,R.,C. 857. , , '^ , 
 
 Devolutipn of lapsed legacy pr ',devisp^ where 
 
 will . contains residuary clause. 44 
 
 L.R.A.(N.S.j 789. 
 
 § 121. Ademption. 
 
 §123. —of general legacy. 
 
 G^ft by testator as ademption of general 
 '. ' legacy -fo donee. L.R.AJSlOC, CIS. 
 
 p. General or specific. 
 
 §, 127. Generally. 
 
 Ademption of general legacy, see supra, § 
 ,. 123. 
 
 Uegin with this book on every law question. 
 
INDEX TO NOTES. 
 
 621 
 
 •WILLS, Y.— cont'd. 
 
 q. Who will take void legacy. 
 
 § 129. Generally. 
 
 Effect of invalidity of bequest Occasioned 
 by interest of attesting witness upon 
 rights of persona jointly or subsequent- 
 ly entitled thereto. 4 B. R. C. 710. 
 
 WILSON ACT. 
 
 Effect of removal of conatttutional objec- 
 tions to state statute by. 48 L.R.A. 
 (N.S.) 349. 
 
 ■wnNX). 
 
 Causes of loss covered by insurance against 
 windstorm. L.R.A.1915B, 1094. 
 
 WINDING UP. 
 
 Of corporation, see Coepobations, IX. 
 Of partnersbip, see Pabtnebship, VII. 
 
 W^INDOW^S. 
 
 Eight to close windows in party wall. 49 
 L.R.A.(N'.S.) 194. 
 
 WINDSTORM. 
 
 Causes of loss covered by insurance against. 
 L.R.A.1915B, 1094. 
 
 -♦^-^^ 
 
 W^INE. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 30a., 
 
 W^IRES. 
 
 Electric wires, see Electeicitt; Highways, 
 
 S 24. 
 
 Injury to trainman by overhead wires. 47 
 
 L.R.A. (N.S.) 497. 
 Right to carrv wires across railroad. L.R.A. 
 
 191SB, 823. , 
 
 WITCH. 
 
 Actionability of charge that one is' a witch. 
 L.R.A.1916E, G82. ' 
 Consult also L.R.A. Digests to date. 
 
 WITCHCRAFT. 
 
 Prohibition of fortune telling under Eng- 
 lish -witchcraft act. 43 L.R.A.(N.S.) 
 204. 
 
 WITHDRAW^AL. 
 
 From arbitration, see Arbitbation, § 3. 
 From building and loan association, see 
 
 Building and Loan Associations, § 8. 
 Of bid for public contract, see Contbactm, § 
 
 160a. 
 From conflict by one setting up self-defense 
 
 as excuse for iiouiicide, see Uomicsue, § 
 
 § 29. ":..., 
 
 Effect of withdrawal from combat as affect- 
 iilg civil liability for assault. L.R.A. 
 19150, 893. 
 
 < » » 
 
 WITHOUT RECOURSE. 
 
 Indorsement without recourse as putting 
 ' pjii-ohaser on inquiry. 44 L.RA.(N.S.) 
 402. 
 
 W^ITNESSES. 
 
 /. In general, §§ 1—8.' 
 II. Competency, §§9—35. 
 
 a. In general, §§ 9—16. 
 
 b. Husband and wife, §§ 17—31. 
 
 c. Effect of death, §§ 33—34:. 
 III. Examination, §§ 36—4:0. 
 
 a. In general, §§ 36—30. 
 
 b. Cross-examination, §§ 31-38. 
 
 d. Protection; privileges, § 40. 
 IT. Impeachment; discrediting; cor- 
 roboration, §§ 41—46. 
 
 V. Credibility, § 47. 
 VI. Compcnualion, §§48—51. 
 
 a. In general, §§ 49, 50. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Contc-nipt by, see Contempt. 
 'Right of accused to be confronted with 
 
 witnesses against him, see Cbiminal 
 
 Law, § 47. 
 As to evidence, see Evidence. 
 Opinions and conclusions of, see Evidence, 
 
 VIII. 
 Privileged communications to, see Evidence, 
 
 XI. b. 
 Matters as to, during trial, see Teial, § 11. 
 To will, see Wills, §§ 24, 26, 28, 30. 
 
 Liability of one who procures defamatory 
 testimony to be given. 4 B. R. C. 986. 
 
 Right of convicted person to maintain an 
 action against witness for negligently 
 giving false evidence. 3 B. R. C. 231. 
 
622 
 
 INDEX TO NOTES. 
 
 WITNESSES, I.— cont'd. 
 § 2. Before grand jury. 
 
 Unauthorized presence of witness in grand 
 jury room as affecting indictment. 
 L.II.A.1916D, 1126. 
 
 § 4. Secnring attendance of. 
 
 Inducing witness to evade or disregard sum- 
 mons or subposna as contempt of court. 
 L.R.A.1915D, 571. 
 
 II. Competency. 
 
 a. In general. 
 
 § 9. Generally. 
 
 Competency of witness to give opinion or 
 
 conclusion, see Evidence, VIII. 
 Competency of expert witness, see Evidence, 
 
 VIII. 
 As to competency of evidence, see Evidence, 
 
 XII. 
 Competency of witness to wills, see Wills, 
 
 § 28. 
 
 Capacity and competency of interpreter. 
 
 L.R.A.1916F, 1206. 
 Right of attorney to testify in his own 
 
 behalf or in behalf of client. 49 
 
 L.R.A.(N.S.) 422. 
 Rule in England and Canada. 49 
 
 L.R.A.(N.S.) 425. 
 Disqualification for interest in event of 
 
 suit. 49 L.R.A.(N.S.) 426. 
 Propriety of attorney acting as witness 
 
 for client. 49 L.R.A.(N.S.) 427. 
 
 § 10. Criminals. 
 
 Pardon or commutation of sentence as 
 affecting competency of witness con- 
 victed of crime. 47 L.R.A.(N.S.) 206. 
 
 § 13. Competency of children. 
 
 Admissibility of declarations of infant too 
 young to be sworn as witness, see Evi- 
 dence, § 218. 
 
 Minor witnesses to will. L.R.A.1916E, 695. 
 
 § 14. Insanity. 
 
 Admissibility of declarations of insane per- 
 son as affected by incompetency as a 
 witness. L.R.A.1915E, 207. 
 Effect of insanity on competency of witness. 
 46 L.R.A.(N.S.) 1028. 
 Competency a preliminary question for 
 
 the court. 46 L.R.A.(N.S.) 1029. 
 Credibility of witness for the jury. 46 
 
 L.R.A.(N.s.) 1030. 
 Presumption of competency; burden of 
 
 proof. 46 L.R.A.(N.S.) 1030. 
 Evidence to establish incompetency. 46 
 L.R.A.(N.S.) 1031. 
 Effect of inquisition, etc. 46 
 L.R.A.(N.S.) 1031. 
 Competency as witness of prosecutrix in 
 prosecution for rape of female of un- 
 sound mind. L.T} A.1916F, 749. 
 
 § 16. Judge; prosecuting attorney. 
 
 Competency of judge as a witness in a cause 
 or trial before him. L.R.A.1915F, 766. 
 
 Begin with this bool,: on every law question. 
 
 WITNESSES, II.— con«U 
 
 l). Husband and wife, 
 
 § 17. Generally. 
 
 Privileged communications between, see- 
 Evidence, § 223. 
 
 Effect of statute making husband and wife- 
 competent witnesses for or against, 
 each other upon privilege as to confi- 
 dential communications between them.. 
 L.R.A.1916F, 389. 
 Admissibility of declarations of spouse in- 
 competent, to testify as a witness- 
 L.R.A.1915E, 204. 
 Competency of husband or wife as witness- 
 for or against the other as to trans- 
 actions prior to marriage. 45- 
 L.R.A.(N.S.) 396. 
 Offense against woman before marriage.. 
 45 L.R.A.(N.S.) 396. 
 Admissibility against one spouse of evidence- 
 of facts revealed by physical examina- 
 tion of other spouse who would be an 
 incompetent witness. 49 L.R.A. (N.S.) 
 563. 
 Applicability of disqualification statute to- 
 testimony of alleged spouse to establish 
 marriage in order to succeed to share 
 of the decedent's property. 51 L.R.A. 
 (N.S.) 183. 
 Applicability of rule excluding testimony 
 of interested person in controversy Avithi 
 decedent's estate, where husband or wife 
 of devisee or legatee, or widow of de- 
 cedent, is offered as a witness in con- 
 troversy over succession to estate. 51 
 L.R.A.(N.S.) 212. 
 
 § 18. Criminal cases. 
 
 Competency of wife to testify as to offense- 
 against her before marriage. 45 L.R.A. 
 (N.S.) 396. 
 
 § 20. Nonaccess. 
 
 Competency of woman to testify to non- 
 access of husband. L.R.A.1916B, 1053. 
 
 c. Effect of death. 
 
 § 22. Generally. 
 
 Do statutes disqualifying party as a wit- 
 ness because of death of other party ap- 
 ply to actions ex delicto. L.R.A.] 916D, 
 811. 
 Admissibility after death of adversary of 
 deposition of party taken before form- 
 er's death and relating to a personal 
 transaction with him. L.R.A.IOISF, 
 771. 
 Competency to testify to possession of note, 
 deed, or other articles at one time 
 in possession of the decedent, where 
 witness would be incompetent to 
 testify directly to a transaction by 
 which it is claimed decedent part- 
 ed with his possession. 45 L.R.A. 
 (N.S.) 583. 
 As to possession of witness. 45 L.R.A. 
 (N.S.) 584. 
 
INDEX TO NOTES. 
 
 62S 
 
 WITNESSES, II. c— cont'd. 
 
 As to possession of third person. 45 
 L.E.A.(N.S.) 588. 
 
 As to receipt of letter or other writing 
 through the mails. 45 L.R.A. 
 (N.S.) 589. 
 
 As to possession of witness when of- 
 fered to contradict testimony of- 
 fered by the other side. 45 L.R.A. 
 (N.S.) 590. 
 
 As to loss of instrument from posses- 
 sion of witness. 45 L.E.A.(N.S.) 
 591. 
 
 § 23. Interested witnesses. 
 
 Applicability of rule excluding testimony 
 of interested person in controversy 
 with decedent's estate, to contro- 
 versies over succession to estate. 
 51 L.R.A. (N.S.) 187. 
 Introductory. 51 L.R.A. (N.S.) 188. 
 Comparison of decisions as to whether 
 or not statute is applicable. 
 51 L.R.A.(N.S.) 189. 
 Cases holding statute not appli- 
 cable. 51 L.R.A. (N.S.) 189. 
 Where disqualification applies only 
 to parties or devisees or lega- 
 tees. 51 L.R.A. (N.S.) 192. 
 Where disqualification depends up- 
 on character of testimony. 51 
 L.R.A. (N.S.) 192. 
 Distinction between proceedings af- 
 fecting probate of will and 
 proceedings between heirs re- 
 lating to distribution. 51 
 L.R.A.(N.S.) 194. 
 Cases holding disqualification to 
 be absolute. 51 L.R.A. (X.S.) 
 194. 
 Comparison of decisions with reference 
 to form of statute; where party 
 disqualified when opposite party is 
 executor, etc. 51 L.R.A. (N.S.) 
 194. 
 Where party to contract or cause of 
 action is excluded. 51 L.R.A. 
 (X.S.) 197. 
 Where disqualification is limited to 
 personal transactions or com- 
 munications with decedent. 51 
 L.R.A.(N.S.) 198. 
 Cases holding statute inapplica- 
 ble. 51 L.R.A.(N.S.) 198. 
 Cases holding statute applicable. 
 51 L.R.A. (N.S.) 202. 
 ■Where exclusion limited to matters 
 equally within knowledge of dece- 
 dent. 51 L.R.A.(N.S.) 204. 
 Where limited to claims against dece- 
 dent. 51 L.R.A. (N.S.) 205. 
 Special statutory exceptions. 51 L.R.A. 
 
 (N.S.) 206. 
 Extent of exclusion. 51 L.R.A. (N.S.) 
 206. 
 Evidence of mental incompetency. 
 51 L.R.A. (N.S.) 206. 
 Where opinion is based upon 
 personal conversations or 
 transactions with dece- 
 dent. 51L.R.A.(N.S.) 207. 
 Consult also L.R.A. Digests to date. 
 
 WITNESSES, II. 0— cont'd. 
 
 Where witness took no part in 
 transaction or conversation. 
 51 L.R.A.(N.S.) 208. 
 Where testimony is adverse to in- 
 terest of witness. 51 L.R.A. 
 (N.S.) 208. 
 Matters not involving transaction* 
 with or communications by de- 
 ceased person. 51 L.R.A. (N.S.) 
 209. 
 Persons to whom disqualification ap- 
 plies. 51 L.R.A.(N.S.) 210. 
 Heirs or legatees. 51 L.R.A. (N.S. > 
 210. 
 Where legacy is invalid or 
 contingent. 51 L.R.A. 
 (N.S.) 211. 
 Effect of release of interest.. 
 
 51 L.R.A.(N.S.) 211. 
 
 Disclaimer or withdrawal fron* 
 
 proceedings. 51 L.R.A.. 
 
 (N.S.) 211. 
 
 Husband or wife of devisee or 
 
 legatee. 51 L.R.A. (N.S.) 212. 
 
 Widow of decedent. 51 L.R.A. 
 
 (N.S.) 212. 
 Executor. 51 L.R.A. (N.S.) 213. 
 Miscellaneous. 51 L.R.A. (N.S.) 
 213. 
 Applicability of disqualification statute t» 
 testimony of alleged spouse to establish 
 marriage in order to succeed to share 
 of the decedent's property. 51 L.R.A. 
 (N.S.) 183. 
 
 III. Examination. 
 
 a. In general. 
 
 § 26. Generally. 
 
 Contempt by witness, see Coktbmpt. 
 Evidence generalh', see Evidence. 
 
 § 27. ^Leading questions. 
 
 Power of court to put. L.R.A.1910A, 1196.. 
 
 § 29. Poorer of court to call and ex- 
 amine iiritnesses. 
 
 Power of court to call witnesses. L.K.A.. 
 
 1916A, 1191. 
 Power of court to examine witnesses. 
 
 L.R.A.1916A, 1192. 
 To elicit facts or supply evidence. 
 
 L.R.A.1916A, 1192. 
 In order that the question or answers- 
 
 may be understood. L.R.A.1916A, 
 
 lisio. 
 To keep witnesses within bounds. 
 
 L.R.A.1916A, 1196. 
 Where they are reluctant. L.R.A. 
 
 1916A, 1196. 
 Leading and improper questions. 
 
 L.R.A.1916A, 1196. 
 Suggesting a change in the form of 
 
 questions. L.R.A.1916A, 1197. 
 Cross-examination of witnesses. L.R.A. 
 
 1916A, 1198. 
 Showing partiality or prejudice. L.R.A.. 
 1916A, 1199. 
 
 Extent of examination. L.R.A.. 
 1916A, 1202. 
 
624 
 
 INDEX TO NOTfiS. 
 
 WITNESSES, III. a— cont'd,. \ 
 
 Objection arid exception to' action of 
 trial court. L.R.A.1916A, 1207. 
 
 li. Cross-examination, 
 
 § 31. Generally. 
 
 Croas-e;-.imination of plaintiflf in action for 
 personal injuries as to his willingness 
 to submit to physical examination. 43 
 L.R.A.(N.S.) 622. 
 
 Cross-examination of prosecutrix on ' trial 
 for statutory rape to show unchastity. 
 48 L.R.A.(N.S.) 273. 
 
 § 32. By court. 
 
 Power of court to cross-examine. L.E.A. 
 1916A, 1198. 
 
 d. Protection; privileges. 
 
 % 40. Generally. 
 
 Protection against self-crimination, see 
 
 I CBmiNAL Law,. §§ 49, 53. ■ 
 As, to privileged communications, see E¥i- 
 
 ' DENCE, XI. b. 
 Privileged nature of words used by, see 
 
 Libel and Slandbe, § 30. ' '_ 
 Privilege as to service Of process, see Weit 
 AND Pkooess, §§ 35, 36. 
 
 Right of bank officer or employee to refuse 
 to disclose! state of depositors' account. 
 L.R.A.1915D, 1061. 
 
 IT. Impeachment; discrediting; cor- 
 roboration. . 
 
 § 42. Discrediting. 
 
 Eight to show unchastity of prosecutrix in 
 
 statutory rape to affect her credibijljty. 
 
 48 L.R.A.(N.S.) 272. ' ' ' ' 
 
 Eight to show, that a witness attempted to 
 
 influence other witnesses for or 
 
 against accused. 46 L.E.A. (N.S.) 
 
 1001. ' ' " 
 Right of state to show that defendant's 
 
 witness .has, attempted to ^influence 
 a state's witness. 46 L.R.A. (N.S.) 
 
 1002. ,, 
 
 Right of state to show that defendant's 
 witness, has attempted to influenOje 
 another witness .for defendant. '46 
 L,R.A.(N.S.) 1003. 
 
 Eight of defendant, to show that a 
 state's witness has attempted to in- 
 fluence a witness for' the defense. 
 46 L.E.A.(N.S.) 1004., ' 
 
 Eight of defendant to show that a 
 
 state's witness has, attempted to! 
 
 influence another witness for the! 
 
 state. 46 L.R.A.(N.S.) 1004. 
 
 Pardon or commutation as affecting proof 
 
 of conviction to impeach credibility of 
 
 witness,. 47 L.R.A.(N.S.) 215. ,. 
 
 § 44. Right to impeach one's onrn 
 ivitness. 
 
 Right of party, calling a witness who con- 
 tradicts iiimself on cross-examination to; 
 introduce, evidence of previ,au& state- 
 ments consistent with his testimony on 
 direct examination. L.R.A.1915F, 601. 
 
 WITNESSE^, IV.— cont'd. 
 § 45. Corrotioration. 
 
 § 46. — by proof of pre-rious con 
 sistent statements out of court. 
 
 Right of party calling a witness who con 
 tradicts' himself oh cross-examinatioi 
 to introduce' evidence of previous state 
 nlents consistent with his testimony oi 
 direct examination. L.R.A.1915F, 601 
 
 ' ' V. Credibility. 
 
 § 47. Generally. 
 
 Instructions as 'to, see Tbial, §'§'61-63. 
 
 Credibility of witness of, unsound mind a 
 iquestion for the jury. 46 L.R.A.(N.S. 
 1030-. 
 
 Right to show unchastity, of, prosecutrix ii 
 statutory rape toi affect h,ex credibility 
 48 L.R.A.(N.S.) 272.. 
 
 .Credibility and .effeqt -oh testimony of persoi 
 injured at a railroad crossing that In 
 looked .and listened , [-where , he mus 
 have detected the train had he looke( 
 or , listened., , L.R.A.i915B, 14U. 
 
 VI. Compensation. 
 
 a. In general. 
 
 § 48. Generally. 
 
 Offering to pay witness as k 'ground for dis 
 barment or suspension ' of attorney 
 L.E,.A.1915A, 514, 
 
 ♦ «» 
 
 WOMAN SUFFRAGE. 
 
 See Fkmalb Suffbage; 
 
 ■ — •-•-♦ 
 
 ■WOMEN. 
 
 § 1. Generally. " . '' " 
 
 Constitutionality of statutes -aS to, see Con. 
 
 STITUTIONAL LAW, § 111. 
 
 Libel or slander by charging unchastity of 
 see Libel AND SLA^fDEB,"§ 12. 
 
 g 2. Rights of. 
 
 Right to vote, see Elections, § 3. 
 Right to hold office, see OffiCSeks, § 7. 
 
 Right to petition in relation to school mat 
 ters. 43 L.R.A.IN.S.) 293. ..:,?. 
 
 ■WORDS. 
 
 Meaning of, see Definitions. 
 
 Begin with this boolc on every law question. 
 
 WORK AND LABOR. 
 
 g 1. Generally. 
 
 Liability of husband for legal services tc 
 wife in divorce case, see Divorce ani 
 Separation, § 39. 
 
INDEX TO NOTES. 
 
 625 
 
 ^woek; and labor— cojifd. ' " ' 
 
 Services of illegitimates, see Illegitimact. 
 
 § 2a. ; 
 X/ien for, see Mechanic?' Liens. 
 
 Conolusivenegs of the testimony of experts 
 as to the value of professioflal serv- 
 ices. 45 L.R.A;(N.S.) 181. 
 
 Guarantying payment of labor on goods 
 destroyed as insurance. 47 L.R.A. 
 <N.S.) 301. 
 
 S 2. Contracts for. 
 
 liiability for, on contractor's bond, see 
 Bonds, § 10. 
 
 Contracts for services in buildiag or con- 
 struction, see Building 'AND Construc- 
 tion Contracts^ 
 
 Distinction between sales of personalty and 
 agreements ior vpork and labor within 
 meaning of statute of frauds, see Con- 
 tracts, § 36. 
 
 Oral contract for services not intended to 
 be performed within a year, see Con- 
 tracts, § 39. 
 
 Effect of part performance of contract for, 
 see CoNTBAOTS, § 137. 
 
 Servant's duty as to, see Master and Serv- 
 ant, II. 
 
 Specific perforinajice of , contract . to leave 
 property in consideration of, see'SPE- 
 cirrc Pebpobmance, § 9. 
 
 On Sunday, see Sunday, §§ 5, 6. 
 
 Bequest or devise in payment for services, 
 "? etc. rendered testator as siibject to suc- 
 cession tax, L.R.A.1916C, 555. 
 
 Champertous contracts for services by lay- 
 men. L.E.A.1916E, 68. 
 
 Effect upon character of sum agreed upon 
 for breach of contract as penalty or 
 liijuidated damages of single or multi- 
 ple stipulations in contract. L.R.A. 
 1915E, 393. 
 
 ^Recovery by one who abandons a contract 
 for work or labor without cause or jus- 
 tification. L.R.A.191«E, 790. 
 
 IRight of married woman to maintain action 
 for services rendered to a third person 
 living in the home. 46 L.R.A. (N.S.) 
 238. 
 
 liability of one who solicits the services of 
 a physician or surgeon for another. 46 
 •L.R.A.(N.S.) 577. 
 
 Validity of contract for material patented 
 or held in monopoly where a letting to 
 the lonrest bidder is required. 46 L.R.A. 
 (N.S.) 990. 
 
 W^ORKMAN. 
 
 Who is, within meaning of workman's com- 
 pensation act. L.R.A.1916A, 115, 246. 
 
 TVOBKMEN'S COMPENSATION. 
 
 § 1. Generally. 
 
 •Oonstruetion and effect of workmen's com- 
 pensation acts generally. L.R.A. 
 1916A, 23. 
 Consult also L.R.A. Digests to date. 
 
 43— '16F. 40 
 
 WORKMEN'S COMPENSATION— cont'd. 
 English and Colonial decisions. L.R.A 
 
 1916A, 28. 
 Application of the English statute 
 of 1906 generally (§ 1). 
 L.R.A.1916A, 29. 
 
 Text of § 1. L.R.A.1916A, 29. 
 
 Alternative remedies open to 
 workmen or dependents (§ 
 ■' 1, subsec. 2 (b)). L.R.A. 
 1916A, 72. 
 
 AWj'itratiott for settlement of 
 disputes (§ 1, subsec. 3). 
 L.R.A.1916A, 79. 
 
 Recovery of compensation 
 wherfe' action for damages 
 has failed (§ 1, subsec. 4). 
 L.R.A.1916A, 81. 
 Substitution Of scheme approved by 
 friendly society for provi- 
 sions of the act (§ 3.) 
 L.R.A.1916A, 93. 
 
 Text of § 3. L.R.A.1916A, 93. 
 
 Construction of tliis section. 
 L.R.A.1916A, 94. 
 Bankruptcy or winding up of em- 
 ployer under contract with 
 Insurers. ( § 5 ) . L.R.A. 
 ' 1916A, 98. 
 
 Text of § 5. L.R.A.1916A, 98. 
 
 Proceedings under this section. 
 
 ■ L.iR.A,]916A, 99. 
 
 Appointment aiid remuneration of 
 
 arbitrators and medical 
 
 referees. (§ 10). L.R.A. 
 
 1916A, 111. 
 
 Text of § 10. L.R.A.1916A, 
 111. 
 Detention of ships whose owners 
 are liable for compensa- 
 tion. (§ 11). L.R.A. 
 1-916A, 111. 
 
 Text of § 11. L.R.A.1916A, 111 
 
 Proceedings under this section. 
 L.R.A.1916A, 112. 
 * Reports of injuries. (§ 12). 
 
 L.R.A.1916A, 112. 
 
 Text of §. 12. L.R.A.1916A, 
 112. 
 Definition clauses. ( § 13 ) . L.R.A. 
 1916A, 112. 
 
 Text of § 13, L.R.A.1916A, 112. 
 
 Who are "employers." L.R.A. 
 1916A, 113. 
 
 "Contract of service.'' L.R.A. 
 1916A, 114. 
 Appeals in Scotland 'where an ac- 
 tion is raised independent- 
 ly of the act (§ 14). 
 L.R.A.1916A, 127. 
 
 Text of § 14. L.R.A.191CA, 
 127. 
 
 Effect of this section. L.R.A. 
 1916A, 127. • 
 Termination of contracts relieving 
 employers from liability, 
 recertiii cation of schemes 
 (§ 15). L.R.A.1916A, 128. 
 
