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INDEX -DIGEST 
 
 MONOGRAPHIC NOTES 
 
 AMERICAN STATE REPORTS, 
 
 VOLUMES 1 TO 91. 
 
 BY 
 
 E. DE LOS/MAGEE. 
 
 SAN PEANCISCO: 
 BANCROFT-WHITNEY COMPANY, 
 
 Law Publishers and Law Booksbllees. 
 
 1903. 
 
•0 ^Cfl OCj 
 
 Copyright, 1903 
 
 BY 
 
 BANCROFT- WHITNEY COMPANY. 
 
 San Fkancisco: 
 Tbb Vjt.issB. Bkothbrs Electrotype Company, 
 
 TYPOeRAPBEKS AND STEKBOTVFERS. 
 
PREFACE. 
 
 The prime object of a digest is to enable the practitioner to 
 find points and principles of law for which he may be looking, 
 and to find them quickly and accurately. With this end in 
 view, the present index-digest has been prepared. 
 
 The general scheme which has been followed is that em- 
 ployed in the Century Digest and in the current American 
 and general digests. The reason for following this scheme 
 is that practitioners generally are more or less familiar with 
 the use of that system, and their work will be facilitated there- 
 by. The many voluminous notes on practically every subject 
 known to the law, which are to be found in the American State 
 Eeports, will thus be rendered far more serviceable by making 
 every point in them easily accessible. 
 
 Where the subject of a note might with reason be digested 
 under any one of several heads, sufficient reference to such note 
 wUl be found under each appropriate head, thus economizing a 
 practitioner's time in looking for a particular subject. 
 
 E. DB LOS MAGEE. 
 
 San Francisco, July, 1903. 
 
 (3) 
 
INDEX -DIGEST 
 
 MONOGRAPHIC NOTES 
 
 AMERICAN STATE REPORTS, 
 
 VOLUMES 1 TO 91, Il^CIiUSIVE. 
 
 ABANDONMENT. 
 
 of attempt to commit a crime. 20, 745. 
 
 of children, as a crime. 78, 240. 
 
 of homestead, whether judgment lien at- 
 taches on. 34, 501. 
 
 of leased premises, what justifies. 38, 
 476-492. 
 
 of mining claims. 87, 403-416. 
 
 of residence. 48, 714. 
 
 of sewer, right of. 29, 743. 
 
 of wife, effect on her property rights 
 and her power to contract. 64, 861- 
 871. 
 
 of work by contractor, effect on mechan- 
 ic's, lien. 43, 900-904. 
 
 ABATEMENT. 
 
 of legacies. 8, 720-726. 
 
 ABATEMENT AND REVIVAL. 
 I. Anotber Action Fendlns. 
 II. Objections to Proceedings. 
 III. Death of Party. 
 
 I. Another Action Pending*. 
 
 Abatement by another action pending. 
 
 action in the national courts, whether 
 
 may be pleaded in abatement of suit 
 
 in state court. 82, 587. 
 action in state court, whether may be 
 
 pleaded in abatement of suits in the 
 
 national court. 82, 587. 
 by attachment in action in naltional 
 
 court. 82, 594. 
 by garnishment in national courts. 
 
 82, 594. 
 by pendency of creditor's bill against 
 
 defendant in another court. 82, 594, 
 
 595. 
 effect of different parties in suit in 
 
 national court. 82, 593, 594. 
 
 (5) 
 
 Abatement by another action pending — Cont'd. 
 
 of action for death. 70, 683. 
 
 of suits in foreclosure in national courts 
 
 by prior suits in the state court. 82, 
 
 592. 
 probate proceedings cannot be pleaded 
 
 in abatement in actions in other 
 
 courts. 82, 595, 596. 
 suit in admiralty, when may be pleaded 
 
 in state court. 82, 595. 
 
 11. Objection to Proceedings. 
 
 Objection to proceedings. 
 
 objecting to grand jurors by plea in. 
 
 12, 909-911. 
 
 III. Dentb of Party. 
 
 Death of party and revival. 
 
 abatement with right of revival, not ter- 
 minate lis pendens. 56, 875. 
 
 by consolidation of corporations. 89, 
 648. 
 
 of action for death, by death of bene- 
 ficiary. 70, 685. 
 
 of action for death, by death of wrong- 
 doer. 79, 685, 686. 
 
 revivor of suit once dismissed, effect on 
 lis pendens. 56, 874. 
 
 ABETTING. 
 
 by wrongdoers as conversion of prop- 
 erty. 24, 798, 803. 
 
 ABORTION. 
 
 Abortion. 
 
 attempt to commit. 20, 745. 
 
 dying declarations, whether admissible 
 
 in prosecutions' for. 86, 666, 667. 
 homicide from, is manslaughter. 90, 
 
 578, 579. 
 place where committed. 44, 83. 
 
Absence from State 
 
 INDEX-DIGEST TO NOTES. 
 
 C 
 
 ABSENCE FROM STATE. 
 
 effect of, on statute of limitations. See 
 Limitation of Actions. 60, 201-205. 
 
 ABSTRACTS OF TITLE. 
 Abstracters. 
 
 are not guarantors. 72, 315. 
 
 certificates of, liability of is limited by. 
 72, 317. 
 
 damages recoverable for errors of. 72, 
 317. 
 
 liability of for omission from abstract. 
 72, 316. 
 
 negligence of, in relying on a marginal 
 reference. 72, 315. 
 
 register of deeds, liability of, wlien act- 
 ing as. 72, 315, 316. 
 
 right of action against for negligence, 
 when accrues. 72, 319. 
 
 taxes, liability for omitting from ab- 
 stract. 72, 316. 
 
 ABUSE. 
 
 Abuse. 
 
 of authority, as constituting trover. 
 24, 797. 
 
 of process, what is, and liability there- 
 for. 86, 397-411. 
 
 of property, as conversion thereof. 24, 
 805. 
 
 ACCELERATE. 
 
 flow of water over another's land, right 
 to. 85, 725-735. 
 
 ACCEPTAHrCE. 
 
 Acceptance. 
 
 by donee of voluntary trust, necessity 
 
 for. 34, 214. 
 by trustee of voluntary trust, necessity 
 
 for. 34, 214, 215. 
 of charter of incorporation, necessitv 
 
 for. 33, 176, 177. 
 of deeds, when presumed. 53, 545, 546. 
 of negotiable instruments. 1, 134-138. 
 of public office, obligation to. 36, 523, 
 
 524. 
 of resignation from public office. 36, 
 
 .525-527. 
 
 ACCESSION. 
 
 Accession. 
 
 change in character of property by tres- 
 passer, whether changes title. 44, 
 ■444-448. 
 
 innocent taking of personal property, 
 from one not the owner. 44, 447-448. 
 
 innocent taking of personay property, 
 effect on title. 44, 446, 447, 
 
 personal property taken by one not the 
 owner and changed in form, effect on 
 title. 44, 444-446. 
 
 title by. 44, 444-448. 
 
 title by, to property changed in form. 
 44, 444-448. 
 
 Accident — Continued. 
 
 as ground of relief from forfeiture. 86, 
 
 49, 50. 
 death by, what is. 8, 763-766. 
 liability for. 36, 815, 816, 837, 838. 
 presumption of negligence from. 20, 
 490-495. 
 
 ACCIDENT INSURANCE. 
 
 evidence of cause of death. 50, 441-443. 
 See Insurance. 
 
 ACCOMMODATION PAPER. 
 
 Accommodation paper. 
 
 acceptance of negotiable instruments. 
 
 1, 136, 138. 
 discounting, as usury. 46, 184, 185. 
 rights and liabilities of makers and in- 
 dorsers. 31, 745-757. 
 
 ACCOMPLICES. 
 
 Accomplices. 
 
 in burglary. 2, 399. 
 
 turning state's evidence. 40, 770-772. 
 
 ACCOUNT. 
 
 Account. 
 
 amendment to pleadings in. 51, 419. 
 between co-owners of ships. 90, 390-394. 
 between cotenants. 52, 924-941. 
 between cotenants. 91, 871-880. 
 between partners after dissolution. 40, 
 
 574-576. 
 by voluntary associations. 68, 859. 
 liability of infant on. 18, 613, 614. 
 with deceased administrator or guardian. 
 8, 684. 
 
 ACQUIESCENCE. 
 
 distinguished from laches. 2, 795. 
 
 ACQUITTAL. 
 
 appeal by state after, in criminal cases. 
 
 48, 213-215. 
 of one conspirator, effect. 3, 492. 
 See Criminal Law; 
 
 ACCRETION. 
 
 Accretion. 
 
 apportionment of. 72, 283 284 
 difference between and 'avulsion. 72, 
 
 doctrines concerning. 35 307-313 
 
 erosion. 72, 284, 285. ' 
 
 in navigable waters, ownership of. IP, 
 
 islands in navigable rivers, doctrines 
 concerning. 72, 280-286. 
 
 See Waters and "Watercourses. 
 ACCUMULATIONS. 
 
 ''Ig'^lSr'' *^^ """^^ ^^^^""^^ perpetuities. 
 
 Accident. 
 
 ACCIDENT. 
 
 ACKNOWLEDGMENT. 
 I. Nature of, 
 
 as ground for equitable relief from "• Taking ana Certlfleate 
 judgments. 54, 240, 242. m. Effect. 
 
INDEX-DIGEST TO NOTES. 
 
 Action 
 
 I. Natnre of. 
 
 Acknowledgments. 
 
 contents of certificate of. 54, 150. 
 of deeds by married women. 6, 642, 643. 
 of power of attorney by married women. 
 84, 769-770. 
 
 II. Taking' and Certificate. 
 
 Taking acknowledgments. 
 
 acknowledgment of deeds before an 
 agent of one of the parties. 56, 802. 
 
 acknowledgment of deeds before an at- 
 torney of one of the parties. 56, 803. 
 
 acknowledgment of deeds before an 
 officer who is agent of a corporation 
 interested therein. 56, 802. 
 
 acknowledgment of deeds by an officer 
 who is interested but whose interest 
 does not appear from the instrument. 
 56, 801. 
 
 acknowledgment of deeds cannot be 
 taken and certified by an interested 
 party. 56, 798, 799. 
 
 acknowledgment of conveyance of a mar- 
 ried woman taken before her husband. 
 56, 802. I 
 
 acknowledgment of deeds, interest which 
 will . disqualify an officer from taking. 
 56, 799, 800. 
 
 acknowledgment of deeds, notaries pub- 
 lic, interest which will disqualify them 
 from taking. 56, 800. 
 
 acknowledgment of deeds, parol evidence 
 to prove that it was before an inter- 
 ested officer. 56, 801. 
 
 notaries' duties respecting acknowledg- 
 ment of conveyances. 82, 382. 
 
 taking, whether is a judicial act. 54, 
 150, 152. 
 
 III. BlCect. 
 
 Effect of acknowledgment. 
 
 certificate of, conclusiveness of. 54, 151- 
 
 153. 
 certificate of, how may be avoided. 54, 
 
 151. 
 certificate of, impeaching as against in- 
 nocent holders. 54, 153, 154. 
 certificate of is prima facie evidence 
 
 of the due execution of the deed. 54, 
 
 156. 
 conclusiveness of. 54, 150-159. 
 evidence to disprove the certificate of. 
 
 54, 156, 157. 
 impeaching. 6, 643. 
 jurisdiction to take, want of may be 
 
 proved. 54, 154. 
 married woman, impeaching certificate 
 
 of. 54, 154, 155. 
 party testifying that the certificate is 
 
 false whether must be corroborated. 
 
 54, 156, 157. 
 
 ACQUAINTANCE. 
 
 of conspirators. 3, 480. 
 
 ACTION. 
 I. In General. 
 II. liocal Actions. 
 III. Transitory Actions. 
 
 I. In General. 
 
 Actions in general. 
 
 against stockholders to enforce personal 
 liability. 37, 168-175. 
 
 as revocation of parol license. 31, 714. 
 715. 
 
 between husband and wife, when main- 
 tainable. 73, 268-281. 
 
 by holders of collateral securities. 32, 
 726-731. 
 
 dismissal of, restitution of possession 
 after. 17, 264. 
 
 for enticing away servant. 11, 575-577. 
 
 receivers, by and against. 71, 355, 358, 
 359. 
 
 recovery of damages in one or successive 
 actions. 5, 539, 540. 
 
 splitting cause of aotion to give juris- 
 diction. 21, 621. 
 
 when one aotion precludes bringing of 
 another inconsistent action. 10, 487- 
 494. 
 
 II. Local Actions. 
 
 Local actions. 
 
 local and transitory. 22, 22-27. 
 
 local and transitory, definition of. 22, 
 
 22. 
 local and transitory, distinction between. 
 
 22, 22. 
 local and transitory, tests to determine 
 
 whether. 22, 22. 
 local and transitory, whether may be 
 
 united. 22, 22. 
 local, relating to land, are. 22, 22-24. 
 local, replevin action, when. 22, 24. 
 local, specific performance, suits for are. 
 
 22,1 23. 
 local, trespass, actions of are. 60, 426, 
 
 427. 
 local, what are. 22, 22-24. 
 
 III. Transitory Actions. 
 
 Transitory actions. 
 
 bankruptcy proceedings enjoining suits 
 in another state to avoid effect of. 59, 
 880. 
 
 between residents of a foreign nation, 
 discretion of the courts to decline 
 jurisdiction. 59, 870-873. 
 
 by one nonresident of a foreign country 
 against another. 59, 870. 
 
 declining jurisdiction of because of dif- 
 ferences between the laws of two 
 states. 59, 876. 
 
 discretion of courts to decline jurisdic- 
 tion of causes arising in a sister state. 
 59, 873-875. 
 
 exemption laws, enjoining prosecution of 
 in another state to avoid the effect of. 
 59, 883. 
 
 foreign corporations may be denied the 
 right to prosecute. 59, 877. 
 
 injunction against prosecuting in a for- 
 eign country. 59, 878. 
 
 injunction against prosecuting in anothei 
 state to avoid the effect of bankruptcy 
 proceedings. 59, 880. 
 
 injunction against prosecuting in another 
 state to avoid the effect of exemption 
 laws. 59, 883, 
 
Action on the Case 
 
 INDEX-DIGEST TO NOTES. 
 
 8 
 
 Transitory actions — Continued. 
 
 injunction against prosecution in another 
 
 state or country to avoid the effect of 
 
 pre-existing suits. 59/882. 
 injunction against prosecuting in another 
 
 state to avoid the effect of statute of 
 
 limitations. 59, 885. 
 injunction against prosecuting in another 
 
 state to enforce an illegal contract. 
 
 59, 883. 
 injunction against prosecuting in another 
 
 state to interfere with a receivership. 
 
 59, 881, 882. 
 
 receiver, when may enjoin prosecution of 
 in another state or country. 59, 881, 
 , 882. 
 transitory and local, differences between. 
 
 60, 425. 
 
 transitory, contracts, actious founded on 
 are. 22, 22. 
 
 transitory, judgments, actions on, are. 
 22, 25. 
 
 transitory, land, what actions concerning, 
 are. 22, 24, 25. 
 
 transitory, persons and personal prop- 
 erty, actions for injuries to, are. 22, 
 22-24. 
 
 transitory, trover, action of is. 22, 24. 
 
 where a cause of action is barred by 
 statute of limitation. 59, 877. 
 
 ACTION ON THE CASE. 
 
 for abuse of process. 86, 408, 409. 
 ACT OF GOD. 
 Act of God. 
 
 delay caused by, liability of express com- 
 panies for. 61, 379. 
 
 effect of, on proximate cause. 36, 838- 
 840. 
 
 preventing performance of contract, ef- 
 fect of. 59, 282. 
 
 liability for concurrence of, with negli- 
 gence. 36, 838, 840. 
 
 when excuses carrier for delay in trans- 
 portation of goods. 11, 362-364. 
 
 ACTOKS. 
 
 specific performance of contracts of. 
 68, 762. 
 
 ADJOINING LAND OWNEES. 
 
 action for damages to recover for viola- 
 tion of right of. 33, 472-476. 
 
 adjacent and subjacent support, rules 
 concerning, are the same. 33, 446, 447. 
 
 damages for violating right to. 33, 474- 
 476. 
 
 damages, measure of, for violating right 
 to. 33, 475, 476. 
 
 damages to buildings, consequential, fOr 
 violating right to. 33, 474, 475. 
 
 defenses to action for violating right of. 
 33, 474. 
 
 definitions of. 33, 446. 
 
 excavations, duty of person making, to 
 give notice to owner of adjacent build- 
 ing. 33, 470, 471. 
 
 excavations, liability for negligent. 33, 
 468-470. 
 
 excavation on land, extent of neighbor's 
 right of. 33, 449-451. 
 
 Adjoining la/nd ovoners — Continued. 
 
 for buildings, acquired by grant. 33, 
 456-458. 
 
 for buildings, acquired by prescription, 
 English doctrine. 33, 459-463. 
 
 for buildings, acquired by prescription. 
 33, 459-465. 
 
 for buildings, acquired by prescription, 
 American decisions. 33, 463-465. 
 
 for buildings, acquired by statute. 33, 
 458, 459. 
 
 for buildings, how acquired. 33, 456. 
 
 grants, effect of, upon. 33, 451-453. 
 
 independent contractors, land owner's 
 liability for excavations madel by. 33, 
 473, 474. 
 
 injunction against violation of right of. 
 33, 471, 472. 
 
 land owner, liability of, for violating 
 right of. 33, 473. 
 
 municipal liability for removing, in grad- 
 ing streets. 34, 845-849. 
 
 negligence in making excavations, lia- 
 bility for. 33, 468-470. 
 
 remedies for violation of right of. 33, 
 471-476. 
 
 right of, as against municipal corpora- 
 tions. 33, 465-467. 
 
 right of, against private corporations 
 acting under legislative authority. 33, 
 467. 
 
 right of, for buildings and other artificial 
 structures. 33, 453-455. 
 
 right to. 33, 446-476. 
 
 right to, incidental to land in its 
 natural condition. 33, 447, 448. 
 
 special agreements concerning, effect of. 
 33, 451-453. 
 
 statute of limitations in action for vio- 
 lating right of. 33, 472, 473. 
 
 underground waters, support from, right 
 of. 33, 455, 456. 
 
 who is liable for injury to right of. 33, 
 473. 
 
 who may sue for violation of right of. 
 33, 473. 
 
 ADJOURNMENT. 
 
 of trustee's sale. 19, 291. 
 
 ADMIRALTY. 
 
 Admiralty. 
 
 attorney's fees, allowance of in. 8, 160. 
 jurisdiction of action for death of human 
 
 being in. 70, 681. 
 jurisdiction of state courts to enforce 
 
 liens against vessels. 34, 309, 310. 
 jurisdiction, over what waters extends. 
 
 19, 227. 
 maritime contracts, lien upon, created by 
 
 state statutes. 34, 309, 310. 
 state claims will not be enforced in. 2, 
 
 804. 
 
 ADOPTION. 
 Adoption. 
 
 annulment of. 39, 222, 223. 
 
 children of .adopted child, inheritance 
 
 by. 39, 225, 226. 
 collateral attack Upon proceedings. 39, 
 
 215-218. 
 constitutionality of, statutes of. 39. 
 
 212, 213. ' 
 
9 
 
 INDEX-DIGEST TO NOTES. 
 
 Adverse Possession 
 
 Adoption — Continued. 
 
 effect of, on the child. 39, 223. 
 6st()pped by proceedings, who is. 39, 
 
 219, 220. 
 estoppel to attack proceedings. 39, 219, 
 
 220. 
 extraterritorial effect of. 39, 229-231. 
 heirs of adopted child, who are. 39, -228, 
 
 229. 
 inheritance, right of child, in estate of 
 
 adopted parents. 39, 223-225. 
 inheritance, right of children of adopted 
 
 child to. 39, 225, 226. 
 joint adoption. 39, 218, 214. 
 of children of another. 39, 210-231. 
 of minors. 89, 214, 215. 
 origin of law of. 39, 210, 211. 
 proceedings for, nature of. 39, 211, 212. 
 proceedings to annul. 39, 222, 223. 
 proceeamgs to secure. 39, 220-222. 
 right of adopted children to inherit 
 
 property. 12, 100, 101. 
 validity of. 39, 215-218. 
 who may adopt a child. 39, 213. 
 who may be adopted. 39, 214, 215. 
 wills, when child entitled to share in. 
 
 39, 226-228. 
 
 ADULTERATION. 
 
 of food, when a crime. 78, 243, 261, 262. 
 
 ADULTERY. 
 
 Adultery. 
 
 as a recriminatory defense in divorce. 
 
 86, 336-339. 
 is not cruelty. 65, 82. 
 when bars wife's right to succession. 
 12, 93. 
 
 ADVANCES. 
 
 consignment of goods for sale vests title 
 to extent of. 45, 204, 205. 
 
 ADVERSE CLAIM. 
 
 to goods in hands of common carrier. 
 34, 731-736. 
 
 ADVERSE POSSESSION. 
 
 I. JTatmre and Reanlsltes. 
 II. Effect. 
 
 I. Natnre and Reqnisftes. 
 
 Elements of adverse possession. 
 
 claim of title necessary. 28, 158, 159. 
 clandestine use not sufficient disseisin. 
 
 28, 159. 
 essential elements. 11, 342, 343; 28, 158- 
 
 162. • 
 hostility to owner's title essential. 28, 
 
 158. 
 mistake and ignorance as to boundary 
 
 lines, effect of. 24, 388-390. 
 notice to owner, acts equivalent to. 28, 
 
 159, 160. 
 
 notoriety essential to. 28, 158. 
 notorious possession, acts not sufficient. 
 
 28, 161, 162. 
 notorious possession acts showing. 28, 
 
 160, 161. 
 
 taxes, payment of, does not constitute. 
 28, 161. 
 
 Color of title. 
 
 acknowledgment of deed is not necessary 
 to give. 88, 711. 
 
 agent's deed may give. 88, 717. 
 
 bad faith or fraud does not affect. 88, 
 7U. 
 
 certainty of description, extrinsic evi- 
 dence to aid. 88, 710. 
 
 certainty of description to give. 88, 
 708-710. 
 
 chain of title not necessary to give. 88, 
 706. 
 
 claim of title distinguished from. 88, 
 703. 
 
 color of title in adverse possession. 88, 
 701-729. 
 
 condemnation proceedings will consti- 
 tute. 88, 729. 
 
 constructive notice of bad title not suffi- 
 cient to affect. 88, 713, 714. 
 
 contract to convey, if oral, may some- 
 times give. 88, 719. 
 
 contract to convej"^, when in writing, 
 may give. 88, 718, 719. 
 
 cotenant's deed may give. 88, 717. 
 
 dates from what time, under tax deeds. 
 88, 728, 729. 
 
 deed absolute by mortgagor to mort- 
 gagee, may give. 88, 720. 
 
 deed of homestead, when not give. 88, 
 720. 
 
 deed of tax purchaser gives. 88, 729. 
 
 definition of. 88, 702. ' 
 
 descent cast on heirs by ancestor 's death 
 will give. 88, 721, 722. 
 
 description in deed, mistake in, does not 
 affect. , 88, 710, 711. 
 
 devise of land may constitute. 88, 721. 
 
 dower transfer, even if void, will give. . 
 88, 722. 
 
 executor's or administrator's deed will 
 give. 88, 725. 
 
 foreclosure deeds will give. 88, 724, 725. 
 
 forged writing may give. 88, 721. 
 
 fraudulent conveyance, when will give. 
 88, 720, 721. 
 
 good faith, whether essential to give. 
 88, 712-716. 
 
 grantor without title may give. 88, 716, 
 717. 
 
 guardian's deed will give. 88, 725, 726. 
 
 husband's deed of wife's property may 
 give. 88, 718. 
 
 Indian's deed, when not give. 88, 718. 
 
 instruments which will not give. 88, 
 723. 
 
 judgment or decree may give. 88, 723. 
 
 judicial proceedings, though void, will 
 give. 88, 723, 724. 
 
 married woman's deed may give. 88, 
 718. 
 
 miscellaneous instruments which will 
 give. 88, 722. 
 
 necessity of. 88, 703. 
 
 partition decree will give. 88, 726. 
 
 partition deed or agreement will give. 
 88, 726. 
 
 person non compos mentis may make 
 deed giving. 88, 718. 
 
 purpose and effect of. 88,' 703, 704, 
 
 quitclaim deed may give. 88, 719. 
 
 recording of deed not necessary to give. 
 88, 711, 712. 
 
 requisites of. 88, 704-716. 
 
Affinity 
 
 INDEX-DIGEST TO NOTES. 
 
 10 
 
 Color of title — Continued. 
 
 seal on deed is not necessary to give. 
 88, 711. 
 
 sheriff's receipt of sale will give. 88, 
 724. 
 
 sheriff's return of execution showing 
 sale will give. 88, 724. 
 
 sheriff's void deed will give. 88, 723, 
 724. 
 
 tax certificate of purchase, whether con- 
 stitutes. 88, 729. 
 
 tax deed is generally. 88, 726, 727. 
 
 tax deed void on its face, whether will 
 constitute. 88, 727, 728. 
 
 valid instrument not necessary to. 88, 
 
 704, 705. 
 
 validity of instrument is immaterial. 88, 
 
 705, 706. 
 
 void instrument is sufficient. 88, 705. 
 words purporting to convey, necessity of. 
 
 88, 708. 
 writing requisite to, actual possession 
 
 dispenses with necessity of. 88, 707, 
 
 708. 
 writing requisite to, decisions afBrming. 
 
 88, 707. 
 writing requisite to, decisions denying. 
 
 88, 706. 
 
 II. Effect. 
 
 Effect of adverse possession. 
 
 adverse possession against reversioners 
 
 and remaindermen. 14, 636-638. 
 adverse possession as between husband 
 
 and wife. 18, 113-115. 
 by one cotenant of a mine against an- 
 other. 91, 862-864. 
 of lands devoted to a public use. 87, 
 
 775-782. ' 
 
 of lands held by railroads and other 
 
 quasi-public corporations. 87, 780-782. 
 of property held by municipal and other 
 
 public corporations. 87, 775-780. 
 of public lands. 76, 479-495. 
 of state lands. 76, 488-490. 
 of street. 1, 844. 
 tenant, when may acquire title bv. 89 
 
 85-92. •^ 
 
 AFFINITY. 
 
 defined. 21, 797. 
 
 relationship by, disqualifies a juror. 9, 
 
 754, 755. 
 who are related by. 79, 200-205. 
 