 Text of § 15. L.R.A.1910A, 
 128. 
 
 Effect of this section. L.R.A. 
 1916A, 128. 
 
■'J26 
 
 IXDEX TO NOIES. 
 
 WORKMEN'S COMPENSATION— cont'd. 
 
 Repealing clause (§ 16). L.R.A. 
 19-HiA, 128. 
 Text of § 16. LJi,.A.1916A, 
 
 128. 
 Effect of this section. L.R.A. 
 1916A, 129. 
 Citing clause (S 17). L.R.A. 
 1916A, 129. 
 Text of § 17. L.R.A.1916A, 
 129. 
 Arbitration (sched. II). L.R.A. 
 1916A, 174. 
 Text of schedule II. L.R.A. 
 
 1916A, 174. 
 Construction of these provi- 
 sions. L.R.A.1916A, 
 177. 
 Functions oif committee's 
 representative of Lhe 
 employer and his 
 workmen. L.R.A. 
 
 1916A, 177. 
 Powers and functions of 
 arbitrators. L.R.A. 
 1916A, 177. 
 Appeals. L.R.A.1916A, 
 
 178. 
 Costs. L.R.A.1916A, 181. 
 Registration of memoran- 
 dums of agreements. 
 L.R.A.1916A, 184. 
 Proceedings by "parties 
 interested." L.E.A. 
 1916A, 187. 
 Enforcement of awards 
 ana agreements. 
 
 L.R.A.1916A. 188 
 Rectification of the regis- 
 ter. L.R.A.1916A, 
 188. 
 Agreements as to lump 
 sums. L.R.A.1916A, 
 189. 
 Court in which proceed- 
 ings may be brougtit. 
 L.R.A.1910A, 190. 
 Deductions from awards. 
 
 L.E.A.1916A, 190. 
 Reference to medical ref- 
 erees. L.R.A.1916A, 
 190. 
 Provisions applicable to 
 Scotland only. 
 
 L.R.A.1916A, 191. 
 LAct of 1900. L.R.A.1916A, 191. 
 Text of the act. L.R.A.1916A, 
 
 191. 
 Effect of these provisions. 
 L.R.A.1916A, 191. 
 American decisions. L.R.A.1916A, 213. 
 Strict or liberal construction of 
 
 acts. L.R.A.1916A, 215. 
 Retroactive effect of statutes. 
 
 L.R.A.1916A, 216. 
 Election to comiT in under optional 
 
 act. L.R.A.1916A, 219. 
 Ex'^liisiveness of remedy furnished 
 by statute. L.R.A.1916A, 
 223, 
 
 liegin ivitU this liooTc on every law question. 
 
 WORKMEN'S COMPENSATION— cojii'd. 
 
 Where injury is caused by 
 wilful or intentional act 
 of employer. L.R.A. 
 1916A, 224. 
 
 Eights of parent where minor 
 employee is injured. 
 L.R.A.1916A, 224. 
 
 Rights and remedies where 
 negligence of third per- 
 son causes the injury. 
 L.R.A.19iaA, 225. 
 
 Right to contract out of the 
 statute. L.R.A.1916A, 
 
 227. 
 Who are "employers." L.R.A. 
 
 1916A, 245. 
 Insurance funds. L.R.A.1916A, 
 
 265. 
 Procedure in general. L.R.A. 
 
 1916A, 271. 
 
 Limitation of application of workmen's 
 
 compensation statute by Federal laws. 
 
 L.R.A.1916A, 461. 
 Extraterritorial jurisdiction of workmen's 
 
 compensation act; conflict of laws. 
 
 L.R.A.1916A, 443. 
 
 § 2. Validity of statutes. 
 
 Constitutionality of workmen's compensa- 
 tion and industrial insurance stat- 
 utes. L.R.A.1916A, 409. 
 In general. L.R.A.19a6A, 409. 
 
 Validity of statute as affected by- 
 title. L.R.A.1916A, 411. 
 Presumption as to election to come- 
 in under the act. L.R.A. 
 191 6A, 412. 
 Who may question validity of stat- 
 ute. L.R.A.1916A, 4i2. 
 Abrogation of common-law defenses. 
 
 L.R.A.1916A, 413. 
 Due process and equal protection of the 
 law. L.R.A.1916A, 414. 
 Optional statutes. L.R.A. 1916A, 
 
 414. 
 Compulsory acts. L.R.A.1916A, 
 415. 
 Class legislation. L.R.A.1916A, i22. 
 Delegation of powers. L.R.A.] 916A, 
 
 425. 
 Impairment of contract obligations.. 
 
 L.R.A.1916A, 426. 
 Right to contract. L.R.A.1916A, 426. 
 Right to trial by jury. L.E.A.1916A, 
 
 426. 
 Illegal use of taxing power. L.R.A. 
 
 1916A, 427. 
 MiscelJi'iieous objections. L.R.A.191CA» 
 428. 
 
 § 3. Review of decisions of commis- 
 sion; appeals. 
 
 Under English act of 1906. L.R.A.1916A, 
 
 178. v_ 
 
 American decisions. L.R.A.1916A, 266. 
 
 § 4. Who is an employee -within- 
 meaning of acts. 
 
 In general. L.R.A.1916A, 115, 246. 
 
INDEX TO NOTES. 
 
 627 
 
 WORKMEN'S COMPENSATION— cont'd. 
 Independent contractors. L.R.A.1916A, lis, 
 
 247. 
 "Casual" employees. L.R.A.191GA, 120, 
 
 247, 365. 
 Seamen. L.R.A.1916A, 120. 
 
 § 5. Liability to servants of con- 
 tractors. 
 
 English and Colonial decisions. L.R.A. 
 
 1916A, 95. 
 Text of § 4 of Engli&h act of 1906. 
 
 L.R.A.1916A, 95. 
 In general. L.R.A.1916A, 95. 
 "In the course of or for the purposes of' 
 
 the principal's "trade or businoas." 
 
 L.R.A.1916A, 96. 
 Work "undertaken by the principal." 
 
 L.R.A.1916A, 97. 
 "Premises on which the principal has 
 
 undertaken to execute the work." 
 
 L.R.A.1916A, 97. 
 Work "ancillary or incidental" to the 
 
 trade or business of the principal. 
 
 L.R.A.1916A, 97. 
 
 § 6. 'What employments are ivithin 
 provisions of acts. 
 
 Employments to which the English act of 
 
 1897 was applicable. L.R.A.19i6A, 
 
 192. 
 Text of § 7 of the act of 1897. L.R.A. 
 
 1916A, 192. 
 Scope and effect of these provisions in 
 
 general. L.R.A.igieA", 193. 
 Meaning of the phrase "on or in or 
 about." L.R.A.1916A, 193. 
 
 On, in or about a "railroad." 
 L.R.A.1916A, 193. 
 
 —a "factory." L.R.A.19:6A, 194. 
 
 —a "mine." L.R.A.1916A, 195. 
 
 — "engineering work." L.R.A. 
 1916A, 195. 
 
 — "premises on which principal has 
 undertaken to execute the 
 work." L.R.A.1916A, 196. 
 Buildings being constructed or repaired 
 ur demolished by means of a 
 scaffolding. L.R.A.1916A, 196. 
 
 What is a "building." L.R.A. 
 1916A, 196. 
 
 Height of building. L.R.A.1916A, 
 196. 
 
 "Being constructed or repaired." 
 L.R.A.1916A, 197. 
 
 What is a "scaffolding.'' L.R.A. 
 1916A, 198. 
 Meaning- of "railroad." L.R.A.191GA, 
 
 200. 
 —of "factory." L.R.A.1916A, 200. 
 
 "Premises wherein steam, water or 
 other mechanical power is used 
 in aid of the manufacturing 
 process." L.R.A.1916A, 200. 
 
 Iron mills. L.R.A.1916A, 201. 
 
 "Premises wherein . . any 
 
 manual labor is exercised by 
 
 way of trade or for purposes 
 
 of gain." L.R.A.1916A, 201. 
 
 Consult also L.R.A. Digests to date. 
 
 WORKMEN'S COMPENSATION— cowt'd. 
 
 Premises in which "manual labor 
 is exercised in adapting an ar- 
 ticle for sale." L.R.A.1916A, 
 202. 
 "Shipbuilding yards." L.R.A. 
 
 1916A, 202. 
 "Bottle washing works.'' L.R.A. 
 
 1916A, 202. 
 Electrical stations for lighting 
 any "street, public place," etc. 
 L.R.A.1916A, 202. 
 "Dock, wharf, quay." L.R.A. 
 
 1916A, 203. 
 
 "Warehouse." L.R.A.1916A, 206. 
 
 Machinery used in the process of 
 
 loading or unloading a ship. 
 
 L.R.A.1916A, 207. 
 
 "Machinery temporarily used for 
 
 the purpose of constructing a 
 
 .building." L.R.A.1916A, 208. 
 
 — of "engineering works." L.R.A. 
 
 1916A, 208. 
 —of "mine." L.R.A.1916A, 209. 
 —of "undertakers." L.R.A.1916A, 209. 
 In the case of a factory. L.R.A. 
 
 1916A, 209. 
 In the case of engineering work. 
 L.R.A.1916A, 212. 
 When workmen employed in shipbuild- 
 ing yard are not excluded from 
 provisions of the act. L.R.A.1916A, 
 213. 
 Application of English act of 1906 to work- 
 men in the sea service ( § 7 ) . 
 L.R.A.1910A, 103. 
 Text of § 7. L.R.A.1916A, 103. 
 Proceedings under this section in gen- 
 eral. L.R.A.1916A, 104. 
 Persons in sea service excluded from § 7 
 (§ 7, subsec. 2) . L.R.A.1916A, 105. 
 Application of English act of 1906 to work- 
 men under the Crown ( § 9 ) . 
 L.R.A.1916A, 111. 
 Text of § 9. L.R.A.1916A, 111. 
 Occupations to which American acts are ap- 
 plicable generally. L.R.A.1916A, 216. 
 
 § 7. 'What injuries are ivithin pro- 
 visions of act. 
 
 Injurv disabling employee "from earning 
 full wages." L.R.A.1916A, 72. 
 
 Recovery of compensation where workman 
 suffers injury from assault. L.R.A. 
 1916A, 309. 
 
 Applicability of compensation act where in- 
 sane workman commits suicide or suf- 
 fers personal injuries. L.R.A.1916A, 339. 
 
 § 8. — "accident" and "personal in- 
 jnry." 
 
 In general. L.R.A.1916A, 29, 227. 
 
 Hernia as an "accident" or "personal in- 
 jury" within the meaning of the com- 
 pensation act. L.R.A.1916A, 303. 
 
 § 9. — injuries "arising out of and 
 in the course of" employment. 
 
 In general. L.R.A.1916A, 40, 232. 
 
 Injuries received while procuring refresh- 
 ment, as arising out of and in the 
 course of the employee's employment. 
 L.R.A.1916A, 320. 
 
628 
 
 INDEX TO XOTE^. 
 
 WORIOIEN'S COMPEPf^ATION— cont'd. 
 Injuries received ' while seeking tojlet facili- 
 ties as'"a|rising,out of" the employment. 
 
 L.R.A,i9i6A, 3ir: ■ 
 
 lieeovery of compensation for injury to em- 
 ,ployee,, received vchile on the street. 
 • L'.R.A.1916A,' 3,14:" ' 
 
 Recovery of compensation for injuries re- 
 ceived while going to and from work. 
 Ii.B..A.1916A, 331. 
 Recovery of compensation for injuries re- 
 ceived while trying to save personal 
 belongings from loss. L.R.A.1916A, 
 ' '322. 
 Recovery of ccanpehsation for loss of eye 
 
 ' through infection. L.R'.A.lSlSA, 326. 
 Compensation for injury ' by lightning. 
 L.R,A.1916A, 347. 
 
 § 10. — disease. 
 
 Recovery of conipensation for incapacity re- 
 sulting from disease. ,L.R.A.1916A, 
 
 289. ,;,. |,|. 
 
 "Occupational" or "industrial" diseases. 
 
 ,.;, ; L,.R.A.1916A, 289. , 
 ■ Breakflown , du? tch overwork. 
 L.R.A.1916A, 290. 
 ■ ,., Disease ca^^ei^ by unjusuaj iCop^itions of 
 work. L.R.A.lSi6A, 290. 
 Sunstroke: find heat pj'ostration. 
 ' L.R.A.1916A, '291. ,,. 
 Disease supervening,, ,, after injury. 
 
 L.R.A.1916A, 292. 
 Disease from which . worki)ia,p , wag , suf- 
 fpriiff at time of injury. L.R.A. 
 1916A, 293, 
 Compensatiion fpr industrial diseases under 
 
 , ,, tjie English aqi.of 1906i(§,8,,sphed. 
 
 ill). L.R.A.1916A, 106. 
 Text of act relative thereto. L,R.A. 
 I9I6A, ,106,, 
 Text of § 8. L.R.A.1916A, 106, . 
 Text of third, [Schedule. L.R.A. 
 1916Ai,i08. , ■(,, 
 
 Meaning pf, phrase "at or immediately 
 
 before." L.R.A.1916A, 109.. 
 Presumption as to, cause of disease. 
 
 L.R.A.1916A, 109. 
 Contribution -.- by f : other emplovers. 
 
 L.RJV.1916A, 109i 
 Functions of certifying' surgeons and 
 medical referees. L.R.A.1916A, 
 110. 
 
 § 11. —"serious and irilfnl miscon- 
 duct" of employee. 
 
 What constitutes "serious aind wilful mis- 
 conduct" within tme meaning of the 
 compeijsation ,act. >L.R.A.1916A, 75, 
 243, 3S5. ' " ', 
 
 Recovery of compensation , where injured 
 workman was into^cjca-ted at the time 
 , of the injury. ,L.R.a!1916A, 351. ' 
 
 § 12. What acts or conduct of work- 
 man after injury will defeat 
 right to compensation. 
 
 Refusal of injured' workman to have opera- 
 ' tion pferformed as bar to compensation 
 Tinder workmen's compensatioli act. 
 L.R.A.1916A, 38T. 
 
 Begin ivith this book on every laiv question. 
 
 WOR,Ii:ME]Sr,'p COMPENSATION— cont'd. 
 § 1^. Remedies where injury is 
 caused by third person. 
 
 Rights and remedies und.er compensation 
 acts where injuries were caused by tfeg- 
 ligenee of third perpon., l:R.A.1916A, 
 360. .1-. ,. M • ' ,. . . . 
 
 Liability under English act of, 190,6 of third 
 
 pericitf whose negligence" causes 
 
 , the injury ,(§ 6),. L.R.A.1910A, 
 
 ' ■' 100."' '' """ -'"■ 
 
 Text of § 6. L.R.A.1916A, 100. 
 
 Joint liability of employer and third 
 
 person. L.R.A.1916A, 101. 
 Employer's right to indemnity , from 
 third person. L.R.A.1916A, 102. 
 
 § :14. Notice of injury. 
 
 English and Colonial decisions. L.R.A, 
 1916A, 83. . 
 Text of § 2 of English aqt of " 1906. 
 
 L.R.A.1916A,' 83. , 
 Form and coniients of notice. L.R.A. 
 
 I9I6A, 94. ' 
 To whom notice may be given. L.R.A. 
 
 1916A, 85. 
 , Claim for compensation. L.R.A.191CA, 
 
 Time yithiu which claim must be made. 
 ; ' L.R.A..1916A, '8fi. 
 
 Employer "prejudiced" in his defense. 
 
 L.R.A.1916A. 86. 
 ' Excuses for not giving notice or making 
 claim in time. ' L.R.A.1916A, 89. 
 American decisions. L.R.A.1916A, 244. 
 
 § 15. Extent of recovery. 
 
 Compensation recoverable generally. L.R.A. 
 1916A, 129; • 
 Under English act of 1906 (sched. I.). 
 ,1 > ' :■"" L.R.A.1936A, 129. ,, - 
 
 Text of schedule I. L.R.A.1916A, 
 
 129; ; 
 
 Meaning of phrase "where death re- 
 sults, from, the, injury", (T[ la) - 
 L.R.A.i916A,,,132. 
 Amount recoveral^le, in case of 
 death by persons dependent up- 
 on the yiforkmen's earnings (f 
 i a). L.R.^.1916A, 134. 
 Amount recoverable by workman 
 totallv or partially incapaci- 
 tated' (If 1 by.' L.R.A.1916A, 
 •' - '• ' 136.^^' " ■'--■' 
 
 "Average weekly earnings" (^ 2) 
 ■i ' L.R.A.1916A, 149. 
 
 Grades. L.R.A.1916A, 150. 
 Concurrent employments. 
 
 L.R.A.1916A, 152. 
 . , I ; i , I Absences from work. • L.R.A. 
 1916A, 152. 
 Period of employment forming 
 ,basis for computation of 
 , , average weekly earnings. 
 
 L.R.A.1916A, 155. 
 Tra,de or' calendar weeks. 
 
 ,' I..R.A.I9.I6A, ,156. 
 Continuity of the employment. 
 
 'L,R,.A.19l6A, i57. 
 Deductions. ' ' L.R.A.1916A 
 158. ' ' 
 
INDEX TO NOTES. 
 
 WOUKJVIEN'S COMPENSATTON— cont'd. 
 
 Remuneration other than regu- 
 lar wages. L.E,.A.1&16A, 
 159, 
 Medical examination of injured 
 \vorkman , (HTf 4, 14, 15). 
 L.rt.A.lOlGA, IGO. 
 Varying of the award (H 9). 
 
 L.R.A.1916A, 163. 
 Eeview of weeldy payments (U IG). 
 
 L.R.A.1916A, 163. 
 Payment of lump sum (IT 17). 
 
 L.E.A.1916A, 172. 
 Set-offs against weekly payments 
 (K 19). L.R.A. 1916A, 174. 
 American decisions. L.R.A.1916A, 253. 
 By dependents. L.R.A.1916A, 253. 
 By incapacitated employee. I1.R.A. 
 1916A, 254. 
 Consideration of possible earnings of injured 
 employee in other employment, in fixing 
 compensation under compensation acts. 
 L.R.A.1916A, 377. 
 "Average weekly earnings" under compen- 
 sation act of workman employed by sev- 
 eral employers. L.R.A.1916A, 373. 
 Inability to get work because of injury, as 
 "incapacity for work," within the mean- 
 ing of the workman's compensation 
 act. L.R,A.1916A, 380, 
 
 § 16. Who entitled to compensation. 
 
 Payments to dependents. L.R.A.1916A, 162. 
 
 Who are dependents. L.R.A.1916A, 121, 
 
 163, 248. 
 
 In England and Ireland and in 
 
 Scotland under the Act of 
 
 1906, L.R.A.1916A, 121. 
 
 In Scotland under the Act of 
 
 1897. L.R.A.1916A, 325. 
 In the Colonies. L.R.A.1916A, 126. 
 When are husband and wife living togetlier 
 within the meaning of the compensation 
 act. X,:r.A.1916A, 370. 
 
 WORSHIP. 
 
 Disturbing worship, see DiSTtrBBirro Meet- 
 ing. 
 
 WOUND. 
 
 Opinion evidence as to cause of, see Evi- 
 dence, §. 187b. 
 
 W^RIT AND PROCESS. 
 
 I. In general, §§ 1—7. 
 II. Service, §§ 8-4:0. 
 
 a. In general, §§ S—H. 
 6. Constructive or substituted 
 service, §§ 15—31. 
 
 1. In general, §§ 15—19. 
 
 2. By publication, §§ 30, 31. 
 Consult also L.B.A. Digests to date. 
 
 WRIT AND PROCESS, 11.— cont'd. 
 
 c. Service on corporation, §§ 33— 
 
 39 
 
 1. In general, §§ 33, 33. 
 
 2. Foreigri corporations, §§ 
 
 2i-39. 
 
 d. Privilege; exemtion, §§ 30— 
 
 37. 
 f. Liability of officer malting, § 
 39. 
 III. Return, §41. 
 
 I. In general. 
 
 § 1. Generally. 
 
 Various particular writs, see Assistance; 
 Attachment; Capias Ad Respondend- 
 um; Capias Ad Satisfaciendum; CEn- 
 
 TIORAEI; EXECUTION; ElEBI FaCIAS,; 
 
 Habeas Corpus; Injunction; Mas- 
 DAiius; Ne Exeat; Prohibition; Quo 
 Wabbanto; Replevin; Retobno Ha- 
 
 BBNDO; 
 
 Abuse of process, see Abuse op Pboobss. 
 Writ of error, see Appeal and Ebeoe, 
 
 Effect of form of summons in determining 
 
 nature of action. 50 L.R.A.(N.S.) 23. 
 
 Complaint as aiding defective summons. 44 
 
 L.R.A.(N.S.) 138. 
 
 Respecting name of court or place. 44 
 
 L.R.A.(N.S.) 138. 
 Respecting term of court or time. 44. 
 
 L.R.A.(N.S.) 139. 
 Respecting names of parties or attor- 
 neys. 44 L.R.A.(N.S.) 139. 
 Partners. 44 L.R.A.(N.S.) 141. 
 Name of attorney. 44 L.R.A. 
 (N.S.) 141. 
 Respecting ad damnum. 44 L.R.A. 
 
 (N.S.) 142. 
 Respecting notice as to manner of ob- 
 taining judgment. 44 L.R.A. 
 (N.S.) 142. 
 Alternative notice. 44 L.R.A. 
 (N.S.) 144. 
 Where the summons is required to state 
 the cause of general nature of the 
 action. 44 L.R.A. (N.S.) 144. 
 Miscellaneous. 44 L.R.A. (N.S.) 145. 
 Claiming, or talking possession of, prop- 
 erty from officer who has seized it Un- 
 der a writ. 47 L.R.A. (N.S.) 1146. 
 
 g 5. Mistake in name or description. 
 
 Applicability of doctrine at idem sonans to 
 
 suistituted or constrlictive service of 
 
 process. L.R.A.1915B, 1149. 
 
 Complaint as aiding summons defective as 
 
 to names. 44 L.R.A. (N.S.) 138. 
 
 Respecting name of court or place. 44 
 
 L.R.A.(N.S.) 138. 
 Respecting names of parties or attor- 
 neys. 44 L.B.A.(N.S.) 139. 
 Partners. 44 L.R.A. (N.S.) 141. 
 Attorney. 44 L.R.A. (N.S.) 141. 
 
 //. Service. 
 
 a. In general. 
 
 § 8, Generally. 
 
 Quashing summons or setting aside service 
 ' thereof as affecting statute of limita- 
 tions. 45 L.R.A.(N.S.) 756. 
 
C30 
 
 INDEX TO NOTES. 
 
 WRIT AND PROCESS, II. a.— cont'd. 
 
 Motion to quash summons or set aside serv- 
 ice as extending time to plead. 47 
 L.R.A.(N.S.) 855. 
 
 Riglit to break and enter dwelling to serve 
 civil writ of process. L.R.A.1916D, 281. 
 
 Right of officer executing criminal process 
 to take possession of evidentiary ar- 
 ticles. L.R.A.191GC, 1017. 
 
 Services of writ or process by telephone. 
 L.R.A.1915D, 427. 
 
 Necessity and sufficiency of service of notice 
 of application for alimony or support 
 or for change of allowance in that re- 
 gard after decree of divorce or separa- 
 tion. L.R.A.1915B, 674. 
 
 § 13. On nonresident. 
 
 Constructive service, see infra, § 18. 
 
 Right to serve process in action against cor- 
 poration upon nonresident officer who 
 is within state as a party. 52 L.R.A. 
 (N.S.) 583. 
 
 1>. Constructive or substituted service. 
 
 1. In general. 
 
 § 15. Generally. 
 
 Applicability of doctrine of idem sonans 
 to substituted or constructive service 
 of process. L.R.A.1915B, 1149. 
 
 Effect of absence of personal service on va- 
 lidity of the Torrens Law. L.R.A. 
 1916D, 16. 
 
 § 18. On nonresident. 
 
 Sufficiency of constructive service on alien 
 enemy. 5 B. R. C. 594. 
 
 May jurisdiction of suit to determine in- 
 terests of partners or cotenants in real 
 property within state rest upon con- 
 structive service upon nonresident. 52 
 L.R.A.(N.S.) 1061. 
 
 S. By -publication. 
 
 % 20. In general. 
 
 Under the Torrens Law. L.R.A.1916D. 16. 
 
 Sufficiency of notice by publication to in- 
 sured of cancelation of fire policy. 50 
 L.R.A.(N.S.) 40. 
 
 § 21. Affidavit for. 
 
 Delay in procuring order for publication of 
 summons after making of affidavit. 47 
 L.R.A.(N.S.) 499. 
 
 c. Service on corporation. 
 
 1. In general. 
 
 § 23. On servant, agent, or officer. 
 
 Of foreign corporation, see infra, §§ 25, 26. 
 
 Service of process, after appointment of re- 
 ceiver, vipon person designated by 
 statute to receive service for cor- 
 poration. 47 L.R.A.{N.S.) 179. 
 Action against corporation. 47 L.R.A. 
 (N.S.) 180. 
 Foreign receiver. 47 L.R.A. (N. SI) 
 181. 
 
 WRIT AND PROCESS, II. c, l—cont'd. 
 Action against receiver. 47 L.R.A. 
 (N.S.) 181. 
 Federal receiver. 47 L.R.A. (N.S.) 
 181. 
 Service of process on railroad or steamship 
 company by delivery to station or tick- 
 et agent. L.R.A.1916r, 4.5;!. 
 
 2. Foreign corporations. 
 
 % 21. Generally. 
 
 Transactions pursuant to agreement with 
 local dealer to sell product of foreign 
 corporation within state as doing busi- 
 ness therein, rendering corporation sub- 
 ject to service of process. 44 L.R.A. 
 (N.S.) 1097. 
 
 Soliciting trade as doing business with the 
 state so as to authorize service against. 
 L.R.A.1916E, 236. 
 
 § 25. Who may be served. 
 
 Service of process after appointment of re- 
 ceiver upon person designated by stat- 
 ute to receive service for corporation. 
 47 L.R.A.(N.S.1 179. 
 
 Service of process in action not arising out 
 of business transacted within the state, 
 upon the agent of a foreign corporation, 
 appointed pursuant to statute to re- 
 ceive service. L.R.A.1916F, 410. 
 
 Service of process on railroad or steam- 
 ship companv by delivery to station or 
 ticket agent.' L.R.A.1916F, 453. 
 
 § 26. —officer. 
 
 Validity of service of process against for- 
 eign corporation on resident officer. 
 L.R.A.1916E, 244. 
 Validity of service upon nonresident officer 
 of foreign corporation while in 
 state in connection with transac- 
 tion to which the action relates. 
 43 L.R.A. (N.S.) 1015. 
 What constitutes doing business in 
 
 state. 43 L.R.A. (N.S.) 1018. 
 Where subject-matter of suit arose in 
 another state. 43 L.R.A. (N.S.) 
 1018. 
 Where fraudulently inveigled into the 
 state. 43 L.R.A. (N.S.) 1019. 
 Right to serve process in an action against 
 a corporation upon nonresident officer 
 who is within state as a party or wit- 
 ness. 52 L.R.A.(N.S.) 583. 
 
 d. Privilege; exemption, 
 § 31. 'Wb.o exempt. 
 
 § 32. — nonresident. 
 
 Nonresident suitor, see infra, § 34. 
 Nonresident witness, see infra, § 36. 
 Right of nonresident to exemption from 
 service of process while within jurisdio» 
 tion pursuant to condition of bail bond. 
 51 L.R.A.(N.S.) 328. 
 
 ^ 33. Suitor. 
 
 Begin with this booTc on every law question. 
 
INDEX TO NOTES. 
 
 tj31 
 
 WRIT AND PROCESS, II. d— cont'd. 
 § 34. — nonresident. 
 
 Right to serve process in action against n 
 corporation upon nonresident officer 
 wlio is within state as a party. 52 
 L.R.A.(N.S.) 583. 
 
 Exemption of suitor from service wliile in 
 an intermediate state en ronte to or 
 from trial. L.R.A.1916A, 738. 
 
 Exemption of nonresident party from serv- 
 ice of civil process while in state in 
 connection with case. L.R.A.19i3A, 
 694; L.R.A.1916E, 1173. 
 
 § 35. W^itnesses. 
 
 Service of process on witness as contempt 
 of court. L.R.A.1915D, 573. 
 
 § 36. — nonresident vritness. 
 
 Service of process on, as contempt of court. 
 L.R.A.]91oD, 573. 
 
 Right of nonresident to exemption from 
 service of process while witliin the ju- 
 risdiction pursuant to condition in bail 
 bond. 51 L.R.A.(N.S.) 328. 
 
 Right to serve process in an action against 
 corporation upon nonresident officer 
 who is within state as a witness. 52 
 L.R.A.(N.S.) 583. 
 
 Exemption of witnesses from service while 
 in an intermediate state en route to or 
 from trial. L.R.A.1916A, 738. 
 
 § 37. W^aiver of. 
 
 Of privilege of nonresident party. 
 1916E, 1173. 
 
 L.R.A. 
 
 f. Liability of officer making. 
 
 § 39. Generally. 
 
 Right to break and enter dwelling to serve 
 civil writ of process. L.R.A.1916D, 
 281. 
 
 General rule. L.R.A.1916D, 282. 
 
 What constitutes outer door. L.R.A. 
 1916D, 288. 
 
 What constitutes breaking and entry. 
 L.R.A.1916D, 290. 
 
 Persons protected by outer door. L.R.A. 
 1916D, 292. 
 
 To complete levy or retake person ar- 
 rested on civil process. L.R.A. 
 1916D, 293. 
 
 Inner doors. L.R.A.1916D, 295. 
 
 Effect of levy or service. L.R.A. 1910D, 
 297. 
 
 III. Return. 
 
 § 41. Generally. 
 
 Sufficiency of return attacked as showing a 
 joint service rather than a several 
 service. 49 L.R.A. (N.S.) 946. 
 Texas eases. 49 L.R.A. (N.S.) 947. 
 
 WKIT OF ASSISTANCE. 
 
 See Assistance. 
 
 Consult also L.R.A . Digests to date. 
 
 'WRONGDOERS. • 
 
 Joint wrongdoers, see Joint Ckeditobs and 
 Debtoes. 
 
 W^RONGFUL ARREST. 
 
 Liability for making, see Abrest; False 
 Imprisonment. 
 
 ♦ »» 
 
 \(rRONGFUL ATTACHMENT. 
 
 Damages for, see Attachment, § 17. 
 
 WRONG MEDICAL TREATMENT. 
 
 As defense to prosecution for homicide, see 
 
 Homicide, § 25. 
 Effect of, on liability on insurance policy, 
 
 see Insurance, § 162. 
 
 X-RAY. 
 
 Photographs by. 51 L.R.A. (N.S.) 858. 
 Liability of physician for injuries resulting 
 
 from X-ray treatment. 43 L.R.A. ( N.S. ) 
 
 734. 
 Power to compel plaintiff to submit to X- 
 
 ray examination. L.R.A. 1915E, 938. 
 
 YARDS. 
 
 Effect of constitutional or statutory provi- 
 sion exempting yards from condemna- 
 tion proceedings. L.R.A.1916A, 1100. 
 
 Application to employees in, of statutes ab- 
 rogating fellow-servant rule. 47 L.R.A. 
 (N.S.) 117. 
 
 YEAR'S SUPPORT. 
 
 Widow's right to, out of insurance. 46 
 
 L.R.A.(N.S.) 788. 
 
 YOUNG MEN'S CHRISTIAN ASSO- 
 CIATION. 
 
 Exemption from property taxation of prop- 
 erty of, L.R.A.1916D, 275. 
 
 YOUNG WOMEN'S CHRISTIAN 
 SOCIATION. 
 
 AS- 
 
 Exemption from property taxation oi prop- 
 erty of. L.R.A.1916D, 275. 
 
TABLE OF 
 SUPPLEMENTED L.R.A. NOTES. 
 
 In the first column of this table, arranged in order of volumes and pages, 
 will be found those L.R.A. notes that have been afterwards supplemented 
 in volumes prior to L.R.A.1917A, and opposite them, in the parallel col- 
 umn, appear the supplementary notes. 
 
 In every instance, whether all or only part of a note has been supple- 
 mented, the initial page of that note appears in proper sequence in the 
 left hand column. FigTires in parenthesis following the initial page, on 
 the same line or on the next indented line, refer to a later page of the same 
 note and indicate that only the part or subdivision of the note which begins 
 on that page is supplemented by the corresponding note in the right hand 
 column. In a few instances, a word or phrase in parenthesis has been used 
 to indicate the part of the note that has been supplemented. 
 
 In the second column the colon between the volume and page numbers 
 represents the letters "L.R.A." 
 
 This table is for quick reference by one who is using any L.R.A. note 
 and wishes to know on the instant whether or not it has been supplemented 
 later. It is not in any sense a substitute for the Index to Notes. In addi- 
 tion to annotation which specifically supplements an earlier note, other 
 kindred, collateral, or closely related annotations may be found in the Index 
 to Notes which will prove very valuable. 
 
 1 L.R.A. 
 
 131 13: 374. 
 
 143 (145) 17: 130. 
 
 10: 53. 
 
 191 (192) 4: 717. 
 
 285 20 : 765. 
 
 432 12: 73. 
 
 2 L.RJV. 
 
 129 (130) 19:(X.K.)273. 
 
 153 (154) 14: 264. 
 
 166 19: 339. 
 
 285 14: 300 
 
 20: 6.35. 
 
 350 16: 60. 
 
 520 (521) 36: (X.S.)547. 
 
 688 (670) 12: 161. 
 
 27:(N.S.)62. 
 
 733 (734) 4: 717. 
 
 798 (801) 16: 730. 
 
 825 33:(N.S.)606. 
 
 844 54: 231. 
 
 45:(N.S.)982. 
 
 L.R.A. 
 
 174 (175) 17 
 
 224, 
 230. 
 
 247. 
 .385. 
 609. 
 
 .14 
 .18 
 19 
 .14 
 .17 
 .12 
 
 4 L.K.A. 
 
 33(41) 67; 
 
 .34: 
 38: 
 
 ,51 13: 
 
 117. 
 
 209. 
 555. 
 572. 
 680. 
 738. 
 
 .27; 
 
 30 
 ..59 
 .14; 
 .12; 
 .14 
 .12; 
 
 27 
 
 633 
 
 474. 
 
 193. 
 
 171. 
 
 700. 
 
 371. 
 
 79. 
 
 486. 
 
 33. 
 
 (X.'s.)261. 
 
 (X.S.)40. 
 
 374. 
 
 (X.S.)1158. 
 
 (X.S.)914. 
 
 90. 
 
 721. 
 
 486. 
 
 193. 
 
 161. 
 
 (X.S.)62. 
 
634 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 4 L.R.A.— cont'd. 
 
 785(791) 12:220. 
 
 13:(N.S.)197. 
 
 793 18: 792. 
 
 850 (851) 16: 819. 
 
 5 L.R.A. 
 
 143 (144) 20:(N:S.)689. 
 
 253 (255) 20: (N.S.)689. 
 
 270 (273) 17: 211. 
 
 276 (289) 23: 131. 
 
 759 (760) 24: 231. 
 
 765 22: 808. 
 
 817 (818) 18: 105. 
 
 6 L.K.A. 
 
 33 (35) 17: 273. 
 
 (45,46) 17: 272. 
 
 (47) 17: 270. 
 
 75 (76) 13: 374. 
 
 161 (162) 5: (N.S.)340. 
 
 167 27:(N.S.)25. 
 
 545 17: 79. 
 
 579 13: 197. 
 
 610 (611) 25: 275. 
 
 621 21: 789. 
 
 788 14: 230. 
 
 30:(N.S.)319. 
 43:(N.S.)97. 
 
 813 3:(N.S.)334. 
 
 4:(N.S.)366. 
 838 17: 272. 
 
 7 L.H.A. 
 
 327 39: (N.S.)844. 
 
 498 14: 193. 
 
 500 18: 792. 
 
 765 14: 69. 
 
 826 25:566. 
 
 8 L.R.A. 
 
 414 14: 862. 
 
 443 18: 79. 
 
 490 (491) 1:(N.S.)279. 
 
 494 (495) '....17: 79. , 
 
 640 (643) 17: 130. 
 
 19:53. 
 687 25:566. 
 
 9 I..R.A. 
 
 69 24: 584. 
 
 140 (143) 2:(N.S.)1052, 
 
 1063. 
 41:(N.S.)695. 
 
 321 36:(N.S.)547. 
 
 589..; 14: 579. 
 
 593 16: 526. 
 
 10 L.R.A. 
 
 129 14: 585. 
 
 60: 330. 
 
 178 (180) 20: (N.S.)689. 
 
 193 (194) 14: 268. 
 
 15:(N.S.)711. 
 366 41:(N.S.)683. 
 
 1916B, 827. 
 
 369 36: (N.S.)464. 
 
 401 17 : 270. 
 
 411 16: 668. 
 
 473 (476) 20: (N.S.)689. 
 
 507 (508) 21: 550. 
 
 10 L.R.A.— cont'd. 
 
 550 
 
 653 
 
 676 f677) 
 
 (679) 
 
 734 (738) 
 
 816 
 
 ...51: 863. 
 ...17: 79. 
 ...17: 326. 
 ..-.17: 328. 
 
 ...20:(N.S.)689. 
 ...15:(N.S.)73. 
 
 11 L.R.A. 
 
 43 (50) 47: 33. 
 
 39:(N.S.)487. 
 
 63 14: 193. 
 
 185 15:(N.S.)73. 
 
 285 22:(N.S.)«5. 
 
 305 27:/N.S.)1158. 
 
 30:(N.S.)914. 
 
 460 25: 291. 
 
 634 14: 370. 
 
 14: 381. 
 
 15: 377. 
 684(686) ;....18: 171. 
 
 19: 700. 
 
 687 2:(N.S.)285. 
 
 817 41: (N.S.)73D. 
 
 839 21: 217. 
 
 845 (847) 20: 765. 
 
 12 L.R.A. 
 
 140 36: 539. 
 
 161 27:(N.S.)62. 
 
 168 20: 765. 
 
 206 22: 372. 
 
 220 13:(N.S.)197. 
 
 342 13: 374. 
 
 781 (783) 45: 394. 
 
 810 22: 808. 
 
 13 L.R.A. X, 
 
 177 :!?X. ..17: 243. 
 
 36:(N.S.)881. 
 217 14: 69. 
 
 14:(N.S.)112. 
 (legislative power) .16: 695. 
 
 388 47:(N.S.)668. 
 
 712 32: 43. 
 
 721 38: 208. 
 
 5:(N.S.)415. 
 
 27:(N.S.)532. 
 
 761 47: 820. 
 
 796 (797) 49: 156. 
 
 844 2:(N.S.)152. 
 
 14 L.R.A. 
 
 
 69 
 
 14:(N.S.)112. 
 
 78 
 
 20:(N.S.)58. 
 
 103 
 
 7:(N.S.)617. 
 
 128 
 
 19: 206. 
 
 
 47:(N.S.)fiill. 
 
 138 
 
 27:(N.S.)92. 
 
 
 44:(N.S.)164. 
 
 151(156) 
 
 26:802. 
 
 160 
 
 26:(N.S.)1126 
 
 
 1916D, 1063. 
 
 208 
 
 13:(N.S.)1141 
 
 230.... 
 
 30:(N.S.)319. 
 
 
 43:(N.S.)97. 
 
 268 
 
 15:(N.S.)711. 
 
 300 
 
 20: 635. 
 
 325 
 
 17: 853. 
 
 
 21: 798: 
 
 370 
 
 36:(N.S.)1115 
 
TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 635 
 
 14 L.R.A.— cont'd. 
 
 3«1 15:377. 
 
 3S0 60:496. 
 
 459 1915D, 458. 
 
 466 23: (N.S.)463. 
 
 1915E, 936. 
 
 540 16:(N.S.)98. 
 
 34:(N.S.)940. 
 1915E, 186. 
 
 18: 449. 
 
 (560) 19: 643. 
 
 1915B, 770. 
 
 (692,693) 1915D,982. 
 
 8:(N.S.)656. 
 
 (738) 4:(N.S.)485. 
 
 32:(N.S.)1201. 
 1915E; 668. 
 
 (740) 21:297. 
 
 23:(N.S.)1056. 
 
 1916E, 68. 
 
 4:(X.S.)80. 
 
 16:(N.S.)1129. 
 
 27: 195. 
 
 (792) 44: 795. 
 
 15: 783. 
 
 (830) 65: 763. 
 
 65: 854. 
 
 548 
 556 
 685 
 690 
 733 
 737 
 
 745 
 781 
 
 791 
 
 792 
 828 
 
 15 L.R.A. 
 
 33 (35) 13:(X.S.)601. 
 
 29:(X.S.)808. 
 
 1916C, 364. 
 
 93 43:(X.S.)824. 
 
 160 10:(N.S.)177. 
 
 21:(N.S.)178. 
 
 39:(N.S.)744. 
 
 190 52: (N.S.)369. 
 
 249 40:510,519. 
 
 19:(N.S.)835. 
 
 28:(N.S.)673. 
 
 1915C, 359. 
 
 296 (298) 66: 51. 
 
 347 19150,664. 
 
 395 (396) 43:(N.S.)207. 
 
 413 37:(\.S.)281. 
 
 456 18: 456. 
 
 459 21 : (X.S.)977. 
 
 487 16 : (X.S.) 193. 
 
 509 : . .43: (X.S.)565. 
 
 531 7:(N.S.)582. 
 
 40:(N.S.)585.. 
 
 1916D, 1276. 
 
 542 59: 181. 
 
 583 (585, amount) 56: 312. 
 
 (585, party) 56: 211. 
 
 18:(X.S.)1252. 
 612 19: 658. 
 
 11:(N.S.)930. 
 28:(N.S.)757. 
 
 37:(N.S.)1115. 
 
 635 17 : (N.S.)1126. 
 
 717 21:(N.S.)277. 
 
 722 14: (N.S.)556. 
 
 781 4:(N.S.)629. 
 
 44:(N.S.)68. 
 860 29: (N.S.)183. 
 
 16 L.R.A. 
 
 49 40:(N.S.)279. 
 
 91 50:(N.S.)42. 
 
 205 48:(N.S.)652. 
 
 16 L.R.A.— cont'd. 
 
 268 (269) 17: 71. 
 
 395 16:(N.S.)621. 
 
 468 41:(N.S.)230. 
 
 497 59 : 146. 
 
 38:(N.S.)297. 
 
 516 39: (N.S.)847. 
 
 547 28: 849. 
 
 578 24: (X.S.)160. 
 
 600 36: (,X.S.)354. 
 
 191oD, 204. 
 
 627 32: (N.S.)1206. 
 
 646 5:(X.S.)860. 
 
 23:(N.S.)500. 
 
 677 15:(N.S.)674. 
 
 745 4 : (X.S.)427. 
 
 33: (X.S.) 883. 
 
 1915A, 521. 
 
 17 L.R.A. 
 
 81 (82) . 
 129 (130) 
 
 188 
 
 225 
 
 243 (245) 
 254 
 
 275 
 
 (276) 
 296 
 
 330. 
 435. 
 
 474 (477) 
 
 (480, 
 (480, 
 
 494 
 
 549 
 
 691 
 
 705 
 
 792 
 
 853 
 
 14:(X.S.)431. 
 
 19: 53. 
 
 17:(N.S.)108. 
 
 47:(N.S.)309. 
 
 36:(N.S.)882. 
 
 14:(N.S.)998. 
 
 31:(N.S.)667. 
 1915D, 962. 
 
 41:(N.S.)430. 
 
 21: 213,222. 
 
 35:(N.S.)1210. 
 
 49:(N.S.)1108. 
 
 28:(N.S.)1124. 
 
 8:(N.S.)117. 
 
 33:(N.S.)139. 
 
 36:(N.S.)709, 
 
 718. 
 
 pipes) 7:(N.S.)506. 
 
 poles) 24: 721. 
 
 36: 724,733. 
 
 19160,196. 
 
 18:(N.S.)427. 
 
 39: 745. 
 
 12:(N.S.)310. 
 
 21: 789,798. 
 
 18 L.R.A. 
 
 45 5:(X.S.)680. 
 
 46:(X.S.)990. 
 
 63 19160,1033. 
 
 75 (77) 26: (X.S.) 1180. 
 
 100 20:(X.S.)742. 
 
 166 68: 699. 
 
 15:(N.S.)49. 
 
 170 (171) 19: 700. 
 
 224 27:(X.S.)461. 
 
 275 1916E, 1282. 
 
 305 30:(N.S.)85. 
 
 375 1916E,650. 
 
 449 (450) 28: (N.S.)66. 
 
 1916C, 1109. 
 
 473 (476) 39:(N.S.)967. 
 
 481 (482) 21:(N.S.)442. 
 
 491 (492) 26:(N.S.)614. 
 
 582 (584) 29: 845. 
 
 604 36: (N.S.)1181. 
 
 695 42: 175. 
 
 19160, 150. 
 
 19 L.R.A. 
 
 99..., 
 
 .17:(X.S.)648. 
 
636 
 
 TABLE OF SUPPLEMENTED L.E.A. NOTES. 
 
 19 L.R.A.— cont'd. 
 
 141 21: 796. 
 
 65: 38. 
 
 12:(N.S.)1130. 
 
 26:(N.S.)24:2. 
 
 35:(N.S.)628. 
 
 40:(N.S.)893. 
 
 177 42: (N.S.)877. 
 
 206 47 : (N.S.)811. 
 
 211 51: (N.S.)1048. 
 
 222 (225) 60: 331. 
 
 289 50: (N.S.)1197. 
 
 316 49: 203. 
 
 15:(N.S.)687. 
 
 331 41:(N.S.)187. . 
 
 342 1915F, 1093. 
 
 371 30: (N'.S.)278. 
 
 452 1:(X.S.)665. 
 
 577 67: 209. 
 
 3:(X;S.)608. 
 
 20:(N.S.)264. 
 
 1915F, 880. 
 
 (580) 36: 582. 
 
 594 38:(N.S.)474. 
 
 653 11: (N.S.)930. 
 
 18:(N'.S.)244. 
 
 28:(N".S.)757. 
 
 37:(N.S.)1115. 
 
 52:(N.S.)91. 
 
 665 1915A,400. 
 
 689 16:(N.S.)794. 
 
 721 13:(N.S.)278. 
 
 775 (false pretenses) . . .49: (N.S.)835, 
 
 837. 
 792 64: 119. 
 
 51:(N.S.)907. 
 
 814 59: 162. 
 
 858 39: 672. 
 
 25:(N.S.)251. 
 
 «0 L.R.A. 
 
 101 25:(N.S.)1194. 
 
 342 4:(N.S.)1121. 
 
 301 15:(N.S.)657. 
 
 434 22: 181. 
 
 35: 636. 
 
 487 19150,158. 
 
 5,38 16:(jSr.S.)1006. 
 
 668 32: 236. 
 
 737 31:(X.S.)636. 
 
 785 11:(N.S.)1018. 
 
 21:(X.S.)1005. 
 
 21 L.R.A. 
 
 33 (48) 69: 42. 
 
 71 25:(]Sr.S.)267. 
 
 76 18:(N.S.)320. 
 
 84 2:(N.S.)631. 
 
 25:(N.S.)193. 
 34:(N.S.)454. 
 
 146 43: (N.S.)634. 
 
 160 1915F, 587. 
 
 174 42:(N.S.)799. 
 
 206 1:(N.S.)474. 
 
 233 16:(N.S.)746. 
 
 28:(N.S.)615. 
 
 255 36:(N.S.)194. 
 
 265 20: (N.S.)656. 
 
 289 ; 9:(N.S.)407. 
 
 41:(N.S.)799. 
 1915B, 621. 
 
 21 L.R.A.— cont'd. 
 280 (205) 
 
 354.. 
 355.. 
 358.. 
 
 (297) 
 
 471. 
 485. 
 502. 
 
 (511) 
 623 (629) 
 662 
 
 729 
 
 776 
 
 789 (796) . . 
 
 (797) 
 
 829 
 
 22 L.R.A. 
 
 148 (149) 
 187 
 
 (189) 
 (195) 
 
 233 
 
 256 (257) 
 
 415 (428) 
 
 460 
 
 536 
 
 (540) 
 561 
 
 , 5:(N.S.)1012. 
 
 38:(N.S.)259. 
 .23:(N.S.)1056. 
 .22:(N.S.)741. 
 .29:(N.S.)846. 
 .24: 711. 
 
 22:(X.S.)742, 
 755. 
 .67: 33,60. 
 .21:(N.S.)286. 
 .31:(N.S.)132. 
 
 50:(N.S.)1040. 
 .31:(N.S.)138. 
 .23:(N.S.)1124. 
 .27:(N.S.)522. 
 
 1915B, 247. 
 .46:(N.S.)3. 
 .25:(N.S.)257. 
 .65: 38. 
 
 12:(N.S.)1130. 
 
 26:(N".S.)242. 
 
 35:(N.S.)628. 
 
 40:(N.S.)893. 
 .28: 344. 
 
 15:(N.S.)350. 
 
 27:(N".S.)255. 
 
 35:(N.S.)549. 
 .33:(N.S.)923. 
 
 594 
 
 649 ... . 
 663.... 
 
 794... 
 824. . . 
 
 23 L.R.A. 
 
 33 
 
 (44) . 
 120 (124) 
 146 
 
 .1916D, 132. 
 
 .15:(N.S.)868. 
 
 31:(N.S.)783. 
 
 34:(N.S.)737. 
 .15:(X.S.)856. 
 .15:(N.S.)884. 
 .43:(y.S.)262. 
 ..30:(X.S.)1. 
 
 46:(N.S.)1096. 
 .36:(jSr.S.)68. 
 . 8:(N.s.)6o6. 
 . 8:(N.S.)350. 
 .23: 158. 
 . 6:(N.S.)005. 
 
 20:(X.S.)753. 
 
 34:(N.S.)118. 
 
 1016B, 947. 
 .30: 317. 
 .13:(N.S.)820. 
 .13:(N.S.)561. 
 
 43:(N.S.)187. 
 
 1015F, 1125. 
 .31:(N.S.)632. 
 .52:(N.S.)142. 
 
 1016B, 1186. 
 