 AGBEEMENT. 
 
 in conspiracy. 3, 475-477. 
 
 See Contracts, 
 to give mortgage, as equitable mortgage. 
 4, 700, 701. 
 
 ALCHEMY. 
 
 belief in, as evidence of insane delusion. 
 63, 92.. 
 
 ALIENATING AFFECTIONS. 
 
 action for. 44, 845-852. 
 
 wife's action for alienating husband's 
 
 affections. 46, 472-478. 
 wife's right to sue for. 28, 217, 218. 
 
 ALIENATION. 
 
 of contingent remainders. 17, 840. 
 
 A lienation — Continued. 
 
 of corporate stock,' to what extent may 
 
 be restricted. 57, 379-396. , 
 restraints upon, of beneficial interest in 
 trust. 9, 406. 
 
 ALIENS. 
 
 Aliens. 
 
 enemy, jurisdiction over. 6, 190. 
 inheritance, right to transmit or receive. 
 
 12, 93-95. 
 right to inherit, treaties may control. 
 
 12, 94. 
 
 wives of,' may contract and do business 
 as if unmarried. 64, 869. 
 
 ALIBI. 
 
 defense of, instructions showing hostility 
 to. 14, 41-44. 
 
 ALIMONY. 
 
 allowance of, in suits for divorce? 7J, 
 
 88-91. 
 contract to secure, on contingent fee. 
 
 13, 299. 
 
 See Divorce. 
 
 ALLUVION. 
 
 doctrines concerning. 35, 307-313. 
 See Waters and Watercourses. 
 
 ALMSHOUSE. 
 
 municipal, liability for negligent man- 
 agement of. 30, 402. 
 
 ALTERATION OF INSTRUMENTS. 
 
 Alteration of instruments. 
 
 accidental alterationi is of no effect. 86, 
 116. 
 
 action upon original debt, whether alter- 
 ation destroys right of. 86, 122, 123. 
 
 actual injury from alteration unneces- 
 sary. 86, 87. 
 
 addition of attesting witness, when mate- 
 rial alteration and when not. 86, 94, 
 95. 
 
 addition of maker is material alteration 
 and discharges other makers. 86, 94. 
 
 addition of maker is material alteration 
 and discharges surety. 86, 92. 
 
 addition of memoranda or separate eon- 
 tracts must be with intent to alter in- 
 strument. 86, 115, 116. 
 
 addition of surety is material alteration 
 and discharges nonconsenting sureties. 
 86, 92-94. 
 
 addition of waiver to indorsement is 
 material alteration. 86, 99, 100. 
 
 alteration apparent on its face is pre- 
 sumed to have been made after exe- 
 cution. 86, 131-133. 
 
 alteration apparent on its face is pre- 
 sumed to have been made before or at 
 time of execution. 86, 133, 134. 
 alteration before execution of instru- 
 ment has no effect. 86, 112, 113. 
 
 alteration by agent of maker in excess 
 of express authority to fill blanks. 
 86, 111, 112. 
 alteration by co-obligor. 86, 107. 
 alteration by one pecuniarily interested 
 
 in the instrument. 86, 105. 
 alteration by public officer. 86, 105, 106. 
 
11 
 
 INDEX-DIGEST TO NOTES. 
 
 Amount in Controversy 
 
 Alteration of instruments — Continued. 
 
 alteration by special agent of holder. 
 
 86, 105. 
 alteration by thief. 86, 105. 
 
 alteration made by one not a stranger 
 to the instrument. 86, 102-112. 
 
 alteration made by or with consent of 
 party alleging it is valid. 86, 102. 
 
 alteration made to eorreetj mistake or to 
 conform instrument to intent of par- 
 ties, whether vitiates instrument. 86, 
 116, 117. 
 
 alteration must be material to avoid an 
 instrument. 86, 84, 85. 
 
 alteration of accommodation paper be- 
 fore delivery to payee vitiates it. 86, 
 113, 114. 
 
 alteration of amount ia material. 86, 96. 
 
 alteration of date is material. 86, 99. 
 
 alteration of duplicate does not destroy 
 effect of other copy of instrument. 
 86, 118. 
 
 alteration of executed contract does not 
 affect the title vested under it. m, 
 124, 125. . 
 
 alteration of interest clause is material. 
 86, 96, 97. . 
 
 alteration of medium of payment is 
 material. 86, 99. .' 
 
 alteration of memoranda is material if 
 memoranda form part of instrument. 
 86, 100, 101. . 
 
 alteration of negotiability is material. 
 86, 95, 96. 
 
 alteration of place of payment is mate- 
 rial. 86, 98, 99. 
 
 alteration of serial numbers on bonds 
 and coupons is not usually material. 
 86, 100. 
 
 alteration of subject matter is usually 
 a material alteration. 86, 101, 102. 
 
 alteration of time of payment is mate- 
 rial. 86, 97, 98. 
 
 alteration where instrument is restored 
 to its original condition, when vitiates 
 instrument. 86, 118, 119. 
 
 any alteration of written instrument in- 
 validates it in Missouri and New Jer- 
 sey. 86, 85, 86. 
 
 bona fide purchase of altered instrument 
 does not restore its validity. 86, 121, 
 122. 
 
 burden of proving alteration is on party 
 alleging it if alteration is not appar- 
 ent. 86, 128, 129. 
 
 change of name of grantee or payee is 
 material alteration. 86, 88, 89. 
 
 change of name of maker or drawer is 
 material alteration. 86, 89. 
 
 effect of alteration on rights of parties. 
 86, 117-126. 
 
 effect of alteration where negligence of 
 maker has facilitated it. 86, 119-121. 
 
 erasure of name of principal obligor is 
 material alteration. 86, 90. 
 
 erasure of name of one surety is mate- 
 rial and discharges others. 86, 91. 
 
 erasure of name of surety does not dis- 
 charge principal. 86, 90, 91. 
 
 erasure of words merely descripitio per- 
 ' sonae is immaterial alteration. 88, 89, 
 
 90. ' 
 
 Alteration of instruments — Continued. 
 
 executory covenants of execijted eon- 
 tract, material alteration will destroy 
 right of action on. 86, 125. 
 
 fact of alteration a question for the 
 jury. 86, 127, 128. 
 
 implied authority from holder to alter 
 instrument, effect of. 86, 104, 105. 
 
 implied authority from maker to make 
 alteration. 86', 106, 107. 
 
 implied authority in holder to fill in 
 blanks in written instruments. 86, 
 107-109. 
 
 implied authority to fill blanks not in- 
 clude power to add unnecessary terms 
 or make erasures.' 86, 109-111. 
 
 instrument, as evidence of vested title, 
 effect of alteration upon. 86, 125, 126. 
 
 intent must exist to alter the instrument 
 or it has no effect. 86, 115, 116. 
 
 intent with which alteration is made is 
 usually immaterial. 86, 114, 115. 
 
 liability of maker of negotiable paper 
 on altered instrument. 4, 25, 26. 
 
 material and unauthorized, vitiates the 
 instrument. 86, 117, 118. 
 
 materiality of alterations.' 86, 84-102. 
 
 materiality of alteration a question for 
 the court. 86, 127, 128. 
 
 materiality, test of, in alterations. 86, 
 86,' 87. 
 
 material, what alterations are. 86, 86- 
 102. 
 
 money paid upon altered instrument may 
 be recovered. 86, 123, 124. 
 
 mortgage to secure note, alteration of 
 note will defeat recovery on. 86, 123. 
 
 origin of rule that unauthorized altera- 
 tion makes instrument void. 86, 83, 84. 
 
 possible benefit or injury of alteration 
 immaterial. 86, 87. 
 
 presumption as to time of alteration, rule 
 that there is none. 86, 129-131. 
 
 presumption that alteration was made 
 by holder of instrument. 86, 134. 
 
 ratification of alteration. 86, 126, 127. 
 
 reason for rule that unauthorized alter- 
 ation makes instrument void.' 86, 83. 
 I strangers cannot alter instruments. 86, 
 102-112. 
 
 terms supplied by law, addition or era- 
 sure of, does not invalidate instru- 
 ment. 86, 87, 88. 
 
 terms which may be supplied by con- 
 struction, addition or erasure of, im- 
 material. 86, 88. 
 
 unauthorized alteration of written in- 
 struments. 86, 80-134. 
 
 unauthorized alteration of written in- 
 strument generally makes it void. 86, 
 82, 83. 
 
 who may make alterations. 86, 102-112. 
 
 AMALGAMATION". 
 
 of corporations, how differs from con- 
 solidation. 89, 612. 
 
 AMBASSADOBS. 
 
 attacking judgments against. 23, 115. 
 
 AMOUNT IN CONTROVERSY. 
 
 jurisdiction as depending on. 21, 617- 
 621. 
 
Ancient Bounclaj'ies 
 
 INDEX-DIGEST TO NOTES. 
 
 12 
 
 ANCIENT BOUNDARIES. 
 
 how established. 22, 35. 
 
 ANCILLARY ADMINISTRATORS. 
 
 rights and powers of. 45, 664-667. 
 
 ANCIENT DEEDS. 
 
 what are, and admissibilty in evidence. 
 9, 302-304. 
 
 Animals. 
 
 ANIMALS. 
 
 common inclosure have no division fences 
 
 liability for trespassing therein. 81, 
 
 451-453. 
 cruelty to, as a crime. ""TS, 240. 
 cultivated lands of another, ranging 
 
 upon. 81, 448. 
 description of, in chattel mortgage. 14, 
 
 241, 242. . 
 
 disease spread by, liability for. 47, 539, 
 
 546, 551. 
 distraining animals damage feasant. 90, 
 
 212-214. 
 distraining, right of. 90, 212. 
 escape of, liability for catsing. 36, 831, 
 
 832. 
 estrays, statutes governing. 8, 271-273. 
 frightening, liability for. 36, £32. 
 game laws. 42, 138-144.^ 
 herding upon the uniaclospd lands of 
 
 another without his consent. 81, 449- 
 
 451. 
 impounding, running at large. 90, 216. 
 in charge of a herdsman, liability for 
 
 grazing on the lands of another. 81, 
 
 451. 
 larceny of. 88, 587, 588. 
 liability of owner for acts of. 16, 631, 
 
 632. 
 master's liability for servants keeping 
 
 dangerous animals. 54, 83. 
 pasturing of, on the lands of another. 
 
 81, 447. 
 permitting to range on the lands of an- 
 other. 81, 447, 448. 
 preventing cruelty to, charitable trusts 
 
 for. 63, 267. 
 property destroyed by, liability for. 36, 
 
 831. 
 running at large, allowing, when may be 
 
 made criminal. 78, 240. 
 running at large, disposition of, law per- 
 mitting must be strictly followed. 90, 
 
 217. 
 running at large, disposition of, power 
 
 of municipalities respecting. 90, 216. 
 running at large, disposition of, whether 
 
 due process of law. 90, 217, 218. 
 sale of impounded animals, authorizing, 
 
 as due process of law. 90, 212-214. 
 sale of impounded animals, notice of, 
 
 necessity and sufSciency of. 90, 218, 
 
 219. 
 sale of impounded animals, notice of, 
 
 time for giving. 90, 219, 220. 
 sale of impounded animals owned by non- 
 residents. ■ 90, 220. 
 spreading disease among, liability for. 
 
 36, 831. 
 summary proceeding to impound and 
 
 sell. 90, 211-220. 
 
 Animals — Continued. 
 
 trespassing, common-law rule of liabil- 
 ity for. 81, 446. 
 
 turning loose, liability for. 36, 832, 833. 
 
 unborn, sales of. 81, 43. 
 
 uninclosed .lands, right 6f owner of to 
 drive away from. 81, 449. 
 
 unlawfully upon adjoining land, land 
 
 ' owner need not fence again. 81, 
 447. 
 
 vicious, knowledge of character of. 16, 
 632. 
 
 willfully driving upon uninclosed lands 
 of another. 81, 449. 
 
 Dogs. 
 
 are chattels. 67, 290. 
 
 damages recoverable for injuries to. 67, 
 
 292. 
 destruction of, authorizing, whether due 
 
 process of law. 90, 214-216. 
 killing of, to prevent their killing sheept 
 
 67, 295. 
 killing of, may be authorized when run- 
 ning at large without a license. 67, 
 
 299. 
 killing of, railway company, when liable 
 
 for. 67, 296. 
 killing of, when not justifiable. 67, 294, 
 
 295. 
 killing or injuring, when justifiable. 67, 
 
 293-295. 
 larceny of, could not be committed at fhe 
 
 common law. 67, 290. • 
 
 license tax for_keeping may be imposed. 
 
 67, 298, 299. 
 police power, regulations which may be 
 
 imposed in the exercise. 67, 290. 
 property rights in, by the common law 
 
 67, 288, 289. 
 property rights in, in the United States. 
 
 67, 289, 290. 
 railway corporations, liability of, for kill- 
 ing. 67, 296. 
 replevin of, to recover possession of. 
 
 67, 291-293. 
 sheep, killing for worrying. 67, 295. 
 taxation of, whether creates property 
 
 rights in. 67, 290, 291. ' 
 trespass for injudies done to. 67, 291, 
 
 292.- 
 trespassing, right to kill. 67, 294. 
 trover for conversion of. 67, 291-293. 
 
 ANSWER. 
 
 See Pleading. 
 
 ANTENUPTIAL DEBTS. 
 
 agreement to pay, as consideration. 39, 
 
 744. 
 liability of husband for. 58, 498. 
 
 APEX. 
 
 of mining claim. 58, 272, 273. 
 
 APPEAL. 
 1. Decisions Revletvable. 
 II. Rlg;Iit ol Review. 
 
 III. BKect oi Ai>peal. 
 
 IV, Reeora on Appeal. 
 V. Dismissal. 
 
13 
 
 INDEX-DIGEST TO NOTES. 
 
 Appeal 
 
 VI. Review. 
 VII. Disposition of Cause. 
 VIII. BondH on Appeal. 
 
 I. Decisions Revlefvable. 
 
 Appeal. I 
 
 from judgment punishing for contempt. 
 
 22, 417-420. 
 from order for production of books and 
 
 papers as evidence. 41, 396. 
 orders which are appealable. 20, 173, 
 
 174. 
 
 II. Rierbt of Review. 
 
 after satisfaction of judgment. 45, 271- 
 
 274. 
 by state in criminal cases after acquittal. 
 
 48, 213-215. 
 
 III. Kltect of Appeal. 
 
 effect of appeal on lis pendens. 56, 875. 
 effect on judgment as an estoppel.' 37, 
 
 29-32. 
 lis pendens, effect of writ of error as to. 
 
 56, 875, 876. 
 
 IV. Record on Appeal. 
 
 filing bills of exceptions. 15, 297. 
 
 V. Dismissal. 
 
 dismissal equivalent to affirmance of 
 judgment. 38, 708, 709. 
 
 VI. Review. 
 
 harmless errors committed during trial. 
 11, 287, 288. 
 
 law of the case. 15, 143, 144. 
 
 law of the case, what is. 11, 341, 342. 
 
 reviewing discretion in ordering physical 
 examination. 68, 248. 
 
 review of evidence on appeal.' 10, 329, 
 ■ 330. 
 
 second appeal, effect on surety's liabil- 
 ity. 38, 707, 708. 
 
 VII. Disposition of Canse. 
 
 refversal by reason of misconduct of 
 counsel in argument. 9, 559-569. 
 
 reversal of judgment as to some of de- 
 fendants, whether must be reversed as 
 to all. 91, 368, 369. ~ 
 
 when appellate court may order restitu- 
 
 ' tion of possession. 17, 265. 
 
 VIII. Bonds on Appeal. 
 
 Appeal ionds. 
 
 action against lessees, amount recover- 
 able on bond in. 38, 717. 
 
 action for recovery of land, amount re- 
 coverable on bond in. 38, 717, 718. 
 
 action on bond, prerequisites of. 38, 714. 
 
 action on bond, who may bring. 38, 714. 
 
 acts of parties to appeal, how far af- 
 fects liability of surety. 38, 711, 712. 
 
 agreements between parties toi appeal, 
 whether sureties released by. 38, 711, 
 712. 
 
 amount recoverable in various actions. 
 38, 717, 718. 
 
 answer in action on bond. 38, 719. 
 
 Appeal bonds — Continued. 
 
 attorneys' fees, when recoverable. 38, 
 717. 
 
 bankruptcy, discharge of principal in, 
 effect of. 38, 711. 
 
 breach of one condition in bond, action 
 for. 38, 713. 
 
 change of parties after appeal taken, 
 effect on bond. 38, 710. 
 
 complaint in action on bond. 38, 718, 
 719. 
 
 costs recoverable in suit on bond. 38, 
 716, 717. 
 
 damages, measure of, in actions on ap- 
 peal bonds. 38, 715-717. 
 
 death of surety, effect of. 38, 713. 
 
 defective execution of bond, when surety 
 not discharged by. 38, 704. 
 
 defective, who may object to. 67, 200. 
 
 delay in appeal, effect on surety. 38, 
 712. 
 
 discharge of principal in bankruptcy, ef- 
 fect of. 38, 711. 
 
 dismissal of appeal equivalent to affirm- 
 ance, of judgment. 38, 708, 709. 
 
 enforcement by summary process. 38, 
 714. 
 
 enforcement of appeal bonds, proceed- 
 ings for. 38, 714. 
 
 estoppel of sureties to urge defects in. 
 67, 198-200. 
 
 estoppel of sureties to urge that notice 
 of appeal was not served in time. 67, 
 202, 203. 
 
 fraud, liability of surety how far af- 
 fected by. 38, 710, 711. 
 
 imperfect bonds upon, waiver of objec- 
 tions to, when presumed. 67, 199. 
 
 iniunction case, measure oi damages in. 
 38, 718. 
 
 interest recoverable in suit on bond. 38, 
 717. 
 
 judgment against principal, how far con- 
 clusive against sureties. 38, 719. 
 
 judgment, final, to be satisfied by sure- 
 ties. 38, 707. 
 
 judgment for sureties to satisfy, inten- 
 tion of parties as to. 38, 706, 707. 
 
 judgment to be paid by sureties, effect 
 where second appeal is taken. 38, 
 707, 708. 
 
 judgment to be paid, rule where par- 
 ticular court is specified. 38, 707. 
 
 judgment which sureties agree to satisf}', 
 what. 38, 706-708. 
 
 legislation subsequent to execution of 
 bond, effect of. 38, 7ll. 
 
 liability of sureties on appeal bonds. 38, 
 702-719. 
 
 liability of sureties on defective appeal 
 bonds. 67, 197-204. 
 
 mistake, liability of surety how far af- 
 fected by. 38, 710, 711. 
 
 penalty is fixed, recovery on bond, when. 
 38, 715. 
 
 penalty not fixed, recovery on bond 
 when. 38, 715, 716. 
 
 performance on one condition in bond no 
 defense to action for breach of an- 
 other. 38, 713. 
 
 pleading and practice in action on bond. 
 38, 718, 719. 
 
Apportioniment 
 
 INDEX-DIGEST TO NOTES. 
 
 14 
 
 Appeal bonds — Continued. 
 
 practice in action on bond. 38, 719. 
 
 prosecuting appeal with effect, meaning 
 of. 38, 706. 
 
 recovery on bond, measure of. 38, 715- 
 717. 
 
 release of security will discharge surety. 
 38, 712. 
 
 rent secured by bond. 88, 717. 
 
 reversal of judgment, effect of, on sure- 
 ties' liability. 38, 709, 710. 
 
 second appeal, effect on sureties' lia- 
 bility. 38, 707, 708. 
 
 security, additional, not discharge surety. 
 38, 712. 
 
 security, release of, discharges surety. 
 38, 712. 
 
 statute of limitations in actions on ap- 
 peal bonds. 38, 714. 
 
 statutory form, verbal divergencies from, 
 effect of. 38, 704-706. 
 
 strict construction of contract of surety- 
 ship, meaning of. 38, 702-704. 
 
 sureties' liability commensurate with 
 that of principal. 38, 712, 713. 
 
 sureties on appeal bonds, cannot urge de- 
 fects therein. 67, 202-204. 
 
 technical errors in. 67, 198-204. 
 
 APPORTIONMENT. 
 
 of accretions to land. 35, 311. 
 
 of contribution among cosureties. 10, 
 644, 645. 
 
 of rent, upon destruction of leased prem- 
 ises. 61, 569-571. 
 
 laws, judicial investigation of constitu- 
 tionality of. 35, 62-67. 
 
 APPKENTICESHIP. 
 
 of infants. 18, 626, 627. 
 
 APPEOPKIATION. 
 
 of public money, wiiat is. 22, 638-649. 
 of water, what constitutes. 60, 799-817. 
 
 APPURTENANCES. 
 
 what are and what pass in conveyance 
 as. 81, 764-771. 
 
 AEBITEATION AND AWARD. 
 I. Submission. 
 II. A-Tvard. 
 
 I. Submission. 
 
 Submission to arbitration. 
 
 agreement to submit questions arising 
 under contracts. 2, 569-571. 
 
 agreement to submit questions arising 
 under insurance policies. 2, 569, 570. 
 
 agreement to submit question to, when 
 valid. 2, 568. 
 
 agreement to submit to arbitration. 2, 
 566-571. 
 
 arbitrators cannot delegate their powers. 
 50, 114. 
 
 executors submitting claims to arbitra- 
 tion. 78, 187. 
 
 in mutual benefit life insurance societies. 
 52, 546-548. 
 
 ousting courts of jurisdiction by agree- 
 ment to arbitrate. 2, 566. 
 
 Submission to arbitration — Continued. 
 
 submission by guardian of claims for and 
 
 against ward. 89, 291. 
 submission to, liability of infant on. 18. 
 619. 
 
 11. ATvard. 
 
 Siicard. 
 
 conclusiveness of an award. 14, 518. 
 impeachment of an award. 14, 518. 
 setting aside the award. 14, 518. 
 statutory requirements of award. 14, 
 
 518. 
 validity of. 14, 518. 
 
 ARCHITECTS. 
 
 whether are laborers. 58, 308. 
 certificaites of, in building contracts. 56, 
 
 312-316. 
 certificates of. See Contracts, II. 
 
 ARMS. 
 
 right to bear, extent to which may be 
 made criminal. 78, 263, 264. 
 
 ARMY AND NAVY. 
 enlistment of infants in. 18, 639-641. 
 
 ARREST^ 
 
 Arrest generally. 
 
 by agent, principal's liability for. 88, 
 
 793, 794. 
 by servant, liability of master for. 54, 
 
 85, 87. 
 carrier's liability for, made by servants. 
 
 32, 100, 101. 
 for vagrancy without warrant. 38, 646. 
 liability of sureties of public officer for 
 
 making. 71, 519-522. 
 of fugitive from justice before demand 
 
 made. 46, 414-417. 
 partnership, liability for wrongful. 67, 
 
 40. 
 probable cause for, what is. 67, 416, 417. 
 sureties on official bonds, liability for 
 
 arrest. 78, 421, 422. 
 under erroneous process. 67, 417, 418. 
 under regular process as false imprison- 
 ment. 67, 410-412. 
 without warrant as false imprisonment. 
 
 67, 415. 
 
 Arrest by policeman. 
 
 for breach of peace in his presence. 84, 
 685-687. 
 
 for breach of peace not in his presence. 
 84, 687, 688. 
 
 for misdemeanor committed in officer's 
 presence. 84, 688, 689. 
 
 force which may be used. 84, 696, 697. 
 
 of night walkers, prowlers, and sus- 
 picious characters. 84, 695. 
 
 right of, to arrest. 84, 681-697. 
 
 right of, to arrest and of citizen to re- 
 sist. 84, 679-703. 
 
 under regular warrant. 84, 681. 
 
 what is a policeman. 84, 680, 681. 
 
 whether must have possession of war- 
 rant. 84, 681, 682. 
 
 without a warrant. 84, 682-697j 
 
 without a warrant, for a felony. 84. 683. 
 684. ' ' 
 
15 
 
 INDEX-DIGEST TO NOTES. 
 
 Associations 
 
 Arrest of policeman — Continued. 
 
 ■without a warrant for offenses against 
 
 public liealtli or morals. 84, 693-695. 
 without a warrant for past offenses. 84, 
 
 692. 
 without a warrant, for suspicion of a 
 
 felony. 84, 684, 685. 
 without a warrant, for violation of city 
 
 ordinances. 84, 690-692. 
 without warrant; rule at common law. 
 
 84, 682. 
 - without a warrant, rule under statutes. 
 
 84, 682, 683. 
 without a warrant, upon mere suspicion 
 
 that misdemeanor has been committed. 
 
 84, 689, 690. 
 without a warrant, where may be made. 
 
 84, 695, 696. 
 without a warrant, whether must make 
 
 known his official character. 84, 696. 
 
 Posse comitatus. 
 
 doctrine concerning. 44, 136-140. 
 indictment for refusal to join. 44, 137. 
 justification in rendering assistance. 44, 
 
 137, 138. 
 ofGicer acting through third person. 44, 
 
 139, 140. 
 presence of officer, necessity for. 44, 
 
 139, 140. 
 rewards given to members of. 44, 140. 
 
 Resisting arrest. 
 
 by officer who does not make known his 
 official character. 84, 702, 703. 
 
 for felony where made without a war- 
 rant. 84, 698, 699. 
 
 for misdemeanor without a warrant. 
 84, 699, 700. 
 
 innocence gives no right of. 84, 700. 
 
 lawful arrest, citizen has no right of. 
 84, 698. 
 
 right of citizen to. 84, 697-703. 
 
 what force may be used in. 84, 700-702. 
 
 where officer has warrant. 84, 697. 
 
 without a warrant. 84, 698-703. 
 
 ABSOK. 
 
 attempt to commit. 20, 743. 
 definition. 71, 266. 
 
 homicide in commission of arson is mur- 
 der. 90, 578. 
 house, what is. 71, 266-269. 
 
 ASPORTATION. 
 in larceny. 88, 584, 585. 
 
 ASSAULT AND BATTERY. 
 1. CivH Liability. 
 II. Criminal Responsibility. 
 
 I. Civil I-lability. 
 
 Civil liability. 
 
 by intoxicated person, liability of liquor 
 
 seller for. 85, 450. 
 by partner, liability of firm for. 67, 50. 
 carriers, duty of, to protect passengers 
 
 from. 32, 90-101. 
 carriers, liability of, for assaults upon 
 
 passengers. 32, 90-101. 
 exemplary damages against corporations 
 
 for. 59, 582. 
 
 Civil liability — Continued. 
 
 exemplary damages for assault and bat- 
 tery. 28, 880. 
 
 mental anguish as element of damages. 
 7, 535. 
 
 of agent, principal's liability for. 88, 
 795-797. 
 
 railroads, liability of for assaults by ser- 
 vants. 54, 89. 
 
 II. Criminal Responsibility. 
 
 homicide committed in assault and bat- 
 tery is manslaughter. 90, 576, 577. 
 
 ASSESSORS. 
 
 certiorari, reviewing acts upon. 40, 44. 
 
 ASSESSMENTS. 
 
 against building and loan associations. 
 61, 30. 
 
 in mutual benefit life insurance societies. 
 52, 551, 573-575. 
 
 of public property. 33, 400-413. 
 
 of public property for local improve- 
 ment. 33, 406-413. 
 
 of stock, how differ from calls. 76, 127. 
 
 on paid-up corporate stock. 76, 126-136. 
 
 special, collection of. 42, 659-661. 
 
 ASSETS. 
 
 effect of omission of, from assignment 
 for benefit of creditors. 58, 75. 
 
 of corporation, withdrawing. 57, 63-84. 
 
 of voluntary association. 7, 168, 169. 
 
 transfer of corporate, as ground for for- 
 feiture of charter. 8, 190. 
 
 ASSOCIATIONS. 
 
 Voluntary associations. 
 
 accounting may be compelled by a mem- 
 ber of. 68, 859. 
 
 actions against for the recovery of 
 money or other property. 59, 203. 
 
 actions by. 7, 162, 169. 
 
 appeal from, when precludes redress in 
 courts. 18, 301. 
 
 appeal, remedy by, existing within the 
 association must be exhausted. 59, 
 204. 
 
 assets of. 7, 168, 169. 
 
 benefit and beneficial societies, courts 
 will not undertake to control the in- 
 ternal affairs of. 68, 859. 
 
 benefit and beneficial societies, jurisdic- 
 tion of courts over when property 
 rights are involved. 68, 859, 860. 
 
 brokers, boards of, injunction against 
 irregular expulsion of members of. 
 68, 860. 
 
 building and loan associations, relief 
 against unconscionable contracts and 
 rules of. 68, 860, 861. 
 
 building and loan associations, remedies 
 of members of to prevent the violation 
 of laws of. 68, 861. 
 
 charges against members, trial of. 18, 
 301, 302. 
 
 clubs and committees, jurisdiction of 
 equity over. 68, 861, 862. 
 
 courts will not interfere with unless a 
 civil or property right is involved. 68, 
 869, 870. 
 
Assignment of Dower 
 
 INDEX-DIGEST TO NOTES. 
 
 16 
 
 Voluntary associations — Continued. 
 
 decisions of associations and its tribu- 
 nals, effect of as res adjudicata. 59, 
 204, 20S. 
 
 decisions of association, provisions of 
 by-laws and constitutions giving con- 
 clusiveness, effect of. 59, 206. 
 
 decisions of association, whether an ad- 
 ditional by-law or agreement is indis- 
 pensable to the conclusiveness of. 59, 
 207, 208. 
 
 decisions of association which are con- 
 trary to natural justice or in defiance 
 of a member's rights. 59, 205-207. 
 
 definition of. 7, 160. 
 
 dissolution of associations. 7, 170. 
 
 dissolution of, jurisdiction of equity to 
 declare. 68, 871. 
 
 equity will not assume jurisdiction over 
 where there is an adequate remedy at 
 law. 68, 871. 
 
 exchange, courts, jurisdiction of over. 
 68, 862. 
 
 fire companies, jurisdiction of courts of 
 equity over. 68, 863. 
 
 fishermen's union, jurisdiction over. 68, 
 863. 
 
 for suppression of crime, membership in, 
 effect on qualification of juror. 9, 
 759, 760. 
 
 injunction against decisions of denying 
 a member his rights or enforcing an 
 obligation to which he is not subject. 
 59, 199, 200. 
 
 interference of courts concerning expul- 
 sion of members. 7, 166-168. 
 
 interference of courts to protect prop- 
 erty rights of members. 7, 168-170. 
 
 joint stock companies are governed by 
 the law applicable to partnerships. 68, 
 863. 
 
 judicial powers of. 18, 801. 
 
 jurisdiction of courts over. 7, 162-170. 
 
 legal nature of. 7, 161, 162. 
 
 lodges, jurisdiction over membership in 
 and property of. 68, 863, 864. 
 
 mandamus, laches in applying for. 59, 
 202. 
 
 mandamus to compel restoration to mem- 
 bership or to some other right which 
 is unlawfully withheld. 59, 200, 201. 
 
 members, admission and expulsion of, 
 7, 163-168. 
 
 members of, liability. 7, 161. 
 
 members of, rights of. 7, 161, 163. 
 
 members of, right to resort to courts. 
 18, 301, 302. 
 
 membership in not disqualify one to act 
 as juror. 9, 757, 758. 
 
 mutual benefit. 19, 781-790. 
 
 parties to suits by and against, where 
 the members are numerous. 68, 871. 
 
 redress in courts against proceedings in. 
 18, 301, 302. 
 
 religious societies, ecclesiastical ques- 
 tions, courts do not assume jurisdiction 
 over. 68, 864. 
 
 religious societies, faith, change in, when 
 amounts to a perversion of the trust 
 upon which the property is held. 68, 
 865. 
 
 religious societies, laws applicable to. 
 68, 864-868. 
 
 Voluntary associations — Continued. 
 
 religious societies, pastor of, remedies 
 by and against. 68, 867, 868. 
 
 religious societies, trustee of, injunctions 
 against. 68, 868. 
 
 remedies of members of. 59, 198-204. 
 
 remedies of members of fraternal and 
 other associations. 59, 198-209. 
 
 remedies within the association, neces- 
 sity of pursuing. 59, 203, 204. 
 
 specific performance of rules of. 68, 871. 
 
 trade, boards of, control of courts over. 
 
 • 68, 860. 
 
 trades unions, jurisdiction of equity to 
 protect in the use of their property. 
 68, 869. 
 
 trades unions, boycott by. 68, 869. 
 
 trades unions, definition of. 68, 869. 
 
 unlawful rules and regulations of, en- 
 forcement of may be enjoined. 59, 
 199-201. 
 
 voluntary associations. 7, 160-170. 
 
 ASSIGNMENT OF DOWEE. 
 
 rules concerning. 39, 25-39. 
 
 ASSIGNMENTS. ' 
 1. Refinisites. 
 n. Effect. 
 III. Rlshts of Parties. 
 IV. Actions. 
 
 I. Requisites. 
 
 Assignment generally. 
 
 by beneficiaries of benefit life insurance 
 
 societies. 52, 565, 566. 
 equitable, what sufiScient. 28, 745. 
 notice of, necessity for. 71, 33, 34. 
 notice of, sufficiency of. 71, 35. 
 reformation of. 65, 504. 
 
 Bights which are assignable. 
 
 of benefits in mutual benefit society. 19, 
 790, 791. 
 
 of bills of lading. 9, 512, 513. 
 
 of certificates of deposit. 75, 56. 
 
 of chose in action as voluntary trust. 
 34, 210-212. 
 
 of ehoses in action, effect where no no- 
 tice given. 71, 35. 
 
 of collateral security. 32, 711-714. 
 
 of debt guaranteed carries with it the 
 guaranty. 64, 401, 402. ' 
 
 of expectancies. 56, 330-361. 
 
 of fund by giving check. 19, 609-612. 
 
 of future earnings.' 2, 473. 
 
 of goods after consignment to be sold. 
 45, 209. 
 
 of guardianship in chivalry. 89, 269. 
 
 of judgments. 78, 47-57. 
 
 of leases. 1, 83. 
 
 of life insurance policies. 87, 484-519. 
 See Insurance. 
 
 of life insurance to one who has no in- 
 surable interest. 16, 906-908. 
 
 of life insurance to wife or children. 29, 
 360-365. 
 
 of lien of mechanics and materialmen. 
 49, 530-532. 
 
 of part of demand. 2, 472-475; 28, 744- 
 746. 
 
 of personal property by infant. 18, 595, 
 596. 
 
 of possibilities coupled with an interest. 
 56, 341, 360. 
 
17 
 
 INDEX-DIGEST TO NOTES. Assignment for Benefit of Creditors 
 
 Bights uliich, are assignable — Continued. 
 
 of property as voluntary trust. 34, 203- 
 
 210. 
 of right to sue in equity for relief from 
 
 judgments. 54, 251, 255, 257. 
 of subjects which, do not exist at the 
 
 time. 28, 745, 746. 
 of things not in esse, are void at law. 
 
 56, 342. 
 of trademark of which assignor's name 
 
 is a part. 17, 496-499. 
 of vested remainders. 56, 340. 
 of writing, sufliciency of. 2, 474. 
 
 II. Effect. 
 
 Effect of assignment. 
 
 assignee of purchase money debt on 
 
 homestead has vendor's lien on home- 
 stead. 86, 177, 178. 
 s assignment as collateral security. 88, 
 
 206. 
 assignments as equitable mortgages. 4, 
 
 702-704. 
 assignment in violation of stipulation 
 
 against, is void. 88, 204, 205. 
 defeat of setoff by assignment. 47, 582. 
 distinguished from sublease. 10, 560, 
 
 561.' 
 expectancies, when assignment enforced. 
 
 56, 347-354. 
 ' fraudulent conveyances, how far bound 
 
 by assignment. 3, 729. 
 ineffeetual assignment as voluntary 
 
 trust. 34, 203-207. 
 of deeds, effect of. 31, 27, 28. 
 of expectancies, when enforceable in 
 
 equity.' 56, 343-345. 
 of lease as ground of forfeiture, waiver 
 
 of. 47, 199. 
 of part of demand is good in equity. 28, 
 
 745. 
 precedence by giving notice, whether sub- 
 sequent assignees can obtain. 71, 31- 
 
 36. 
 priority between conflicting. 71, 32-34. 
 restricting assignability of contracts. 
 
 88, 201-207. 
 restricting assignability of contracts, 
 
 right of. 88, 201-204. 
 restriction on assignment not apply to 
 
 involuntary transfers. 88, 206, 207. 
 validity of assignment of life insurance 
 ' policy. 87, 486-490. 
 
 III. Rlslits of Parties. 
 
 Assignment. 
 
 assignment of leases, and the rights and 
 liabilities of lessor, assignee, and as- 
 signor thereafter. 10, 557-565. 
 
 assignee of mortgagor, right of, to ra- 
 deem from foreclosure sale. 21, 246. 
 
 assignee of preferred stock, rights of. 
 73, 240. 
 
 assignor of collateral security, has no 
 control over it. 32, 714. 
 
 liability of assignee of bill of lading 
 with draft attached, to consignee for 
 failure of title to or defect in goods, or 
 failure of consideration. 91, 212-216. 
 
 payment by debtor without notice of. 
 71, 35. 
 
 Index-Digest — 2 
 
 Assignment — Continued. 
 
 restriction on assignment, who may in- 
 sist upon. 88, 205, 206. 
 
 right of assignee, where contract is not 
 assignable. 88, 205. 
 
 subsequent assignees, whether can obtain 
 precedence by first giving notice. 71, 
 31-36. 
 
 subsequent attaching creditors have no 
 notice of. 71, 33. 
 
 waiver of right to object to assignment. 
 88, 205. 
 
 IV. Actions, 
 
 Assignment. 
 
 parol evidence affecting. 56, 663. 
 specific performance of contracts to as- 
 sign expectancies. 56, 345, 349. 
 
 ASSIGNMENTS FOR BENEFIT OF CRED- 
 ITORS. 
 
 I. Assignments Generally. 
 
 II. Effect of Assignment. 
 
 III. Administration of Estate. 
 
 IV. Rights of Creditors. 
 
 I. Assignments Generally. 
 
 Assignment for ienefit of creditors. 
 
 assets, omission of from inventory. '58, 
 75. 
 
 assignee, giving excessive powers to, may 
 render void. 58, 83. 
 
 assignment of trademarks. 17, 496. 
 
 attorneys' fees, provisions for payment 
 in preference to creditors. 58, 78, 89. 
 
 by corporations. 57, 76. 
 
 conditional assignments are invalid. 58, 
 83. 
 
 conflict of laws, respecting. 58, 92. 
 
 delaying and hindering creditors. 58, 76. 
 
 exacting releases from creditors. 58, 83- 
 86. 
 
 fraud in, effect of. 58, 95-99. 
 
 fraud in, when a question of law_ and 
 
 ' when a. question of fact. 58, 93-95. 
 
 fraudulent, transfers prior to an assign- 
 ment. 58, 100. 
 
 fraudulent, transfers, assignee's right to 
 attack. 58, 101. 
 
 fictitious claim inserted in deed, effect. 
 2, 26. 
 
 good faith is essential to validity of.' 58, 
 74. 
 
 intent to hinder, delay or defraud cred- 
 itors renders void. 58, 84. 
 
 inventory, omissions from. 58, 74, 75. 
 
 made by infants. 18, '597. 
 
 partnerships may make. 58, 90-92. 
 
 partnerships, preferences in favor of firm 
 creditors. 58, 91, 92. 
 
 preferences among creditors. 58, 87-90. 
 
 preferences and their validity. 11, 561- 
 563. 
 
 preferences, lawful and unlawful. 34, 
 856, 857. 
 
 property which passes by deed of assign- 
 ment. 2, 26. 
 
 provision for payment of attorney's fee, 
 effect of. 2, 25. 
 
 release from creditors cannot be required 
 by. 58, 85, 86. 
 
Assumpsit 
 
 INDEX-DIGEST TO NOTES. 
 
 18 
 
 Assignment for benefit of creditors — Confd. 
 
 reservation of property invalidates as- 
 signment. 2, 24. 
 
 sales on credit, assignments authorizing. 
 58, 76-78. 
 
 second assignment to correct first. 2, 26. 
 
 secret preferences. 58, 88. 
 
 statutes authorizing and regulating. 2, 
 24. 
 
 surplus after payment of assenting cred- 
 itors, reservation of. 58, 78, 79. 
 
 void for prohibited preferences. 58, 87, 
 88. ■• 
 
 void for reservation of control or benefit 
 for assignor. 58, 79, 80. 
 
 void in part, whether void in toto. 58, 
 99, 100. 
 
 withholding assets, when renders void. 
 58, 81, 82. 
 
 when deemed fraudulent, and effect of 
 the fraud. 58, 74-101. 
 
 II. Effect of ABSlgnmeMt. 
 
 Effect of assignment. 
 
 assignment as ground for forfeiture of 
 corporate franchise. 8, 191. 
 
 assignment providing that no bond shall 
 be given, effect. 2, 2'5. 
 
 deed for benefit of creditors as volun- 
 tary trust. 34, 219. 
 
 failure of assignee to give bond, effect. 
 2, 25. 
 
 III. Administration of Estate. 
 
 assignee, whether bound by lis pendens. 
 
 56, 872. 
 power of assignee to recover unpaid stock 
 
 subscription. 3, 833, 834. 
 
 IV. Rlslits of Creditors. 
 
 receivers in cases of assignment for 
 benefit of creditors.' 72, 43-45. 
 
 setoff in favor of or against assignee. 
 47, 582, 583. 
 
 ASSUMPSIT. 
 
 amendment to pleadings in. 51, 419, 420. 
 by one cotenant against atiother. 91, 
 883. 
 
 ASSUMPTION OF RISKS. 
 
 by employes in mines.' 87, 573-584. 
 
 ATTAOHIMENT. 
 I. Right of Attaclinient. 
 II. Proceedings In Attncbment. 
 III. "Wroiisfwl Attachment. 
 
 I. Right of Attachment. 
 
 Bight of attachment. 
 
 against foreign corporations. 85, 924, 
 
 925. 
 crops reserved by landlord not attached 
 
 for tenant's debt. 14, 166. 
 foreign receivers not interfere with local 
 
 attachment laws. 8, 53. 
 homestead, levy on, is void. 38, 247. 
 of goods consigned for sale. 45, 208, 209. 
 of one partner's interest in firm property. 
 
 57, 438-442. 
 of shares of part owners in vessels. 90, 
 
 409, 410. 
 
 Bight of attachment — Continued. 
 
 partnership property, attachment by in- 
 dividual creditors. 43, 371, 37J. 
 property in hands of receiver. 71, 365, 
 
 366. 
 II. Proceedings in Attachment. 
 
 Attachment proceedings. 
 
 affidavit for the attachment is the foun- 
 dation of. 76, 801. ., , J 
 
 affidavit for, cannot be aided or attacked 
 by parol. 76, 801. 
 
 affidavit for, defects in which render the 
 judgment voidable only. 76, 802. 
 
 affidavit for, omissions of, or defects in. 
 76, 801, 802. 
 
 amendment of papers on which attach- 
 ment based. 8, 311. 
 
 amendment of writ. 8, 311. 
 
 constructive service of process to sustain. 
 61, 494. 
 
 facts sustaining must appear by the 
 record. 76, 800. 
 
 irregularities which avoid. 8, 310, 311.' 
 
 lien, when will support creditor's bill. 
 66, 288, 289. 
 
 mode of levying on one partner's inter- 
 est in firm property. 57 438. 
 
 nonresidenee of the defendant, failure of 
 the affidavit to state. 76, 801, 802. 
 
 presumption in favor of proceedings. 20, 
 808. 
 
 receiver of attached property. 72, 45. 
 
 residence, meaning of within attachment 
 laws. 48, 712. ' 
 
 sufficiency of return. 20, 808, 809. 
 
 summons, publications of, cases holding 
 it not essential. 76, 805. 
 
 summons, publication of is essential. 76, 
 803, 804. 
 
 taxation of property subject to attach- 
 ment. 62, 460. 
 
 III. TVrongfal Attachment. 
 
 Wrongful attachment. 
 
 abuse of writ of attachment. 86, 400- 
 
 402. 
 actions for wrongful, what necessary to 
 sustain. 68, 267. 
 
 elements of. 68, 270-272. 
 exemplary, complaint, when 
 shows right to.' 68, 278. 
 
 damages for wrongful, exemplary, malice 
 and want of probable cause are neces- 
 sary to sustain actions for. 68, 278. 
 
 damages for wrongful, exemplary, when 
 recoverable. 68, 277, 278. 
 
 damages for wrongful, actions for are 
 governed by the rules applicable to ac- 
 tions for malicious prosecution. 68, 
 267. 
 
 damages for wrongful, attorney's fees as 
 elements of. 68, 273, 274. 
 
 damages for wrongful, credit,' loss of, 
 whether recoverable as. 68, 272, 273, 
 279. 
 
 damages for wrongful, depreciation in 
 value of lands, when recoverable as. 
 68, 272. 
 
 damages for wrongful, expenses incurred, 
 when proper elements of. 68, 274, 275. 
 
 damages for wrongful, loss of trade, 
 when not an element of. 68, 270. 
 
 damages for wrongful, mental suffering 
 
 ' as an element of. 68. 272. 27.'?, 
 
19 
 
 inCex-digbst to notes. 
 
 " Attorney and Clients 
 
 Wrongful attachment — Continued. 
 
 damages for wrongful, mitigation of, ad- 
 vice of attorney. 68, 276. 
 
 damages for wrongful, mitigation of, 
 what may be proved in.' 68, 276, 277. 
 
 damages for wrongful, principal, when 
 liable for acts of his agent. 68, 275. 
 
 damages for wrongful, profits, loss of, 
 whether recoverable as. 68, 272. 
 
 damages for wrongful seizure of a ves- 
 sel. 68, 271. 
 
 damages, reconvention of in actions for. 
 68, 266, 267. 
 
 exemplary damages for suing out. 28, 
 879. 
 
 malice, want of probable cause is prima 
 facie evidence of. 68, 268. 
 
 measure of damages for wrongful attach- 
 ment. 68, 268-270. 
 
 reconvention of damages in actions for. 
 68, 266-268. 
 
 replevin for goods attached under pro- 
 cess not against owner. 25, 257. ' 
 
 ATTEMPT. 
 
 to commit a crime. 20, 741-748. 
 
 See Criminal Law. 
 to induce servant to leave, no action for. 
 11, 477. 
 
 ATTORNEY AND CUENTS. 
 I. Office of Attorney. 
 II. Relations BetTveen Attorney an4l 
 
 III. 
 
 Client. 
 Conrivensation of Attorneys. 
 
 1. Office of Attorney. 
 
 Rights and liabilities of attorneys. 
 
 acknowledgments taken by. 56, 803. 
 
 are of&eers of court. 2, 847. 
 
 argument of counsel, limitations upon. 
 
 46, 23-28. 
 attorneys as witnesses. 66, 213-243. 
 See Witnesses. 
 
 bias against, as affecting competency of 
 
 juror. 9, 748. 
 contempts of. 2, 853. 
 delegation of authority by. 50, 115. 
 employment of. 66, 213-215. 
 false imprisonment, liability for. 67, 
 
 425. 
 interpleader, attorney cannot maintain. 
 
 91, 606, 607. 
 misconduct of counsel in argument, when 
 
 so seriously improper asi to call for 
 
 reversal of judgment. 9, 559-570. 
 payment of money by, power of court to 
 
 compel. 2, 849, 854, 858. 
 professional duty, power of courts over. 
 
 2, 849. 
 punishing for moral delinquencies. 2, 
 
 861. 
 slander, words used in progress of a suit 
 
 as. 9, 419. 
 statements of counsel in argument which 
 
 amount to error. 10, 376, 377. 
 summary jurisdiction over. 2, 847-8'62. 
 taxing costs against. 2, 856. 
 
 Rights and Uaiilities of attorneys — Continued. 
 want of authority as ground for col- 
 lateral attack upon judgment. 34, 519, 
 520. 
 
 Disbarment. 
 
 bad character as a cause for. 45, 76. 
 business acts of, what suflicient to disbar. 
 
 2, 850. 
 charges against.' 2, 858-860. 
 constitutionality of statutes limiting 
 
 power of. 45, 72, 73. 
 contempt of court as a cause for. 45, 83. 
 contempt of court, when not a cause for. 
 
 45, 74. 
 conviction of crime, whether must pre- 
 cede disbarment for. 2, 853. 
 crime, commission generally justifies. 45, 
 
 76, 77. 
 crime, prosecution for, cases holding that 
 
 it must precede proceedings for disbar- 
 ment. 45, 79, 80. 
 crime, prosecution for, cases holding that 
 
 it need not precede proceedings for dis- 
 barment. 45, 80. 
 criticism of courts and judges, when does 
 
 not justify. 45, 86. 
 defenses to charges. 2, 860. 
 disbarment by one court, effect in other 
 
 courts. 2, 861. 
 disbarment, grounds of. 45, 71-86. 
 disbarment of, causes for. 2, 850, 851. 
 disbarment proceedings are criminal in 
 
 character. 2, 848. 
 disbarment proceedings are due process 
 
 of law. 20, 556. 
 embezzlement by one member of a firm 
 
 does not justify the disbarment of an- 
 other. 45, 78. 
 for acts which are discreditable but not 
 
 infamous. 45, 77. 
 for embezzlement. 45, 78. 
 for fighting a duel. 45, 77. 
 for forgery. 45, 77. 
 for giving dishonest advice. 45, 81. 
 for groundless accusations against judges. 
 
 45, 85. 
 for libel. 45, 77. 
 for misappropriating moneys received as 
 
 a bailee. 45, 77, 78. ' 
 for obtaining money by false pretenses. 
 
 45, 77. 
 for offering evidence known to be false. 
 
 45, 82. 
 for resorting to fraudulent devices. 45, 
 
 82. 
 for treasonable acts. 45, 77. 
 for unprofessional conduct.' 45, 81. 
 immoral character as a cause for. 45, 76. 
 judges, contempt and calumnies of which 
 
 may justify. 45, 82-84. 
 pardon for crime committed does not 
 
 prevent disbarment, nor restore one 
 
 already disbarred. 45, 77. 
 prosecution for crime which must precede 
 
 nroceedinga for disbarment.' 45, 79. 
 reinstatement of. 2, 861. 
 statutes of limitations will not prevent. 
 
 45, 77. 
 test for determining what is a sufficient 
 
 cause for. 45, 75. 
 unprofessional conduct as a ground for. 
 
 45, 81. 
 
Attorney and Clients 
 
 INDEX-DIGEST' TO NOTES. 
 
 20 
 
 II. Relations Bct^reen Attorney- and 
 Client. 
 
 Relation tetween attorney and client. 
 
 absence of attorney because of profes- 
 sional business elsewhere, relief from 
 a judgment because of. 80, 268. 
 
 advice of counsel as a defense in action 
 for malicious prosecution. 26, 143-147. 
 
 advice of counsel may be shown in miti- 
 gation of damages. 28, 876. 
 
 barratrous contracts of are void. 83, 172. 
 
 buying of claims by for the purpose of 
 "prosecuting them. 83, 183. 
 
 champertous agreements of are void. 83, 
 168-175. 
 
 champerty, agreements which do not 
 ofeend the law. 83, 165, 166. 
 
 champertous contract. 13, 299. 
 
 compromise of action without consent of, 
 where they have stipulated for a con- 
 tingent fee. 83, 179. 
 
 compromise of suit, agreement of client 
 not to make. 83, 181. 
 
 contract aiding client to elude process nf 
 law. 13, 297. 
 
 contracts between and their clients, bur- 
 den of proof, respecting fairness. 83, 
 161, 162. 
 
 contracts between and their clients that 
 suit shall not be compromised. 83, 181. 
 
 contracts by, void because against public 
 policy. 83, 182, 183. 
 
 contracts of to prosecute an action are 
 entire. 83, 164. 
 
 contract to attend to claim .before Con- 
 gress. 13, 298. 
 
 contract to collect claim against United 
 States. 13, 298, 299. 
 
 contract to encourage litigation. 13, 299. 
 
 contract to procure pardon. 13, 298. 
 
 contract to procure passage of law. 13, 
 298. 
 
 contract to secure alimony for a con- 
 tingent fee. 13, 299. 
 
 contract to secure release of soldier. 13, 
 
 ' 298. 
 
 contract void as against public policy. 
 