 
 157 
 
 215 
 
 239 
 
 301 (303) 
 
 313 
 
 325 (326) 
 
 .65: 353. 
 .65: 362. 
 
 .16:(N.S, 
 .61: 05. 
 6:(N.S. 
 
 21:(N.S. 
 
 36:(N.S. 
 
 52:(N.S, 
 .26: 198. 
 .40:(N.S, 
 .16:(N.S, 
 .36:(N.S 
 .25:(N".S, 
 .39:(N.S, 
 
 .)233. 
 
 )1171. 
 )1021. 
 )1045. 
 ,)402. 
 
 .)168. 
 )114. 
 )812. 
 .)394. 
 )658. 
 
TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 637 
 
 L.R.A. — cont'd 
 
 340 
 
 490 (496) 
 
 520 
 
 622 
 
 642 
 
 658 
 
 681. 
 
 . .40:(N.S.)1. 
 . .4:(N.S.)460. 
 . .47:(N.S.)1162. 
 ..19:(N.S.)531. 
 . .30:(N.S.)11,5. 
 . . 7:(N.S.)108. 
 
 36:(N.S.)1194. 
 
 1915A, 382. 
 
 12:(N.S.)1010. 
 
 707 45:(N.S.)349. 
 
 (712) 5:(N.S.)1002. 
 
 21:(N.S.)914. 
 39:(N.S.)1187. 
 
 737 26: (N.S.)232. 
 
 (743) 12:(N.S.)895. 
 
 26:(N.S.)237. 
 780 19:(N.S.)915. 
 
 S4 LJi. 
 
 64 
 
 A. 
 
 212. 
 295. 
 
 369 
 412 
 433 
 577 
 592 
 629 
 
 (413) 
 
 684 
 710 
 763 
 789 
 800 
 806 
 831 
 
 (634J . . , 
 
 (711) 
 (765) 
 
 . ..22:(N.S.)276. 
 
 38:(N.S.)272. 
 
 1915D, nil. 
 . ..46:(y.S.)409. 
 ...57: 88. 
 
 2:(X.S.)127. 
 
 10:(X.S.)(i93. 
 . . .26: :>>.)<). 
 . ..51:(X.S.)275. 
 , ..30:(X.S)1001. 
 . . .27:(X.S.)94. 
 . ..44:(X.S.)358. 
 . ..13:(N.S.)244. 
 
 19150,467. 
 . .34:(N.S.)1080. 
 . . .191oD, 856. 
 . .22:(N.S.)742. 
 . ..10:(X.S.)121. 
 . ..16:(N.!S.)947. 
 . . .42:(X.S.)183. 
 . . .24:(X.S.)639. 
 . . .57: 167,169. 
 
 25 L.R. 
 
 33 
 
 48-. 
 67 
 
 90. 
 152. 
 161. 
 257. 
 
 (68) 
 
 287 
 
 (274) 
 (289) 
 
 320. 
 341. 
 
 360. 
 
 386. 
 
 527. 
 593. 
 627. 
 759. 
 
 (393) 
 
 . 2:(N.S.)744. 
 .39:(N.S.)295. 
 .13:(N.S.)146. 
 
 39:(N.S.)46. 
 .18:(N.S.)1106. 
 .26: 728. 
 .35:(N'.S.)1016. 
 . 2:(X.S.)783. 
 . 9:(X.S.)49. 
 .51:(X.S.)618. 
 , 8:(X.S.)1069. 
 
 41:(X.S.)264. 
 .ini6E, 207. 
 .25: 349. 
 
 30:(X.S.)946. 
 
 51:(X.S.)825. 
 .40: 717. 
 
 (N.S.)1005. 
 (X.S.)6.51. 
 429. 
 
 (N.S.)756. 
 (X.S.)807. 
 ,16:(N.S.)555. 
 .25: 848. 
 
 32: 853. • 
 
 37: 
 . 7: 
 .50: 
 . 1: 
 .47: 
 
 25 L.R.A.— cont'd. 
 
 784 16:(X.S.)1103. 
 
 (786) 32:(N.S.)566. 
 
 41:(N.S.)274. 
 
 (790) 69: 513. 
 
 848 32: 853. 
 
 26 L.R. 
 
 48 
 
 153 
 197 
 237 
 340 
 
 A. 
 
 (52) 
 (201) 
 
 707 
 
 20:(N.S.)484. 
 
 37:(N.S.)539. 
 
 1915D, 1118. 
 
 20:(N.S.)489. 
 
 42:(N.S.)83. 
 
 36:(N:S.)1171. 
 
 22:(N.S.)484. 
 
 39:649,661, 
 
 667. 
 
 20:(N.S.)146. 
 
 1916C, 564. 
 
 28:(X.S.)1106. 
 
 32:(N".S.)968. 
 
 ini5E, 766. 
 
 .50:(N..S.)979. 
 
 36:(X.S.)341. 
 
 51:(X.S.)234. 
 
 43:(X'.S.)1066. 
 
 39: 68. 
 
 36:(N.S.)1115. 
 (711) 30:(N.S.)127. 
 
 366 
 504 
 
 544 
 581 
 
 638 
 
 659 (662) . . . 
 
 27 L.R.A. 
 
 56 42:(X.S.)1013. 
 
 82 41:(KS.)280. 
 
 92 44:(N.S.)164. 
 
 136 21 : (N.S.)228. 
 
 39:(X.S.)1007. 
 
 161 (169) 9: (X.S.)1035. 
 
 248 18:(XT.S.)441. 
 
 340 28: 99.105. 
 
 28: 136. 
 
 426 3(i : 539. 
 
 449 37: (N.S.)889. 
 
 540 21 : (X^S.)830. 
 
 1915D, 209. 
 
 669 25: (X\S.)1040. 
 
 33:(X".S.)336. 
 776 (788) 49:(N.S.)1215. 
 
 28 L.R.A. 
 
 249 12:(N.S.)112. 
 
 40:(X.S.)935. 
 (drains or sewers) . . 1915A, 129. 
 
 289 51: (X.S.)668. 
 
 344 15 : (X.S.)350. 
 
 27:(N.S.)255. 
 
 35:(X'.S.)!549. 
 
 51:(X.S.)1097. 
 433 25:(X.S.)343. 
 
 1916F,570. 
 (441) 12:(X.S.)670. 
 
 25:(X.S.)356. 
 546 4:(X.S.)49. 
 
 19150,789. 
 
 600 1916E,452. 
 
 829 29:(X.S.)224. 
 
 29 L.R.A. 
 
 33 12:(X.S.)240. 
 
 120 43:(X.S.)874. 
 
 154 24: (N.S.)369. 
 
 226 1:(N.S.)255. 
 
 (227, 242) 46: (N.S.)260. 
 
638 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 L.R.A.— cont'd. 
 
 305 
 
 337 
 
 485 (486) 
 
 541 (552) 
 
 685 , 
 
 761 
 
 786 (792) 
 
 i L.R.A; 
 
 161 , 
 
 186 , 
 
 206 , 
 
 305 (320) 
 
 (333) 
 
 (335) 
 
 . 3:(N.S.)1079. 
 .32:(N.S.)809. 
 
 1915E, 1023. 
 ,13:(N.S.)916. 
 
 1915D, 843. 
 .26:(N.S.)603. 
 
 1916C, 923, 929. 
 . 1:(N.S.)650. 
 .19150,1195. 
 .57: 57. 
 
 58: 564. 
 
 521. 
 
 560 (569-571) 
 
 609 
 
 737 
 
 31 L.R.A. 
 
 234 
 
 261. 
 321. 
 
 465. 
 489. 
 
 515 (519) 
 566 
 
 (589) 
 
 609 (646) 
 
 747 (763-770) 
 
 798 
 
 (806) . . . . 
 
 32 L.R.A. 
 
 116 
 
 142 
 
 (144) 
 
 177 
 
 208 
 
 293 
 
 (297) 
 
 403 .. . 
 465 .. . 
 543... 
 595... 
 
 715... 
 748.. . 
 
 33 L.R.A. 
 33... 
 
 118 
 
 177 (183) 
 
 .48:(N.S.)990. 
 .21:(N.S.)7e. 
 .48:(N.S.)525. 
 .33:(N.S.)166, 
 167. 
 .10:(N.S.)463. 
 
 1915C, 396. 
 .42:(N.S.)98. 
 .14:(N.S.)1003. 
 
 25:(N.S.)840. 
 
 1915A, 491. 
 .35:(N.S.)142. 
 .32:(N.S.)247. 
 . 4:(N.S.)213. 
 
 .16:(N.S.)878. 
 
 33:(N.S.)738. 
 
 49:(N.S.)132. 
 .31:(N.S.)813. 
 .50: 462. 
 
 12:(N.S.)853. 
 
 19:(N.S.)717. 
 
 23:(N.S.)954. 
 .1915F, 766. 
 .37:(N.S.)790, 
 796. 
 . 7:(N.S.)272. 
 .22:(N.S.)1169. 
 .32: 403. 
 
 22:(N.S.)1177. 
 .32: 71. 
 .35:(N.S.)142. 
 .36:(N.S.)220. 
 .14:(N.S.)654. 
 
 .24:(N.S.)1168. 
 .23:(N.S.)345. 
 
 .17:(N.S.)594. 
 .1915E,327. 
 .69: 682. 
 .46:(N.S.)72. 
 . 9:(N.S.)689. 
 44:(N".S.)544. 
 .22:(N.S.)1177. 
 .38:(N.S.)891. 
 .49:(N.S.)429. 
 .25:(N.S.)439. 
 .38:(N.S.)146. 
 .40:(N.S.)609. 
 
 . 4:(N.S.)782. 
 
 48:(N.S.)156. 
 .31:(N.S.)580. 
 .15:(N.S.)108. 
 
 25:(N.S.)1001. 
 
 33 L.R.A. — cont'd. 
 
 231 (after maturity) . 
 (before maturity) 
 (235) 
 
 266 
 
 (274, 281) 
 
 546 
 
 660 (665) 
 
 847 (848) . . . . 
 
 34 L.R.A. 
 
 110 
 
 137.. 
 
 (common carrier) . 
 
 (138) 
 
 161 
 
 193 
 
 398 
 
 481 
 
 509 
 
 609 
 
 (611) . . . . 
 
 634. 
 
 (665) 
 
 720 
 
 737 
 
 788 
 
 824 
 
 35 L.R,A. 
 33.... 
 
 .28:(N.S.)998. 
 .23:(N.S.)403. 
 .15:(N.S.)H65, 
 23:(N.S,)403. 
 .25:(N.S.)436. 
 .25:(N.S.)438. 
 .23:(N.S.)10. 
 .28:(N.S.)572. 
 .44:(N.S.) 50. 
 
 .25:(N.S.)234. 
 .1916D,1202. 
 .21:(N.S.)IS8. 
 .11:(N.S.)789. 
 
 28:(N.S.)450. 
 .39: 264. 
 .27:(N.S.)695. 
 .24:(N.S.)431. , 
 
 48:(N.S.)204. 
 .21:(N.S.)283. 
 
 48:(y.S.)823. 
 . 1:(N".S.)520. 
 .17:(N.S.)1161. 
 .46: 86. 
 
 17:(N.S.)1165. 
 .19158,645. 
 .17:(N.S.)1140. 
 
 1915B, 645. 
 .37:(N.S.)518. 
 
 1916E, 767. 
 .33:(N.S.)895. 
 . 8:(N.S.)384. 
 
 1915E, 1095. 
 .34:(N.S.)798. 
 
 48:(N.S.)917. 
 
 1916D, 1224. 
 
 68. 
 
 117... 
 141... 
 
 289 
 
 (298) 
 
 372 
 
 417 (421) 
 489 
 
 512 
 
 561 
 
 647 
 
 678 
 
 701 (705) 
 802 
 
 36 L.R.A. 
 
 92 
 
 139 
 
 196 (nonaupport) 
 232 
 
 293 
 
 413 (414) 
 
 434 
 
 .18:(N.S.)451. 
 
 32:(N.S.)303. 
 
 44:(N.S.)57. 
 
 1916F, 864. 
 .18:(N.S.)1259. 
 
 29:(N.S.)770. 
 .44:(N.S.)120. 
 .20:(N.S.)261. 
 
 41:(N.S.)315. 
 .49:(N.S.)1129. 
 .49:(N.S.)1142. 
 .30:(N.S.)761. 
 .1915A, 100. 
 . 9:(N.S.)579. 
 
 21:(N.S.)868. 
 .50:(N.S.)454. 
 .19150,558. 
 . 8:(N.S.)231. 
 . 1:(N.S.)188. 
 .45:(N.S.)1123. 
 .51:(N.S.)843. 
 
 .10:(N.S.)542. 
 .19:(N.S.)249. 
 .1916E,762. 
 .41:(N.S.)1009. 
 1915C, 661. 
 . 2:(N.S.)95. 
 .23:(N.S.)453. 
 .35:(N.S.)776. 
 
TABLE OF SUPPI4EMENTED L.R.A. NOTES. 
 
 C39 
 
 36 L.H.A.— cont'd. 
 405 (470) 
 
 582... 
 721... 
 781 . . . 
 
 37 L.R.A. 
 
 116... 
 
 (121) 
 
 207. 
 233, 
 
 261.. 
 301.. 
 423. . 
 518 . . 
 520.. 
 
 561 (575) 
 593 (610) 
 
 783 
 
 830 (836) 
 
 38 L.R.A. 
 
 97 (100) 
 
 208 
 
 (214) 
 
 305 (306) 
 (319) 
 (324) 
 (330) 
 (332) 
 
 433 
 
 529 
 
 .13:(N.S.)1024. 
 
 25:(N.S.)376. 
 
 52:(N.S.)230. 
 .47:(N.S.)689. 
 .44:(]Sr.S.)119. 
 .38:(N.S.)383. 
 
 . 1:(X.S.)477. 
 8:(N.S.)95. 
 
 35t(N-.S.)979. 
 
 1916A, 660. 
 .30:(N.S.)339. 
 
 1916A, 468. 
 .1916E, 1163. 
 .29:(N.S.)194. 
 
 1016F, 506. 
 .27:(N.S.)62. 
 .49:(N.s.)1026. 
 .46:(]Sf.S.)1028. 
 .29:(N".S.)10.5. 
 . 2:(N.S.)197, 
 1196. 
 .14:(N.S.)937. 
 .14:(N.S.)1210. 
 . 1:(N.S.)1147. 
 .1915C. 595. 
 
 577 
 
 640 (655) 
 
 687 
 
 721 (747) 
 786 
 
 39 L.R.A. 
 
 33 
 
 305 (.328) 
 
 491 
 
 551 
 
 . .46:(N.S.)188. 
 
 . .27:(N".S.)532. 
 
 . . 5:(N.S.)415. 
 
 1915F, 898. 
 
 .39: 621. 
 
 .20:(N.S.)1050. 
 
 .39:681. 
 
 . 9:(N.S.)1197. 
 . .39:(N.S.)266. 
 , .i50:(N.S.)864. 
 . .23:(N".S.)352. 
 29:(N".S.)635. 
 34:(N.S.)126. 
 
 .10: 1131. 
 , .28:(N.S.)122. 
 
 .52:(N.S.)171. 
 
 .39: 331. 
 
 .30:(X.S.)270. 
 
 581. 
 
 (590) 
 
 649 (661, 687) 
 
 (672) .. 
 715 (720) . . 
 
 737 
 
 775 
 
 40 L.R.A. 
 
 131 
 
 177. 
 
 .1916B, 1263. 
 .42: 767. 
 .67: 839. 
 .18:(N.S.)156. 
 
 32:(N.S.)5.54. 
 .60: 481,500. 
 
 1916E, 523. 
 . 3:(N.S.)997. 
 .20:(N.S.)146. 
 
 1916C, 564. 
 .25:(N.S.)251. 
 . 6:(N.S.)575. 
 .44:(N.S.)119. 
 .35:(N.S.)1090. 
 
 .47:(N.S.)730. 
 
 1916F, 101. 
 .62: 683. 
 
 25:(N.S.)831. 
 
 52:(N.S.)736. 
 
 40 L.RA..— cont'd. 
 432 .;.., 
 
 465 (470) 
 503 (510) 
 
 593 
 
 717 
 
 737 
 
 41 L.R.A. 
 
 321 (328) 
 371 (377) 
 
 422 
 
 494 
 
 .22:(N.S.)779. 
 
 27:(N.S.)ll64. 
 
 40:(ISr.S.)135. 
 .41: 322. 
 .19:(N.S.)8.S5. 
 
 28:(N.S.)673. 
 
 1915C, 359. 
 .22:(KS.)345. 
 .37:(N.S.)1005. 
 .38:(N.S.)818. 
 
 593 
 
 650 (660)' 
 
 42 L.R.A. 
 110 
 
 175 
 
 247 (256) 
 293 (294) 
 
 368 (394) 
 
 432 
 
 553 
 
 753 (768) 
 (771) 
 
 43 L.R.A. 
 
 33 (59) . 
 
 225 
 
 .42: 822. 
 .32:(N.S.)376. 
 .1«:(N.S.)658. 
 .64: 983,986. 
 
 35:(N.S.)824. 
 .50:(N.S.)266. 
 .16:(N.S.)786. 
 
 20:(N.S.)321. 
 
 33:(N.S.)419. 
 
 .11:(N.S.)1142. 
 .19160,150. 
 . 5:(N.S.)747. 
 . 4:(N'.S.)658. 
 1915A, 797. 
 .19158,703. 
 .35:(N.S.)870. 
 .23:(N.S.)1023. 
 .45:(N.S.)181. 
 .64: 317. 
 
 277 
 
 305 (371) 
 
 554 . 
 
 593 (609) 
 
 706 
 
 814 
 
 (816) 
 
 44 L.R.A. 
 
 177 (180) 
 321 (337) 
 
 (347) 
 
 400 
 
 527 
 
 593 (601)' 
 
 (605) 
 
 .14:(N.S.)862. 
 
 46:(N.S.)38. 
 . 8:(N.S.)108. 
 
 44:(N.S.)643. 
 .43:(N.S.)945. 
 . 9:(N.S.)972. 
 .25:(N.S.)126S. 
 . 3:(N.S.)576. 
 
 24:(N.S.)1182. 
 
 1915E, 714. 
 .14:(N.S.)464. 
 
 34:(N.S.)283. 
 .27:(N.S.)803. 
 .16:(N.S.)938. 
 
 .12:(N.S.)1173. 
 .23:(N.S.)164. 
 27:(]Sr.S.)195. 
 .21:(N.S.)328. 
 .16:(N.S.)728. 
 .1915F, 854. 
 . 9:(N.S.)933. 
 .46:(N.S.)129. 
 
 45 L.R.A. 
 
 33 (44) . 
 (48) .. 
 
 136 
 
 392 (394) 
 
 446 
 
 481 (496) 
 
 .24:(N. 
 
 .34: (N.I 
 
 .51: (N, 
 
 .12: (N. 
 
 35:(N, 
 
 .20: (N. 
 
 30: (N, 
 
 42:(N, 
 
 .37:(N. 
 
 S.)659. 
 
 S.)1047. 
 
 ,S.)373. 
 
 S.)768. 
 
 .S.)!563. 
 
 S.)185. 
 
 .S.)291. 
 
 ,S.)332. 
 
 S.)549. 
 
640 
 
 45 L.R.A.— cont'd. 
 541 
 
 647 (648) 
 
 687 (703) 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 (707) 
 
 737 (743) 
 
 (748) 
 
 (751) 
 
 800 
 
 46 L.R.A. 
 
 33 (86) . 
 
 322 
 
 641 
 
 (665) 
 
 753 (778) 
 
 (784) 
 
 47 L.R.A. 
 
 33 (44) . 
 289 (301) 
 512 
 
 593 
 
 637 
 
 696 
 
 806 
 
 .46:(N.S.)219. 
 .22:(N.S.)1013. 
 .15:(N.S.)1013. 
 39:(N.S.)671. 
 .1915F, 656. 
 . 3:(N.S.)584. 
 .10:(N.S.)947. 
 .19150,386. 
 .40:(N.S.)1197. 
 
 .17:(N.S.)1165. 
 
 .17:(N.S.)329. 
 
 .34:(N.S.)811. 
 
 .34:(N.S.)811. 
 
 .1915E, 395. 
 
 .50:(N.S.)83. 
 
 .39:(N.S.)487. 
 .42:(N.S.)158. 
 .24:(N.S.)1260. 
 
 34:(N.S.)1060. 
 .18:(N.S.)409. 
 
 34:(N.S.)141. 
 .30:(N.S.)231. 
 .48:(N.S.)906. 
 .32:(N.S.).730. 
 
 50 L.K. 
 
 371 
 501 
 
 577 
 
 714 
 
 836 
 
 A. — cont'd. 
 
 (374) 
 
 (583) 
 (595) 
 
 48 L.R.A. 
 
 68 16:(N.S.)715. 
 
 368 (392) 17:(N.S.)773. 
 
 40:(N.S.)913. 
 
 465 1915D,927. 
 
 542 23: (N.S.)1014. 
 
 30:(N.S.)453. 
 
 625 (638) 56: 208. 
 
 691 61: 694. 
 
 753 30 : (N.S.)436. 
 
 49 L.R.A. 
 
 
 
 1915A, 722. 
 
 153 (158) 
 
 41:(N.S.)1053. 
 
 
 
 193 
 
 15:(.N.S.)686. 
 
 53 L.R.A. 
 
 
 (212) 
 
 15:(N.S.)689. 
 
 33 
 
 30~:(X.S.)483. 
 
 
 38:(N.S.)1160. 
 
 (91) 
 
 27:(X.S.)639. 
 
 353 
 
 2:(N.S.)672. 
 
 
 49:(N.S.)927. 
 
 (379) 
 
 8:(N.S.)917. 
 
 52:(N.S.)843. 
 
 193 
 
 15:(X.S.)1277. 
 
 353 
 
 26:(X.S.)520. 
 
 471 
 
 497 
 
 17:(N.S.)177. 
 
 19:(N.S.)700. 
 
 (366) 
 
 7:(N.S.)10o3. 
 
 33:(N.S.)741. 
 
 
 25:(N.S.)727. 
 
 432 
 
 38:(N.S.)255. 
 
 612 
 
 8:(N.S.)783. 
 
 1915E, 457. 
 
 732 
 
 24:(N.S.)1286. 
 
 891 (895, 903) . . . . 
 
 22:(N.S.)281. 
 
 679 
 
 1:(N.S.)242. 
 
 18:(N.S.)1221. 
 
 934 (939) 
 
 1916F, 206. 
 
 
 
 
 32:(N.S.)ai73. 
 
 54 L.R.A. 
 
 
 
 52:(N.S.)241. 
 
 33 
 
 13:(N.S.)742. 
 
 715 
 
 27:(N.S.)1069. 
 
 (52) 
 
 20:(N.S.)793. 
 
 781 
 
 1:(N.S.)208. 
 
 (71) 
 
 17:(N.S.)568. 
 
 
 22:(N.S.)163. 
 
 (124) 
 
 10:(N.S.)1103. 
 
 
 
 225.... 
 
 19:(N.S.)233. 
 
 50 L.R.A. 
 
 
 (231) 
 
 45:(N.S.)982. 
 
 33 
 
 26:(N.S.)451. 
 
 (233) 
 
 14:(N.S.)1172. 
 
 
 30:(N.S.)990. 
 
 440 
 
 2:(N.S.)666. 
 
 
 41:(N.S.)123. 
 
 
 25:(N.S.)596. 
 
 
 46:(N.S.)148. 
 
 
 1915B,1121. 
 
 75 
 
 17:(N.S.)514. 
 
 (448) 
 
 25:(N.S.)600. 
 
 
 38:(N.S.)1111. 
 
 513 
 
 40:(X.S.)249. 
 
 161 
 
 36:(N.S.)240. 
 
 673., 
 
 50:(N.S.)78. 
 
 
 51:(N.S.)319. 
 
 718 
 
 7:(N.S.)1114. 
 
 (841) 
 
 :.A. 
 
 .38:(N.S.)514. 
 .31:(N.S.)491. 
 
 1915D, 300. 
 .59: 178. 
 .35:(N.S.)312. 
 .24:(N.S.)490. 
 
 51:(N.S.)1069. 
 .16:(N.S.)280. 
 .17:(N.S.)945. ' 
 
 51 L.R.. 
 
 33 20:(N.S.)942. 
 
 193 42: (N.S.)69. 
 
 1915B, 505. 
 
 (222) 33 : (N.S.)275. 
 
 320 1916C, 1094. 
 
 (330) 17:(N.S.)124. 
 
 19160, 1097. 
 
 353 9: (N.S.)174. 
 
 43:(X.S.)639. 
 
 (360) 37:(N.S.)944. 
 
 (381) 57: 57. 
 
 657 1916D, 1020. 
 
 •698 (706) 28: (N.S.)337. 
 
 (713) 1915F, 759. 
 
 52 L.R.A. 
 
 33 (47) 13: (N.S.)253. 
 
 (54) 46:(N.S.)470. 
 
 106 38: (N.S.)994. 
 
 165 40: (N.S.)698, 
 
 704, 
 732 
 
 (187) 40: (N.S.)408', 
 
 417. 
 
 448 ■ 15: (X.S.)840. 
 
 545 (578, 595) 36 : (X.S.) 899. 
 
 790 1: (N.S.)lllO. 
 
 10:(X.S.)706. 
 37:(N.S.)409. 
 
TABLE OF SUPPLEJIENTED L.R.A. NOTES. 
 
 641 
 
 54 L.R.A.— cont'd. 
 865 
 
 934 
 
 55 L.H.A. 
 
 122 (136) . 
 
 353 
 
 381 
 
 418 
 
 (424 ) . 
 513 (530) . 
 650 
 
 . 9:(N.S.)224. 
 
 38:(N.S.)941. 
 . 3:(N.S.)473. 
 
 21:(N.S.)267. 
 
 713 
 
 751 
 
 56 L.R.A. 
 
 33 (77) 
 
 193 
 
 (211) .... 
 
 301 
 
 353 (358) 
 
 (3G0) 
 
 (367) ^.. 
 
 (375) 
 
 (400) 
 
 (414,415) 
 (421) .... 
 (434) .... 
 
 .1916A 
 .34:(N. 
 ,19:(N 
 .36:(N.; 
 .36:(N. 
 .34: (N, 
 .43:(N 
 1915E, 
 .1915C, 
 .39: (N. 
 
 982. 
 
 S.)510. 
 
 S.)84. 
 
 S.)957. 
 
 S.)957. 
 
 S.)615. 
 
 S.)806. 
 
 281. 
 
 681. 
 
 S.)173. 
 
 (441) 
 
 (445) 
 
 513 (538) 
 
 784 
 
 905. 
 
 . 4:(N. 
 
 27 : (N 
 .40: (N, 
 
 1!)15F,I 
 .18:(N. 
 .62: 37 
 .40: (N, 
 .50: (N.I 
 .52:(N. 
 .21:(N. 
 .30:(N. 
 .30: (N. 
 . 1:(N. 
 .16: (N. 
 
 52: (N 
 .37: (N, 
 .52:(N., 
 .44: (N 
 .39:(N., 
 
 1915E 
 .27:(N, 
 
 S.)786. 
 ,S.)550. 
 S.)1095. 
 955. 
 
 S.)1252. 
 
 S.)1195. 
 S.)1167. 
 S.)910. 
 S.)840. 
 S.)391. 
 S.)39S. 
 S.)419. 
 S.)C60. 
 S.)153. 
 S.)252. 
 S.)152. 
 S.)871. 
 S.)1182. 
 618. 
 S.)1086. 
 
 57 L.R.A. 
 
 33 (57) 58: 564,568. 
 
 (88) 10:(N.S.)693. 
 
 155 11 : (N.S.) 1082. 
 
 17:(N.S.)800. 
 
 26: (N.S.) 179. 
 
 28:(N.S.)753. 
 
 43:(N.S.)355. 
 
 353 29:(N.S.)781. 
 
 432 46: (N.S.) 1150. 
 
 513 26:(N.S.)764. 
 
 26: (N.S.) 774. 
 
 1916A, 105^. 
 
 583 44:(N.S.)505. 
 
 643 (651) 1916F, 358. 
 
 673 35 : (N.S.)574. 
 
 784 20:(N.S.)1133. 
 
 817 1915F,1036. 
 
 875 1916A, 1191. 
 
 932 9:(N.S.)426. 
 
 US L.R.A. 
 
 33 26:(N.S.)973. 
 
 (railroads) 1915A, 129. 
 
 (47) ... 
 
 155 
 
 293 (295, reservation) 
 
 (299) 
 
 ..16: (N.S.) 146. 
 
 21:(N.S.)601. 
 . .30:(N.S.)360. 
 . .19:(N.S.)618. 
 
 1915E, 800. 
 . .24:(N.S.)451. 
 
 58 L.R.A.— cont'd. 
 321 (municipality) 
 
 (328) 
 
 513 (589) 
 
 673. 
 788. 
 
 (599) 
 (600) 
 
 833. 
 
 ..20: (N.S.) 656. 
 
 20: (N.S.) 201. 
 
 . . 9:(N.S.)598. 
 
 28: (N.S.) 200. 
 
 51:(N.S.)309. 
 
 , .15:(X.S.)952. 
 
 30:(N.S.)705. 
 
 , .19150,380. 
 
 .30:(N.S.)704. 
 
 .35:(N.S.)227. 
 
 .26:(y.S.)8]6. 
 
 28:(N.S.)S25, 
 
 904. 
 
 .38:(X.S.)1000. 
 
 59 L.R.A. 
 
 33 
 
 135 
 
 (146, 148, 163) 
 
 .51 
 .23 
 .38 
 
 465. 
 
 513.. , 
 
 604.. 
 673.. 
 
 817.. 
 
 (162) 
 
 (177) 
 
 .18 
 .39 
 . 8 
 34 
 
 :(X.S.)1172. 
 
 :(N.S.)1254. 
 
 :(X.S.)297. 
 298. 
 
 :(N.S.)647. 
 
 :(N.S.)988. 
 
 : (N.S.) 762. 
 
 :(X.S.)58. 
 1915B, 834. 
 1916E, 715. 
 30: (N.S.) 462. 
 52: (N.S.) 574. 
 1916D, 831. 
 37: (N.S.) 1058. 
 52:(N.S.)988. , 
 28: (N.S.) 156. 
 
 eo L.R.A. 
 
 294 
 
 321 (366) '. 
 
 481 ....:. . 
 
 (500) . 
 
 (502) . 
 
 (tidal) 
 
 (512) . 
 641 (664) . 
 850 
 
 .51:(X 
 .15: (X' 
 
 30:(X 
 .26: (X 
 .1916E 
 .41: (N, 
 .31:(X 
 ..31:(X. 
 .39: (X. 
 . 1:(X, 
 
 1915A 
 
 .S.)534. 
 
 .S.)952. 
 
 .S.)704. 
 
 ..S.)794. 
 
 ,523. 
 
 .S.)469. 
 
 .S.).39fli. 
 
 ,S.)434. 
 
 S.)1051. 
 
 ,S.)766. 
 
 ,1118. 
 
 61 L.R.A. 
 
 33 (58) . . , 
 (58) . . . 
 (95) ... 
 
 (95) . . . 
 
 (105) . . 
 
 (107) 
 (115) 
 
 193 
 
 277 (287) 
 583 
 
 .23: (N. 
 .25:(X. 
 .25: (X. 
 
 36: (X. 
 .36: (X 
 
 52: (X 
 .31: (X. 
 
 40: (N 
 ..39:(N. 
 .39: (X 
 
 621 
 
 673 (694) . . 
 
 .19: (X 
 .1915D, 
 
 . 7:(X 
 19: (X 
 20: (X, 
 43: (X. 
 7:(N. 
 19: (N. 
 
 .25: (N. 
 30: (N, 
 44: (X. 
 1916F, 
 
 .20:(X.l 
 47: (X 
 
 S.)204. 
 .S.)239. 
 .S.)239. 
 S.)1045. 
 S.)1045. 
 ,S.)402. 
 S.)301. 
 .S.)263. 
 S.)814. 
 R.)814. 
 S.)665. 
 201. 
 .S.)424. 
 S.)516. 
 S.)635. 
 S.)1116. 
 S.)424. 
 S.)516. 
 S.)50. 
 S.)694. 
 S.)156. 
 286. 
 
 S.)1050. 
 S.)139. 
 
642 
 
 TABLE OF SUPPLEMENTED L.E.A. NOTES. 
 
 ei L.H.A.— cont'd. 
 
 746 1916F,856. 
 
 833 (865) 1915E, 687. 
 
 62 L.R.A. 
 
 33 
 
 193 (incest) 
 
 (rape) 
 
 (sodomy) 
 
 (false pretenses) 
 
 (forgery) 
 
 (embezzlement) . 
 
 (larceny) 
 
 (arson) 
 
 (bribery) ...... 
 
 673 (683) 
 
 (714) 
 
 795(797) .... 
 
 (798, 802) 
 817 (861) 
 
 (866) .... 
 
 (870) . . . . 
 
 (873) .... 
 974 
 
 .1916D, 750. 
 
 .26:(N.S.)466. 
 
 .48:(N.S.)236. 
 
 .46:(N.S.)266. 
 
 .43:(N.S.)667. 
 
 .43:(N.S.)754. 
 
 .43:(1^.S.)774. 
 
 .43:(N.S.)777. 
 
 .1915A,809. 
 
 .19158,103. 
 
 .25:(N.S.)831. 
 
 52:(N.S.)736. 
 . 5:(N.S.)899. 
 
 19:(N.S.)561. 
 
 27:(N.S.)966. 
 
 48:(N.S.)893. 
 . 6:(N.S.)928. 
 .33:(N.S.)54. 
 .36:(N.S.)162. 
 .18:(N.S.)520. 
 .34:(N.S.)1004. 
 .41:(N.S.)391. 
 .1915F, 820. 
 
 63 L.S.A. 
 
 163... 
 193 .. . 
 289... 
 
 353 (387) 
 
 513 
 
 (532) 
 
 616. 
 673. 
 833. 
 
 902 
 
 963 (984) 
 
 .18:(N.S.)520. 
 .16:(N.S.)645. 
 . 4:(N.S.)1118. 
 
 19160,222. 
 .45:(N.S.)219. 
 .18:(N.S.)874. 
 . 5:(N.S.)751. 
 
 23:(N.S.)648. 
 
 28:(N.S.)490. 
 
 20:(N.S.)795. 
 
 41:(N.S.)223. 
 .29:(N.S.)775. 
 .15:(N.S.)976. 
 .23:(N.S.)968. 
 
 52:(N.S.)275. 
 .49:(N.S.)580. 
 .36:(N.S.)162. 
 
 64 L.R.A. 
 
 33 (59) 38:(N.S.)907. 
 
 119 51:(N.S.)907. 
 
 160 46: (N.S.)650. 
 
 236 17:(N.S.)650. 
 
 23:(N.S.)331. 
 
 25:(N.S.)465. 
 
 37:(N.S.)193. ' 
 
 1915A 369 
 353 (356) 6 : (N.'s.) 940. 
 
 35:(N.S.)386. 
 
 474 (481) 3:(N.S.)929. 
 
 501.. 1 16:(N.S.)1026. 
 
 1915D, 838. 
 
 581 17: (N.S.)1113. 
 
 648 (665) 16:(N.S.)210. 
 
 689 (712) 11:(N.S.)368. 
 
 19:(N.S.)143. 
 
 30:(N.S.)580. 
 
 41:(N.S.)1034. 
 
 823 (833) 35: (N.S:)385. 
 
 977 (983,986) 35: (N.S.)824. 
 
 65 L.R.A. 
 
 33 12: (N.S.)1130. 
 
 26:(N.S.)242. 
 
 35:(N.S.)628. 
 
 40:(N.S.)893. 
 
 51:(N.S.)361. 
 
 1915F, 830. 
 177 (186) 21:(N.S.)679. 
 
 25:(N.S.)1285. 
 
 1916C, 666. 
 
 250 29:(N.S.)126. 
 
 316 (318) 1915E,203. 
 
 445 17:(N.S.)371. 
 
 (467) 13:(N.S.)1122. 
 
 16:(N.S.)816. 
 
 25:(N.S.)33. 
 
 529 47:(N.S.)279. 
 
 620 .17:(N.S.)758. 
 
 805 1915A, 121. 
 
 833 17:(N.S.)758. 
 
 (855) 66: 154. 
 
 953 41:(N.S.)366. 
 
 66 L.R.A. 
 
 119... 
 304... 
 353 .. . 
 657 .. . 
 798 .. . 
 
 67 L.R.A. 
 
 33... 
 
 87 (91) . 
 
 (92) . 
 153 
 
 (157) 
 209 
 
 253 
 
 426 
 
 529 (542) 
 
 (546) 
 
 565 
 
 656 
 
 705 (708) 
 
 783 
 
 6S L.R.A. 
 
 33 (rape) 
 
 , (larceny) . . . 
 
 .17:(N.S.)7g8. 
 
 .22:(N.S.)243. 
 
 .33:(N.S.)143. 
 
 .4S:(N.S.)1131. 
 
 .19158,280. 
 
 .34:(N.S.)261. 
 
 38:(N.S.)40. 
 .1915E,1205. 
 . 1915E, 1201. 
 .16:(N.S.)870. 
 .24:tN.S.)1283. 
 . 3:(N.S.)608. 
 
 20:(N.S.)264. 
 
 1915F, 880. 
 .37:(N.S.)1150.. 
 .43:(N.S.)419. 
 .45:(N.S.)71. 
 .45:(N.S.)145. 
 .37:(N.S.)172. 
 .20:(N.S.)996. 
 
 49:(N.S.)1159. 
 .38:(N.S.)787. 
 .49:(N.S.)83. 
 
 (arson) 
 
 (identification of 
 
 body) 
 
 285 
 
 447 (454) 
 
 673 (699) 
 
 799 
 
 69 L.R.A. 
 
 193 
 
 317 
 
 353 (375) 
 
 .19166,747. 
 .28:(N.S.)536. 
 
 1916B, 846. 
 .16:(N.S.)285., 
 
 1916D, 1299. 
 
 . 7:(N.S.)181. 
 .45:(N.S.)404. 
 .21:(N.S.)953. 
 
 39:(N.S.)n60. 
 .15:(N.S.)49- 
 . 2:(N.S.)725. 
 
 13:(N.S.)610. 
 
 29:(N.S.)813. 
 
 .12:(N.S.)220. 
 .18:(N.S.)431. 
 .23:(N.S.)776. 
 
TABLE OF SUPPLEMENTED L.E.A. NOTES. 
 
 643 
 
 69 L.E.A.- 
 
 673.. . 
 
 -cont'd. 
 
 892 (898) 
 
 70 L.R.A. 
 
 33 
 
 579 
 
 731 
 
 , .23:(N.S.)924. 
 
 27:(N.S.)420. 
 
 . .15:(N.S.)727. 
 
 ...33:(N.S.)465. 
 . .. 1:(N.S.)49. 
 
 32:(N.S.)371. 
 . ..18:(N.S.)297. 
 
 1 L.R.A.(N.S.) 
 
 49 9:(N.S.)988. 
 
 32:(N.S.)371. 
 
 137 11:(N.S.)670. 
 
 184 17:(N.S.)6S4. 
 
 40:(N.S.)875. 
 
 205 45:(N.S.)871. 
 
 48:(N.S.)1001. 
 
 208 33:(N.S.)807. 
 
 215 See Indexes to Notes 
 under •'Automo- 
 'biles." 
 
 242 18: (N.S.)1221. 
 
 32:(N.S.)1173. 
 52:(N.S.)241. 
 
 307 22: (N.S.)915. 
 
 364 6: (N.S.)1046. 
 
 35:(X.S.)611. 
 
 400 19 : (X.S.) 290. 
 
 427 3: (X,S.)1132. 
 
 19:(X.S.)772. 
 32:(X.S.)713. 
 42:(N.S.)1070. 
 1915F, 690. 
 
 439 7:(N.S.)609. 
 
 50:(N.S.)880. 
 
 477 8:(N.S.)95. 
 
 35:(N.S.)979. 
 1916A, 660. 
 
 540 25: (X.S.)946. 
 
 639 1915F, 1143. 
 
 660 28 : (X".S.) 934. 
 
 19] 6C, 255. 
 
 752 34: (N.S.)286. 
 
 766 1915A, 1118. 
 
 862 20: (X.K. ) 1164. 
 
 42:(X.S.;735. 
 
 936 27 : (N.S.)1151. 
 
 977 22 : (X.S. )701. 
 
 1024 3: (X.S.)508. 
 
 1110 10: (X.,S.)706. 
 
 37:(X.,S.)409. 
 1915A, 715. 
 
 1171 3: (X.S.)954. 
 
 1178 13: (X.S.)646. 
 
 1184 43: (N.S.)961. 
 
 1916E, 253. 
 
 1188 43: (N.S.)961. 
 
 1916E, 253. 
 
 1193 17 : (X.S.)1135. 
 
 48:(N.S.)294.. 
 
 2 I-.R.A.(N.S.) 
 
 95 25:(N.S.)180. 
 
 52:(N.S.)943. 
 
 110 24: (N.S.)1178. 
 
 115 9:(N:S.)1113. 
 
 127 10 : (N.S.)693. 
 
 144 50: (X.S.)236. 
 
 197 2: (N.S.)1196. 
 
 ,2 L.R.A.(N.S.)— cont'd. 
 
 210 45:(N.S.)52. 
 
 261 38 : (N.S.)1202. 
 
 269 30:(N.S.)637. 
 
 52:(N.S.)889. 
 288 36: (N.S.)866. 
 
 51:(N.S.)1040. 
 
 1915E, 987. 
 
 303 5:(N.S.)1103 
 
 331 (constitutionality) .20: (N.S.)160. 
 
 1915E,917. 
 (337) 25:(N.S.)758. 
 
 45:(N.S.)495. 
 
 (338) 19:(N.S.)874. 
 
 353 15:(N.S.)463. 
 
 1915E, 68. 
 
 383 24:(N.S.)143. 
 
 392 21:(X.S.)176. 
 
 408 (459) 1915F, 680. 
 
 512 52:(X.S.)670. 
 
 531 52:(N.S.)778. 
 
 553 22:(X.S.)661. 
 
 574 1915B, 498. 
 
 588 7 : (N.S.)1131. 
 
 30:(N.S.)957. 
 
 49:(N.S.)1123. 
 
 619 1916B, 1053. 
 
 628 1915B,492. 
 
 631 25: (N.S.)193. 
 
 34:(X.S.)454. 
 
 637 14:(N.S.)493. 
 
 652 (653) 36:(X.S.)208. 
 
 37:(N.S.)1191. 
 
 51:(N.S.)726. 
 666 25 : (N.S.) 596. 
 
 1915B, 1121. 
 
 695 5:(N.S.)779. 
 
 725 13: (X.S.)610. 
 
 29:(X.S.)813. 
 
 744 1915E, 722. 
 
 (748) 13:(N.S.)619. 
 
 29:(N.S.)816. 
 
 (757) 24:(N.S.)246. 
 
 804 (806) ini5D, 733. 
 
 809 28: (X.S.)178. 
 
 1915B, 740. 
 
 813 27:(X.S.)898. 
 
 836 12:(X.S.)760. 
 
 13:(N.S.)615. 
 
 842 19:(N.S.)725. 
 
 859 21:(N.S.)263. 
 
 i916E, 1150. 
 862 22: (N.S.)240. 
 
 41: (N.S.) 1213. 
 
 873 20 : (N.S.)1019. 
 
 887 38:(N.S.)830. 
 
 927 (928) 39: (N.S.) 1215. 
 
 964 35:(N.S.)251. 
 
 1013 41 : (N.S.)695. 
 
 1100 36:(N.S.)230. 
 
 1108 41:(X.S.)958. 
 
 1916E, 280. 
 
 1115 41:(N.S.)236. 
 
 1173 5:(N.S.)1177. 
 
 1191 10:(N.S.)352. 
 
 12:(N.S.)831. 
 
 21:(N.S.)972. 
 
 3 L.R.A.(N.S.) 
 
 49 22:(N.S.)1073. 
 
 1915D, 831. 
 Ill 42:(N.S.)568. 
 
644 
 
 TABLE OF SUPPLEMENTED L.E.A. NOTES. 
 
 3 L.R.A.(N.S.)— cont'd. 
 
 141 45: (N.S.)946. 
 
 149 19: (N.S.)1124. 
 
 168 20:(N.S.)1007. 
 
 36:(N.S.)115. 
 
 172 27:(N".S.)11. 
 
 192 36 : (N.S.) 500. 
 
 209 1915B,435. 
 
 218 26: (N.S.)1058. 
 
 244.. ; 1915E, 91. 
 
 251 9: (N.S.) 1148. 
 
 19: (N.S.) 606. 
 
 1915F, 673. 
 259 33:(N.S.)196. 
 
 47: (N.S.) 9.32. 
 
 323 -. 7:(N.S.)87. 
 
 334 4: (N.S.)366. 
 
 339 1915E, 455. 
 
 345 20: (N.S.)232. 
 
 38:(N.S.)488. 
 
 42:(N.S.)1179. 
 
 51:(N.S.)992. 
 
 382 40:(N.S.)576. 
 
 412 47 : (N.S.)955. 
 
 432 22: (N.S.)910. 
 
 28: (N.S.) 773. 
 
 46:(N.S.)357. 
 
 473 21:(N.S.)267. 
 
 478 39 : (N.S.)370. 
 
 1915D, 130. 
 
 500 4:(N.S.)220. 
 
 558 4:(N.S.)480. 
 
 564 45:(N.S.)908. 
 
 576 24:(N.S.)1182. 
 
 UJl.'iE, 715. 
 
 588 28:(N.S.)611. 
 
 608 20 : (N.S.)264. 
 
 1915F, 880. 
 
 622 21:(N.S.)585. 
 
 726 (life insurance) 28: (N.S.) 675. 
 
 (inheritance) 39: (N.S.) 1088. 
 
 1915C, 328. 
 
 741 23:(N.S.)771. 
 
 746 22: (N.S.)921. 
 
 1916E, 96. 
 763 24:(N.S.)103. 
 
 25: (N.S.) 1297. 
 
 33: (N.S.) 179. 
 
 774 21:(N.S.)533. 
 
 887 19150,378. 
 
 935 33:(N.S.)949. 
 
 982 (1132) 32:(N.S.)713. 
 
 .38:(N.S.)72. 
 
 42: (N.S.) 1073. 
 
 1915F, 698. 
 
 988 34 : (N.S.)1089. 
 
 1094, 
 
 997 1916F, 914. 
 
 1115 1916B, 616. 
 
 1126 38:(N.S.)763. 
 
 1132 19: (N.S.)772. 
 
 '32:(N.S.)713. 
 
 42: (N.S.) 1070. 
 
 1915F, 690. 
 
 1187 23:(N.S.)673. 
 
 1196 25:(N.S.)178. 
 
 4 L.H.A.(W.S.) 
 
 49 19150,789. 
 
 4 L.R.A.(N.S.)— cont'd 
 49 (58) 
 
 (66, 67, 68) 
 
 ...34:(N.8.)351. 
 
 19150, 809. 
 ...40:(N.S.)486. 
 
 80 .' 16: (N.S.) 1129. 
 
 119 26:(N.S.)134. 
 
 1915E, 267. 
 149 32: (N.S.)740. 
 
 1915E, 413. 
 
 189 1915A, 1179. 
 
 202 36: (N.S.)722. 
 
 40:(N.S.)254, 
 282 28:(N.S.)88. 
 
 1916F, 1249. 
 
 302 50: (N.S.)412. 
 
 309 32:(N.S.)737. 
 
 339 38: (N.S.)261. 
 
 365 (380) 51: (N.S.) 1121. 
 
 417 41: (N.S.)439. 
 
 421 38:(N.S.)571. 
 
 1915E, 152. 
 427 33:(N.S.)883. 
 
 1915A, 521. 
 485 32: (N.S.)1201. 
 
 1915E, 668. 
 
 521 1916E, 821. 
 
 558 1915A,797. 
 
 565 30 : (N.S.)926. 
 
 569 49 : (N.S.)491. 
 
 589 1916D,727. 
 
 607 1915A,273. 
 
 6]6 36:(N.S.)388. 
 
 629 44:(N.S.)68. 
 
 636 ...50: (N.S.) 1007. 
 
 643 29:(N.S.)842. 
 
 1915A, 67. 
 
 678 24: (N.S.) 1045. 
 
 688 40:(N.S.)857. 
 
 729 21:(N.S.)887. 
 
 740 18:(N.S.)613. 
 
 782 48: (N.S.)157. 
 
 786 27:(N.S.)550. 
 
 (792) 27:(N.S.)550. 
 
 816 9:(N.S.)317. 
 
 848 28: (N.S.)1215. 
 
 865 30: (N.S.) 1030. 
 
 890 1916D, 719. 
 
 909 44: (N.S.)1003. 
 
 913 22:(N.S.)472. 
 
 953 : 1916A,894. 
 
 1020 51:(N.S.)635. 
 
 1029 14:(N.S.)776. 
 
 1091 (1118) 1916C, 222 
 
 1130 See Indexes under 
 "Automobiles.'' 
 
 1170 38:(N.S.)4 
 
 1185 27: (N.S.) 1062. 
 
 5 L.R.A.(N.S.) 
 
 136 35: (N.S.)1054. 
 
 1915A, 789. 
 
 148 18:(N.S.)1233. 
 
 186 (sale of dangerous 
 instrumentality) 
 
 19150, 460. 
 (question of law) ... 47 : (N.S.)1204. 
 (260, master and 
 
 servant) 15: (N.S.)784. 
 
 (244, crossing) 47: (N.S.) 820. 
 
 (250) 8:(N.S.)1093. 
 
TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 645 
 
 5 L.E.A.(N.S.)— cont'd. 
 
 (256) 19150,1021.- 
 
 274 ■ 50:(N.S.)47. 
 
 327 22:(N.S.)534. 
 
 42:(N.S.)465. 
 
 415 1915F, 898. 
 
 418 1915B,407. 
 
 439 28:(N.S.)577. 
 
 571 22:(X.S.)959. 
 
 619 21:(X.S.)279, 
 
 280. 
 
 657 1915E, 127. 
 
 1916B,1021. 
 
 663 50:(\.S.)1091. 
 
 «74 8:(X.S.)1116. 
 