 ' 13, 297-300. 
 
 corporation, when not bound by notice 
 given to its general attorney. 57, 914. 
 
 dealings between and their clients are 
 subject to the law of trustee and cestui 
 que trust. 83, 159. 
 
 dealings between attorney and client, re- 
 quirements generally. 83, 185-187. 
 
 divorce suits, neglect in as a ground for 
 relief from the decree. 80, 269. 
 
 examination of title, previous knowledge 
 of attorney employed to make, whether 
 imputable to client. 57, 916. 
 
 gift to attorney by client are presumed 
 not to be valid. 83, 182. 
 
 illegal contracts with client. 83, 182-184. 
 
 information acquired by attorney in 
 other transactions, whether imputable 
 to client; 57, 916, 917. 
 
 knowledge acquired by attorney prior to 
 his employment, cases charging his 
 client with. 57, 918, 919. 
 ' laches, when not chargeable to client. 
 54, 246. 
 
 legal contracts with client.. 83, 184, 185. 
 
 Relation between attorney and client — Cont'd. 
 
 lobbying, contracts for, when void. 83, 
 177, 178. 
 
 neglect of, when chargeable to his client. 
 80, 264. ' 
 
 neglect of, when excusable. 80, 269. 
 
 negligence of attorney as ground for re- 
 lief in equity from judgment. 53, 449. 
 'notice acquired by attorney in other 
 transactions, when chargeable against 
 client. 57, 915. 
 
 notice to attorney as notice to client. 
 57, 914-919. 
 
 notice to an attorney, when imputed to 
 his client. 57, 914. 
 
 notice to attorney, when not affect client. 
 24, 232. 
 
 presumption that attorney communicated 
 facts to client, when conclusive. 57, 
 914. 
 
 privileged communications between at- 
 torney and client. 66, 213-243. 
 
 privileged communications between at- 
 torney and client. See Witnesse"?. 
 
 presumption of .undue influence of attor- 
 ney. 2, 361. 
 
 protecting clients against, courts. 2, 849. 
 
 purchases by from clients. 83, 186. 
 
 purchase by, of the thing in litigation. 
 80, 562. 
 
 purchase of client's property.' 80, 562. 
 
 sickness of, or of members of his family, 
 as a ground for relief from a judg- 
 ment. 80, 270, 271. 
 
 specific performance of contracts in favor 
 of. 83, 166. 
 
 summary jurisdiction of courts over, to 
 compel fair dealing with clients. 2, 
 854. 
 
 unauthorized appearance as ground for 
 vacating judgment. 60, 649. 
 
 undue influence of attorney over client. 
 21, 95, 102. 
 
 III. Compensation of Attorneys. 
 
 Attorney's fees. 
 
 agreement by debtor to pay does not 
 make obligation usurious. 55, 439. 
 
 agreements for contingent fees. 16, 593. 
 
 allowance of to successful litigant, when 
 sustainable as a pienalty.' 79, 181. ' 
 
 attorney employed as assistant counsel. 
 16, 593. 
 
 attorney's fees, as an element of dam- 
 ages. 8, 158-161. ' 
 
 cases holding agreement of debtor to pay 
 to be void. 55, 444, 445. 
 
 compensation by executors. 52, 122. ' 
 
 compensation of attorneys. 16, 593. 
 
 compensation of, contracts for, construc- 
 tion of. 83, 178, 179. 
 
 consideration for agreement by debtor 
 to pay. 53, 440-442. 
 
 constitutionality of statutes allowing in 
 favor of one class of persons only. 79, 
 176, 177. ' 
 
 contract for compensation to be paid out 
 of proceeds of suit. 36, 414, 415. 
 
 contract of attorney relating to com- 
 pensation, validity.' 13, 297-300. 
 
 contracts of for contingent fees are not 
 illegal. 83, 175. 
 
21 
 
 INDEX-DIGEST TO NOTES. 
 
 Audita Querela 
 
 Attorney's fees — Continued. 
 
 contraets of with clients respecting em- 
 ployment or compensation. 83, 185, 
 186. 
 
 contingent fees, contracts for, are lawful. 
 83, 177. ' 
 
 contingent fees, contracts for, construc- 
 tion of. 83, 176-178. 
 
 contingent fees, contracts for, do not 
 make the attorneys parties to the ac- 
 tion. 83, 175. 
 
 contingent fees, contraets for, in suits 
 for divorce.' 83, 177. 
 
 discharge of without cause, recovery by 
 upon contract. 83, 166. 
 
 divorce suits, agreements for contingent 
 fees in. 83, 177. 
 
 fees, allowance of in actions for malicious 
 prosecution. 8, 161. 
 
 fees, allowance of, in actions for vexa- 
 tious attachments.' 8, 161. 
 ^ fees, allowance of, in actions to recover 
 personal property. 8, 161. 
 
 fees, allowance of, in patent right cases. 
 
 " 8, 158. 
 
 fees, allowance of, in suits in admiralty. 
 8, 160. 
 ' fees, allowance of, in suits on injunction 
 bend. 8, 159-161. 
 
 fees, allowance of in tort actions. 8, 160. 
 
 fees and charges, when courts will ad- 
 just. 2, 857. 
 
 fees as damages in action for malicious 
 prosecution. 26, 163. 
 
 fees for collecting note, not make note 
 usurious. 46, 193. ' 
 
 fees in actions involving ward's estates. 
 89, 316. 
 
 fees of attorney of receiver, preference. 
 71, 363. 
 
 fees of receiver's attorney have prefer- 
 ence over railroad mortgage. 54, 405. 
 
 fees recoverable in action on appeal bond. 
 38, 717. 
 
 fees, validity of stipulation for. 55, 438- 
 445. ' ■ I 
 
 fees, when entitled to preference over 
 railroad mortgage. 54, 414, 415. 
 
 fees, statutes subjecting corporations to 
 liability for. 62, 173, 174. 
 
 foreclosure of lands, statutes allowing 
 in suits for. 79, 181. 
 
 mechanics' liens, statutes allowing in 
 suits for. 79, 180. 
 
 preferential payment provided for in as- 
 signment for benefit of creditors. 58, 
 ' 78, 89. 
 
 provision for fee in assignment for bene- 
 fit of creditors. 2, 25. 
 
 quantum meruit, suits upon where there 
 is a champertous agreement. 83, 168, 
 173, 174. 
 
 remedy of to recover of clients for ser- 
 ' vices. 83, 165. 
 
 statutes allowing against party guilty 
 of some wrongful conduct. 79, 178, 
 179. 
 statutes allowing in suits against insur- 
 ance corporations. 79, 180. 
 validity of agreement in a note or other 
 obligation to pay if suit is brought 
 thereon. 55, 438-441, 444. 
 value of an attorney's services. 16, 593. 
 
 Attorney's lien. 
 
 assignee for benefit of creditors takes 
 
 subject to. 51, 254. 
 assignee in insolvency or bankruptcy, 
 
 rights of, when subject to. 51, 270. 
 assignment of judgment, when subject to. 
 
 51, 269. 
 classification of. 51, 251. 
 compromises and settlements to avoid 
 
 operation of. 51, 276. 
 costs, lien upon judgment for. 51, 258. 
 debts which are secured by. 51, 252, 253. 
 enforcement of. 51, 264, 271. ' 
 executors and administrators, lien for 
 
 services performed for. 51, 254, 255. 
 extent of. 51, 275. 
 fees for securing whicli a lien exists. 51, 
 
 259. 
 for compensation. 83, 164. 
 general, what is. 51, 251. ' 
 general, when exists. 51, 251. 
 in actions for slander and libel. 51, 266. 
 in admiralty. 51, 264. 
 in the federal courts. 51, 256, 257. 
 is general or special. 51, 251. 
 is limited to the taxable costs in the 
 
 case. 51, 259. 
 judgments, when essential to. 51, 276. 
 judgments, when subjept to. 51, 252, 257. 
 lien of attorneys. 51, 251-281. 
 loss of. 51, 256. 
 
 on bonds and mortgages. 51, 251.. 
 on choses in action. 51, 251. 
 on judgments for cost. 51, 273. 
 on moneys left with him for a special 
 
 purpose.' 51, 255. 
 papers in suit may be held until attor- 
 ney's fees are paid. '51, 252. 
 priority over attachment and execution 
 
 liens.' 51, 269. 
 proctors, right of to. 51, 264. 
 real property, whether subject to. 51, 
 
 270. 
 remedies for enforcing. 51, 263, 264, 271. 
 satisfaction of judgment of does not de- 
 feat. 51, 264. 
 setoff, assertion of as against. 51, 268. 
 statutes regulating. 51, 274. 
 statutory, extent of. 51, 275. 
 statutory, priority over other liens. 51, 
 
 279, 280. 
 statutory, setoff against.' 51, 279. 
 statutory, waiver of. 51, 277. 
 summary proceedings for enforcement of. 
 
 51, 271, 272. 
 waiver or release of. 51, 271, 277. 
 
 ATTORNMENT. 
 
 of tenant as affecting his estoppel to 
 deny his landlord's title. 89, 101-106. 
 of tenant, when supports allegation of 
 ' breach of covenant for quiet enjoy- 
 ment. 53, 116.. 
 
 AUCTIONEER. 
 
 delegation of authority by. 50, 115. 
 
 AUDITA QUERELA. 
 
 writ of, direct attack on judgment by. 
 23, 107. 
 
Auditors 
 
 INDEX-DIGEST TO NOTES. 
 
 22 
 
 AUDITORS. 
 
 bonds of, liability on. 91, 571, 572. 
 report of, may be made prima facie evi- 
 dence. 36, 685. 
 
 AUNTS. 
 
 inheritance by. 12, 106-108. 
 
 AUSTKALIAN BALLOT LAW. 
 
 marking ballots. 49, 240-249., 
 
 AUTHORS. 
 
 libel of. 15, 335-339. 
 
 AVULSION. 
 
 accretion, how differs from. 72, 284. 
 
 See Waters and Watercourses, 
 what is. 35, 311, 312. 
 
 BADGES. 
 
 of fraud. 11, 759. 
 
 BAGGAGE. 
 
 checks for, mere vouchers. 5, 721-723. 
 innkeeper's liability for. 20, 338, 339. 
 notices limiting amount of, for which 
 
 carrier will be responsible. 5, 720, 
 
 721. 
 
 BAIL. 
 
 Bail in criminal cases. 
 
 bail bonds, relief from forfeiture of, in 
 
 equity. 86, 63, 64. 
 promise to indemnify another for going 
 
 bail. 42, 191. 
 security not to commit a misdemeanor. 
 
 90, 797-802. 
 
 BAILMENT. 
 
 bankers as bailees, care required of. 38, 
 
 773-788. 
 distinguished from sale. 2, 711-713. 
 embezzlement by bailees. 87, 44, 45. 
 fire, bailee not liable for loss by. .30, 507. 
 interpleader, bailee may maintain. 91, 
 
 608. 
 larceny by bailee. 88, 576-578. 
 of grain. 2, 712. 
 safe deposit companies, liability of. 7^, 
 
 206, 207. 
 sale by bailee as owner. 3, 202. 
 trover committed by bailee. 24, 814, 
 
 815. 
 
 BALLOT-BOXES. 
 
 irregularities in use of which invalidate 
 elections. 90, 80, 81. 
 
 BALLOTS. 
 
 ambiguities in, evidence to explain. 10, 
 
 distinguishing marks on. 91, 223-236. 
 
 distinguishing marks which invalidate 
 ballots. 49, 240-249. 
 
 election, in contest, when best evidence 
 of vote cast. 11, 798-800. 
 
 form required by statute. 33, 504-506. 
 
 irregularities in use of, which avoid elec- 
 tions. 90, 81, 82. 
 
 Ballots — Continued. 
 
 rejection of imperfect. 10, 321, 322. 
 right to vote for candidate whose name 
 is not on. 91, 682-687. 
 
 BANK. 
 
 of stream as boundary line. 27, 60. 
 
 BANKRUPTCY. 
 
 I. In General. 
 
 II. Administration of Estate. 
 III. Dlseliarge of Bankrupt. 
 
 I. In General. 
 
 bankruptcy of infants. 18, 598-601. 
 
 II. Administration of Elstate. 
 
 Bankruptcy. 
 
 claims presented by foreign receiver. 8, 
 54. 
 
 power of assignee to recover unpaid 
 stock subscription. 3, 883, 834. 
 
 receivers, appointment of. 72, 47. 
 
 receiver cannot be appointed after ap- 
 pointment of assignee in bankruptcy. 
 27, 798. 
 
 rights of partnership creditors. 43, 368, 
 369. 
 
 III. Dlscliarge of Banlcrnpt. 
 
 discharge in bankruptcy, how attacked. 
 23, 112. ' 
 
 discharge in bankruptcy of principal, ef- 
 fect on surety. 38, 711. 
 
 discharge of stockholder, as affecting 
 personal liability. 3, 872, 873. 
 
 discharge of surety, effect on right of 
 contribution. 10, 643, 644. 
 
 BANKS AND BANKING. 
 I. Control of Banks. 
 
 II. Banking' Corporations. 
 
 III. Functions and Dealings. 
 IV. Tfational Banks. 
 
 V. Savings Banks. 
 
 I. Control of Banks. 
 
 fraudulent banking, when criminal. 78, 
 249. 
 
 II. Banking Corporations. 
 
 Insolvency of banks. 
 
 forfeiture of charter for suspension of 
 
 specie payments. 8, 189. 
 insolvency, depositor 's right of setoff 
 
 after bank is in. 47, 142-144. 
 receivers of insolvent banks. 72, 46. 
 receivers of state banks. 72, 45. 
 recovery of deposits upon insolvency of 
 bank. 86, 795-807. 
 
 See Bahks and Banking, III. 
 setoff in favor of and against insolvent 
 banks. 47, 584-587.^ 
 Liahility of hanks. 
 
 liability of under national banking act. 
 3, 841, 842. 
 Officers of banks. 
 
 directors are trustees and must exercise 
 
 earei and diligence. 8, 605. 
 embezzlement by bank officers. 87. 46. 
 
23 
 
 INDEX-DIGEST TO NOTES. 
 
 Banks and Banking 
 
 III. Fanctlons and Dealliiss> 
 
 Actions. 
 
 interpleader, banks may maintain. 91, 
 608, 609. 
 
 Certificates of deposit. 
 
 assignment of. 75, 56. 
 
 bank, liability of on certificate. 75, 58- 
 61. 
 
 banks, power of to issue. 75, 44-46. 
 
 current funds, whether negotiable when 
 paj'able in. 75, 51-53. 
 
 definition. 75, 43, 44. 
 
 demand certificates, whether due Imme- 
 diately or only on demand. 75, 48-51. 
 
 demand for payment, when made. 75, 
 54, 55. 
 
 fraudulent, liability of bank on. 75, 59- 
 61. 
 
 nature of instrument. 75, 46-55. 
 
 negotiability, incidents of, apply to cer- 
 tificates. 75, 53-55. 
 
 negotiability, not impaired by using 
 word ' ■' currency. ' ' 75, 52, 53. 
 
 payment of lost certificates. 75, 56, 57. 
 
 payment of, to whom and under what 
 circumstances. 75, 56, 57. 
 
 payment, place of. 75, 55-58. 
 
 promissory notes, certificates are. 75, 
 46-51. 
 
 promissory notes, difference between 
 certificates and. 57, 46, 48, 49. 
 
 Checks on iank. 
 
 actions by holders of cheeks, whether 
 
 maintainable. 80, 872-875. 
 certification of forged, effect of. 17, 
 
 899. 
 cheeks for a sum greater than that on 
 deposit, no part need be paid. 80, 868. 
 damages recoverable by depositor for 
 dishonor of his checks by. 80, 867, 
 868. 
 defined. 17, 807. 
 drawer of, when released by delay in 
 
 presenting. 17, 808-811. 
 duty of to pay checks of depositors. 80, 
 
 865-868. 
 effect of check as assignment. 80, 870. 
 forged check, bona fide holder of. 17, 
 
 890-893. 
 forged check, certification of, effect. 17, 
 
 899. 
 forged check, payment of, liability of 
 
 bank for. 17, 898. 
 forged checks, payment of, right and 
 
 remedies of parties. 17, 889-899. 
 forged check, payment to bona fide 
 
 holder, effect of. 17, 890-893. 
 forged check, rights and remedies of 
 
 bank paying. 17, 890-899. 
 forged indorsement of a check does not 
 exonerate bank from liability for re- 
 fusal to pay to the true owner. 80, 
 866. 
 holder of, recovery from drawer or in- 
 
 dorser. 17, 807. 
 indorsement by forger. 17, 898. 
 indorser, delay in presenting for pay- 
 ment releases. 17, 810, 811. 
 indorser warrants genuineness of prior 
 
 indorsements. 17, 898. 
 liability for not honoring checks of de- 
 positors., 80, 865-868. 
 
 Checks on bank — Continued. 
 
 liability to holders of checks. 80, 870- 
 
 875. 
 negligence of depositor in drawing. 17 
 
 897, 898. 
 overdrafts upon bank are not justified 
 
 by the prior honoring of like drafts. 
 
 80, 868. 
 presentment for payment, when must be 
 
 made. 17, 807-809. 
 refusal of bank to pay checks, when 
 
 justifiable. 80, 868-870. 
 whether operates as an assignment be- 
 fore acceptance. 19, 609-612. 
 
 Collections iy tanks. 
 
 agents, diligence required of banks as. 
 38, 774, 775. 
 
 collecting agencies, care required ~bf 
 banks as. 38, 776-778. 
 
 collecting agents, care of bank as. 38, 
 775. 
 
 collection ■ of commercial paper by 
 agents selected by, when not answer- 
 able for negligence of. 77, 625, 626. 
 
 collection of commercial paper, au- 
 thority for need not be expressed in 
 the charter. 77, 613. 
 
 collection of commercial paper, credit 
 given to customers for, is provisional 
 only. 77, 627. 
 
 collections of commercial paper, demand 
 for payment of, liability for negli- 
 gence respecting. 77, 618, 619. 
 
 collection of commercial paper, diligence 
 which must be exercised in. 77, 615, 
 616. 
 
 collection of commercial paper, instruc- 
 tions given, duty of to follow. 77, 
 627. 
 
 collection of commercial paper, liability 
 of, for negligence of notaries employed 
 by. 77, 616, 626, 627. 
 ' collection of commercial paper, negli- " 
 gence of, in not presenting for pay- 
 ment or acceptance. 77, 616, 617. 
 
 collection of commercial paper, notaries 
 selected by, liability for their acts and 
 neglect. 77, 616, 626, 627. 
 
 collection of commercial paper, notice of 
 nonpayment or nonacceptance, when 
 and to whom must be given. 77, 620- 
 623. 
 
 collection of commercial paper, pay- 
 ment of, in what may be received. 77, 
 628, 629. 
 
 collection of commercial paper, present- 
 ment of, for payment or acceptance, 
 diligence which must be exercised in. 
 77, 616-618. 
 
 collection of commercial paper, protest- 
 ing to fix liability. 77, 619, 620. 
 
 collection of commercial paper, suits in 
 aid of, need not be brought without in- 
 structions. 77, 628. 
 
 collections of commercial paper, title of 
 to commercial paper deposited with 
 for collections. 77, 614, 615. 
 
 collection of commercial paper, transmis- 
 sion of the paper to a distant place. 
 77, 623, 624. 
 
 collection of commercial paper, usages 
 respecting. 77, 628. 
 
Banks and Banking 
 
 INDEX-DIGEST TO NOTES. 
 
 24 
 
 Collections by tanks — Continued. 
 
 correspondents, liability of colleetingi 
 
 bank for acts of. 38, 776, 777. 
 depositor cannot recover from corre- 
 spondent bank after it has remitted 
 proceeds to remitting bank prior to 
 latter 's insolvency. 86, 799, 800. 
 depositor, when may recover from cor- 
 respondent bank upon insolvency of 
 remitting bank. 86, 791-793, 799. 
 negotiable paper deposited for collection. 
 
 86, 781-785. 
 negotiable paper sent to correspondent 
 bank for collection, title does not pass 
 to such bank. 86, 789, 790. 
 notaries public, duty of bank in em- 
 ployment of. 38, 775, 776. 
 officers of bank, duty of, in making col- 
 lections. 38, 775. 
 proceeds of negotiable paper, collected 
 by correspondent bank, title to, as be- 
 tween correspondent bank and de- 
 positor. 86, 791-793. 
 proceeds of negotiable paper collected 
 by correspondent bank, title to, passes 
 to such bank. 86, 790, 791. 
 proceeds of collection received after in- 
 solvency may be recovered. 86, 796, 
 797. 
 proceeds of collection received before 
 insolvency not generally recoverable. 
 86, 797,- 798. 
 remitting bank cannot recover from in- 
 solvent correspondent bank, the pro- 
 ceeds of paper remitted for collection. 
 86, 798, 799. 
 remitting bank may recover from insol- 
 vent correspondent bank paper re- 
 mitted for collection. 86, 798. 
 right of correspondent bank to hold 
 paper received for collection, or the 
 proceeds of it, as against the owner, 
 in case of the insolvency of the for- 
 warding bank. 14, 583-586. 
 subagents, liability of collecting bank 
 
 for acts of. 38, 776, 777. 
 title to money collected by bank. 86, 
 776-793. 
 Deposits. 
 
 cheek indorsed "for deposit," effect of. 
 
 47, 389-392. 
 collateral securities, bailee of, liability 
 
 as. 38, 778-780. 
 deposits fraudulently received by bank 
 while insolvent, title to, whether passes 
 to bank. 86, 793-795. 
 deposit fraudulently received by insol- 
 vent bank may be recovered. 86, 800, 
 801. 
 deposits in bank held in voluntary trust. 
 
 34, 219-224. 
 deposit of ward's funds by guardian. 89, 
 
 297, 298. 
 embezzlement of special deposits, liabil- 
 ity for. 38, 784-788. 
 general depositor, upon insolvency of 
 
 bank, cannot recover. 86, 795. 
 general depositor, upon insolvency of 
 bank, has no preference over other 
 creditors. 86, 795. 
 general deposits, title to, passes to 
 
 bank. 86,. 776-778. 
 liability of officers to depositors pro- 
 cured by misrepresentation. 48, 921. 
 
 Deposits — Continued. 
 
 negligence in caring for deposits, lia- 
 bility for. 38, 780-783. 
 negotiable paper deposited, as cash can- 
 not be recovered back upon insolvency. 
 86, 796. 
 negotiable paper deposited as cash, title 
 
 to, passes to bank. 86, 781. 
 negotiable paper deposited for collection 
 may be recovered back upon insol- 
 vency. 86, 796. 
 negotiable paper deposited for collec- 
 tion, title to, does not pass to bank. 
 86, 782. 
 negotiable paper, depositor of, when may 
 recover on insolvency of bank. 86, 
 796-800. 
 negotiable paper, when is deposited fop 
 
 collection. 86, 782-785. 
 proceeds of collection received after in- 
 solvency may be recovered by de- 
 positor. 86, 796, 797. 
 proceeds of collection received before in- 
 solvency not generally recoverable by 
 depositor. 86, 797, 798. 
 proceeds of negotiable paper deposited 
 for collection, received after insol- 
 vency, title does not pass to bank. 86, 
 788, 789. 
 proceeds of negotiable paper deposited 
 for collection, title does not pass to 
 bank where bank does not receive 
 cash in payment. 86, 787, 788. 
 proceeds of negotiable paper deposited 
 for collection, title to, passes to bank, 
 under custom to credit depositor. 86. 
 786, 787. 
 proceeds of negotiable paper deposited 
 for collection whether title to passes to 
 bank. 86, 786. 
 recovery of deposits upon insolvency of 
 
 bank. 86, 795-807. 
 special deposits, bailee of, liability as. 
 
 38, 778-788. 
 special deposits converted by bank into 
 other property, may be covered upon 
 insolvency. 86, 801, 802. 
 special deposit, embezzlement of, lia- 
 bility for. 38, 784-788. 
 special deposits, title to, does not pass 
 
 to bank. 86, 778. 
 special deposits, what constitute. 86, 
 
 778-781. 
 special deposits without compensation, 
 
 lia.bility for. 38, 780-784. 
 
 special depositor, upon insolvency of 
 
 bank, may recover deposit. 86, 795. 
 
 796. ' ' 
 
 title to money deposited generally in a 
 
 bank passes to bank. 86, 776-778. 
 title to money deposited with or col- 
 lected by bank. 86, 776-795. 
 trust funds must actually augment assets 
 of bank to justify recovery of them. 
 86, 806, 807. 
 trust funds must form part of assets ia 
 receiver's hands or depositor cannot 
 recover. 86, 805. 
 trust funds must reach receiver of in- 
 solvent bank or depositor cannot re- 
 cover. 86, 804. 
 trust funds mingled with other funds of 
 bank, when may be recovered upon in- 
 solvencv- Sfi sno-fiO/i 
 
25 
 
 INDEX-DIGEST TO NOTES. 
 
 Beneficial Associations 
 
 Deposits — Continued. 
 
 trust I funds, presumption that they re- 
 main in bank. 86, 805, 806. 
 
 Discounts. 
 
 discounting accommodation paper, 
 
 whether usurious. 46, 184, 185. 
 discounting negotiable paper, whether 
 
 usurious. 46, 183-185. 
 
 Lien of ianlcs. 
 
 banker's lien. 4, 202-204. 
 
 lien not founded on express contract, 
 4, 202, 203. 
 
 lien on bills indorsed for collection. 4, 
 203. 
 
 loss of lien. 4, 204. 
 
 no lien for debt not due. 4, 203. 
 
 no lieu on securities pledged for parti- 
 cular debt. 4, 203. 
 Officers. 
 
 agents, care required of bankers acting 
 as agents. 38, 773-788. 
 
 bailees, care required of bankers acting 
 as. 38, 773-788. 
 
 cashier, power of, to borrow money. 29, 
 96. 
 
 delegation of authority by. 50, 116. 
 
 directors, care due to bank from. 38, 
 773, 774. 
 
 misrepresentation by officers as to con- 
 dition of bank, liability to third per- 
 son for. 85, 388-391. 
 
 IV. rfational Banks. 
 
 banks, state, reorganization of as na- 
 tional banks. 59, 553. 
 conversion of state into national and 
 
 vice versa. 59, 553, 554. 
 discount of paper by, when usurious. 46, 
 
 185. 
 holding stock as collateral, liability ot. 
 
 68, 545, 546. • 
 liability of stockholders under national 
 
 banking act. 3, 841, 842. 
 lien on stock, national banks may not 
 
 impose. 57, 395. 
 setoff against insolvent national banks. 
 
 47, 591, 592. 
 shares of, where taxable. 62, 450, 45i, 
 
 469. 
 state taxation of. 69*, 38-52. 
 
 See Taxation, 
 transfer of stock of. 57, 396. 
 
 V. Savlngn Bants. 
 
 setoff in favor of and against insolvent 
 banks. 47, 594, 595. 
 
 BANISHMENT. 
 
 -of husband, effect on wife's right to con- 
 tract. 64, 863. 
 
 BANNBES. 
 
 as evidence in conspiracy. 3, 485. 
 
 BARBED WIKB. 
 
 fences, right of land owner to construct. 
 54, 514. 
 
 BABTENDEBS. 
 
 whether are laborers. 58, 306. 
 
 BASTABDS. 
 
 Illegitimate children. 
 
 children legitimized by marriage of 
 parents. 12, 101. 
 
 custody and control of illegitimate chjld, 
 right to. 88, 874. 
 
 custody of, mother's right to. 2, 185, 
 186. 
 
 evidence of husband or wife to prove 
 illegitimacy. 69, 571-574. 
 
 illegitimate children are kindred of no 
 one at common law. 12, 102. 
 
 illegitimate children not included in de- 
 vise to children. 73, 415, 416. 
 
 moral obligation to support, as consid- 
 eration for promise. 39, 742. 
 
 right of illegitimate children to inherit. 
 12, 101-103. 
 
 right to inherit from otlier children of 
 same mother. 12, 102. 
 
 statutes giving right to inherit. 12, 102. 
 
 support child, obligation to, whether a 
 debt. 37, 762. 
 
 BENEFICIAL ASSOCIATIONS. 
 
 Mutual benefit societies. 
 
 are insurance companies. 19, 781-783. 
 
 assignment of benefits. 19, 790, 791. 
 
 beneficiaries, change in. 19, 787-790; 83, 
 718, 719. 
 
 beneficiaries, designation of. 19, 786, 
 789. 
 
 beneficiaries have no vested rights. 83, 
 718. 
 
 beneficiaries, insurable interest, necessity 
 for. 19, 791. 
 
 beneficiaries, nature of interest of. 19, 
 789. 
 
 beneficiaries, retroactive effect upon of 
 amendments to the by-laws. 83, 719, 
 720. 
 
 beneficiaries, who may be. 19, 786-788. 
 
 benefit life and accident insurance socie- 
 ties. 52, 543-579. 
 
 by-laws, amendments of, apply to pre- 
 existing beneficiaries. 83, 718, 719. 
 
 by-laws of, amendments to, benefiting a 
 member. 83, 718. 
 
 by-laws of, amendments making suicide 
 a defense. 83, 710, 711. 
 
 by-laws of, amendments of, must be rea- 
 sonable to bind pre-existing members. 
 
 . S3, 709. 
 
 by-laws of, amendments of, retroactive- 
 effect not to be given to. 83, 714. 
 
 by-laws of cannot be amended so as to 
 impair pre-existing contracts. 83, 706. 
 
 by-laws of, contracts to abide by refer 
 only to those legally adopted. 83, 708. 
 
 by-laws of, contracts reserving power to 
 amend. 83, 706-708. 
 
 by-laws of, obligations of contracts may 
 not be destroyed by amendment of. 
 83, 713, 714. 
 
 by-laws reducing benefits. 43, 158. 
 
 by-laws of, reasonableness of. 83, 709, 
 710. 
 
 by-laws, reservation of power to amend, 
 what a sufficient. 83, 708. 
 
 by-laws of, reservation of the power to 
 amend. 83, 706-708. 
 
Beneficiaries 
 
 IXDBX-DIGBST TO NOTES. 
 
 2*5 
 
 Mutual benefit societies — Continued. 
 
 by-laws of, retroactive effect may be 
 
 given to by contract. 83, 715, 716. 
 by-laws of, sick benefits, whether may be 
 
 reduced by. 83, 711, 712. 
 by-laws of, vested right of members 
 
 cannot be destroyed by. 83, 710-713. 
 forfeiture of insurance. 19, 783-786. 
 forfeiture of insurance, waiver of. 19, 
 
 783-786. 
 jurisdiction of courts over. 68, 859, 860. 
 membership in, not disqualify one to act 
 
 as juror. 9, 757, 758. 
 members, rights of. 19, 786. 
 receivers of benefit societies. 72, 47. 
 suicide, by-laws making it a defense ap- 
 plicable to pre-existing contracts. 83, 
 
 710, 717. 
 vested rights in, what are. 83, 710-713. 
 
 BENEFICIABIES. 
 
 in charitable trusts, designation of. 27, 
 
 508-516. 
 in mutual benefit societies. 19, 786-790. 
 in spendthrift trusts, interest of. 24, 
 
 688-696. 
 of benefit life insurance societies, rights 
 
 of. 52, 559-572. 
 of charitable trusts, uncertainty in. 64, 
 
 766-770. 
 of life insurance policy, assignment by. 
 
 87, 497-500. 
 of trust, when bound by acts of trustee. 
 
 63, 475, 476. 
 
 BENEFIT OF THIRD PERSON. 
 
 contract for. 39, 531-535. 
 
 BENEVOLENCE. 
 
 trusts for, whether sustainable as char- 
 itable trusts. 64, 757. 
 
 BEQUESTS. 
 
 corporate power to receive limitations 
 on. 60, 318-321. 
 
 for benefit of poor of town is void for 
 uncertainty. 21, 753-758. 
 
 for masses. 65, 118-122. 
 
 to heir of personalty which he would 
 take by distribution, effect of. 75, 
 157-159. 
 
 BERTHS. 
 
 on sleeping-cars, duty of company to fur- 
 nish. 5, 35; 26, 338. 
 
 Betterments. 
 
 BETTERMENTS. 
 
 allowance for can be allowed owner as 
 an offset for rents and profits. 81, 
 176. 
 
 color of title which will support a claim 
 for. 81, 171-173. 
 
 color of title, void tax sales, whether con- 
 stitute. 81, 190. 
 
 cotenants, whether may recover, for. 
 81, 185-188, 
 
 definition of. 81, 164. 
 
 enhanced value of the lands is the meas- 
 ure of recovery for. 81, 178, 179. 
 
 ejectment allowance for in actions for 
 81, 176, 177. 
 
 execution sales, purchaser at, whether en- 
 titled to recover for. 81, 180. 
 
 Betterments — Continued. 
 
 fraudulent grantees are not entitled to 
 allowance for. 81, 179. 
 
 guardian cannot recover for from hig 
 ward. 81, 180. 
 
 guardian's sales, purchaser at void may 
 recover for. 81, 180. 
 
 homestead, improvements on, as. 81, 
 180. 
 
 husband, whether may recover for plac- 
 ing on the lands of his wife. 81, 192. 
 
 improvements made in good faith. 14 
 53, 54. 
 
 improvements which may amount to. 
 81, 165, 166. 
 
 infants are liable to make eompeuBation 
 for. 81, 164. 
 
 judicial sales, purchasers at, whether en- 
 titled to recover for. 81, 180. 
 
 judicial sales,, purchasers at, whether 
 may recover after redemption. 81, 
 184. 
 
 lessee, when recover for. 81, 181. 
 
 licensee, when may recover for. 81, 182. 
 
 measure of defendant's recovery for 
 81, 178. 
 
 mortgagees cannot be subjected to claim 
 for. 81, 183-185. 
 
 partition, recovery of in suits for. 81, 
 185-187. 
 
 public lands, claimants of, whether en- 
 titled to recover for. 81, 180, 188. 
 
 repairs, whether may be. 81, 165. 
 
 setoff against claims for rents and prof- 
 its, right to an allowance for, when 
 not restricted to. 81, 176. 
 
 settlers on the public lands, whether may 
 recover for. 81, 180, 188. 
 
 statutes creating right to allowances for. 
 81, 167, 168. 
 
 tax titles, void, purchasers holding 
 under, whether may recover for. 81, 
 190. 
 
 tenants cannot recover for. 81, 181. 
 
 tenants for life cannot recover \f or. 81, 
 182, 183. 
 
 trespassers cannot recover for. 81, 175. 
 
 trustees, claims of, for. 81, 189. 
 
 vendee of lands by parol contract, when 
 may recover for. 81, 190-192. 
 
 vendee of lands who fails to comply with 
 his contract of purchase cannot re- 
 cover for. 81, 192. 
 
 wives are not liable to pay their hus- 
 bands for. 81, 192. 
 
 BIAS. 
 
 definition of. 9, 744, 745. 
 
 instructions must be without. 14, 37. 
 
 of jurors. 1, 521. 
 
 of jurors as affecting their competency. 
 9, 744-760. 
 
 of witness, evidence admissible as bear- 
 ing on. 82, 25-68. 
 
 BIBLE. 
 
 reading of in schools. 8, 412. 
 
 BICYCLES. 
 
 are vehicles. 16, 314. 
 on public roads, whether may be made 
 criminal. 78, 269. 
 
27 
 
 INDEX-DIGEST TO NOTES. 
 
 Bills and Notes 
 
 Bicycles — Continued. 
 
 rights of, upon highways. 48, 377, 378. 
 use on sidwkewalks and streets. 16, 314. 
 
 BIDDERS. 
 
 responsible for public work. 50, 489-497, 
 
 BIGAMY. 
 
 bigamous marriage is void. 79, 378, 379. 
 evidence to show want of termination of 
 
 first marriage. 89, 200, 201. 
 marriage, proof of. 47, 228-232. 
 proof of former marriage. 47, 228-232. 
 duties and liabilities of indorser without 
 
 recourse. 7, 365-367. 
 
 BILLS AND NOTES. 
 
 I. Ejxecution. 
 
 II. Effect. 
 
 Til. Alteration and Renefral. 
 
 IV. Transfer and Negotiability. 
 
 V. Presentment, Demand, and Protest. 
 
 "VI. Payment, 
 
 VII. Actions. 
 
 I. Execntlon. 
 
 Ewecution. 
 
 acceptance, by ofSeer of corporation. 1, 
 
 136. 
 acceptance for accommodation. 1, 136, 
 
 138. 
 acceptance, oral. 1, 137. 
 acceptance, parol evidence to explain. 
 
 1, 137. 
 acceptor's contract, nature of. 1, 134. 
 acceptor, defenses available to. 1, 134- 
 
 138. 
 consideration, antecedent debt as. 1, 
 
 136. 
 delivery contrary to instructions. 37, 
 
 459. 
 delivery in escrow, delivery contrary to 
 
 terms of. 37, 459. 
 delivery, want of, as a defense. 37, 458, 
 
 459. 
 deposited in escrow, and delivered in 
 
 violation of condition. 11, 314-316. 
 execution, forged notes invalid. 37, 459. 
 execution in blank, effect of fraudulent 
 
 filling up. 11, 316, 317. 
 execution, negligence in signing note, 
 
 effect of. 37, 459, 460. 
 fraud in procuring delivery of. 37, 458- 
 
 460. 
 made by infants. 18, 606-611. 
 partner's authority to make. 48, 438. 
 place of acceptance controls. 55, 45. 
 reformation of negotiable instruments. 
 
 65, 519, 520. 
 signing by illiterate person without 
 
 knowing contents. 11, 320. 
 usurious, when notes are. 46, 184, 185, 
 
 190, 193. 
 , wills in the form of promissory notes. 
 
 89, 494. 
 
 II. Effect. 
 
 E-jfect. 
 
 accommodation paper held as collateral 
 security. 32, 713, 714. 
 
 accommodation paper, maker of, liabil- 
 ity of. 31, 745-747. 
 
 I'.ffeot — Continued. 
 
 accommodation paper, nature of contract. 
 31, 745. 
 
 accommodation paper, rights and liabili- 
 ties of makers and indorsers. 31, 745- 
 757. 
 
 check accepted as payment in full. 69, 
 346-351. 
 
 effect of fraud in inception of negotiable 
 instruments. 11, 309-326. 
 
 instruments never delivered, but ob- 
 tained by fraud, effect. 11, 313, 314. 
 
 lis pendens, when negotiable paper sub- 
 ject to rules of. 56, 863. 
 
 married women estopped by execution 
 of note. 57, 177. 
 
 situs of negotiable instruments for pur- 
 poses of taxation. 62, 458. 
 
 validity of agreement in a note to pay 
 attorney's fees if suit is brought. 55, 
 438-441, 444. 
 
 III. Alteration and ReneTval. 
 
 A Iteration. 
 
 alteration made possible by negligence of 
 maker. 4, 25, 26. ' 
 
 alteration, material and unauthorized, 
 of bills and notes. 86, 84-102.. 
 
 alteration of negotiable paper. 4, 25, 26. 
 
 liability of maker on altered negotiable 
 paper. 4, 25^ 26. 
 
 unauthorized alteration of note will de- 
 feat recovery on mortgage to secure it. 
 86, 123. 
 Renewal. 
 
 renewal of notes by partners after disso- 
 lution. 40, 565. 
 
 IV. Transfer and Tfegotiabllity. 
 
 Transfer. 
 
 accommodation paper held as collateral 
 
 security. 32, 713, 714. 
 deposited for collection, title to paper, or 
 
 its proceeds. 86, 781-789. 
 recovery of negotiable paper deposited 
 
 with bank, upon insolvency of bank. 
 
 86, 796-800. 
 sale of, by one not the owner. 3, 199, 
 
 200. 
 transfer, burden of proof respecting. 1, 
 
 184. 
 
 Indorsement of negotiable paper. 
 
 ficcommodation paper, agents, power of, 
 to make or indorse. 31, 754. 
 
 accommodation paper, corporations, 
 power of, to make or indorse. 31, 753, 
 754. 
 
 accommodation paper, fraudulent diver- 
 sion of, liability of maker or indorser. 
 31, 748-751. 
 
 accommodation paper, indorser of, lia- 
 bility of. 31, 745-747. 
 
 accomnjodation paper, misappropria- 
 tion of, liability of maker or indorser. 
 31, 748. 
 
 accommodation paper, partners, power 
 of, to make or indorse. 31, 754-757. 
 
 accommodation paper, pledge of, as col- 
 lateral security, liability of maker or 
 indorser. 31, 747, 748. 
 
 accommodation paper, principal's lia- 
 bility on, for agent's indorsement. 31, 
 753-757. 
 
Hills of Ladaug 
 
 INDEX-DIGEST TO NOTES 
 
 2S 
 
 Indorsement of negotiable paper — Continued. 
 accommodation paper, rights of makers 
 
 and indorsers of. 31, 752, 753. 
 cheek indorsed "for deposit," effect of 
 
 47, 389-392. 
 indorsement before delivery. 14, 794. 
 indorsement by partners after dissolution. 
 
 40, 564. 
 indorsement for collection. 14, 793. 
 indorsement for collection, lien of bank. 
 
 4, 203. 
 indorser's liability. 11, 930, 931. 
 makers and indorsers are not joint 
 
 debtors. 65, 690. 
 parol evidence to vary contract of in- 
 dorsement. 7, 366, 367. 
 warranty implied by indorsement. 7, 
 
 365, 366. 
 
 Bona fide purchasers. 
 
 amount of recovery of bona fide holder 
 against defrauded maker or indorser. 
 11, 321, 322. 
 
 bona fide holder takes instrument unaf- 
 fected by fraud in its origin. 11, 309- 
 313. 
 
 burden of proof as to bona fide owner- 
 ship. 11, 323-326. 
 
 fraud in inception of negotiable instru- 
 ments as affecting bona fide holders. 
 11, 309-326. 
 
 of instruments execuled in blanks and 
 wrongfully filled up. 11, 316, 317. 
 
 of instruments executed that a portion 
 may be detached or altered. 11, 317, 
 318. 
 
 of instruments mistakenly executed 
 under false representation. 11, 318- 
 321. 
 
 of instruments never delivered, but ob- 
 tained by fraud or crime. 11, 313, 
 314. 
 
 of instruments put in circulation in vio- 
 lation of instructions or conditions. 
 11, 314-316. 
 rights of transferee from bona fide 
 holder. 11, 322, 323. 
 
 V. Presentiaent, Demand and Protest. 
 
 Presentment, demand, and protest. 
 
 checks, duty of holder of in order to 
 make drawer or indorser liable there- 
 on. 17, 807-811. 
 
 protest as sufficient evidence. 86, 685. 
 
 wrongful protest of commercial paper. 
 30, 158, 159. 
 
 VI. Payment. 
 
 Payment. 
 
 payment by indorser, effect. 14, 794. 
 payment, necessity of surrender. 1, 184. 
 presumption of payment from lapse of 
 time. 18, 882. 
 
 Actions — Continued. 
 
 burden of proof as to bona fide owner- 
 ship. 11, 323-326. 
 
 conflict of laws as to damages. 91, 718- 
 720. 
 
 forfeiture of notes, relief from, in equity, 
 86, 62. 
 
 interest allowed in actions on. 91, 733, 
 734, 740. 
 
 parol evidence to vary promissory notes. 
 56, 669. 
 
 undisclosed principal whether may sue 
 upon negotiable instrument. 55,' 919. 
 
 BILLS OF LADING. 
 
 Bills of lading. 
 
 assignee of, liability where draft at- 
 tached, for failure of title to or de- 
 feet in goods or failure of considera- 
 tion. 91, 212-216. 
 
 assignment of. 9, 512, 513. 
 
 carrier limiting liability in. 88, 74-134. 
 
 delivery of goods upon production of. 
 9, 512, 513. 
 
 delivery of to vendee, effect of. 26, 452, 
 453. 
 
 issued by express companies. 61, 364, 
 365. 
 
 retention of in vendor's name, effect of. 
 26, 453. 
 
 sales of, by one not the owner. 3, 200. 
 
 terms in, defeating right of subrogation. 
 44, 734-736. 
 
 BOABDS OP HEALTH. 
 
 powers which may be delegated to. 80, 
 212-234. 
 
 BOABDS OF TRADE. 
 
 control of courts over. 68, 860. 
 
 BONA FIDE. 
 
 holder of forged check, rights of. 17, 
 890-893. 
 
 holders of negotiable instruments, how 
 affected by fraud. 11, 309-326. 
 
 presumption that subsequent purchaser 
 is. 17, 288-290. 
 
 purchaser at trustee's sale. 19, 266, 295, 
 296. 
 
 purchaser, disaffirmance of infant's con- 
 tract as against. 18, 661, 662. 
 
 purchaser, not affected by fraudulent 
 conveyance. 20, 632, 633. 
 
 BONDS. 
 I. Reanisltes. 
 II. ConHtrnction. 
 
 III. Payment. 
 
 IV. Actions. 
 
 VII. Actions. 
 
 Actions. 
 
 amendments to pleadings in actions on. 
 
 51, 426, 427. 
 amount of recovery by bona fide holder 
 
 against defrauded m^ker or indorser. 
 
 11, 321, 322. 
 
 I. Reanlsites. 
 
 Bonds. 
 
 execution, failure of some parties to ioin 
 
 in. 40, 51, 52. 
 for safe return of vessels. 90, 373-377. 
 for which new counties are liable. 20. 
 
 678. ' 
 
 indemnity to sheriffs. 86, 554-558. 
 infants as makers of. 18. 613- fiiy 
 
29 
 
 INDEX-DIGEST TO NOTES. 
 
 Brokers 
 
 II. Construction, 
 
 Construction of hands. 
 
 indemnity, duty and liability of officers 
 
 upon receiving. 15, 315, 316. 
 municipal bonds in the hands of bona 
 
 fide holders. 51, 822-861. 
 official bonds, irregularities in, which 
 
 fail to relieve sureties from liability. 
 
 90, 189-206. 
 operation of official bonds. See Officers, 
 recitals in municipal bonds, effect of. 
 
 51, 835. 
 refunding bonds of municipality. 44, 
 
 240. • f J , 
 
 release of sureties. 20, 616-618. 
 
 security not to commit a misdemeanor. 
 90, 797-802. 
 
 sureties not bound unless all parties exe- 
 cute bond. 40, 51, 52. 
 
 taxation of, where. 62, 452, 453. 
 
 III. Payment. 
 
 presumption of payment. 18, 880. 
 
 IV. Aetlons, 
 
 Actions relating to bonds. 
 
 appeal bonds, defective, liability of sur- 
 eties on. 67, 197-204. 
 forfeiture of bonds, relief from, in 
 
 equity. 86, 62, 63. 
 indemnitors, when bound by judgments 
 
 against principals. 22, 204-207. 
 injunction by taxpayer against issuance 
 
 of municipal bonds. 2, 98, 101. 
 liability of sureties on successive bonds. 
 
 10, 843-860. 
 mandamus to compel governor to deliver 
 
 or accept bonds. 31, 299, 304. 
 official bonds, liability on. 91, 497-579. 
 preference of, over railroad mortgage. 
 
 54, 415, 416. 
 reformation of. 65, 505. 
 suits by third persons upon bonds given 
 
 to another. 71, 195. 
 
 BOOKKEEPEBS. 
 
 whether are laborers. 58, 306. 
 
 BOOKS. 
 
 power to compel party to produce, as 
 
 evidence. 41, 388-396. 
 production of, in evidence, when will 
 
 not bo compelled. 32, 643-648. 
 sale of, when a lottery. 16, 43. 
 
 BOUNDARIES. 
 
 Boundaries. 
 
 agreements establishing. 22, 35, 36. 
 
 ancient boundaries, how established. 22, 
 3.5. 
 
 ba'nk of stream, lines running along, ef- 
 fect of description as. 27, 60. 
 
 conflict between surveys. 22, 34. 
 
 controlling courses, what calls control. 
 22, 34. 
 
 establishing lost corners. 22, 35. 
 
 evidence, quantity of land called for. 
 22, 35. 
 
 evidence to establish or vary calls. 22, 
 34, 35. 
 
 meander lines are not boundaries. 27, 
 <^9. 
 
 Boundaries — Continued. 
 
 mists,ke and ignorance as to, effect on 
 
 adverse possession. 24, 388-390. 
 monuments at side of stream, effect of. 
 
 27, 59, 60. 
 navigable streams as boundaries. 27, 56- 
 
 58. 
 non-navigable streams as boundaries. 
 
 27, 56-58. 
 of lands on stream, presumed to extend 
 
 as far as grantor owned. 27, 59. 
 proceedings to settle disputed boundaries. 
 
 22, 36. 
 shore, lines running along, effect of de- 
 scription. 27, 59-63. 
 surveys. 22, 34-36. 
 thread of stream as boundary, what is. 
 
 27, 58.' 
 
 waters as boundary lines. 27, 56-63. 
 water need not be named as a boundary 
 to make it such. 27, 59. 
 
 BOYCOTT, 
 
 as conspiracy. 3, 492. 
 
 by trades union. 68, 869. 
 
 BREACH OF PROMISE. 
 
 of marriage, defenses to. 44, 381-384. 
 of marriage, exemplary damages for. 
 
 28, 874, 
 
 to marry, defenses to action for, 40, 172- 
 176, 
 
 BREACH OF THE PEACE. 
 
 arrest for, by policemen. 84, 685-688. 
 security against. 90, 799-802. 
 
 BRIBERY, 
 
 charging judges with, as contempt of 
 
 court. 50, 577. 
 when invalidates an election. 90, 87, 88. 
 
 BRIDGES. 
 
 mechanic's lien upon. 65, 172. 
 
 not diminish flow of streams by. 85, 707, 
 
 708. 
 when an unlawful obstruction Oif street 
 
 1, 842. 
 
 BROKERS. 
 I. Conrtuct ot Business. 
 II. Commissions. 
 
 I. Conduct of Business. 
 
 Brolcers. 
 
 are pledgees when they purchase on mar- 
 gin. 74, 471, 472. 
 
 boards of, injunction against irregular 
 expulsion of members. 68, 860. 
 
 conversion, when guilty of. 74, 480. 
 
 custom of to sell without demanding ad- 
 ditional margin. 74, 479. 
 
 demand for more margin necessary to 
 authorize sale for deficiency in. 74, 
 478. 
 
 insolvency of broker, purchasers' rights 
 on'. 74, 481, 483. 
 
 interpleader, broker cannot maintain. 
 91, 606. 
 
 margin, duty of, to sell on, when dir- 
 ected. 74, 475. 
 
Brother 
 
 INDEX-DIGEST TO NOTES. 
 
 30 
 
 Brokers — Continued. 
 
 margin, failure of, brokers' righta and 
 duties on. 74, 475-479. 
 
 margin, purchase on, defined. 74, 470, 
 471. 
 
 margin, relation existing between broker 
 and client after purchase on. 74, 471. 
 
 pledge by broker of stocks purchased on 
 margin. 74, 473, 474. 
 
 purchase from one not the owner. 3, 
 204. 
 
 relation between broker and client is 
 that of principal and agent, though 
 broker holds the property as surety. 
 74, 476. 
 
 remedies of brokers against purchasers. 
 74, 4S3. 
 
 remedies of purchaser against broker for 
 unauthorized sale. 74, 480, 481. 
 
 _right of broker to repledge stocks pur- 
 chased on margin. 74, 472-475. 
 
 sale by broker without demanding ad- 
 ditional margin. 74, 477. 
 
 subagents, appointment of. 50, 112. 
 