 27:(N.S.)283. 
 50:(N.S.)421. 
 
 680 46:(N.S.)990. 
 
 721 46:(X.S.)142. 
 
 751 23:(X.S.)648. 
 
 28:(y.S.)490. 
 29:(N.S.)795. 
 41:(X.S.)223. 
 
 779 14 : (X.S.)465. 
 
 831 30: (N.S.)619. 
 
 838 46 : (N.S.)1049. 
 
 50:(X.S.)489. 
 
 860 23: (X.S.)500. 
 
 874 25: (N.S.)1217. 
 
 886 10: (X.S.)918. 
 
 899' 19:(X.S.)561. 
 
 27:(X.S.)966. 
 48:(N.S.)893. 
 
 1002 21 : (N.S.)914. 
 
 39:(N.S.)1187. 
 
 1005 .39: (N.S.)649. 
 
 1012 .-JS: (X.S.)258. 
 
 1915B, 1202. 
 
 1025 37: (X.S.)419. 
 
 1028 18 : (N.S.) 260. 
 
 25:(X'.S.)228. 
 
 1064 20 : (N.S.)337. 
 
 26: (N.S.) 110. 
 
 1105 22: (X".S.)364. 
 
 1154 1916D, 782. 
 
 « L.R.A.(N.S.) 
 
 191 30:(N.S.)1153. 
 
 r)'2:(X.S.)186. 
 
 202 22 : (X.8.) 1024. 
 
 212 18: (N.S.)880. 
 
 298 24: (N.S.).511. 
 
 302 22:(N.S.)828. 
 
 306 1915D,334. 
 
 311 .V2:(N.S.).571. 
 
 337 16:(N.S.)214. 
 
 369 19160,1104. 
 
 381 26 : (X.S.)161. 
 
 391 .38:(X.S.)452. 
 
 397 28:(X.S.)680. 
 
 442 41 : (X.S.)1176. 
 
 469 47: (X.S.)870. 
 
 477 21:(X.S.)i525. 
 
 1916D, 266. 
 
 516 1916B, 1220. 
 
 524 25:(N.S.)967. 
 
 550 43: (N.S.)559. 
 
 562 52:(N.S.)126. 
 
 609 1916E,957. 
 
 685 45:(N.S.)559. 
 
 710 51:(N.S.)50. 
 
 750 32: (N.S.)355. 
 
 7 L.R.A. (N.S.)— cont'd. 
 
 882 45:(N.S.)215. 
 
 905 20:(N.S.)753. 
 
 34: (N.S.) 118. 
 1916B, 947. 
 
 914 40: (N.S.)655. 
 
 917 37:(N.S.)754. 
 
 934 1915B, 681. 
 
 940 35:(N.S.)386. 
 
 942 1915E, 1008. 
 
 981 19:(N.S.)646. 
 
 22:(X.S.)634. 
 .33: (N.S.) 646. 
 42:(N.S.)1229. 
 49:(N.S.)472. 
 
 1013 43: (N.S.) 1037. 
 
 1915C, 747. 
 
 1016 1916A, 1302. 
 
 1046 35: (N.S.)611. 
 
 1048 .32: (N.S.) 189. 
 
 10.54 32: (N.S.)189. 
 
 1067 19160,989. 
 
 1082 1916A, 524. 
 
 1090 30: (N.S.)1161. 
 
 1094 20: (X.S.)6.54. 
 
 1171 21: (N.S.)1021. 
 
 1186 39 : (X.S.)805. 
 
 7L.R.A.(N.S.) 
 
 97 9:(N.S.)851. 
 
 108 36: f N.S.) 1194. 
 
 1915A, 382. 
 132 7:(N.S.)152. 
 
 17:(X.S.)707. 
 
 19:(N.S.)446. 
 
 27:(X.S.)379. 
 
 36:(X.S.)957. 
 152 17: (X.S.)707. 
 
 19:(X.S.)446. 
 
 27:(X.S.)379. 
 162 34: (X-.S.)299. 
 
 1915E, 320. 
 
 188 1916A, 549. 
 
 191 18:(X.S.)882. 
 
 195 25: (X.S.)446. 
 
 48:(XT.S.)308. 
 
 216 46:(N.S.)663. 
 
 253 1915B, 181. . 
 
 274 23:(N.S.)739. 
 
 1916.-^, 743. 
 
 282 19150,960. 
 
 335 48:(N.S.)657. 
 
 352 1915D,588. 
 
 357 15:(N.S.)701. 
 
 28:(X".S.)648. 
 
 1916D, 301. 
 
 362 42:(N.S.)386. 
 
 415 25: (N.S.) 1211. 
 
 1915D, 1211. 
 424 19 : (N.S.)516. 
 
 20: (N.S.) 635. 
 
 43:(N.S.)1116. 
 481 10:(N.S.)74. 
 
 22:(N.S.)486. 
 
 32:(N.S.)62. 
 
 42: (N.S.) 1144. 
 
 52:(N.S.)505. 
 
 501 .34:(N.S.)1195. 
 
 582 40: (N.S.)585. 
 
 1916D, 1276. 
 
 609 50:(N.S.)880. 
 
 612 41 : (N.S.)290. 
 
 621 24: (N.S.)188. 
 
646 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 7 L.R.A.(N.S.)— cont'd. 
 
 646 49: (N.S.)1219. 
 
 694 47: (N.S.)552. 
 
 714 (715) 21 : (N.S.)157. 
 
 729 51: (N.S.)1153. 
 
 899 33 : (N.S.) 828. 
 
 933 13: (N.S.) 1105. 
 
 45: (N.S.) 75. 
 
 958 48:(N.S.)192. 
 
 991 23: (N.S.)433. 
 
 1041 1916D,341. 
 
 1053 33: (N.S.)741. 
 
 1076 13 : (N.S.)613. 
 
 29: (N.S.) 814. 
 
 1131 30: (N.S.)957. 
 
 49: (N.S.) 1123. 
 
 1154 31 : (N.S.)417. 
 
 1916A, 762. 
 
 8 L.R.A. (N.S.) 
 
 49 42:(N.S.)439. 
 
 77 29:(N.S.)199. 
 
 1915D, 243. 
 
 95 35:(N.S.)979. 
 
 - 1916A,660. 
 
 108 44: (N.S.)643. 
 
 117 33: (N.S.)139. 
 
 131 ;24: (N.S.)201. 
 
 34':(N.S.)767. 
 
 144 22: (N.S.)1153. 
 
 149 44:(N.S.)98. 
 
 199 34:(N.S.)826. 
 
 227 21:(N.S.)75. 
 
 240 16: (N.S.)935., 
 
 25:(N.S.)938. 
 
 249 19:(N.S.)475. 
 
 263 51:(N.S.)56. 
 
 287 52:(N.S.)908. 
 
 299 48:(N.S.)819. 
 
 384 14:(N.S.)893. 
 
 1915E, 1095. 
 
 426 32:(N.S.)51. 
 
 565 1915D,551. 
 
 585 17 : (N.S.)439. 
 
 30*(N.S.)783. 
 
 43: (N.S.) 911. 
 
 51:(N.S.)959. 
 
 597 ....1915A,76L 
 
 698 ; 31:(N.S.)176. 
 
 .S3:(X.S.)996. 
 762 34: (N.S.)58. 
 
 1915B, 834. 
 
 783 1915E,457. 
 
 804 16: (N.S.)818. 
 
 814 48: (N.S.)840. 
 
 844 44:(N.S.)317. 
 
 896 17 : (N.S.)382. 
 
 909 ;: 52:(N.S.)459. 
 
 916 (917) 52:(N.S.)842. 
 
 937 31:(X.S.)517. 
 
 1915C, 648. 
 
 983 .39: (N.S.)951. 
 
 1014 ; . 1916B, 621. 
 
 1069 41 : (N.S.)264. 
 
 1116 27 : (N.S.)283. 
 
 50:(N.S.)421. 
 
 1130 46: (N.S.) 1134. 
 
 1137 20;(N.S.)298. 
 
 42: (N.S.) 1160. 
 1180 33: (N.S.)602. 
 
 44: (N.S.) 422. 
 
 8 L.R.A.(N.S.)- 
 
 1210 
 
 1240 
 
 9 L.R.A.(N.S.) 
 
 49 
 
 140 
 
 146 
 
 154.. 
 174.. 
 224,. 
 
 277.. 
 
 -cont'd. 
 
 282... 
 322... 
 338... 
 407 .. . 
 
 478... 
 
 485 
 
 496 
 
 572 
 
 579 
 
 598 
 
 689 
 
 698 
 
 880 
 
 929 
 
 988 
 
 1026 
 
 1033 (1035) 
 
 1057 . . . . 
 
 1084 
 
 1096.... 
 
 1104 
 
 1117.... 
 
 1127.... 
 1148 
 
 1168.... 
 
 1197 
 
 1214 
 
 .44:(N.S.)427. 
 .34;(N.S.)715. 
 
 . .48:(N.S.)547. 
 ..37: (N.S.) 861. 
 ..23: (N.S.) 636. 
 
 1915F,568. 
 ..49: (N.S.) 922. 
 . .43: (N.S.) 639. 
 . .38:(N.S.)941. 
 . .27:(N.S.)487. 
 44: (N.S.) 583. 
 ..33: (N.S.) 941. 
 . .46:(N.S.)467. 
 . .1915E, 501. 
 ..41: (N.S.) 799. 
 
 1915B, 621. 
 . .20:(N.S.)956. 
 48:(N.S.)196. 
 ..52: (N.S.) 1075. 
 ..46: (N.S.) 615. 
 . .39:(N.S.)519. 
 . .21:(N.S.)868. 
 .28: (N.S.) 200. 
 51:(N.S.)309. 
 . .44:(N.S.)544. 
 . .29:(N.S.)205. 
 . .30:(N.S.)404. 
 . .21:(N.S.)«7a. 
 
 1916E, 774. 
 . .32:(N.S.)371. 
 ,.42: (N.S.) 555. 
 . .14:(N.S.)216. 
 21:(N.S.)93. 
 26:(N.S.)382. 
 33: (N.S.) 79. 
 37: (N.S.) 834. 
 47:(N.S.)662. 
 1916A, 957. 
 .1916A,1279. 
 .4g:(N.S.)973. 
 .24: (N.S.) 900. 
 .g5:(N.S.)'784. 
 .16: (N.S.) 672. 
 19: (N.S.) 1056. 
 35: (N.S.) 575. 
 36: (N.S.) 33. 
 42: (N.S.) 643. 
 .21: (N.S.) 239. 
 .19:(N.S.)606. 
 1915F, 673. 
 .28: (N.S.) 1068. 
 .48:(N.S.)979. 
 .23: (N.S.) 834. 
 1916E, 236. 
 
 10 L.R.A.(N.S.) 
 49 
 
 74... 
 
 117 .. . 
 129 .. . 
 159 .. . 
 167... 
 172... 
 177... 
 
 .25:(N.S.)1308. 
 
 1915A,77. 
 .22: (N.S.) 486. 
 
 32: (N.S.) 62. 
 
 42:(N.S.)1144. 
 
 52: (N.S.) 505. 
 .38:(N.S.)1195. 
 .26: (N.S.) 99. 
 .25: (N.S.) 60. 
 .40: (N.S.) 102. 
 .1915E,496. 
 .21:(N.S.)178. 
 
 39: (N.S.) 744. 
 
TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 647 
 
 10 L.R.A.(N.S.)- 
 216 
 
 352... 
 
 404. 
 415. 
 432. 
 443. 
 463. 
 706. 
 
 -cont'd. 
 
 736. 
 
 842. 
 845. 
 8.57. 
 925. 
 928. 
 992. 
 
 1043. 
 1051. 
 1061. 
 1155. 
 
 ...23:(N.S.)564. 
 
 25:(N.S.)574. 
 
 1916B, 890. 
 . ..12:(N.S.)831. 
 
 21:(N.S.)972. 
 
 49:(N.S.)135. 
 ...22:(N.S.)1100. 
 ...41:(N.S.)559. 
 ...34:(N.S.)637. 
 ...27:(N.S.)735. 
 ...19150,306. 
 ...37:(N.S.)409. 
 
 1915A, 715, 
 722. 
 ...28:(X.S.)593. 
 
 32:(N.S.)240. 
 
 84:(N.S.)1221. 
 ...24:(N.S.)1057. 
 .. .20:(N.S.)958. 
 ...48:(N.S.)840. 
 .. .44:(N.S.)359. 
 ...39:(N.S.),563. 
 ...21:(N.S.)836. 
 
 44:(N".S.)161. 
 ...47:(N.S.)1221. 
 . ..25:(N.S.)1215. 
 . ..34:(N.S.)1221. 
 .. .19160,343. 
 
 11 L.R.A. (W.S.) 
 
 92 49:(X.S.)853. 
 
 182 48 : (N.S.) 440. 
 
 368 in : (X.S.)143. 
 
 .30:(N.S.)580. 
 
 41:(N.S.)1034. 
 
 372 35:(N.S.)1113. 
 
 417 30:(X.S.)176. 
 
 .34:(X.S.)34. 
 
 432 : .50 : (X.S.)432. 
 
 449 25: (X.S.)1220. 
 
 43:(X.S.)137. 
 
 497 49 : (X'.S.) 305. 
 
 504 34: (X^.S.)804. 
 
 48:(X.S.)919. 
 
 1916D, 1227. 
 550 23: (N.S.) 1020. 
 
 29:(X.S.)745. 
 
 554 17:(X.S.)477. 
 
 557 1915D, 1218. 
 
 561 28: (X.S.)566. 
 
 30:(N.S.)409. 
 
 1915B, 685. 
 
 616 29:(X.S.)905. 
 
 653 31:(X.S.)670. 
 
 676 28:(X.S.)436. 
 
 713 43:(N.S.)730. 
 
 748 16 : (X.S.)445. 
 
 .52:(N.S.)377. 
 
 789 28: (X.S.)450. 
 
 818 46: (X.S.)669. 
 
 825 24:(X.S.)840. 
 
 930 28:(X.S.)757. 
 
 37:(X.S.)1115. 
 
 940 22:(N.S.)2. 
 
 948 23:(N.S.)824. 
 
 1915D, 355. 
 
 973 41: (N.S.)524. 
 
 996 46:(N.S.)392. 
 
 1018 21: (N.S.) 1005. 
 
 1028 46:(N.S.)325. 
 
 1060 42:(N.S.)1041. 
 
 11 L.R.A. (N.S.)— cont'd. 
 
 1082 17:(N.S.)800. 
 
 26:(N.S.)179. 
 
 28:(N.S.)753. 
 
 43:(N.S.)355. 
 
 1092 33: (N.,S.)969. 
 
 1119 32: (N.S.) 816. 
 
 47:(X.S.)1058. 
 
 1157 1916A, 1143. 
 
 1170 34;(N.S.)924. 
 
 43:(X.S.)131. 
 1186 20: (N.S.)498. 
 
 1916F, 393. 
 
 12 L.R.A.(N.S.) 
 
 102 20:(N.S.)933. 
 
 44:(X.S.)1160. 
 
 112 40:(N.S.)938. 
 
 (drains or sewers) . .1915A, 129. 
 
 131 22:(N.S.)190. 
 
 188 38:(N.S)913. 
 
 52:(X.S.)207. 
 
 240 26 : (N.S.)159. 
 
 267 27:(X.S.)168. 
 
 37:(N.S.)976. 
 
 49:(N.S.)415. 
 
 319 46: (X.S.)537. 
 
 382 20: (N.S.)lllO. 
 
 39:(N.S.)20. 
 389 27 : (XT.S.)425. 
 
 1915E,356. 
 403 23 : (N.S.) 1003. 
 
 44:(X''.S.)680. 
 
 1916F, 890. 
 449 26 : (X".S.) 1207. 
 
 42:(X.S.)176. 
 
 1916D, 826. 
 (454) 15:(N.S.)160. 
 
 1916D, 827. 
 461 20: (N.S.)876. 
 
 48:(X.S.)667. 
 
 479 43: (N.S.)1128. 
 
 519 20:(X.S.)1095. 
 
 23:(X.S.)192. 
 
 38:(X".S.)101. 
 
 19150, 877. 
 
 526 49: (X.S.)166. 
 
 537 42: (X'.S.)915. 
 
 ]915E,460. 
 
 575 (576) 43: (N.S.) 1109. 
 
 (616) 1915B, 851. 
 
 643 32:(N.S.)792. 
 
 51: (N.S.) 778. 
 
 670 25:(N.S.)356. 
 
 711 19150,1205. 
 
 717 26:(N.S.)954. 
 
 721 24:(X\S.)139. 
 
 748 49:(N.S.)258. 
 
 760 13:(N.S.)615. 
 
 768 35:(X.S.)563. 
 
 50: (N.S.) 510. 
 
 1916D,211. 
 831 21:(X.S.)972. 
 
 49:(X.S.)135. 
 853 19:(X.S.)717. 
 
 23:(X.S.)954. 
 861 23:(X.S.)960. 
 
 1916F, 1227. 
 
 881 48:(X.S.)265. 
 
 895 26:(N.S.)237. 
 
 935 1916D,610. 
 
 946 1915A,106. 
 
648 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 12 L.R.A.(N.S.)— cont'd. 
 
 956 24:(N.S.)514. 
 
 42:(N.S.)379. 
 
 1019 1915E, 172. 
 
 1021 1916E, 828. 
 
 1040 47 : (X.S.)84. 
 
 HOC 28 : (N.S.) 992. 
 
 1915D, 852. 
 1125 30: (N.S.) 1084. 
 
 51: (N.S.) 1082. 
 1130 26: (N.S.)242. 
 
 35: (N.S) 628. 
 
 40: (N.S.) 893. 
 
 51:(N.S.)361. 
 
 1915F, 830. 
 1190 22: (N.S.) 1110. 
 
 51:(X.S.)151. 
 
 1201 23: (N.S.) 1151. 
 
 1207 33: (N.S.) 773.- 
 
 13 L.R.A.(N.S.) 
 
 146. 
 
 159 
 
 173 
 
 185 
 
 222 
 
 226. 
 
 244. 
 283. 
 
 298. 
 384. 
 481. 
 490. 
 501. 
 
 572 
 
 591 
 
 601 
 
 620 
 
 629 
 668 
 
 687. 
 
 697. 
 
 716. 
 725. 
 758. 
 781. 
 811. 
 884. 
 889. 
 905. 
 
 1916B 
 
 34: (N. 
 
 42:(N. 
 
 29 : (N. 
 
 1916C, 
 
 27: (N. 
 
 31:(N. 
 
 30: (N. 
 
 (670) 30: (N 
 
 40:(N. 
 .51:(N. 
 
 40: (N, 
 
 51: (N. 
 29: (N 
 
 .39:(N.S.)46. 
 !33:(N.S.)386. 
 .21:(N.S.)417. 
 .50: (N.S.) 239. 
 .34: (N.S.) 758. 
 1915E, 161. 
 ..20: (N.S.) 816. 
 
 1915C, 571. 
 . .191.50,467. 
 , .25:(N.S.)407. 
 
 1916C, 1022. 
 . .1915D, 196. 
 .49:(N.S.)1011. 
 .43: (N.S.) 1050. 
 . .1915B,144. 
 .16: (N.S.) 963. 
 43:(N.S.)187. 
 1915F, 1125. 
 , 45:(,\,S.)382. 
 
 916. 
 1013 . 
 1024. 
 
 1066. 
 1071. 
 
 47 : (N, 
 . .1915B, 
 
 . .28:(N. 
 . .30: (N. 
 . .51:(N. 
 . .45:(N. 
 . .1916F, 
 . .1915F, 
 . .34: (N. 
 .52: (N. 
 . .1915D, 
 . ,.34: (N, 
 
 .25:(N. 
 52: (N. 
 
 .34:(X.i 
 50: (N 
 
 .34:(N.i 
 
 630. 
 
 S.)874. 
 
 S.)793. 
 
 S.)808. 
 
 364. 
 
 S.)128. 
 
 .S.)338. 
 
 S.)1164. 
 
 .S.)800. 
 
 ,S.)832. 
 
 .S.)337. 
 
 S.)832. 
 
 .S.)337. 
 
 S.)709. 
 
 S.)173. 
 
 875. 
 S.)607. 
 .S.)720. 
 S.)646. 
 ,S.)664. 
 444. 
 444. 
 .S.).506. 
 S.)1038. 
 
 843. 
 ,R.)240. 
 ,S.)376. 
 S.)230. 
 S.)466. 
 S.)1013. 
 S.)469. 
 
 13 L.B.A.(N.S.)- 
 
 1105 
 
 1122 
 
 1126 
 
 1158 
 
 1166 
 
 1214 
 
 1219 (1244) 
 (1252) 
 
 -cont'd. 
 
 . ..45:(N.S.)75. 
 ...16: (N.S.) 816. 
 
 25: (N.S.) 33. 
 
 38: (N.S.) 973. 
 . ..39:(N.S.)217. 
 ...50: (N.S.) 858. 
 ...20: (N.S.) 686. 
 
 1915A, 325. 
 ...45: (N.S.) 372. 
 . ..32:(N.S.)1090. 
 ...20: (N.S.) 732. 
 
 14 L.R.A.(W.S.) 
 
 49 
 
 155 
 
 216 
 
 603 
 648 
 
 862 
 
 893. 
 
 910. 
 
 914. 
 
 937. 
 
 972. 
 
 998. 
 
 1003. 
 
 1025. 
 
 1036. 
 1062. 
 1067. 
 1090. 
 1188. 
 1242. 
 
 1259. 
 
 37:(N.S.)993. 
 
 46:(N.S.)557. 
 
 21: (N.S.) 93. 
 
 26: (N.S.) 382. 
 33: (N.S.) 79. 
 37:(N.S.)834. 
 47: (N.S.) 662. 
 1916A, 957. 
 
 48:(N.S.)946. 
 
 32: (N.S.) 715. 
 
 42:(N.S.)1073. 
 1916F, 696. 
 ....17: (N.S.) 823. 
 29: (N.S.) 159. 
 44:(N.S.)478. 
 
 20:(N.S.)426. 
 
 33:(N.S.)983. 
 
 24:(N.S.)369. 
 
 38:(N.S.)351. 
 
 27:(N.S.)439. 
 
 ' 34:(N.S.)283. 
 
 42:(N.S.)122. 
 
 1915F,77L 
 
 49:(N.S.)300. 
 
 28:(N.S.)234. 
 
 1916D,613. 
 
 43:(N.S.)901. 
 
 1916E, 1273. 
 
 23:(N.S.)492. 
 
 24:(N.S.)1257. 
 
 42: (N.S.) 840. 
 
 32:(N.S.)306. 
 
 1915D, 817. 
 
 39:(X.S.)1055. 
 
 (714) 1916B,965. 
 
 (763) 33:(N.S.)751. 
 
 46:(N.S.)38. 
 
 32:(N.S.)867. 
 
 1915A, 679. 
 
 29:(N.S.)851. 
 
 37:(N.S.)29L 
 
 45:(N.S.)707. 
 
 31:(N.S.)667. 
 
 1916D, 962. 
 . ...25:(N.S.)840. 
 
 1915A,491. 
 . ...30:(N.S.)375. 
 
 1916E,248. 
 ....24:(X.S.)321. 
 
 1915A, 757. 
 
 37:(N.S.)953. 
 
 1915B, 298. 
 
 ....23:(X.S.)938. 
 ....38: (N.S.) 204. 
 
 1915B, 1119. 
 . ...32:(N.S.)1190. 
 
 251 
 
 284 
 
 293 (stopping) 
 
 312 
 330 
 346 
 400 
 443 
 464 
 476 
 488 
 499 
 507 
 514 
 526 
 548 
 561 
 586 
 
TABLE OF SUPPLKMENTED L.R.A. NOTES. 
 
 649 
 
 15 L.H.A.(N.S.) 
 61 ... . 
 
 94 
 
 108 ... . 
 
 129 
 
 134 
 
 206. 
 214. 
 254. 
 272. 
 
 277. 
 
 313 
 350 
 
 (330) 
 
 402. 
 
 425 
 
 443 
 
 466 
 
 479 
 
 509 
 
 523 
 
 535 (541 ')'..'.'.".'.'.'." .'.'.'.".' 
 
 594 
 
 686 (687) 
 
 701 
 
 715 
 
 747 
 
 775 
 790 
 819 
 840 
 868 
 
 (845) 
 
 . ..32:(N, 
 
 . ..24:(]Sr. 
 
 . ..25:(N. 
 
 . . .42: (N. 
 
 . ..29:(N, 
 52:(N, 
 
 . ..25:(N. 
 
 ...32:(N 
 
 . ..23:(N. 
 
 . ..34:(N. 
 
 . . .19: (N, 
 49: (N, 
 
 . ..1915E 
 
 ...27:(N 
 '35: (N, 
 51 : (Iv . 
 27 : (N. 
 52: (N, 
 20: (N. 
 25: (N. 
 38:(N. 
 45:(jSr. 
 1915E, 
 35:(N. 
 33:(N. 
 1916F, 
 38:(N. 
 28:(N. 
 1916D, 
 26: (N. 
 23:(N. 
 33:(N. 
 47:(N, 
 1916E, 
 1915D, 
 1915E, 
 17:(N-, 
 31 : (X, 
 
 983 
 1013 
 1019 
 1025 
 1055 
 1115 
 1178 
 
 1267 
 1272 
 
 34: (N 
 
 42: (X 
 
 39: (N 
 
 51: (N, 
 
 1915F, 
 
 28: (X, 
 
 46: (N, 
 
 (1184) 35:(N, 
 
 (1215) 27:(X, 
 
 .29:(X, 
 
 ..' 41: (N. 
 