 II. Commissions. 
 
 Commissions. 
 
 commission, effect on, of sale by prin- 
 cipal. 28, 547. 
 commission on sales for future delivery. 
 
 1, 764-766. 
 commission, revocation of authority, 
 
 when not; deprive broker of right to. 
 
 28, 548. 
 commission, when cannot be deprived of. 
 
 28, 546, 547. 
 commission, when entitled to. 28, 546- 
 
 548. 
 real estate agents, commissions of. 12, 
 
 589, 590. 
 
 BROTHER. 
 
 action by, for death of brother or sister. 
 
 70, 675. 
 as head of family. 70, 109, 110. 
 right of, to inherit property. 12, 105. 
 undue influence of, over sister. 21, 103. 
 
 BUILDING CONTRACT. 
 
 architect's certificates and engineer's 
 estimates. 56. 312-316. 
 
 destruction of building before comple- 
 tion, effect of. 59, 285, 286. 
 
 injunction against breach of, covenants 
 in. 90, 641, 642. 
 
 BUILDINGS. 
 
 covenant not to erect. 21, 494, 495. 
 
 damages to, by excavations. 33, 474, 
 475. 
 
 fall of, liability of city for. 15, 849. 
 
 fall of, whether shows negligence. 6. 
 793. 
 
 lateral support for right of. 33, 456-465. 
 
 public, taxation for. 16, 369. 
 
 uncompleted, mechanic's lien on. 43, 900- 
 905. 
 
 vacant and unoccupied, in fire insur- 
 ance. 10, 390-396. 
 
 BUILDING AND LOAN ASSOCIATIONS. 
 
 discontinuance of business by, stock- 
 holder may resist. 61, 25. 
 
 dues, decisions holding borrowing stock- 
 holders entitled to credit for payment 
 of. 61, 28, 29. 
 
 duos, insolvency, effect upon right to 
 collect. 61, 26. 
 
 interest, return or credit of upon insol- 
 vency. 61, 27. 
 
 liability of stockholders and members 
 after insolvency of. 61, 29. 
 
 loans become payable at once on in- 
 solvency of. 61, 29. 
 
 members, assessment against, receiver is 
 authorized to make. 61, 30. 
 
 members or stockholders, liability of 
 after insolvency. 61, 29. 
 
 members withdrawing, when relieved 
 from liability. 61, 30. 
 
 plan and purpose of. 46, 200. 
 
 premature dissolution of, stockholder 
 may resist. 61, 25. 
 
 premiums, insolvency, effect upon right 
 to collect. 61, 26. 
 
 premiums paid by member, credit for, 
 whether must be given on insolvency 
 of. 61, 27. 
 
 premiums paid to, whether usurious. 
 46, 200, 201. 
 
 receivers of. 72, 47, 48. 
 
 remedies of members of. 68, 860, 861. 
 
 scheme or object of. 61, 24. 
 
 voluntary discontinuance of business by. 
 61, 25. 
 
 BURDEN OF PROOF. 
 
 as to bona fide ownership of negotiable 
 instruments. 11, 323-326. 
 
 confession, that it was voluntary. 6, 
 244, 245. 
 
 general rules respecting. 16, 439, 440. 
 
 negotiable instruments, in transfer of. 
 1, 184. 
 
 of illegality of contracts for future de- 
 livery. 1, 764. 
 
 See Evidence. 
 
 BURGLARY. 
 I. Tlte Oflense. 
 II. Prosecution. 
 
 I. Tlie Offense. 
 
 Burglary. 
 
 accomplice in. 2, 399. 
 
 attempt to commit. 20, 743. 
 
 breaking and entering, essential. 2, 383. 
 
 breaking and entering may be at differ- 
 ent times. 2, 388. 
 
 breaking, constructive. 2, 387. 
 
 breaking, what constitutes. 2, 383-385, 
 
 breaking, what does not constitute. 2, 
 385, 386. 
 
 breaking out, whether sufficient. 2, 386, 
 387. 
 
 character of offense. 2, 383. 
 
 consent of owner. 2, 387. 
 
 consent of owner, effect of. 72, 704, 705. 
 
 curtilage' of dwelling. 2, 388; 
 
31 
 
 INDEX-DIGEST TO NOTES. 
 
 Carriers 
 
 Burglary — Con tinued. 
 
 decoying persons into commission of. 2, 
 
 387. 
 definition of. 2, 383. 
 dwelling, cellar used as storehouse not a. 
 
 2, 390. 
 dwelling, hotel as. 2, 390. 
 dwelling-house, what is. 2, 388. 
 dwelling, mill-house not a. 2, 390. 
 dwelling occupied by lodgers. 2, 390. 
 dwelling occupied by servants. 2, 389. 
 dwelling occupied bv several families. 
 
 2, 389, 390. 
 dwelling, intent to reside in. 2, 389. 
 dwelling, Intent to return to. 2, 389. 
 dwelling, stable as a. 2, 390. 
 dwelling, storehouse is not a. 2, 390. 
 dwelling, store may be a. 2, 391. 
 entering building. 2, 387, 388. 
 essentials of the crime. 2, 383. 
 homicide committed in perpetration of, 
 
 is murder. 90, 579. 
 intent, felonious, necessary. 2; 391; 392. 
 night-time, breaking and entering must 
 
 be in. 2, 388. 
 
 II. Prosecution. 
 
 Burglary. 
 
 charge to jury. 2, 398, 399. 
 
 evidence, declarations of accused. 2, 
 
 398. 
 evidence in. 2, 396-398. 
 evidence of intent. 2, 396, 397. 
 evidence, Dossession of burglarious tools 
 
 as. 2, 397. 
 evidence, possession of stolen property 
 
 as. 2, 397, 398. 
 evidence that crime was committed in 
 
 night-time. 2, 396. 
 , indictment for. 2, 392-396. 
 
 indictment for, breaking and entering 
 
 must be stated in. 2, 392, 393. 
 indictment for, how and in whom owner- 
 ship alleged. 2, 394, 395. 
 indictment for, joinder of court for lar- 
 ceny. 2, 396. 
 indictment for, must allege ownership. 
 
 2, 394-396. 
 indictraen t for, must aver intent. 2, 
 
 393. 
 indictment for, must aver night-time. 
 
 2, 394. 
 indictment for, must use "feloniously" 
 
 and "burglariously." 2, 393. 394. 
 indictment for, need not allege value. 2, 
 
 394. 
 indictment for, need not describe prop- 
 
 ©rtv taken. 2, 394. 
 intoxication as a defense. 2, 398. 
 opinion eviden'-e. 2, 397. 
 sentence. 2. 399. 
 verdict. 2, 899. 
 
 BUBIAL. 
 
 of dead bodies, rights in. 75, 424-430. 
 of dead, whether made criminal. 78, 
 241. 
 
 BUSINESS. 
 
 damages to, what recoverable. 36, 850, 
 fourteenth amendment as affecting re- 
 striction upon. 25, 878-880. 
 
 Business — Continued. 
 
 relations as affecting competency of 
 
 .iuror. 9, 756, 757. 
 relations of, undue influence as affected 
 
 by. 21, 97. 
 
 BUTTER. 
 
 regulating sale of imitation. 10, 423, 
 424. 
 
 BUYER'S RISK. 
 
 what is. 75, 77-79. 
 
 BY-LAWS. 
 
 of associations, conclusive; effect of. 59, 
 
 206-208. 
 of benefit societies, amendments to, 
 
 effect as to pre-existing members. 83, 
 
 706, 720. 
 of corporations, limitations on power to 
 
 enact. 43, 152-158. 
 of corporations, restricting alienation of 
 
 stock. 57, 381-385. 
 of mutual benefit insurance society. 52, 
 
 556-559. 
 
 CALLS. 
 
 compelling corporation to make, for un- 
 paid subscriptions. 3, 807, 808, 810- 
 814. 
 
 unpaid, liability of transferee of stock 
 for. 6, 838-840. 
 
 which control boundaries. 22, 34. 
 
 CANCELLATION OF INSTRUMENTS. 
 
 in equity, notwithstanding a defense at 
 
 law. 9, 777. 
 laches in moving to vacate deeds and 
 
 agreements. 2, 803. 
 revoking wills by. 28, 350, 351. 
 
 CANONS OF DESCENT. 
 
 at common law. 12, 92, 43. 
 
 CARRIERS. 
 I. Regulation of Carriers. 
 II. Carriage of Goods. 
 
 III. Carriage of liivestocU. 
 
 IV. Carriage of Passengers. 
 
 I. Regulation of Carriers. 
 
 Common carriers. 
 
 becoming private carriers. 62, 522. 
 
 common carriers are employed in pub- 
 lic use. 62, 290. 
 
 duty to give signals of departure of 
 trains. 7, 835. 
 
 exclusive privileges, right to grant. 22, 
 699-702. 
 
 fourteenth amendment not prohibit 
 state fixing charges of. 25, 888. 
 
 interstate carriers, Congress, power of, 
 over. 27, 547-550. 
 
 interstate commerce, regulation of 
 charges of those engaged in. 27, 
 558, 559. 
 
 interstate commerce, state regulation of 
 
 ' those engaged. 27, 567, 568. 
 
 mandamus to compel carriers to per- 
 form duties. 37, 320-323. 
 
 monopolies among. 74, 249-255. ' 
 
Carriers 
 
 IXOEX-DIGBST TO NOTES. 
 
 32 
 
 Common Carriers — Continued. 
 
 prejudice against, as affecting compe- 
 tency of jurdr. 9, 747, 748. 
 
 right of states to regulate charges of. 
 15, 483-493. 
 
 sleepdng-car companies are not common 
 carriers. 26, 332, 333. 
 
 telephone companies are. 10, 128, 131. 
 
 II. Carriage of Goods. 
 
 Bills of lading. 
 
 bill of lading, delivery of goods upon 
 " production of. 9, 512, 513. 
 
 liability of assignee of bill of lading 
 with draft attached, to consignee for 
 failure of title to or defect in goods, 
 or failure of consideration. 91, 212- 
 
 • 216. 
 
 limitation of liability in bills of lading. 
 88, 74-134. 
 
 Delay in transportation. 
 
 by act of God and want of diligence, 
 
 effect of union of. 11, 363, 364. 
 act of God, when excuses delay. 11, 
 
 362-364. 
 carriers' liability for loss or deterior- 
 ation of goods by delay. 11, 360-366. 
 damages, measure of, for delay. 11, 
 
 360-366. 
 delay, reasonable and unreasonable. 11, 
 
 361, 362. 
 delay that will excuse carrier.' 11, 361, 
 
 362. 
 demurrage, right to charge. 44, 921-926. 
 floods and snow causing delay, effect of. 
 
 11, 362, 363. 
 ' perishable property, effect of delay in 
 
 transportation. 11, 361. 
 strikes, riots, and mobs, effect of, as 
 
 causing delay in transportation. 11, 
 ' 365, 366. 
 
 Delivery of goods. 
 
 common carriers and adverse claimants. 
 34, 731-736. 
 
 conversion of goods by delivery to one 
 not the owner. 34, 734. ' 
 
 delivery of goods to one claiming to be 
 the owner. 34, 731-734. 
 
 delivery of goods to persons not author- 
 ized to receive them. 52, 332. 
 
 delivery to the real consignee or his 
 agent. 9, 511, 512. 
 
 delivery upon production of bill of lad- 
 ing. 9, 512, 513. 
 
 deviation from route, liability for. 36, 
 821. 
 
 duty and liability of carrier when ad- 
 verse claim is set up to property re- 
 ceived for transportation. 34, 731- 
 736. 
 
 duty of, to receive goods tendered for 
 shipment. 46, 776, 777. 
 
 fraud, imposition, or mistake does not 
 excuse delivery of goods to person 
 not entitled thereto. 52, 333. 
 
 garnishment of.' 50, 465-467. 
 
 garnishment of property in transit in 
 hands of carrier. 69, 125-127. 
 
 imposlers, delivery of goods 'to. 52, 
 333-336. 
 
 interpleader, carrier may maintain. 91, 
 609. 
 
 Delivery of goods — Continued. 
 
 legal process, duty of carrier when 
 goods seized under. 34, 735, 736. 
 
 nature and extent of carriers' liability 
 for delivery to wrong person. 9, 513, 
 514. 
 
 usage- as affecting delivery by carrier. 
 9, 513. 
 Discrimination. 
 
 discrimination by railroads between 
 shippers and shipping points. 11, 647- 
 655. 
 Empress companies. 
 
 actions against express companies.' 61, 
 382-385. 
 
 agents, liability of, for the negligence 
 or dishonesty of. 61, 381. 
 ' agents, torts of, liability for. 61, 381. 
 
 are common carriers. 61, 360, 361. 
 
 are insurers of the safe delivery of 
 goods to the consignee. 61, 374. 
 
 bills of lading undertaking to limit the 
 
 ' liability of. 61, 364, 365. 
 
 burden of proof in actions against. 61, 
 382. 
 
 cannot exact special contracts limiting 
 their common-law liability. 61, 362. 
 ' care and diligence required of, depend 
 on the value and quality of the prop- 
 erty given to them for transportation. 
 61, 362. ' 
 
 charges of other carriers need not be ad- 
 
 ' vaneed by. 61, 380. 
 
 C. O. D., liability for goods consigned 
 for. 61, 379. 
 
 common carriers acting as express com- 
 panies. 62, 525. 
 
 common carriers are not bound to fur- 
 nish equal facilities. 62, 514, 515. 
 
 common carriers are not bound to fur- 
 nish special facilities to. 62, 513, 514. 
 
 common-law liability of, receipts and 
 bills of lading, to what extent may 
 limit. 61, 365, 366. 
 
 connecting lines, limiting liability for 
 goods shipped over. 61, 371. 
 ' consignee, absence of, when terminates 
 the liability of the company as a com- 
 mon carrier. 61, 377, 378. 
 
 consignee may maintain an action for 
 the loss of goods. 61, 383. 
 
 conversion of property by, what is. 61, 
 384. 
 
 delay in delivery of goods, when answer- 
 able for. 61, 375. 
 
 delay, liability for, though the injury 
 suffered was by the act of God. 61, 
 379. 
 
 delivery of goods, duty respecting. 61, 
 363. ' 
 
 delivery of goods to wrong person. 61, 
 375. 
 
 delivery of goods, what is. 61, 372-374. 
 
 duties of, as common carriers. 61, 36(: 
 
 385. 
 duty of, to deliver goods at the con- 
 signee's residence or place of busi- 
 ness. 61, 362. ' 
 embezzlement by their agents, liability 
 
 for. 61, 381. 
 exclusive privileges, state statutes for- 
 ' bidding the granting of, by common 
 carriers to. 62, 517-519. 
 
33 
 
 INDEX-DIGEST TO NOTES. 
 
 Carriers 
 
 Express oompanies — Continued. 
 
 express companies exclusive rights 
 
 which may be granted to, by common 
 
 carriers. 62, 515, 516. 
 express companies, liability to messen- 
 gers and other servants of, if injured 
 
 by negligence of carrier. 62, 521. 
 express companies' facilities, statutes 
 
 requiring common carriers to furnish 
 
 equal to. 62, '516. 
 liability of, extent to which may be 
 
 changed by contract. 61, 363, 364. 
 liability for delay in delivering goods. 
 
 61, 379, 380. 
 express companies' liability of, for 
 
 goods lost through negligence of rail- 
 way companies. 62, 525. 
 liability of, for goods shipped over a 
 
 connecting line. 61, 371. 
 liability of, is that of common carriers. 
 
 61, 361. 
 liability of, limiting by notice. 61, 366. 
 liability, limiting by receipts and bills 
 
 of lading. 61, 364. 
 liability, limiting the amount of. 61, 
 
 366-369. 
 limitations as to time for presenting 
 
 claims for losses. 61, 370. 
 loss, presentation of claim for, stipu- 
 lations limiting time for making. 61, 
 
 370, 371. 
 loss through negligence, liability for 
 
 cannot be limited by contract. 61, 
 
 380, 381. 
 notice limiting liability of. 61, 366, 367. 
 express companies' relation of, to other 
 
 common carriers. 62, 513-525. 
 value of articles, receipts fixing and 
 
 limiting. 61, 367, 368. 
 warehouseman, liability of, as, when 
 
 commences. 61, 378, 379. 
 
 Lien of carrier. 
 
 lien of carriers, jurisdiction to enforce. 
 74, 389. 
 
 Limitation of liability. 
 
 assent of shipper, acceptance of bill 
 
 of lading as evidence of.' 88, 80-82. 
 assent of shipper, agent to deliver goods 
 
 to carrier may give. 88, 87. 
 assent of shipper, drover in charge of 
 
 stock may give.' 88, 87, 88. 
 assent of shipper, evidence of. 88, 79- 
 
 87. 
 assent of shipper, failure to read bill of 
 
 lading as affecting. 88, 82, 83. 
 assent of shipper given by agent. 88, 
 
 87, 88. 
 
 assent of shipper, inability to read im- 
 material as regards. 88, 83, 84. 
 
 assent of shipper, initial carrier may 
 give, as regards connecting carrier. 
 
 88, 88. 
 
 assent of shipper, necessity of. 88, 78, 
 79. 
 
 assent of shipper, previous dealings of 
 carrier and shipper as evidence of. 
 88, 86. 
 
 assent of shipper, receipt of bill of lad- 
 ing after shipment of goods is not evi- 
 dence of. 88, 84, 85. 
 Index-Digest — 3 
 
 Limitation of liability— Continued. 
 
 assent of shipper, receipt of bill of lad- 
 ing after shipment of goods may 
 show, if in accordance with nrior 
 agreement. 88, 85, 86. 
 
 assent of shipper to reasonable re^- 
 lations, when not necessary. 88, 79 
 
 assent of shipper, signing is not essen- 
 tial to. 88, 80. 
 
 assent of shipper to stipulations on back 
 or bill of lading, when appears. 88, 
 
 as to amount recoverable even for loss 
 by negligence. 88, 106-111. 
 
 "'"oo" f Jl"""* recoverable in ease of loss. 
 o», lUo-113. 
 
 as to amount recoverable, in case of 
 partial loss.' 88, 112, 113. 
 
 as to amount recoverable must not be 
 arbitrary. 88, 107, 108. 
 
 as to amount recoverable, tests of valid- 
 ity of. «8, 108-110. 
 
 as to amount recoverable, to value of 
 goods at time and place of shipment, 
 oo, 111, 
 
 as to amount recoverable unless real 
 value of goods is stated. 88, 110, 111 
 
 burden of proof that loss is withii the 
 exemption. 88, 121-125. 
 
 burden on the carrier to prove loss 
 within the exemption of contract. 88, 
 
 1^1. 
 
 burden on carrier to show that his negli- 
 gence did not cause loss. 88, 121-123. 
 
 burden on shipper to show negligence of 
 carrier to relieve himself from con- 
 tract. 88, 123, 124. 
 
 burden on shipper who accompanies the 
 shipment to show that loss is not 
 within the exemption. 88, 124, 125. 
 
 by limiting time within which suit must 
 be brought for loss or damage. 88, 
 
 by stipulation as to what persons are to 
 be considered servants of carriers 
 88, 102, 103. 
 
 by stipulation for notice of claim for 
 loss or damage. 88, 113-116. 
 
 by stipulation for notice of claim for 
 loss, is valid. 88, 113. 
 
 by stipulation that owner shall accom- 
 pany and care for stock. 88, 104, 105. 
 
 by stipulation that shipper examine car 
 and assume risk of defects. 88, 105. 
 
 character as common carrier not af- 
 fected by. 88, 94, 95. ' 
 
 conflict of laws, as to proof of assent 
 to terms of bill of lading. 88, 126, 
 127. 
 
 conflict of laws, doctrine of federal 
 courts. 88, 127. 
 
 conflict of laws, doctrine where limita- 
 tion is opposed to public policy of lex 
 fori. 88, 128. 
 
 conflict of laws, effect of stipulation in 
 contract that foreign law shall gov- 
 ern. 88, 128, 129. 
 
 conflict of laws regarding. 88, 125-129. 
 
 conflict of laws, where contract is made 
 and partly performed in foreign state. 
 88, 125, 126. 
 
Carriers 
 
 INDEX-DIGEST TO NOTES. 
 
 34 
 
 Limitation of liability — Continued. 
 
 consideration for, acceptance of danger- 
 ous or unusual articles for carriage 
 is. 88, 89. 
 
 consideration for, acceptance of goods 
 for carriage is not. 88, 88, 89. 
 
 consideration for, lack of may be shown. 
 88, 90, 91. 
 
 consideration for, . necessity of. 88, 88. 
 
 consideration for, presumption of. 88, 
 90. 
 
 consideration for, reduction of rates is 
 sufficient. 88, 89, 90. 
 
 consideration for, what constitutes. 88, 
 88-90. 
 
 consignor may bind consignee. 88, 87. 
 
 constitutionality of statutes relating to, 
 as appilied to interstate shipments. 
 88, 133, 134. 
 
 construction of stipulations relating to. 
 88, 118-121. 
 
 contract fixing value of article shipped 
 construed against carrier. 23, '597. 
 
 contract fixing value of property car- 
 
 ' Tied. 23, 595. 
 
 contract limiting liability of, must be 
 reasonable. 46, 778. ' 
 
 contract limiting liability of, shipper 
 must be given choice between assent- 
 ing to or not. 46, 779. 
 
 estoppel of carrier to demand perform- 
 ance of stipulations respecting. 88, 
 118. 
 
 exemption from liability except for 
 gross negligence, validity of. 88, 97- 
 99. 
 
 express companies, liability of, for acts 
 of carriers employed by them. 88, 
 101. 
 
 express contracts respecting, required 
 in Georgia. 88, 131. 
 
 for loss by fire. 88, 103, 104. 
 
 for loss by breakage. 88, 104. 
 
 for losses caused by negligence of car- 
 rier or his servants, validity of. 88, 
 95-97. 
 
 for loss from delay. 88, 104. 
 
 for losses on connecting lines. 88, 132. 
 
 for negligence of carrier or servants, al- 
 lowed in New York. 88, 99, 100. 
 
 for negligence, rule in England. 88, 
 100, 101. 
 
 history of right to limit liability by con- 
 tract. 88, 77, 78. 
 
 in bills of lading. 88, 74-134. 
 
 in case of loss by negligence, doctrine 
 that carrier cannot limit value of 
 goods. 88, 111, 112. 
 
 initial carrier, liability of for acts of 
 connecting carrier. 88, 101, 102. 
 
 liability at common law. 88, 77. 
 
 limiting amount of liability to sum less 
 than value of goods lost, power of 
 carrier in. 23, 593-597. 
 
 limiting liability by stipulation, when 
 valid.' 1.3, 783-787. 
 
 limiting liability of, by contract. 46, 
 776. 
 
 option of shipper to secure carriage un- 
 der common-law liability. 88, 93, 94. 
 
 option of shipper to ship under common- 
 law liability, what is sufficient. 88, 
 93, 94. 
 
 Limitation of liability — Continued. 
 
 reasonable, must be. 88, 91, 92. 
 
 reasonableness of. 88, 91-94. 
 
 reasonableness of, burden of proof on 
 carrier to show. 88, 92, 93. 
 
 shipper may refuse to limit common-law 
 liability of. 46, 777. 
 
 statutes prohibiting. 88, 129, 130. 
 
 statutes prohibiting limitations in mere 
 receipts. 88, 130, 131. 
 
 statutes prohibiting, whether applicable 
 to interstate shipments. 88, 130. 
 
 statutes relating to limiting amount of 
 recovery. 88, 132, 133. 
 
 statutes relating to limiting time within 
 which suit must be brought. 88, 133. 
 
 statutory regulation of. 88, 129-134. 
 
 stipulation for notice of claim for loss 
 before removal and mingling of live- 
 stock is reasonable. 88, 114, 115. 
 
 stipulation for notice of claim for loss 
 must be reasonable. 88, 113, 114. 
 
 stipulation for notice of claim for loss 
 or damage is a limitation of liability. 
 88, 133. 
 
 stipulation for notice of claim for loss 
 should name party to whom notice is 
 to be given. 88, 115. 
 
 stipulation for notice of claim for loss, 
 when reasonable. 88, 114. 
 
 stipulation for notice of loss is unrea- 
 sonable where damage is not appar- 
 ent. 88, 116. 
 
 stipulation for notice of loss, substantial 
 compliance with, when sufficient. 88, 
 116. 
 
 stipulation for notice of loss, where car- 
 rier has no agent at destination, valid- 
 ity of. 88, 115. 
 
 stipulation for notice of loss, where time 
 allowed is unreasonably short. 88, 
 116. 
 
 stipulations limiting liability of com- 
 pany. 13, 783-787. 
 
 stipulations limiting time of bringing 
 action. 13, 785. 
 
 stipulatons relating to, are construed 
 strictly against carrier. 88, 118, 119. 
 
 stipulation relating to, construed not to 
 cover losses caused by negligence. 88, 
 119, 120. 
 
 stipulation relating to, inapplicable to 
 claims for delay. 88, 120, 121. 
 
 stipulation relating to, is applicable only 
 to claims arising on bill of lading. 
 88, 120. 
 
 statutes requiring signatures of parties 
 to contract respecting. 88, 131, 132. 
 
 to carrier's own line. 88, 101, 102. 
 
 validity and effect of. 88, 94-118. 
 
 value of article shipped, agreement fix- 
 ing. 23, 594-597. ' 
 
 value of article shipped, misrepresenta- 
 tion regarding. 23, 594-597. 
 
 waiver by carrier of performance of 
 stipulation that claim must be pre- 
 sented or suit brought within certain 
 time. 88, 117, 118. 
 
 Loss of, or injury to goods. 
 
 cold storage cars, carrying goods in, lia- 
 bility for. 90, 300-302. 
 exemplary damages, liability for. 28, 
 881, 882. 
 
35 
 
 INDEX-DIGEST TO NOTES. 
 
 Carriers 
 
 Loss of, or injury to goods — Continued. 
 
 liability for acts resulting from negli- 
 gence and act of God. 36, 838, 840. 
 
 subrogation of insurer to rights of car- 
 rier. 44, 734-736. 
 
 trover committed by common carrier. 
 24, 815, 816. 
 
 Special contracts. 
 
 contracts of carriage, place of. 55, '53. 
 
 parol agreement to vary contract. 56, 
 663. 
 
 special contract, right of carrier to ex- 
 act from shipper. 46, 777-780. 
 
 stipulations contrary to law.' 13, 782. 
 
 stipulations exacted by fraud and coer- 
 cion. 13, 784. 
 
 stipulations extorted without considera- 
 tion. 13, 784. 
 
 stipulations which a railroad company 
 may not extort from shippers, and 
 
 then effect. 13, 782-787. 
 
 III. Carriage of liivestock. 
 
 Carriers of livestock. 
 
 are common carriers. 63, 548, 549. 
 
 cars, duty of, to furnish safe and suit- 
 able. 63, 553, 554. 
 
 cars, duty of, to supply on demand. 63, 
 554. 
 
 connecting lines, duties of. 63, 564, 565. 
 
 contracts, special, limiting liability of. 
 63, 565, 566. 
 
 delay in transportation of, when not ex- 
 cusable. 63, 350, 551. 
 
 delay in transporting, liability for. 63, 
 564. 
 
 delay in unloading, liability for. 63, 
 559. 
 
 diligence required of, in completing 
 transportation. 63, 563. 
 
 duties of carriers and shippers. 63, 548- 
 566. 
 
 duties of, as to loading and unloading, 
 bedding and ventilation of cars. 63, 
 558-560. 
 
 duty of, in feeding and watering stock. 
 63, 554-558. 
 
 duty of, to prevent escape of. 63, 560. 
 
 duty of, to provide suitable facilities 
 for transportation of. 63, 551. 
 
 duty of, to provide yards and stockpens 
 for receiving and delivering. 63, 551, 
 552. 
 
 duty of, to transport for all persons. 63, 
 551. 
 
 duty of, to transport within a reason- 
 able time. 63, 550, 551. 
 
 escape of, liability for. 63, 560. 
 
 feeding and watering, duties red^ecting. 
 63, 554, 555, 
 
 keeping confined in cars for an exces- 
 sive time. 63, 556, 357. 
 
 liability for delay in transportation. 11, 
 361. 
 
 loading and unloading, facilities which 
 must provide for. 63, 558-560. 
 
 must receive and transport in the order 
 in which they are received for ship- 
 ment. 63, 552. 
 
 overloading, liability for. 63, 559, 560. 
 
 resting, dutv to stop oars to permit. 
 63, 561, 562. 
 
 Carriers of livestock — Continued. 
 
 stockyards and pens, duty of, to keep 
 in repair. 63, 560. 
 
 stockyards and pens, duty of, to provide. 
 63, 552. 
 
 vessels, liability and duties of carriers 
 on. 63, 565. 
 
 water for, duty to provide and give in- 
 formation respecting. 63, 355, 556. 
 
 whether liable as common carriers. 63, 
 549. 
 
 IV, Carriage of Passengers. 
 
 Baggage. 
 
 baggage, limiting liability for, by no- 
 tice. 5, 721. 
 
 baggage, when additional compensation 
 must be paid for carrying. 5, 724. 
 
 Contributory negligence of passenger. 
 
 care which passenger must exercise. 17, 
 426. ' 
 
 choosing between alternative dangers. 
 17, 425. 
 
 contributory negligence in leaving mov- 
 ing train. 17, 422-429. 
 
 negligence of passenger in jumping 
 from moving train. 17, 422-427. 
 
 passengers, contributory negligence of. 
 1, 200. 
 
 prima facie negligence in jumping from 
 moving train. 17, 429. 
 
 Personal injuries to passengers. 
 
 arrests made by servants, liability of 
 carrier for. 32, 100, 101. ' 
 
 assaults by fellow-passengers, liability 
 of carrier for. 32, 90-95. 
 
 assaults by fellow-passengers, when car- 
 rier not liable for. 32, 95. 
 
 assaults by servants, liability of carrier 
 for. 332, 95-100. 
 
 assault by servants on female passen- 
 geo-s, liability of carrier for. 32, 101. 
 
 assault by servants upon passengers, 
 liability for. 54, 89. 
 
 assault, damages for, upon passenger. 
 32, 99, 100. 
 
 assault, duty to protect passenger from. 
 32, 90-101. 
 
 assault provoked by person injured, car- 
 rier not liable for. 32, 101. 
 
 duty to protect passengers from injuries 
 by third persons. 6, 734-737. 
 
 exemplary damages for personal injuries 
 to. 28, 880. 
 
 exemplary damages, liability for. 28, 
 881, 882. 
 
 exemplary damages, when recoverable. 
 28, 877. 
 
 express companies, negligence of rail- 
 ways, whereby servants of, are in- 
 jured. 62, 521. 
 
 free pass, persons riding upon may re- 
 cover if injured by negligence. 61, 
 88. 
 
 lessor of railroad, liability to passengers 
 injured by negligence of lessee. 58, 
 152, 153. 
 
 passenger, place where riding as affect- 
 ing the duty and liability of the cor- 
 poration. 61, 90, 91. 
 
 surgical attendance on injured passen- 
 gers. 1, 200. 
 
Carriers 
 
 IXDEX-DIGEST TO NOTES. 
 
 3<i 
 
 Passeng&i-s. 
 
 discrimination on account of race or 
 
 color. 11, 651. 
 duty to awake passenger at destination. 
 
 7, 836. . 
 
 duty to inform of change in location of 
 
 train. 7, 831. 
 duty to inform passenger of danger. 7, 
 
 830-836. 
 duty to inform of danger of alighting. 
 
 7, 831, 832. 
 duty to inform of danger from unex- 
 pected ' trains. 7, 834. 
 duty to inform that he has taken dan- 
 gerous position. 7, 835. 
 duty to inform that train has stopped at 
 
 unusual place. 7, 833. 
 duty to person assisting passenger. 29, 
 
 54-56. 
 duty to protect passengers. 6, 734-736. 
 duty to warn passenger of unusual peril. 
 
 7, 831, 832. 
 effect of actual knowledge of terms of 
 
 notice by passenger. 5, 723, 724. 
 express companies' passenger trains, 
 
 right of, upon. 62, 313, 514. 
 freight trains, authority of servants to 
 
 receive passengers upon. 61, 91, 92. 
 freight trains, liability to persons riding 
 
 upon. 61, 95. 
 liability may be limited by express con- 
 tract. 5, 725. 
 limiting liability of carriers of passen- 
 gers. 5, 723-728. 
 notice as making a contract limiting 
 
 carrier's liability to passenger. 5, 
 
 726. 
 notices restricting liability of carriers 
 
 of passengers for tort or negligence. 
 
 5, 728. 
 ordinary care, duty of exercising, to 
 
 person assisting passenger.' 29, 54, 55. 
 passenger, ■ a mail agent or postal clerk 
 
 may be a. 61, 99. 
 passenger, an express messenger is a. 
 
 ,61, 98, 99. 
 
 passenger bribing employes of. 91, 104. 
 
 passenger carried gratuitously. 61, 87. 
 
 passenger, commencement of transporta- 
 
 , tion is not essential to the relation 
 
 of. 61, 75, 76. 
 passenger, connecting lines, rights of 
 
 upon. 61, 103. 
 passenger, consent, express or implied, 
 
 of the carrier is essential.' 61, 75, 84. 
 passenger, contract, express or implied, 
 
 is essential to the relation of. 61, 76. 
 passenger, definition of. 61, 75. 
 passengers, degree of care required with 
 
 respect to. 1, 200. 
 passenger, employes of carriers may be. 
 
 61, 97, 98. 
 passenger, fraud, when forfeits right of. 
 
 61, 104. 
 passenger, invitation to ride given by 
 
 persons without authority. 61, 83, 84. 
 passenger, newsboy, whether is a. 61, 
 
 100, 101. 
 passenger on construction trains. 61, 
 
 &5. 
 passengers on freight trains, rights of. 
 
 2, 39, 40. 
 passenger on freight trains. 61, 95, 96. 
 
 Pa ssengers — Gon tinned. 
 
 passenger on hand-cars. 61, 95. 
 
 passenger on special train. 61, 95, 96. 
 
 passenger, person entering the wrong 
 train. 61, 82, 83. 
 
 passenger, person waiting for a train 
 may be a. 61, 80. 
 
 passenger, porter of a sleeping-car is a. 
 61, 100. 
 
 passenger, presumption respecting per- 
 sons who go aboard steamboats. 61, 
 78. 
 
 passenger, presumption that a person on 
 a passenger train is a. 61, 78. 
 
 passenger taking a dangerous position 
 on a train. 61, 90. 
 
 passenger upon the wrong train, duty of 
 to care for. 61, 83. 
 
 passenger, whether one is, when a ques- 
 tion of fact and when of law. 61, 103. 
 
 passengers, who are and when they be- 
 come such. 61, 75-104. 
 
 passenger, who is. 61, 77. 
 
 passenger, who is not. 61, 77. 
 
 persons assisting passenger, duty to. 29, 
 54-56. 
 
 person assisting passenger, duty to 
 keep station safe for. 29, 55, 56. 
 
 trespassers, persons riding on freight 
 trains. 61, 91-93. 
 
 aieeping-car companies. 
 
 are not common carriers. 26, 332, 333. 
 
 are not innkeepers. 26, 332, 333. 
 
 berths, duty to furnish, to all entitled. 
 26, 338. 
 
 burden of proof rests to show notice of. 
 5, 729. , 
 
 care required as to passenger's property. 
 5, 35, 36. 
 
 common-law liability may not be lim- 
 ited by general notice. 5, 720-723. 
 
 continuous passage in same car or one 
 equally good, duty to furnish. 26, 
 339. 
 
 contract limiting carrier's liability. 
 5, 719-729. 
 
 contract of, implied from sale of ticket. 
 26, 339. 
 
 custody of, property of passenger when 
 not in. 26, 337. 
 
 duties and liabilities of sleeping-car 
 companies. 5, 34-36. 
 
 effect of actual knowledge of terms of 
 notice by shipper.' 5, 723, 724. 
 
 exemption from liability for negligence 
 by notice. 5, 726. 
 
 kind of notice of, immaterial. 5, 723, 
 7^4. 
 
 liability for failure to exercise reason- 
 able care. 26, 333, 334. 
 
 liability for negligence. 26, 334, 33o. 
 
 liability for personal injury to passen- 
 ger. 5, 36. 
 
 liability may be limited by express con- 
 tract. 5, 725. 
 
 limitations of liability must be reason- 
 able. 5, 725. 
 
 limiting liability. 26, 337. 
 
 limiting liability by notice in cars. 26, 
 338. 
 
 nature of contract between company 
 
 anil TAQCICIOTI f*r\Tn K O A O fT 
 
37 
 
 INDEX-DICxEST TO NOTES. 
 
 Certiorari 
 
 Sleeping-car co mpan ies — Con t i ntied. 
 
 nealeet or failure to read notice of. 5, 
 729. I 
 
 negligence, contributory, of passenger, 
 defeats recovery. 26, 336. 
 
 negligence, liability for. 26, 334, 335. 
 
 negligence of, not presumed from fact 
 of loss. 26, 335. 
 
 obligations and liabilities of. 26, 331- 
 340. 
 
 passenger holding passes, company not 
 liable to. 26, 340. 
 
 passenger not trespasser in car, when. 
 26, 339, 340. 
 
 sleeping-car companies not limit liabil- 
 ity by mere notice. 5, 721. 
 
 thefts by servants, liability for 26, 
 336, 337. 
 
 tickets, refusal of servant to recognize, 
 liability for. 26, 340. 
 
 Tickets and fares. 
 
 discrimination in favor of passenger 
 
 purchasing ticket at office. 11, 650. 
 drovers' pass, duty of railway to person 
 
 riding upon. 61, 89. 
 drover's pass, person riding upon it. 
 
 61, 89, 90. 
 fare, payment of, when not essential to 
 
 the relation of. 61, 85-88. 
 fare, refusal to pay deprives person of 
 
 rights of. 61, 80, 86. 
 pass, failure of acceptor to sign condi- 
 tions in, effect of. 84, 404. 
 purchase of ticket is not essential. 61, 
 
 79. 
 passenger riding free or gratuitously. 
 
 61, 87, 88. ' 
 tickets are mere vouchers. 5, 723, 727. 
 tickets at special rates, conditions on, 
 whether passenger bound by. 84, 402, 
 403. 
 tickets, condition on, notice of, to pas- 
 senger, must be shown. 84, 399-401. 
 tickets, conditions on, respecting bag- 
 gage, whether bind passenger. 84, 
 401, 402. 
 tickets, condition printed on. 5, 719- 
 
 725. 
 tickets, excursion, failure to sign not 
 relieve passenger from conditions in. 
 84, 405, 406. 
 ticket, expiration of time of. 61, 101. 
 tickets, failure of passenger to sign 
 where there is a blank space for sig- 
 ' nature, eifect of. 84, 403, 405. 
 tickets, first class, time limits on, 
 whether bind passenger. 84, 397-399. 
 tickets for ocean voyage, conditions on, 
 
 bind passenger. 84, 402. 
 tickets, limitations upon time when may 
 
 be used. 61, 101. 
 tickets, limited, computation of time of 
 
 expiration; 61, 102. 
 tickets, mileage, failure to sign not re- 
 lieve buyer from conditions in. 84, 
 40-5. 
 tickets, notice in, limiting liability. 5, 
 
 728, 729. 
 ticket, purchase, when creates relation 
 
 of passenger. 61, 79, 80. 
 tickets, second class, given by mistake, 
 passenger entitled to rights of first- 
 class ticket; 84, 397. 
 
 Tickets and fares — Continued. 
 
 tickets, transfer of. 61, 103. 
 tickets, unsigned, binding effect of con- 
 ^ ditions on. 84, 397-408. 
 tickets, unsigned, carrier bound by. 84, 
 406-408. 
 
 CAVEAT EMPTOR. 
 
 rule applies to tax sale. 42, 588. 
 
 when applies to trustee's sale. 19, 279. 
 
 CEMETEBIES. 
 
 abolishment or discontinuance of, by 
 municipalities. 87, 683, 684. 
 
 charitable trusts for cemeteries. 63, 
 257. 
 
 grant of land for purposes of, does not 
 create condition subsequent. 79, 755. 
 
 power of municipalities to regulate, pro- 
 hibit, or discontinue. 87, 678-684. 
 
 prohibition of, by municipalities, is valid 
 if reasonable. 88, 681. 
 
 prohibition of, by municipalities, when 
 void, because unreasonable. 87, 681- 
 683. 
 
 prohibition of, injunction against en- 
 forcement of invalid. 87, 683. 
 
 regulation of, by municipalities, limita- 
 tion on power of. 87, 678, 679. 
 
 regulation of, by municipalities, stat- 
 utes which confer power of. 87, 679, 
 680. 
 
 regulation of, by municipalities, when 
 
 ' void because unreasonable. 88, 680. 
 
 rights in, of one who buries his dead 
 there. 75, 427-430. 
 
 who may maintain, municipalities can- 
 not place restrictions on. 87, 683. 
 
 CERTIFICATES. 
 
 of acknowledgment of deeds, conclusive- 
 ness of. 54, 150-159. 
 
 of architects required by building con- 
 tracts. 56, 312-316. 
 
 of deposit, rules concerning. 75, 43-61. 
 
 of filing papers. 15, 296. 
 
 of magistrate as to loss by fire. 23, 258- 
 262. 
 
 of marriage, forgery of. 8, 467. 
 
 of receiver. 71, 379-381. 
 
 of record of deed, forgery of. 8, 467. 
 
 CEBTIOBABI. 
 
 Certiorari. . 
 
 absence of other remedy necessary.' 40, 
 30. 
 
 assessors, reviewing acts of. 40, 44. 
 
 boards of supervisors, reviewing acts of. 
 
 ' 40, 38-42. 
 
 common law, use of writ at. 40, 29, 30. 
 
 discretion cannot be reviewed upon. 40, 
 34. 
 
 election canvassers, reviewing acts of. 
 
 ' 40, 44, 45. 
 
 errors otherwise reviewable, effect 
 where. 40, 30-32. 
 
 evidence, extrinsic, not usually admis- 
 sible. 40, 35, 36. 
 
 fact, questions of, not reviewed upon. 
 40, 34, 35. 
 
 in contempt cases. 40, 36. 
 
 judgments, attack upon, by. 23, 108. 
 
Challenge 
 
 IXDEX-DIGEST TO NOTES. 
 
 38 
 
 Certiorari — Continued. 
 
 judicial ofS^cers, immaterial acts of, re- 
 viewing. 40, 46. 
 
 judicial questions not reviewed upon. 
 40, 36-38. 
 
 judicial questions, what are. 40, 36-38. 
 
 law, errors at, whether reviewable upon. 
 40, 32-34. 
 
 local boards, reviewing acts of. 40, 42- 
 44. 
 
 ministerial acts of judicial officers, re- 
 viewing. 40, 46. 
 
 municipalities, common councils of, re- 
 viewing acts of. 40, 38-42. 
 
 North Carolina, scope of writ in. 40, 
 32. 
 
 office of the writ. 40, 29. 
 
 office, removals from, reviewing. 40, 45, 
 46. 
 
 purpose and scope of writ. 40, 30. 
 
 questions reviewable upon. 40, 29-46. 
 
 record must disclose question raised. 
 40, 35, 36. 
 
 removals from office, reviewing. 40, 45, 
 46. 
 
 restitution of possession after quashing 
 proceedings on. 17, 264. 
 
 taxes, assessment of, reviewing. 40, 44. 
 
 taxes, equalization of, reviewing. 40, 
 44. 
 
 Tennessee, scope of writ in. 40, 31, 32. 
 
 to review judgment punishing for con- 
 tempt. 22, 420, 421. 
 
 to set aside award of public contract. 
 50, 495. 
 
 West Virginia, scope of writ in. 40, 32. 
 
 CHALLENdB'. 
 
 for cause of grand jurors. 12, 906. 
 of members of grand jury. 12, 905-911. 
 to the array of grand jurors. 12, 905, 
 906. 
 
 CHAMPERTY. 
 
 champertous agreements are void. 83, 
 
 165-175. 
 champertous contract of attorney. 13, 
 
 299. 
 
 CHANGE OF LAW. 
 
 effect of, upon dower. 39, 38. 
 married women's property rights, how 
 affected by. 85, 556, 557,. 566. 
 
 CHAEITIES. 
 
 Charities. 
 
 lotteries for benefit of. 16, 44. 
 
 objects of, how designated in trust. 27, 
 
 512-516. 
 public, taxation for. 16, 368. 
 
 Charitable trusts. 
 
 beneficiaries dependent upon selection by 
 
 trustees. 27, 508. 
 beneficiaries, uncertainty in, when fatal 
 
 to. 64, 766-769. 
 beneficiaries, vagueness in describing. 
 
 64, 770. 
 bequest for benefit of poor of a town is 
 
 void for uncertainty. 21, 753-758. 
 bequests for masses, validity of. 65,' 
 
 118-122. 
 
 Charitable trusts — Continued. 
 
 bequests for masses, whether create a 
 
 charitable trust. 65, 120. 
 c?rtainty in the beneficiaries of. 64, 
 
 756. 
 ch'ritsble or benevolent purposes, trusts 
 
 for, whether sustainable as. 64, 757. 
 charitable trusts not within the rule 
 
 against perpetuities. 49, 127-129. 
 charitable uses or trusts, what are. 63, 
 
 248-269. 
 cy pres doctrine not prevail in New 
 
 Yo'rk. 27, 508. 
 definitions of. 63, 248, 249. 
 discretion of trustees, what permissible. 
 
 27, 512. 
 discretion which may be confided to the 
 
 trustee. 64, 759. 
 for asylums. 63, 262. 
 for cemetery associations or corpora- 
 tions. 63, 257. 
 for churches and church buildings. 6?, 
 
 264. 
 for colleges and other schools. 63, 258, 
 
 261. 
 for founding and maintaining hospitals. 
 
 63, 262. 
 
 for human beneficence and charity. 63, 
 256. 
 
 for patients in a hospital. 64, 759. 
 
 for philanthropic purposes. 63, 256. 
 
 for preventing cruelty to animals. 63, 
 267. 
 
 for public libraries. 63, 261. 
 
 for Sunday-school purposes. 63, 266. 
 
 for the erection of houses of public wor- 
 ship. 63, 250. 
 
 for the poor of a designated church. 64, 
 753. 
 
 for the purposes of having masses for 
 the repose of the souls. 63, 267. 
 
 for the relief of the poor and unfor- 
 tunate. 63, 262, 263. 
 
 for the support of education. 63, 258- 
 261. 
 
 for the support of missions, domestic 
 and foreign. 63, 265. 
 
 for the support of public worship and 
 religious instruction. 63, 264. 
 
 gifts for the benefit of a church. 64, 
 764. 
 
 gifts which cannot be sustained for want 
 of beneficiaries. 64, 764, 765. 
 
 indefiniteness or ambiguity in. 64, 760. 
 
 in favor of nonexisting corporations. 
 27, 510, 516. 
 
 instances of trusts not sustainable be- 
 cause the purpose is not wholly char- 
 itable. 64, 757. 
 
 instances of which are void for in- 
 definiteness and uncertainty. 64, 761. 
 
 must be for charitable purposes only. 
 
 64, 756. 
 
 purposes which are not charitable. 63, 
 
 268. 
 statutes of Elizabeth, enumeration of, 
 
 contained in. 63, 252, 253. 
 statutes of Elizabeth respecting whether 
 
 a part of the common law of the 
 
 United States. 63, 254. 
 statutes of Elizabeth, states in which are 
 
 not enforced. 63, 254. 
 
S9 
 
 INDEX-DIGEST TO NOTES. 
 
 Ohildren 
 
 Charitable trusts — Contimicd. 
 
 uncertainty in the beneficiaries when 
 
 fatal to. 64, 758. 
 unity and certainty required in. 64, 75& 
 
 771. 
 what are. 62, 248-269. 
 
 CHARTERS. 
 
 of corporations are contracts. 62, 166. 
 of corporation, effect of repeal of. 7, 
 721-725. 
 
 CHASTITY. 
 
 of prosecutrix in seduction. 8, 870-872. 
 want of, as ground for impeachment of 
 witnesses. 53, 479-482. 
 
 CHATTELS. 
 
 dogs are. 67, 290. 
 loan, of, whether usurious. 46, 187. 
 purchase of, from one who has no title. 
 3, 195-206. 
 
 CHATTEL MORTGAGES. 
 
 I. Requisites. 
 II. Filing anfl Recording. 
 Til. Foreclosure and Sale. 
 
 I. Requisites. 
 
 Chattel mortgages. 
 
 by infants. 18, 596, 597. 
 by insane persons. 71, 430. 
 disaffirmance of by infant. 18, 664, 665. 
 effect of allowing mortgagor to retain 
 
 possession, and to sell the property. 
 
 15, 912-917. 
 on growing crops. 18, 770, 771. 
 
 Description. 
 
 description aided by proof that mort- 
 gagor owned none other. 14, 242. 
 
 description false in part. 14, 245. 
 
 description in chattel mortgage. 14, 
 239-247. 
 
 description, interpretation and construc- 
 tion of. 14, 240, 245. 
 
 description made void by indefinite ex- 
 ceptions. 14, 243. 
 
 description must supply means of identi- 
 fication. 14, 239. 
 
 description need not be perfect in itself. 
 14, 239. 
 
 description of animals in. 14, 241, 242. 
 
 description of growing crops. 14, 246, 
 247. 
 
 description of logs. 14, 241. 
 
 description of stock in store. 14, 245. 
 
 description, parol evidence to identify. 
 14, 239. 
 
 description usually state ownership and 
 location. 14, 241. 
 
 descriptions, when sufBcient as to stran- 
 gers. 14, 239, 240. 
 
 description where location is misstated. 
 14, 244. 
 
 sufficiency of description of property in 
 chattel mortgages. 14, 239-247. 
 
 II. Filing; and Recordingr. 
 
 Filing and recording. 
 filing of. 15, 295. 
 recording, delay in. 21, 283. 
 recording, effect of. 21, 282, 283. 
 recording necessity of. 21, 282. 
 recording when complete. 21, 282. 
 
 III. Foreclosure and Sale. 
 
 Foreclosure. 
 
 receivers in foreclosure suits. 72, 80. 
 Sale. 
 
 collusion in sales under power. 16, 499. 
 forfeiture, rights of mortgagor afte^. 
 
 16, 501. 
 power of sale in mortgage, exercise of. 
 
 16, 499, 501. 
 right and remedies of chattel mortgagor 
 
 whose property has been wrongfully 
 
 sold. 16, 499-503. 
 sale by mortgagee to himself. 16, 499- 
 
 501. 
 sale, damages for wrongful. 16, 501. 
 sale of mortgaged property after debt is 
 
 paid. 16, 502. 
 sale of mortgaged property en masse. 
 
 16, 502. 
 sale of mortgaged property in parcels. 
 
 16, 502. 
 surplus after sale, mortgagor's right to. 
 
 16, 500, 501. 
 
 CHEATS. 
 
 as crimes. 78, 241. 
 
 CHECKS. 
 
 assignment of fund, whether operates as. 
 
 19, 609-612. 
 baggage, are mere vouchers. 5, 721-723. 
 duty of holder in order to make drawer 
 
 or indorser liable thereon. 17, 807-811. 
 forged, payment of, rights and remedies 
 . of parties. 17, 889-899. 
 indorsed "for deposit," effect of. 47, 
 
 389-392. 
 liability of banks for not honoring. 80, 
 
 865-875. 
 payment by. 69, 346-351. 
 place of making contract. 55, 48, 49. 
 
 CHILDREN. 
 
 action by, for death of parent. 70, 679, 
 
 680. 
 after-born, provision in will for. 15, 
 
 592-595. 
 by adoption. 39, 210-231. 
 by adoption, right to inherit. 12, 100, 
 
 101. 
 custody of, parents' right to. 2, 183-187. 
 devises to, who entitled to take. 73, 
 
 413-440. 
 effect of leaving, in succession to prop- 
 erty of husband or wife. 12, 85-90. 
 explosives injuring, liability for. 37, 
 
 140. 
 illegitimate, right to inherit. 12, 101- 
 
 103. 
 liability for injury to. 36, 835. 
 