 S.)1078. 
 S.)408. 
 S.)1001. 
 .S.)151. 
 .■S.)240. 
 S.)267. 
 .S.)1241. 
 .S.)598. 
 ,S.)1224. 
 S.)1050. 
 .S.)374. 
 .S.)250. 
 563. 
 .S.)255. 
 ,S.)549. 
 S.)1097. 
 ,S.)124. 
 ,S.)260. 
 ,S.)500. 
 ,S.)708. 
 ,S.)752. 
 ,S.)841. 
 ,989. 
 .S.)592. 
 S.)1061. 
 691. 
 
 S.)1162. 
 S.)648. 
 301. 
 S.)483. 
 S.)691. 
 S.)325. 
 .S.)673. 
 898. 
 ,305. 
 991. 
 .S.)758. 
 ,S.)783. 
 .S.)737. 
 .S.)107. 
 .S.)671. 
 .S.)358. 
 554. 
 .S.)104. 
 ,S.)484. 
 ,S.)755. 
 .S.)340. 
 ,S.)2.50. 
 S.)181. 
 
 16 L.R.A.(N.S.) 
 
 49 
 
 85 
 
 98. 
 
 121. 
 128. 
 146. 
 177. 
 227. 
 
 236. 
 285. 
 353. 
 
 445 . 
 47(1. 
 494. 
 527. 
 585. 
 
 .33:(N.S.)844. 
 .18:(N.S.)707. 
 
 32:(N.S.)748. 
 .34:(N.S.)940. 
 
 1915E, 186. 
 .52:(X.S.)877. 
 .27:(N.S.)181. 
 .21:(N.S.)601. 
 .1916E, 1082. 
 .30:(N.S.)552. 
 
 52:(X.S.)754. 
 .43:(N.S.)575. 
 .1916D, 1299. 
 .33:(N.S.)960. 
 
 48: (Kg.) 198. 
 .52:(N.S.)377. 
 .47:(N.S.)1190. 
 .42:(X.S.)577. 
 .1916A,930. 
 .42:(N.S.)872. 
 
 16 L.R 
 
 631 
 
 660 
 672 
 
 691 
 
 742 
 746 
 
 777 
 786 
 
 794 
 807 
 816 
 
 829 
 860 
 870 
 
 874. 
 878. 
 
 886. 
 890. 
 
 931. 
 935. 
 963. 
 
 1020. 
 1026. 
 1035. 
 1055. 
 
 1132. 
 1136. 
 
 A. (N.S.)— cont'd. 
 27:(N.S.)537. 
 
 49:(X.S.)67. 
 
 52:(N.S.)153. 
 
 19:(N.,S.)1056. 
 
 35:(N.S.)575. 
 
 36:(N.S.)33. 
 
 42:(X.S.)643. 
 
 1915A, 616. 
 
 43:(X.S.)332. 
 
 28:(X.S.)615. 
 
 1915F, 1076. 
 
 1915B, 358. 
 
 20: (N.S.) 321. 
 
 33:(N.S.)419. 
 
 24:(X.S.)475. 
 
 1910A, 972. 
 
 25:(N.S.)33. 
 
 38:(X.S.)973. 
 
 26:(X.S.)690. 
 
 1915D, 941. 
 (terminal office closed) 
 
 24:(X.S.)1283. 
 ...1915D,.397. 
 ...33:(X".S.)738. 
 
 49:(X.S.)132. 
 ,..1915F, 888. 
 ...40:(X.S.)133. 
 
 1915C, 605. 
 . .1915F, .177. 
 ...25:(X'.S.)938. 
 .. .43: 187. 
 
 1915F, 1125. 
 ,..191.-)F, 979. 
 .. .1915D,838. 
 .. .21:(X.S.)83. 
 .. .23:(X.S.)123. 
 
 1916F, 694. 
 .. .52:(X.S.)668. 
 ..31:(N'.S.)1186. 
 
 17 L.B.A.(N.S.) 
 
 124 191CC, 
 
 162 35: (X, 
 
 210 23:(X 
 
 244 27:(X 
 
 52: (X 
 
 276 39: (X 
 
 287 44: (X 
 
 353 ; 23: (X 
 
 30: (N 
 364.... 
 
 29: (X 
 
 42:(X" 
 
 439 30: (X 
 
 43:(X 
 51: (X 
 
 514 38:(N 
 
 594 23: (N, 
 
 602 24: (N 
 
 609 1915D, 
 
 650 23: (X 
 
 25; (N 
 37:(X 
 miGA, 
 
 667 51: (X 
 
 684 40: (N", 
 
 688 1916D, 
 
 702. . .: 24: (N. 
 
 707 19:(N. 
 
 27:(N. 
 
 733 51:(X, 
 
 773 40: (N, 
 
 1097. 
 
 .S.)787. 
 
 '.S.)982. 
 
 .S.)1032. 
 
 ■.S.)919. 
 
 .S.)423. 
 
 .S.)236. 
 
 .S.)515. 
 
 .S.)1173, 
 
 .K.)802. 
 
 .S.)984. 
 
 .S.)783. 
 
 ■.S.)911. 
 
 .S.)959. 
 
 .s.)ini. 
 
 .S.)345. 
 .S.)1121. 
 
 719. 
 .S.)331. 
 .S.)4ti,-). 
 ".S.)l»3. 
 
 369. 
 ,S.)279. 
 ,R.)875. 
 
 307. 
 ,!S.)375. 
 ,S.)446. 
 .S.)370. 
 .S.)817. 
 .S.)913. 
 
GoO 
 
 TABLE OF SUPPLEMENTED L.E.A. NOTES. 
 
 17 L.R.A.(N.S.)— cont'd. 
 
 788 
 
 800 
 
 808 
 
 821 (823) . 
 
 841 
 
 898 
 
 910 
 
 925 
 
 935 
 
 1019 
 
 1025 
 
 1054 
 
 1100 
 
 1135 
 
 1140 
 
 1144 
 
 1167 
 
 1226 
 
 1236 
 
 18 L.R.A.(N.S.) 
 
 49 
 
 77 
 
 109 
 
 156 
 
 197 
 
 226. 
 231. 
 
 244. 
 250. 
 253. 
 260. 
 295. 
 300. 
 328. 
 409. 
 451. 
 
 458. 
 478. 
 
 580. 
 
 585. 
 
 600. 
 
 660. 
 
 695. 
 
 707. 
 
 713. 
 
 768. 
 
 902. 
 1167. 
 1205. 
 1221. 
 
 1259 
 
 19 L.R.A.(N.S.) 
 
 .38:(N.S.)175. 
 ;26:(N.S.)179. 
 
 28:(N.S.)7S3. 
 
 43:(N.S.)355. 
 .26:(N.S.)248. 
 .29:(N.S.)159. 
 
 44:(N.S.)478. 
 .29:(N.S.)886. 
 .49:(N.S.)955. 
 .1915E, 943. 
 .27:(N.S.)690. 
 .40:(N.S.)639. 
 .32:(N.S.)1075. 
 .49:(N.S.)958. 
 .40:(N.S.)48. 
 .38:(N.S.)77b. 
 .48:(N.S.)294. 
 .1915B, 645. 
 .43:(N.S.)725. 
 
 1916F, 171. 
 .30:(N.S.)1207. 
 
 48:(N.S.)531. 
 .41:(N.S.)745. 
 .38:(N.S.)286. 
 
 .39:(N.S.)207. 
 
 .19156,1140. 
 
 .27:(N.S.)319. 
 
 .32:(N.S.)554. 
 
 .25:(N.S.)1226. 
 
 31:(N.S.)455. 
 
 1915C, 758. 
 .52:(N.S.)211. 
 .25:(N.S.)930. 
 
 47:(N.S.)830. 
 .52:(N.S.)91. 
 ,.52:(N.g.)97. 
 .19160,1017. 
 .25:(N.S.)228. 
 .29:'(N.S0834. 
 .34:(N.S.)360. 
 .38:(N.S.)754. 
 .34:(N.S.)141. 
 .32:(N.S.)303. 
 
 44:(N.S.)57. 
 
 1916F, 864. 
 .46:(N.S.)790. 
 .22:(N.S.)969. 
 
 47:(N.S.)113. 
 .1915D,438. 
 .42:(N.S.)1131. 
 .43:(N.S.)977. 
 .45:(N.S.)1068. 
 .1915B,435. 
 .32:(N.S.)748. 
 .32:(N.S.)649. 
 .50:(N.S.)1077. 
 .44:(K.S.)372. 
 .34:(X.S.)495. 
 .39:(X.S.)1156. 
 .32:(N.S.)1173. 
 
 52:(N.S.)241. 
 .29:(X.S.)770. 
 
 143 ... . 
 161.... 
 167 ... . 
 269.... 
 
 ..33:(N:S.)676. 
 
 .30:(N.S.)580. 
 
 .39:(N.S.)481. 
 
 .1916F,427. 
 
 .37:(N.S.)259. 
 
 19 L.R.A.(N.S.)— cont'd, 
 
 297 
 
 340 
 
 374 
 
 377 
 
 391 
 
 446 
 
 475 
 
 483 
 
 607 
 
 (510, 519) 
 
 (516) 
 
 (517) , 
 
 526 
 
 561....... 
 
 607 
 
 618 
 
 646 - 
 
 662 
 
 693 
 
 700 
 
 717 
 
 733 
 
 759 
 
 772 
 
 835 
 
 874 
 
 883 
 
 887 
 
 923 
 
 938. 
 952. 
 964. 
 
 1006. 
 
 1034... 
 1056... 
 
 1094 (1139, road vehicles) 
 (walls, fences, etc.) 
 (1143) 
 
 1178 
 
 .28:(N.S.)265. 
 
 .28:(N.S.)1267. 
 
 .49:(N.S.)250. 
 
 .44:(N.S.)1209. 
 
 .46:(N.S.)1157. 
 
 .27:(N.8.)379. 
 
 .49:(N.S.)277. 
 
 .31:(N.S.)1166. 
 
 .49:(N.S.).844. 
 
 .46:(N.S.)330. 
 
 .20:(N.S.)635. 
 
 .20:(N.S.)646. 
 
 51:(N.S.)1077. 
 .42:(N.S.)242. 
 .27:(N.S.)966. 
 
 48:(N.S.)893. 
 .1915F,673. 
 .1915E,800. 
 ,22:(N.S.)634. 
 
 33:(N.S.)646. 
 
 42:(N.S.)1229. 
 
 49:(N.S.)472. 
 .39:(N.S.)1104. 
 .31:(N.S.)319. 
 .25:(N.S.)727. 
 .23:(N.S.)954. 
 .49:(N.S.)889. 
 .21:(N.S.)344. 
 .32:(N.S.)713. 
 
 42:(N.S.)1070. 
 
 1915F, 690. 
 .28:(N.S.)673. 
 
 19150, 359. 
 ..51:(N.S.)398. 
 .46:(N.S.)1021. 
 .25:(N.S.)384. 
 .48:(N.S.)213. 
 
 1916B, 879. 
 .31:(N.S.)743. 
 .19150,1221. 
 .23:(N.S.)497. 
 
 34:(N.S.)773. 
 .34:(N.S.)818. 
 
 1916A, 1273. 
 .37:(N.S.)912. 
 .36:(N.S.)33. 
 
 42:(N.S.)643. 
 
 50:(N.S.)1147. 
 
 1915D, 160. 
 
 47:(N.S.)1101. 
 
 45:(N.S.)98. 
 
 20 L.R.A.(N.S.) 
 
 110 1915B,173. 
 
 133 33:(N.S.)109. 
 
 146 19160, 564j 
 
 155 43:(N.S.)792. 
 
 160 1915E,917. 
 
 185 30:(N.S.)291. 
 
 42:(N.S.)332. 
 208 39: (N.S.)1107. 
 
 19160, 676. 
 232 38:(N.S.)488. 
 
 42:(N.S.)1179. 
 
 51:(N.S.)992. 
 239 34:(N.S.)573. 
 
 42:(N.S.)720. 
 
 261 41:(N.S.)315. 
 
 264 1915F, 880. 
 
 298 42: (N.S.)1160. 
 
 321 33:(N.S.)4i9. 
 
TABLE Of SUrPLEMENTED L.R.A. NOTES. 
 
 651 
 
 20 L.R.A.(N.S.)— cont'd. 
 
 337 
 
 350 
 
 36] 
 
 421 
 
 473 
 
 484 
 
 498. 
 500. 
 
 513 
 
 26:(N.S.)110. 
 
 1916E,1179. 
 
 1915E, 131. 
 
 30:(N.S.)73. 
 
 41:(N.S.)49. 
 
 37:(N.S.)539. 
 
 1915D, 1118. 
 
 1916F,393. 
 
 25-<N.S.)708. 
 
 42:(N.S.)624. 
 1915F, 1082. 
 
 (grade) 51r(N".S.)214. 
 
 (553) 1915E,597. 
 
 (593) .40:<N.S.)94,182. 
 
 (598-600,627-629) .1916F, 708. 
 
 (607, 649) 39: (N.S.)405. 
 
 (635) 43:(N.S.)1116. 
 
 (632, 640, 641) 29 : (N.S.) 180. 
 
 43:(N.S.)1158. 
 1916A, 486. 
 
 (646) 51:(N.s.)1077. 
 
 (656) 39: (N.S.)1167. 
 
 (686) 1915A,325. 
 
 (738) 35:(N.S.)840. 
 
 (753) 
 
 769. 
 785. 
 809. 
 816. 
 848. 
 
 876. 
 
 886. 
 
 894. 
 
 933. 
 
 938. 
 
 980. 
 
 996. 
 1007. 
 1050. 
 1065. 
 1095. 
 
 1110. 
 1146. 
 
 1164. 
 
 .34:(N.S.)118. 
 
 1916B, 947. 
 . ..40:(X.S.)1191. 
 . ..30:(y.S.)623. 
 . ..31:(N.S.)951. 
 . ..1915C, .571. 
 . . .35:(X.S.)491. 
 
 40:(N.S.)464. 
 . ..48:(K.S.)667. 
 . ..25:(X.S.)645. 
 . ..25:(N.S.)645. 
 . ..44:(X.S.)1160. 
 . . .35:(X.S.)840. 
 . . .1916F, 1218. 
 . ..49:(N.S.)1159. 
 . ..36:(N.S.)115. 
 . ..47:(N".S.)137. 
 . .■..33:(N.S.)491. 
 . ..23:(N.S.)192. 
 
 38:(2Sr.S.)101. 
 
 1915C, 877. 
 . ..39:(KS.)20. 
 . ..26:(N.S.)895. 
 
 46:(X.,S.)759. 
 . ..42:(y.S.)735. 
 
 21 L.R.A.(N.S.) 
 
 1 43:(X.S.)813. 
 
 23 32: (N.S.)H86. 
 
 41:(X.S.)407. 
 
 52 1916B, 862. 
 
 81 35:(K.S.)658. 
 
 93 26 : (N.s. ) 382. 
 
 33:(X.S.)79. 
 37:(N.S.)834. 
 47:(N.S.)662. 
 1916A, 957. 
 
 115 28 : (N.S.)554. 
 
 39:(X.S.)402. 
 1915C, 450. 
 
 178 39 : (N.S.) 744. 
 
 228 39: (X.S.)1007. 
 
 263 1916E, 1150. 
 
 265 1916D,458. 
 
 277 32 : (X.S.)940. 
 
 21 L.R.A. (N.S.)— cont'd. 
 
 283 
 
 349 
 
 354. 
 
 456. 
 525. 
 614. 
 679. 
 
 683. 
 731. 
 735. 
 
 755. 
 
 774. 
 794. 
 
 830. 
 836. 
 873. 
 914. 
 953. 
 972. 
 998. 
 1008. 
 
 .48: (N.S.) 823. 
 .35:(N.S.)1079. 
 
 40:(N.S.)1207. 
 .22: (N.S.) 741. 
 
 19150,181. 
 .1915F, 572. 
 , .1916D,266. 
 .48:(N.S.)628. 
 .25:(N.S.)1285. 
 
 1916A, 666. 
 .1915D, 1126. 
 .28:(N.S.)139. 
 ,34:(N.S.)998. 
 .42: (N.S.) 298. 
 .26: (N.S.) 509. 
 .29:(N.S.)924. 
 
 46:(X.S.)702. 
 .19150,209. 
 .44:(N.S.)161. 
 .1916E, 774. 
 .39: (N.S.) 1187. 
 .39: (N.S.) 1160. 
 .49: (N.S.) 135. 
 .45: (N.S.) 344. 
 .24: (N.S.) 273. 
 
 22 L.R.A.(N.S.) 
 
 181 35:(N.S.)636. 
 
 194 43: (N.S.) 1142. 
 
 240 41: (N.S.) 1213. 
 
 276 38:(N.S.)272. 
 
 1915D, 911. 
 
 313 27 : (N.S.)253. 
 
 383 49:(N.S.)57. 
 
 486 32:(N.S.)62. 
 
 42:(N.S.)1144. 
 52:(N.S.)505. 
 
 492 39:(N.S.)151. 
 
 509 1915A, 860. 
 
 534 42: (N.S.)465. 
 
 545 28: (N.S.)144. 
 
 568 1915B,396. 
 
 576 51: (N.S.)1168. 
 
 634 33 : (X.S.) 646. 
 
 42: (N.S.) 1229. 
 49:(N.S.)472. 
 
 691 39 : (N.S.) 307. 
 
 741 19150,181. 
 
 779 27: (N.S.)1164. 
 
 40:(N.S.)135. 
 
 (784, obvious) 50: (N.S.) 1218. 
 
 828 41: (N.S.)500. 
 
 841 28 : (N.S.) 655. 
 
 1915F, 608. 
 
 862 49:(N.S.)387. 
 
 872 49:(X.S.).387. 
 
 880 42:(N.S.)741. 
 
 910 28:(N.S.)773. 
 
 46:(N.S.)357. 
 
 921 1916E,96. 
 
 969 47:(X.S.)113. 
 
 1073 191.)D, 830. 
 
 1077 40: (X.S.)242. 
 
 1110 51:(X.S.)151. 
 
 11.36 41:(N.S.)132. 
 
 1178 32: (N.S.) 1043. 
 
 1183 32: (N.S.)848. 
 
 1202 19160,740. 
 
 1224 1915B, 1180. 
 
052 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 23 L.R.A.(N.S.) 
 
 123 1916F, 694. 
 
 137 30: (N.S.)211. 
 
 50:(N.S.)252. 
 
 144 .- 1916A, 925. 
 
 164 27: (N.S.)195. 
 
 171 39:(N.S.)574. 
 
 192 38 : (N.S.) 101. 
 
 1915C,877. 
 
 217 31:(N.S.)657. 
 
 38:(KS.)357. 
 
 289 30 : (N.S.)481. 
 
 39:(N.S.)122. 
 43: (N.S.) 1164. 
 1915C, 1184. 
 
 310 37 : (N.S.)977. 
 
 331 25: (X.S.)465. 
 
 37: (N.S.) 193. 
 1915A, 369. 
 
 352 29: (N.S.)635. 
 
 34:(N.S.)126. 
 
 359 42:(N.S.)700. 
 
 367 34: (N.S.)323. 
 
 410 1915A, 320. 
 
 tl4 1916B, 860. 
 
 463 i 1915E, 936. 
 
 497 34: (N.S.)773. 
 
 515 30: (N.S.)1173. 
 
 547 25: (N.S.)24. 
 
 553 1916D, 1041. 
 
 561 25:(N.S.)734. 
 
 35: (N.S.) 699. 
 41:(N.S.)307. 
 52:(N.S.)801. 
 1915D, 628. 
 1916E, 1225. 
 
 25:(N.S.)574. 
 
 1916B, 890. 
 
 27:(N.S.)287. 
 
 47:(N.S.)1149. 
 
 42:(N.S.)862. 
 
 (exhibition) 1915F, 568. 
 
 (639) 42:(N.S.)862. 
 
 (641) 42:(N.S.)862. 
 
 (643) 42:(N.S.)863. 
 
 28:(N.S.)490. 
 
 29:(N.S.)795. 
 41:(N.S.)223. 
 
 28:(N.S.)723. 
 
 33:(N.S.)325. 
 
 47:(N.S.)673. 
 
 726 25: (N.S.)382. 
 
 42:(N.S.)870. 
 
 739 1916A, 743. 
 
 745 1915A, 502. 
 
 S15 52:(N.S.)728. 
 
 824 1915D, 355. 
 
 834 1916E,236. 
 
 849 19150,576. 
 
 891 34:(N.S.)225. 
 
 924 27 : (N.S.) 420. 
 
 946 49 : (N.S.)677. 
 
 960 1916F, 1227. 
 
 968 , 52:(N.S.)275. 
 
 1003 44: (N.S.)680. 
 
 1916F,890. 
 
 1010 28: (N.S.)554. 
 
 1014 30:(N.S.)453. 
 
 1020 29 : (N.S.) 745. 
 
 1075 41:(X.S.)375. 
 
 1092 33: (N.S.)1023. 
 
 1107 39: (N.S.) 1085. 
 
 564 
 
 626 
 
 6,33 
 
 636 
 
 648... 
 
 679.. 
 691.. 
 
 23 L.R.A. (N.S.)— cont'd. 
 
 1207 
 
 1228 
 
 24 L.H.A.(N.S.) 
 
 103 
 
 153... 
 165... 
 173... 
 201 .. . 
 268 .. . 
 276... 
 279.:. 
 431... 
 458... 
 485 .. . 
 490... 
 507... 
 514... 
 557 .. . 
 
 564 
 
 577 
 
 692 (717) 
 
 788 
 
 913 
 
 933 
 
 991 
 
 1024 
 
 1159 
 
 1182 
 
 1257 
 
 1260 
 
 .48: (N.S.) 373. 
 .41: (N.S.) 1119. 
 
 .25:(N.S.)129?. 
 
 33: (N.S.) 179. 
 .38:(N.S.)459. 
 .49: (N.S.) 827. 
 .1915D, 172. 
 .34: (N.S.) 767. 
 .28:(N.S.)334. 
 .52:(N.S.)583. 
 .40:(N.S.)1142. 
 .48: (N.S.) 204. 
 .51:(N.S.)45. 
 . 1915A, 247. 
 .51: (N.S.) 1069. 
 .50: (N.S.) 1171. 
 .42:(N.S.)379. 
 .25:(N.S.)40. 
 
 38:(N.S.)487. 
 
 42:(N.S.)1178. 
 
 51:(N.S.)990. 
 .47: (N.S.) 1106. 
 .48:(N.S.)615. 
 .30: (N.S.) 666. 
 .1915F, 992. 
 .19160,626. 
 .40: (N.S.) 473. 
 .34:(N.S.)1137. 
 
 19150, 839. 
 .1916F;, 703. 
 .1915D,830. 
 .1915E,714. 
 .42: (N.S.) 840. 
 .34: (N.S.) 1060. 
 
 25 L.R.A.(N.S.) 
 
 1 
 
 33 
 
 40 
 
 50. 
 
 132. 
 180. 
 193. 
 
 239. 
 247. 
 343. 
 376. 
 382. 
 408. 
 446. 
 465. 
 
 529. 
 542. 
 574. 
 596. 
 708. 
 
 711. 
 734. 
 
 .51:(N.S.)261. 
 .38:(N.S.)973. 
 .38:(N.S.)487. 
 
 42:(N.S.)1178. 
 
 51: (N.S.) 990. 
 .30:(N.S.)694. 
 
 44: (N.S.) 156. 
 
 1916F, 286. 
 .19168,651. 
 .52: (N.S.) 943. 
 .34:(N.S.)453. 
 
 19160, 263. 
 .52: (N.S.) 465. 
 .40: (N.S.) 898. 
 .1916F,570. 
 .o2:(X.S.)230. 
 .42: (N.S.) 870. 
 .1916C,1022. 
 .48:(X.S.)308. 
 .37:(X.S.)193. 
 
 191.'>A, 369. 
 .,51:(X.S.)629. 
 .42:(X.S.)889. 
 .1!)16B, 890. 
 .10158,1121. 
 .42:(X.S.)624. 
 
 1915F, 1082. 
 .1915F. 1029. 
 .35: (N.S.) 699. 
 
 41:(N.S.)307. 
 
 52: (N.S.) 801. 
 
 1915D, 628. 
 
 1916E, 1225. 
 
TABLE OF SUPPLEMENTED L.E.A. NOTES. 
 
 653 
 
 25 L.R.A.(N.S.)— cont'd. 
 
 758 45: (N, 
 
 805 33: (N. 
 
 831 52:(N. 
 
 840 1915A 
 
 842 42: (N. 
 
 860 1915B, 
 
 930 47:(N. 
 
 943 52: (N. 
 
 980 50: (N. 
 
 1027 42:(N. 
 
 1040 SSiCN. 
 
 1211.... 1015D, 
 
 1220 43: (N. 
 
 1226 31: (N. 
 
 1915C, 
 
 1234 liUuB, 
 
 1285 lOlOA, 
 
 1297 33:(N 
 
 1308 1915A, 
 
 .S.)495. 
 S.)262. 
 ,S.)736. 
 ,491. 
 ,S.)782. 
 353. 
 ,S.)830. 
 ,S.)722. 
 .S.)465. 
 ,S.)209. 
 S.)336. 
 1211. 
 S.)137. 
 S.)455. 
 758. 
 780. 
 666. 
 S.)179. 
 77. 
 
 iS6 L.R.A.(N.S.) 
 
 134 
 
 171 
 
 179 
 
 .191.5E 
 .1915E, 
 
 189. 
 226. 
 242. 
 
 294. 
 315. 
 382. 
 
 394. 
 409. 
 437. 
 453 , 
 
 466. 
 502. 
 575. 
 603. 
 
 . ..28:(N, 
 
 43: (N, 
 
 . ..lOKiE, 
 
 . ..1916D, 
 
 . . .35:(N, 
 
 40: (N 
 
 51: (X, 
 
 1915F, 
 
 . . .1915B, 
 
 . . .1915C. 
 
 . ..33:(X 
 
 37:(N 
 
 47:(X 
 
 1916A 
 
 . . .1915D. 
 
 . . . 51 : (N 
 
 . . .36: (N 
 
 . ..3n:(N, 
 
 41: (N 
 
 46: (N, 
 
 . .1915A, 
 
 , ..1915E, 
 
 . . ..34: (X 
 
 . ..1916C 
 
 764. 
 
 774. 
 816. 
 
 895. 
 
 928 
 
 973 
 993 
 
 1004 
 1013 
 1126 
 1167 
 1207 
 
 1916A 
 
 1916A 
 
 28: (N, 
 
 46: (N. 
 
 (940) .34: (N, 
 
 44: (N, 
 
 (railroads) 1915A 
 
 .34: (N. 
 
 1916A, 
 
 1915E, 
 
 30: (N. 
 
 1916D, 
 
 1915D, 
 
 42: (N 
 
 1916D 
 
 267. 
 
 788. 
 
 S.)753. 
 .S.)355. 
 
 582. 
 
 1078. 
 
 S.)628. 
 ,S.)893. 
 
 S.)361. 
 
 830. 
 
 756. 
 
 345. 
 .8.) 79. 
 
 S.)834. 
 .S.)662. 
 ,957. 
 
 172. 
 
 S.)71. 
 ,S.)72. 
 
 S.)990. 
 ,S.)123. 
 ,S.)148. 
 
 138. 
 
 264. 
 
 S.)762. 
 
 902, 
 
 923, 
 
 929. 
 , 1054. 
 
 10.55. 
 .S.)825, 
 904. 
 .S.)759. 
 ,S.)994. 
 ,S.)268. 
 ,129. 
 S.)105. 
 
 1218. 
 
 955. 
 ,S.)520. 
 
 1063. 
 
 983. 
 S.)176. 
 
 826. 
 
 27 L.R.A.(N.S.) 
 
 1 1915A, 444. 
 
 (92) 44:(N.S.)164. 
 
 128 31:(X.S.)338. 
 
 157 49:(X\S.)600. 
 
 27 L.R.A.{N.S.)— cont'd. 
 
 164 
 
 168 
 
 176. 
 233. 
 255. 
 
 273. 
 
 283. 
 
 333. 
 
 357. 
 
 .395. 
 
 425. 
 
 446. 
 
 478. 
 
 487. 
 
 508. 
 
 522. 
 
 .537 . 
 
 ■573. 
 
 639. 
 
 674. 
 
 677. 
 
 684. 
 
 712. 
 
 764. 
 
 811. 
 
 843 1 
 
 864. 
 
 910. 
 
 966. 
 
 972. 
 1009. 
 1032. 
 1097. 
 1117. 
 
 1125. 
 1158. 
 
 1164. 
 
 ..50:(N.S.)929. 
 ..37:(N.S.)976. 
 
 49:(N.S.)415. 
 ..1915E, 1163. 
 ..43:(N.S.)383. 
 ..35:(X^.S.)549. 
 
 51:(N.S.)1097. 
 . . 1916F, 389. 
 . ,50:(N.S.)421. 
 . .5]:(X.S.)328. 
 . .51:(N.S.)1009. 
 ..51:(X.S.).522. 
 . . 1915E, 356. 
 ..1916F, 755. 
 ..45:(N.S.)473. 
 . .44:(N.S.)583. 
 ..37:(N.S.)1196. 
 ..1915B, 247. 
 ..49:(N.S.)67. 
 . .1915A, 768. 
 . .49:(N.S.)927. 
 . .19150,1086. 
 ..1916D, 196. 
 ..1915A, 91. 
 ..1916F, 1259. 
 ..37:(N.S.)724. 
 ..46:(X.S.)1059. 
 ..1916A, 734. 
 ..1915B, 570. 
 . .39:(N.S.)437. 
 . .48:(N.S.)893. 
 ..48:(N.S.)834. 
 ..1916A, 1006. 
 ..52:(N.S.)919. 
 ..34:(N.S.)613. 
 .,39:(X.S.)72. 
 
 41:(N.S.)473. 
 
 46:(N.S.)921. 
 ..39:(N.S.)43. 
 .,29:(N.S.)970. 
 
 30:(N.S.)914. 
 ..40:(N.S.)135. 
 
 28 L.R.A.(N.S.) 
 
 1 (51-56, 79) 1916C, 1109, 
 
 1122. 
 
 88 1916F, 1249. 
 
 113 1916B, 812. 
 
 178 1915B,740. 
 
 194 46:(N.S.)9. 
 
 200 51 : (N.S.)309. 
 
 202 39 : (N.S.) 1140. 
 
 227 1916A, 1213. 
 
 262 43:(N.S.)734. 
 
 327 1915A, 200. 
 
 463 36:(X.S.)1152. 
 
 490 29:(N.S.)795. 
 
 41:(N.S.)223. 
 
 495 1916F,235. 
 
 522 43:(N.S.)1150. 
 
 536 1916B, 846. 
 
 554 39:(N.S.)402. 
 
 1915C, 450. 
 566 30: (N.S.)409. 
 
 1915B, 685. 
 593 .32: (N.S.)240. 
 
 48:(X.S.)1221. 
 
 615 1915F, 1076. 
 
 648 1916D, 301. 
 
 665 1915F, 608. 
 
 673 19150,359. 
 
654 
 
 TABLE OF SUPPLEMENTED L.E.A. NOTES. 
 
 28 L.R.A.(N.S.) 
 
 680... 
 
 753 .. . 
 
 757... 
 
 773... 
 
 934... 
 
 959... 
 
 992... 
 1013... 
 1045... 
 1053 . . . 
 1108... 
 1255... 
 
 29 L.R.A.(N.S.) 
 
 49 . . 
 
 60 
 
 63 
 
 100 
 
 120 
 
 159 
 
 174 
 
 180 
 
 -cont'd 
 
 194. 
 
 199. 
 
 240. 
 
 299. 
 
 325. 
 
 351. 
 
 428. 
 
 472. 
 
 558. 
 
 577. 
 
 635. 
 
 052. 
 
 663. 
 
 671. 
 
 709. 
 
 795. 
 
 802. 
 
 808. 
 
 823. 
 
 842. 
 
 887. 
 
 900. 
 
 924. 
 
 970. 
 1179. 
 1195. 
 1214. 
 
 ..43:(N.S.)410. 
 . .43:(N.S.)355. 
 . .37:(N.S.)1115. 
 . .46:(N.S.)357. 
 ..19160,2.55. 
 . .3.8:(N.S.)134. 
 . .1915D,852. 
 . .1915E, 682. 
 . .41:(N.S.)175. 
 . .1915D, 142. 
 . .43:(N.S.)746. 
 . .49:(N.S.)517. 
 
 .52.:(N.S.)1032. 
 , .38:(N.S.)137. 
 , .46:(N.S.)552. 
 , .1915A,77. 
 , .34:(N.S.)621. 
 , .44:(N.S.)478. 
 
 .1916E, 1232. 
 
 .43:(N.S.)1158. 
 1916A, 486. 
 
 .1916F, 506. 
 
 .1915D,243. 
 , .52:(N.S.)266. 
 
 .1916E, 1094. 
 
 .19158,166. 
 . .44:(X.S.)395. 
 
 .19160,675. 
 , .39:(N.S.)324. 
 , .49:(N.S.)764. 
 , .41:(N.S.)462. 
 , .34:(]Sr.S.)126. 
 
 .1915E,581. 
 
 .1915D, 547. 
 
 .1910D, 981. 
 . .47:(N.S.)173. 
 , .41:(N.S.)223. 
 . .42:(N.S.)984. 
 
 .19160,364. 
 
 .38:(N.S.)1127. 
 . .1915A,67. 
 , .1915B, 884. 
 , .47:(N.S.)693. 
 , .46:(N.S.)702. 
 . .30:(N.S.)914. 
 , .42:(N.S.)320. 
 
 .19150,1189. 
 
 .19150,1077. 
 
 30 L.R.A.(N.S.) 
 
 1 
 
 60 
 
 122 
 
 1G7 
 
 211 
 
 278 
 
 291 
 
 319 
 
 339 
 
 375 
 
 409 
 
 458 
 
 462 
 
 481 
 
 552. 
 580. 
 637. 
 
 , .46:(N.S.)1096. 
 . ,1916B, 792. 
 , .1915B, 1149. 
 
 .47:(N.S.)1002. 
 . .50:(N.S.)252. 
 . .42:(N.S.)847. 
 . .42:(N.S.)332. 
 . .43:(N.S.)97. 
 , .1916A,468. 
 , .1916E, 248. 
 . .1915B, 685. 
 . .33:(N.S.)403. 
 
 .19100.834. 
 . .39:(X.S.)122. 
 43:(N.S.)1164. 
 19150, 1184. 
 . .52:(N.S.)754. 
 
 .41:(N.S.)1034. 
 , .52:(N.S.)889. 
 
 30 L.R.A.(N.S.)— cont'd. 
 
 694 44: (N.S.)156. 
 
 1916E, 286. 
 
 783 43: (N.S.)911. 
 
 51:(N.S.)958. 
 
 800 40: (N.S.)832. 
 
 51:(N.S.)337. 
 
 829 45: (N.S.)108. 
 
 833 48: (N.S.)619. 
 
 946 51 : (N.S.)8Z5. 
 
 957 49 : (N.S.)1123. 
 
 990 41: (N.S.)123. 
 
 46:(N.S.)148. 
 
 1084 51 : (N.S.) 1082. 
 
 1105 44: (N.S.)609. 
 
 1153 52: (N.S.)186. 
 
 1192 19150,155. 
 
 1207 48: (N.S.)531. 
 
 si L.R.A.(N.S.) 
 
 116 (117) 51:(N.S.)1143. 
 
 132 50: (N.S.)1040. 
 
 176 33:(N.S.)996. 
 
 180 1915A, 828. 
 
 278 19150,116. 
 
 301 40: (N.S.)263. 
 
 329 43:(X.S.)63. 
 
 417 1916A, 762. 
 
 455 19150,758. 
 
 491 19150,300. 
 
 517 19150,648. 
 
 543 47:(N.S.)710. 
 
 588 50: (N.S.)1182. 
 
 619 1916B, 1039. 
 
 65Y 38: (N.S.)357. 
 
 667 19150,962. 
 
 783 34:(N.S.)737. 
 
 881 39:(N.S.)580. 
 
 19160,1269. 
 
 900 19150,792. 
 
 916 39 : (N.S.) 770. 
 
 945 34: (N.S.)565. 
 
 960 1915F, 866. 
 
 991 1915E, 311. 
 
 1118 1915B,486. 
 
 1137 50: (N.S.)566. 
 
 32 L.R.A.(N.S.) 
 
 62 42: (N.S.) 1144. 
 
 52: (N.S.) 505. 
 
 72 48:(N.S.)420. 
 
 229 43: (N.S.)145. 
 
 240 48: (N.S.)1221. 
 
 303 44:(N.S.)57. 
 
 1916F, 864. 
 
 306 19150,817. 
 
 313 19160,608. 
 
 515 51:(X.S.)346. 
 
 526 52: (N.S.)791. 
 
 559 (566) 41: (N.S.)274. 
 
 588 1916E,905. 
 
 610 47: (N.S.) 1058. 
 
 622 1915B, 389. 
 
 713 42: (N.S.) 1070. 
 
 740 1915E,413. 
 
 792 51 : (N.S.)778. 
 
 809 1915E, 1023. 
 
 841 1915A, 564. 
 
 845 1915B, 189. 
 
 * 881 4S:(N.S.)974. 
 
 968 ini5E, 766. 
 
 1034 ■. ini5F, 1009. 
 
TABLE OF SUPPLEMENTED L.E.A. NOTES. 
 
 655 
 
 32 L.B.A.(N.S.)— cont'd. 
 
 1046 38: (N.S.)982. 
 
 1173. . , 52: (N.S.)241. 
 
 1186 41: (N.S.)407. 
 
 1201 1915E, 668. 
 
 33 L.R.A.(N.S.) 
 79 
 
 81. 
 
 112. 
 
 196. 
 207. 
 230. 
 
 236 (238, 243) . . 
 
 291 
 
 325 
 
 426 
 
 «513 (insurance) . 
 
 523. 
 592. 
 
 632. 
 639. 
 646. 
 
 706. 
 738. 
 759. 
 804. 
 883. 
 960. 
 1042. 
 
 (602) 
 
 .37:(N. 
 
 47:(N, 
 
 1916A 
 
 .37:(X 
 
 47:(N 
 
 1916A 
 
 .39: (N 
 
 1915C 
 
 .47:(N, 
 
 .51:(N, 
 
 .45: (N. 
 
 1916C, 
 
 .44: (N, 
 
 .1915D, 
 
 .47:(N, 
 
 .1915D, 
 
 .47:(N. 
 
 .1915C, 
 
 .50: (N. 
 .44: (N. 
 .1916A, 
 .1916B, 
 .42: (N. 
 49: (K 
 .38:(X, 
 .49: (X. 
 .43: (K, 
 
 .1916F, 
 .1915A, 
 .48: (N 
 .1915D, 
 
 .S.)834. 
 .8.) 662. 
 ,957. 
 .S.)834. 
 S.)662. 
 957. 
 .S.)242. 
 ,1169. 
 S.)932. 
 S.)369. 
 S.)228. 
 676. 
 S.)420. 
 621. 
 S.)673. 
 1184. 
 S.)294, 
 295. 
 435. 
 S.)991. 
 IS.)422. 
 474. 
 944. 
 
 S.)1229. 
 S.)472. 
 S.)867. 
 S.)132. 
 ,S.)994. 
 407. 
 521. 
 S.)198. 
 524. 
 
 34 L.R.A.(N.S.) 
 
 58 1915B, 834. 
 
 105 1916A, 1218. 
 
 109 52 : (X.S.) 385. 
 
 118 1916B. 947. 
 
 261 38 : (N.S.)40. 
 
 277 191.'iA, 580. 
 
 299 1915E,320. 
 
 351 1915C, 809. 
 
 445 52: (X.S.)1203. 
 
 454 19160,263. 
 
 466 50: (N.S.)1013. 
 
 506 52: (N.S.)1038. 
 
 573 42:(N.S.)720. 
 
 758 1915E, 161. 
 
 798 48: (N.S.)917. 
 
 1916D, 1224. 
 
 818 1916A, 1273. 
 
 874 42: (X.S.)793. 
 
 924 43: (X.S.)131. 
 
 940 19]r)E. 186. 
 
 977 19150,649. 
 
 984 19150,649. 
 
 994 44: (X.S.)268. 
 
 10,36 44: (N.S.)299. 
 
 1106 1915E, 421. 
 
 1137 19150,839. 
 
 35 L.R.A.(N.S.) 
 
 1 (64) 191.5A,899. 
 
 167 52:(N.S.)991. 
 
 35 L.R. 
 
 175 
 190 
 251 
 390 
 485 
 491 
 549. 
 563 
 
 574 
 
 628 
 
 699 
 
 802.. 
 
 979.. 
 1054.. 
 1066.. 
 1079.. 
 1084 
 1210 
 
 (575) 
 
 A. (N.S.)— cont'd. 
 
 1916r,782. 
 
 48:(N.S.)903. 
 
 1916D, 143. 
 
 1915B, 472. 
 
 49:(N.S.)147. 
 
 40:(N.S.)464. 
 
 51:(N.S.)1097. 
 
 50:(X.S.)510. 
 
 1916D, 211. 
 
 36:(N.S.)33. 
 
 42:(N.S.)643. 
 
 40:(N.S.)893. 
 
 51: (N.S.) 361. 
 1915F, 830. 
 
 ....; 41:(N.S.)307. 
 
 u2:(X.S.)801. 
 1915D, 628. 
 1916E, 1225. 
 
 41:(N.S.)111. 
 
 51:(N.S.)632. 
 
 1916A, 660. 
 
 1915A, 789. 
 
 38:(N.S.)420. 
 
 40: (N.S.) 1207. 
 
 (1085) 19160,570. 
 
 49:(X.S.)1108. 
 
 36 L.R, 
 
 33 
 
 50 
 
 98 
 
 124 
 
 185 
 
 208, 
 
 240 
 308 
 313 
 341 
 354 
 530 
 673 
 866. 
 
 997. 
 1045. 
 1158. 
 1194. 
 1211. 
 
 A. (N.S.) 
 
 42:(N.S.)643. 
 
 1915D, 884. 
 
 (99,102) 19150,729. 
 
 45:(N.S.)465. 
 
 52:(N.S.)760. 
 
 37: (N.S.) 1191. 
 
 51:(N.S.)726. 
 
 51:(N.S.)319. 
 
 47:(N.S.)981. 
 
 51:(N.S.)428. 
 
 51:(N.S.)234. 
 
 1915D,204. 
 
 1915D,215. 
 
 (722) 40:(X.S.)254. 
 
 51:(N.S.)1040. 
 
 1915E, 986. 
 
 1915B,134. 
 
 52:(X.S.)402. 
 
 1916F, 1291. 
 
 1915A, 382. 
 
 51:(N.S.)873. 
 
 37 L.R.A.(N.S.) 
 
 79 19160,1011. 
 
 193 1915A, 369. 
 
 206 (207) 1916E, 1163. 
 
 267 1916B, 1183. 
 
 409 1915A, 715, 
 
 722. 
 
 440 52:(N.S.)949. 
 
 1915D, 322. 
 
 518 1916E, 767. 
 
 539 1915D, 1118. 
 
 560 1915E,287. 
 
 618 19150,456. 
 
 724 49: (X.S.)810. 
 
 834 47 : (N.S.)662. 
 
 1916A, 957. 
 
 976 49: (N.S.)415. 
 
 1191 51 : (N.S.)726. 
 
 1217 1916E, 742. 
 
636 
 
 TABLE OF SUPPLEMENTED L.K.A. NOTES. 
 
 38 L.R.A.(ir.S.) 
 
 62 47: (N.S.)1214. 
 
 72 42: (N.S.)1073. 
 
 1915P, 698. 
 
 101 19150,877. 
 
 120 1915A, 541. 
 
 161 1915B, 87. 
 
 204 19158,1119. 
 
 258 1915B, 1202. 
 
 272 1915D, 911. 
 
 487 42: (X.S.)1178. 
 
 51:(N.S.)990. 
 
 497 1016E, 445. 
 
 508 1915A, 1137. 
 
 559 19150,870. 
 
 (crim. ooh.) 46: (N.S.)1084. 
 
 571 191oE, 152. 
 
 588 19160,618. 
 
 891 51:(N.S.)251. 
 
 913 ; 52: (N.S.)207. 
 
 1139 44: (y.S.)420. 
 
 39 L.E.A.(N.S.) 
 
 72 41:(X.S.)473. 
 
 46:(N.S.)921. 
 
 122 43 : (X.S.) 1164. 
 
 19150, 1184. 
 
 151 1916D, 1.54. 
 
 242 19150,1169. 
 
 350 19156,1058. 
 
 370 191.5D, 130. - 
 
 374 19168,974. 
 
 402 19150,450. 
 
 411 43:(N.S.) 954. 
 
 580 19160,1269. 
 
 747 19150,823. 
 
 901 19150,874. 
 
 933 48:(N.S.)424. 
 
 988 19158,154.- 
 
 1032 1915A, 606. 
 
 1088 19150,328. 
 
 1107 19160,676. 
 
 1182 1915E, 618. 
 
 40 L.R.A.(N.S.) 
 
 133 19150,605. 
 
 177 1915E,564. 
 
 457 44:(N.S.)113. 
 
 51:(N.S.)1164. 
 
 480 19158,481. 
 
 498 (after notice of in- 
 tention to quit) 1915A, 235. 
 
 585 1916D, 1276. 
 
 798 45: (N.S.)120. 
 
 832 51: (X.S.)337. 
 
 893 51 : (N.S.)361. 
 
 1915F, 830. 
 935 (drains or sewers) . .191.5A, 129. 
 
 1095 1915F, 955. 
 
 1165 1916F, 86. 
 
 41 L.R.A.(N.S.) 
 
 Ill 51:(N.S.)632. 
 
 123 46:(X^.S.)148. 
 
 307 52 : (XT.S.)801. 
 
 1915D, 628. 
 
 1916E, 1225. 
 
 473 46:(N.S.)921. 
 
 683 19168,827. 
 
 775 50:(X.S.)59. 
 
 1910F, 223. 
 799 19158,621. 
 
 41 L.B.A.(N.S.)— cont'd. 
 
 958 1916E, 280. 
 
 1009 19150, 661. 
 
 4* L.R.A.(W.S.) 
 
 69 19153,505. 
 
 176 1916D, 826, * 
 
 267 1915F,973. 
 
 546 1915A,654. 
 
 624 i . . . 1915F, 1082. 
 
 862 (864) 1915F, 568. 
 
 876 48:(N.S.)827. 
 
 915 1915E,460. 
 
 1070 191.5F, 690. 
 
 1101 1915A, 694. 
 
 1916B, 1173. 
 
 1123 44: (N.S.)1030. 
 
 19150, 981. 
 
 1144 52:(X.S.)505. 
 
 1155 1915E, 794. 
 
 1178 51 : (N.S.)990. 
 
 1229 49: (N.S.)472. 
 
 43 L.R.A.(N.S.) 
 
 109 1916A, 717. * 
 
 162 1915F,951. 
 
 187 1915r,1125. 
 
 447 1916E,448. 
 
 725 1916F, 171. 
 
 806 1915E,281. 
 
 862 1915E,316. 
 
 911 51:(N.S.)959. 
 
 961 1916E,253. 
 
 1037 19150,747. 
 
 1080 1915F, 894. 
 
 1158 1916A,486. 
 
 1164 19150, 1184. 
 
 44 L.R.A.(N.S.) 
 
 57 1916F,864. 
 
 70 51:(X.S.)585. 
 
 1915E, 575. 
 
 113 51: (N.S.)1164. 
 
 156 1916F,286. 
 
 257 50:(X.S.)819. 
 
 680 1916F,890. 
 
 1030 19150,981. 
 
 1069 1915E, 336. 
 
 45 L.R.A.(N.S.) 
 
 228 19160,676. 
 
 314 48:(X.S.)561. 
 
 382 19168, 630. 
 
 391 1916F, 1246. 
 
 629 47: (N.S.)1167. 
 
 46 L.R.A.(N.S.) 
 
 308 1915D, 1095. 
 
 517 1916D,1193. 
 
 561 (as insurance) 47 : (X.S.)296. 
 
 1043 1916F,215. 
 
 1049. 50: (X.S.)489. 
 
 47 L.R.A.(N.S.) 
 
 38 19150,48. 
 
 662 1916A,957. 
 
 730 1916F,101. 
 
 1087 1915D, 684. 
 
 48 L.R.A.(N.S.) 
 
 65 1915D, 1099. 
 
 213 19168,879. 
 
TABLE OF SLPi'LEMENTED L.R.A. NOTES. 
 
 657 
 
 48 L.R.A.(N.S.)— cont'd. 
 
 919 1916D, 1227. 
 
 987 19150,48. 
 
 50 L.R.A.(N.S.) 
 
 59 1916F,223. 
 
 227 1916D, 1102. 
 
 510 1916D, 211. 
 
 652 1916E, 759. 
 
 1100 1916E, 1193. 
 
 51 L.R.A.(N.S.) 
 
 68 1916F, 113. 
 
 361.; 1915F, 830. 
 
 583 (585) 1915E, 575. 
 
 772 1916B, 762. 
 
 1040 1915E, 986. 
 
 52 L.R.A.(N.S.) 
 
 142 19168,1186. 
 
 574 1916D, 832. 
 
 52 L.R.A. (N.S.)- -cont'd. 
 
 801 1915D, 628. 
 
 1916E, 1225. 
 949 1915D, 322. 
 
 L.R.A.1915A. 
 
 694 1916E,1173, 
 
 L.R.A.1915B. 
 
 834 1916E, 716. 
 
 L.R.A.1915D. 
 
 628 1916E, 1225. 
 
 691 1916E, 1295. 
 
 L.R.A.1915E. 
 
 127 1916B,1021. 
 
 287 1916F, 704. 
 
 L.R.A.1915F. 
 
 840 1916B, 1156.