Chivalry Guardians 
 
 INDEX-DIGEST TO NOTES. 
 
 40 
 
 Children-^Continued. 
 
 liability of parent for acts of. 74, 801- 
 
 808. 
 life insurance, right to. 44, 406-409. 
 limitation to, and rule in Shelley's Case. 
 
 11, 101, 105. 
 meaning of in will, evidence to show. 
 
 50, 286. 
 negligence in dealing with. 49, 406-433. 
 of adopted child, inheritance by.' 39, 
 
 225, 226. 
 persons must anticipate ordinary be- 
 havior of. 36, 835, 836. 
 posthumous, right to inherit. 12, 99, 100. 
 rape on. 16, 30. 
 schools, exclusion from, for what causes. 
 
 65, 330-339. 
 succession of, to intestate's estate. 12, 
 
 96-104. 
 voluntary conveyance to. 14, 746, 749. 
 
 CHIVALRY GUARDIANS. 
 
 what are. 89, 262, 269. 
 
 CHANCERY GUARDIANSHIP. 
 
 CHOSE IN ACTION. 
 
 as collateral security, remedies of holder 
 
 of. 32, 728, 729. 
 assignment of. 71, 31-36. 
 assignment of, as voluntary trust. 34, 
 
 210-212. 
 sale of is not usurious. 46, 183. 
 where taxable. 62, 451. 
 
 CHURCHES. 
 
 charitable trusts for. 63, 264. 
 charitable trusts for benefit of. 64, 764. 
 membership in, not disqualify one to act 
 
 as juror. 9, 758. 
 members of, libel of. 15, 348. 
 redress in courts against proceedings in. 
 
 18, 301, 302. 
 whether a house, in arson. 71, 268. 
 
 CITIZENS. 
 
 absent, jurisdiction over. 53, 179-191. 
 corporations are, to a limited extent. 62, 
 
 167, 168. 
 jurisdiction over, of courts of another 
 
 state or country. 6, 179-190. 
 foreign corporations as. 85, 907, 908, 
 
 919. 
 of municipality, interest of, as affecting 
 
 competency to act as juror. 9, 750- 
 
 752. 
 privilege and immunities of, as affected 
 
 by fourteenth amendment. 25, 872. 
 right of, to resist arrest.' 84, 697-703. 
 
 CIVIL DEATH. 
 
 definition of. 6, 380. 
 extent to which the doctrine is recog- 
 nized in the United States. 6, 379-383. 
 
 CIVIL SERVICE LA'WS. 
 
 appointing power, how far may be inter- 
 fered with by. 79, 562, 563. 
 constitutionality of. 79, 560-564. 
 
 Civil service laws — Continued. 
 
 delegation of legislative powers, act em- 
 powering the commissioners to make 
 rules relative to examinations is not. 
 79, 560. 
 
 fitness is not an illegal test. 79, 560, 561. 
 
 free speech as affected by. 79, 564. 
 
 liberty, no one is deprived of by. 79, 
 562. 
 
 penalties for violation of. 79, '564. 
 
 privileges and immunities granted by the 
 
 ' constitution of the United States are 
 not impaired by. 79, 561, 562. 
 
 special privileges cannot be conferred by. 
 79, 563. 
 
 Union veteran soldiers, how far may be 
 preferred or favored by. 79, 563. 
 
 CLAIM AND DELIVERY. 
 
 substituted for replevin. 80, 747. 
 when sustainable. 80, 741-767. 
 
 CLAIRVOYANCE. 
 
 belief in, as insane delusion. 63, 92. 
 
 CLASS. 
 
 gifts to a, who entitled to take under. 
 73, 413-440. 
 
 libel or slander of a, or number of per- 
 sons.' 70, 754-757. 
 
 CLERKS. 
 
 bonds, failure to approve or demand 
 bonds as a breach of.' 91, 564-566. 
 
 whether laborers within exemption laws. 
 58, 305, 306. 
 
 CLERKS OF COURT. 
 
 bonds, acts of clerk as recorder as breach 
 
 of. 91, 569, 570. 
 bonds, acts of clerk as tax collector as- 
 
 breach of. 91, 569. 
 bonds, acts of clerk under appointment 
 
 by court, when a breach of. 91, 570, 
 
 571. 
 bonds, failure to issue writs as breach 
 
 of. 91, 562. 
 bonds, issuance of letters of guardian- 
 
 shipi, when a breach of. 9.1, 562, 563. 
 bonds, issuance of marriage license not 
 
 a breach of.' 91, 563. 
 bonds, misappropriation of funds as a 
 
 breach of. 91, 566-568. 
 bonds, neglect to perform ministerial 
 
 duties as a breach of. 91, 563, 564. 
 separate bond is required, liability of 
 
 general sureties in cases where. 91, 
 
 570, 571. 
 sureties of, liability of. 91, 562-568. 
 
 CLOUD ON TITLE. ' 
 
 See Quieting Title, 
 suit to remove. 45, 373-378. 
 
 CLUBS. 
 
 equity jurisdiction over. 68, 861, 862. 
 liquor furnished by, whether a sale. 24. 
 ,.?5-50. ' ' 
 
 social, disposition of liquor by, whether 
 a sale. 24, 35-50. 
 
41 
 
 INDEX-DIGEST TO NOTES. 
 
 Commerce 
 
 Cluis — Continued. 
 
 , social, furnishing liquors, violation of 
 local option laws. 24, 41. 
 social, nature and purposes of. 24, 35. 
 social, sale of liquor by, not for profit. 
 24, 43. 
 
 COAL MINING. 
 
 acts regarding, -which may be made crim- 
 inal. 78, 242. 
 
 C. O. D. 
 
 express companies' liability for goods 
 sent. 61, 379. 
 
 CODES. 
 
 code amendment and revision, constitu- 
 tionality of. 86, 267-279. 
 
 codification as repealing prior acts by 
 implication.' 88, 287-289. 
 
 title to, -when contain but one subject. 
 79, 473-475. 
 
 COERCION. 
 
 accompanying strikes. 61, 708. 
 
 in exacting stipulations from shippers by 
 carriers. 13, 784. 
 
 of wife in: committing crimes in hus- 
 band's presence. 33, 92-94. 
 
 COLD STORAGE. 
 
 rules concerning. 90, 295-302. 
 See Pledge. 
 
 COLLATERAL ATTACK. 
 
 conclusiveness of judgments upon. 15, 
 
 143. 
 upon adoption proceedings. 39, 215-218. 
 upon existence of corporation. 33, 180, 
 
 181. 
 upon forged or altered judgments.' 80, 
 
 479-484. 
 upon judgments. 23, 117. 
 upon judgments. See Judgments, 
 upon judgments for defects in service 
 
 of process. 61, 485-495. 
 upon judgments for or against deceased 
 
 persons. 29, 816, 817. 
 upon order confirming judicial sale.' 29, 
 
 497. 
 upon the right of an acting administra- 
 tor. 81, 530-562. 
 
 COLLATERAL INHERITANCES. 
 
 taxation of. 41, 580-585; 62, 454, 455. 
 
 COLLATERAL SECURITIES. 
 
 bank as bailee of, liability of. 38, 778- 
 
 780. ' 
 definition and rules concerning. 32, 711- 
 
 731. 
 liability of persons holding corporate 
 
 stock as. 68, 542-547. 
 pledge of stock as. 1, 783, 784. 
 stock held as, liability of holder for 
 
 corporate debts. 3, 865, 866. 
 waiver of mechanic's lien by .taking. 
 
 41, 762-765. 
 
 COLLECTION. 
 
 by banks, care required in making. 38, 
 
 77.5-778. 
 guaranty of. 64, 393-403. 
 of assets by administrators. 12, 312, 313. 
 of debts by partners after dissolution. 
 
 40, 569. 
 of commercial paper by banks. 77, 613- 
 
 629. 
 of taxes by personal action. 42, 655-661. 
 
 COLLECTION AGENCIES. 
 
 delegation of authority by. 50, 116. 
 
 COLLEGES. 
 
 charitable trusts for. 63, 258, 261. 
 
 COLLISION. 
 
 demurrage for vessel injured by.' 30, 
 
 639. 
 on highways, burden of proving. 48, 371, 
 
 373. 
 
 COLLUSION. 
 
 as ground for relief from judgments. 
 
 54, 252. 
 in sales under chattel mortgage. 16, 
 
 499. 
 vacating judgments for. 60, 650, 651. 
 
 COLOR. 
 
 colored children, rights of, to attend 
 
 school. 65, 335-337. 
 discrimination on account of, by carrier. 
 
 11, 651. 
 
 COLOR OF TITLE. 
 
 in adverse possession. , 88, 701-729. 
 
 See Adverse Possession, 
 to state and public lands. 76, 483, 484, 
 
 490-492. 
 which will support claim for betterments. 
 
 81, 171-173. 
 
 COMMERCE. 
 
 I. Power to Regulate Interstate Com- 
 merce. 
 II. Subjects of Re^-nlation. 
 III. Methods of Regulation. 
 
 I, PoTver to Regulate Interstate Com- 
 merce. 
 
 Interstate commerce. 
 
 acts connected with, when may be made 
 
 criminal. 78, 251, 252. 
 commerce, termination of right of sub- 
 jects of, to proteetioi>,. 27, 552, 553. 
 commerce, what is. 27, 551, 552. 
 commerce, when begins, so as to protect 
 
 subjects of. 27, 552. 
 common carriers, state regulations for 
 
 the observance of. 27, 567, 568. 
 concurrent authority of Congress and 
 
 the state legislatures. 27, 547-551. 
 constitutionality of state- regulation of. 
 
 27, 547-568. 
 constitutional provisions relating to. 27, 
 
 547. 
 
C!ommercial Agencies 
 
 INDEX-DIGEST TO NOTES. 
 
 42 
 
 Interstate commerce — Continued. 
 
 health, regulations to secure and protect. 
 27, 566. 
 
 inspection laws, power of state to pass. 
 27, 565, -566. 
 
 intoxicating liquors, power to regulate. 
 27, 568. 
 
 navigation, state regulation of, when 
 prohibited. 27, 549-554. 
 
 police power, exercise of, as affecting in- 
 terstate commerce. 27, 564-568. 
 
 quarantine laws, power of state to en- 
 act. 27, 567. 
 
 state regulation of. 27, 547-568. 
 
 Sunday, regulation compelling observ- 
 ance of, not interfere with interstate 
 commerce. 29, 713-716. 
 
 within the state, power of state to regu- 
 late. 27, 568. 
 
 II, Subjects of Regulation. 
 
 Interstate commerce. 
 
 common carriers, regulation of. 27, 558, 
 559, 567. 
 
 corporations, regulation of. 27, 564. 
 
 ferries, regulation of. 27, '555. 
 
 fisheries, regulation of, whether a regula- 
 tion of commerce. 23, 837. 
 
 intoxicating liquors, forbidding the manu- 
 facture or sale of. 27, 568. 
 
 navigation, state regulation of. 27, 554- 
 557. 
 
 new subjects and instrumentalities of. 
 27, 551. 
 
 oleomargarine, right of state to regulate 
 the manufacture or sale of, when 
 brought from another state. 85, 402, 
 403. 
 
 original packages. 27, 553, 554. 
 
 peddlers, regulation of. 27, 560. 
 
 rivers, improvements in, power over. 27, 
 555. 
 
 rivers, obstruction of, regulation of. 27, 
 554, 555. 
 
 telegraph companies, regulation of. 27, 
 559. 
 
 telegraph companies, taxing business of. 
 27, 559. 
 
 telephone companies, regulation of.' 27, 
 549, 559. 
 
 wharfage fees. 27, 555, 556. 
 
 III. Metliods of Regnlation. 
 
 Interstate commerce. 
 
 common carriers, regulation of charges 
 of. 27, 558, 559. 
 
 corporations, exclusion from state, power. 
 27, -564. 
 
 discriminations in favor of products or 
 manufactures of a state. 27, 557, 558. 
 
 intoxicating liquors, forbidding the man- 
 ufacture and sale of. 27, 568. 
 
 license fee exacted of interstate com- 
 merce, is invalid. 27, 563. 
 
 licenses which a state may exact. 27, 
 561-563. 
 
 licenses which discriminate in favor of 
 state products are invalid. 27, 563. 
 
 peddlers, taxing sales of. 27, 560. 
 
 pilots and their charges. 27, 557. 
 
 regulation under guise of quarantine 
 regulations. 47, 537, 538. 
 
 Interstate commerce — Continued. 
 
 restrictions upon transportation. 27, 
 
 558. 
 rivers, improvements in, charging tolls 
 
 for use of. 27, 553. 
 taxation of property used in interstate 
 
 commerce. 62, 474, 475. 
 taxes on subjects of commerce. 27, 559- 
 
 563. 
 taxes, when may be levied on subjects 
 
 or instrumentalities of commerce. 27, 
 
 559, 560. 
 tonnage, what forbidden as a charge 
 
 upon. 27, 556, 557. 
 wharfage fees. 27, 555, 556. 
 
 COMMERCIAL AGENCIES. 
 
 libel by.' To, 348. 
 
 misrepresentation of financial standing 
 
 to, liability to third person for. 85, 
 
 383-385. 
 
 COMIMERCIAL TRAVELERS. 
 
 are not laborers. 58, 308. 
 
 COMMISSION. 
 
 agreement to pay, when usurious. 46, 
 
 179, 195-197. 
 brokers, when entitled to. 28, 546-548. 
 of real estate agents. 12, 589, 590. 
 
 COMMON LA'W. 
 
 antenuptial contracts between husband 
 
 and wife were extinguished on mar- 
 riage. 73, 898. 
 arrest without a warrant at. 84, 682. 
 certiorari, writ of, use at. 40, 29, 30. 
 change of street grade, liability for, at 
 
 common law. 30, 835, 836. 
 common-law marriage, what is. 79, 361- 
 
 364. 
 consideration need not be expressed in 
 
 contract at. 60, 432. 
 contracts between husband and wife not 
 
 valid at. 58, 492. 
 crime of kidnaping at. 4, 447, 448. 
 dissolution of corporations, effect of, at. 
 
 7, 717. 
 dogs, property rights in. 67, 288, 289. 
 executor no title to real estate at. 52, 
 
 119. 
 executors, common-law powers of. See 
 
 Executors and Administrators, 
 husband and wife not contract with one 
 
 another at. 73, 268. 
 husband and wife not sue each other at. 
 
 73, 268. ' 
 landlord's duty at, to restore destroyed 
 
 building. 38, 482. 
 larceny of dogs at.' 67, 290. 
 mortgages at, nature of. 7, 31-34. 
 mortgage, nature of at. 55, 100. 
 mortgagee's rights at. 27, 794. 
 no action for death of human being at. 
 
 70, 670. 
 no liability of stockholders to corporate 
 
 creditors at. 3, 806, 834, 835. 
 powers of guardians at. 89, 257-316. 
 rule at, as to married women as partners. 
 
 31, 934. 
 
43 
 
 INDEX-DIGEST TO NOTES. 
 
 Conflict of Laws 
 
 Common lau- — Continued. 
 
 rule as to place where crime is commit- 
 ted. 44, 79-82. 
 
 testimony of physician not privileged at. 
 17, 565. 
 
 wagers, rules respecting. 37, 698-700. 
 
 COMMUNITY PROPERTY. 
 
 conflict of laws as to rights of married 
 
 women in. 85, 564-566. 
 homestead in. 21, 28, 29. 
 
 See Husband and Wife. 
 
 COMPENSATION. 
 
 in condemnation proceedings. 22, 49-52. 
 
 of attorneys. 16, 592, 593. 
 
 of partners after dissolution. 40, 570, 
 571. ' 
 
 of subagents. 50, 120. 
 
 to abutting land owner for right to con- 
 struct railway in streets. 25, 478, 479. 
 
 COMPETITION. 
 
 contracts stifling, and creating monop- 
 olies. 74, 235-278. 
 
 COMPROMISE. 
 
 by partners after dissolution. 40, 564. 
 disregarding as ground for relief from 
 
 judgment. 54, 238. 
 effect of, on attorney's lien. 51, 261- 
 
 265, 276. 
 ignorance will not avoid. 55, 497, 507. 
 of debt due ward. 89, 290, 291. 
 of infants. 18, 618, 619. 
 
 COMPUTATION. 
 
 of time. 78, 372-386. 
 
 CONCEALMENT. 
 
 as ground for relief from judgment. 54, 
 
 233. 
 not a false pretense. 25, 383. 
 
 CONDEMNATION. 
 
 of land for public purpose. 22, 49-52. 
 of land. See Eminent Domain. 
 
 CONDITIONAL SALES. 
 
 as eqvitable mortgage. 4, 699, 700. 
 form and validity of. 1, 63, (^4. 
 purchase from vendee under. 3, 198, 199. 
 
 See Sale, 
 what constitutes. 46, 295-298. 
 
 CONDITIONS. 
 
 against assignment of lease, breach of. 
 10, 558. 
 
 in appeal bond, action for breach of. 38, 
 713, 714. 
 
 in deeds. 70, 833. 
 
 in insurance policy, breach by mort- 
 gagor, effect on mortgagee. 58, 667- 
 673. 
 
 in restraint of marriage, validity of. 
 84, 147-152. 
 
 on railroad tickets, whether bind passen- 
 ger if unsigned.' 84, 397-408. 
 
 precedent and subsequent, effect on con- 
 tracts. 70, 829-837. 
 
 Conditions — Continued. 
 
 precedent, in municipal bonds. 51, 839. 
 
 See Sales, 
 subsequent, what words create. 79, 
 
 747-769. 
 subsequent, whether violate rule against 
 perpetuities. 49, 134-136. 
 
 CONDUCTOR. 
 
 railroads, liability of, for acts of. 54, 
 80, 86. 
 
 CONFESSIONS. 
 
 admissibility of, in evidence. 73 942- 
 
 946. 
 of criminal, admissibility in evidence of. 
 
 6, 242-251. 
 
 See Criminal Law. 
 under oath, when admissible in evidence. 
 
 41, 522-524. 
 
 CONFIRMATION. 
 
 of commissioner's report concerning par- 
 tition of decedents' estates. 41, 149, 
 150. 
 
 of judicial sales. 29, 495-499; 52, 177. 
 
 CONFLICT OF LAWS. 
 
 action in one state to enforce cause of 
 action created by statute of another 
 state. 14, 350-355. 
 
 action for wrongfully causing death in 
 another state. 14, 353, 354. , 
 
 action where liability imposed by foreign 
 statute is in nature of a penalty. 14, 
 352, 353. 
 
 as affecting assignment of life insurance 
 policy. 87, 513, 514. 
 
 as affecting succession to decedents' es- 
 tates. 12, 95, 96. 
 
 as to measure of damages. 91, 714-743. 
 
 as to usury. 46, 201. 
 
 as to validity of marriage contract. 60, 
 941-947. 
 
 between state and national grants of 
 lands beneath navigable waters.' 33, 
 292. 
 
 concerning married women. 46, 448-457. 
 
 contribution among sureties not gov- 
 erned by lex loci contractus. 10, 640. 
 
 enforcement of contracts outside juris- 
 diction where made. 55, 774-778. 
 
 exemption laws, extraterritorial effect 
 of. 19, 145-149. 
 
 in respect to validitv of marriages. 79, 
 364. 
 
 married women, rights and obligations 
 of, as affected by.' 85, 552-578. 
 
 proof of law of state where cause of ac- 
 tion arose. 14, 354, 355. 
 
 regarding carrier's right to limit his 
 liability. 88, 125-129. 
 
 respecting assignments for the benefit 
 of creditors. 58, 92. 
 
 respecting guaranty of collection. 64, 
 399. 
 
 respecting investment of ward's estate 
 by guardian. 89, 297. 
 
 respecting nuncupative wills. 67, 574. 
 
 respecting rule against perpetuities. 49, 
 124, 125. 
 
Congress 
 
 INDEX-DIGEST TO NOTES. 
 
 44 
 
 Conflict of laws — Continued. 
 
 respecting suicide as a defeBse to life 
 insurance. 84, 555. 
 
 statutory liability of stockholders, en- 
 forcing outside of state. 3, 868, 869. 
 
 CONGRESS. 
 
 contract of attorney to attend claim be- 
 fore. 13, 298. 
 
 power of, over interstate commerce. 27, 
 ■547-550. 
 
 power of, over quarantine. 47, 533, 534. 
 See States. 
 
 CONNECTING CARRIERS. 
 
 express companies limiting liability for 
 
 goods shipped over. 61, 371. 
 livestock, duties or, as to. 63, 564, 565. 
 
 CONSENT. 
 
 age of, rape on child under. 16', 30. 
 
 as a defense to crime. 72, 700-705. 
 
 in kidnaping. 4, 4-18, 449. 
 
 in larceny, of owner of property. 88, 
 597-599. 
 
 of ancestor to assignment of heir's ex- 
 pectancy, when necessary. 56, 350. 
 
 of grantee to delivery of deed is essen- 
 tial. 53, 544. 
 
 of grantor to delivery of deed is essen- 
 tial. 53, 538, 539. 
 
 to commission of burglary. 2, 387. 
 
 CONSIDERATION. 
 
 antecedent debt as, for note. 1, 136. 
 
 for contract limiting carrier's liability. 
 88, 88-90. 
 
 for contract of guaranty. 64, 401. 
 
 "for value received" is a sufficient 
 statement of. 60, 438. 
 
 fictitious, statement of, satisfies the stat- 
 utes of frauds. 60, 438. 
 
 in deeds of gift.' 65, 798-801. 
 
 meritorious, for voluntary trust. 34, 191- 
 193. 
 
 moral obligation as. 39, 735-746. 
 
 new, ratification of infant's contract not 
 require. 18, 706. 
 
 of contract for benefit of third person. 
 39, 532; 71, 176, 177, 179. 
 
 of contract need not have been ex- 
 pressed at the common law. 60, 432. 
 
 of contract need not be truly expressed. 
 60, 438. 
 
 of contract not within the statute oi 
 frauds need not be expressed. 60, 
 432. 
 
 of conveyance from husband to wife, as 
 affecting validity of. 90, 514-543. 
 
 of writing under seal need not be ex- 
 pressed. 60, 432. 
 
 restoring, after disaffirmance of infant's 
 contract. 18, 683-694. 
 
 ratification of infant's contract hx ac- 
 cepting. 18, 715. 
 
 statute of frauds, instances of state- 
 ments of sufficient to satisfy. 60, 438. 
 
 stipulations exacted without, from ship- 
 pers by carriers. 13, 784. 
 
 to support parol change of contract. 56, 
 664. 
 
 unreasonableness of, for a contract, 
 whether a defense. 81, 664, 665. 
 
 Consideration — Continued. 
 
 when must be expressed and sufficient 
 expression. 60, 432-441. 
 
 CONSIGNMENT. 
 
 how differ from sale. 45, 206. 
 
 of goods for sale, when vests titl". 45, 
 
 . 203-210. ; 
 
 CONSOUDATION. 
 
 of corporations. 89, 604-656. 
 
 See Corporations, 
 of corporations, effect upon pre-existing 
 
 liabilities. 59, 550, 551. 
 of municipalities, effect on prohibited 
 
 indebtedness. 44, 241. 
 of railroads. 59, 554-560. 
 
 CONSPIRACY. 
 
 Criminal conspiracy. 
 
 acquaintance of parties, necessity for. 
 
 3, 980. 
 act and declaration of co-conspirators. 
 
 3, 487-489. 
 actual agreement to conspire not re- 
 quired. 3, 476. 
 agreement to commit conspiracy. 3, 
 
 475-477. 
 assembling and drilling men as evidence 
 
 of conspiracy. 3, 486, 487. 
 character and nature of conspiracy. 3, 
 
 475. 
 concurrence of several persons, necessity 
 
 for. 3, 475. 
 conspiracy defined. 3, 474, 475. 
 contents of handbills as evidence of con- 
 spiracy. 3, 486. 
 criminal conspiracy. 3, 474-492. 
 direct proof of conspiracy not required. 
 
 3, 482, 483. 
 effect of acquittal of one where two are 
 
 indicted. 3, 492. 
 evidence of conspiracy. 3, 482. 
 evidence of speeches in conspiracy. 3, 
 
 485. 
 express or implied agreement to conspire. 
 
 3; 476. 
 general averments in indictment. 3, 480. 
 guilt of one, guilt of all. 3, 477-479. 
 identity of person doing act. 3, 480. 
 imperfect averments in indictment. .3, 
 
 481. 
 indictment against one conspirator in 
 
 conspiracy. 3, 482. 
 indictment for. 3, 480-482. 
 indictment to set out means by which 
 
 object is accomplished, necessity for. 
 
 3, 481, 482. 
 influence of the act upon society. 3, 475. 
 inscriptions and devices on banners and 
 
 flags as evidence in conspiracy. 3, 485. 
 instructions in conspiracy. 3, 490. 
 judgment in conspiracy. 3, 492. 
 letters and telegrams as evidence of con- 
 spiracy. 3, 484, 485. 
 manner of doing act. 3, 480. 
 malice as an element. 3, 477-479. 
 matters of defense in conspiracy.' 3, 491. 
 means employed. 3, 480. 
 meeting together of parties, necessity 
 
 for. 3, 480. 
 merger in conspiracy. 3, 491. 
 
45 
 
 INDEX-DIGBST TO NOTES. 
 
 Constitutional Law 
 
 Criminal conspiracy — Continued. 
 
 merger of, in felony. 5, 900, 901. 
 
 must be more than one party to con- 
 spire. 3, 476. 
 
 order of proof in conspiracy. 3, 489, 490. 
 
 overt act, averments of, in indictment. 
 3, 480, 481. 
 
 parties presumed to understand conse- 
 quence. 3, 479. 
 
 party may be guilty though not partici- 
 pate in inception. 3, 476, 477. 
 
 performance of act of conspiracy. 3, 
 477-480. 
 
 place where committed. 44, 82. 
 
 personal in newspapers as evidence of 
 conspiracy. 3, 485. 
 
 presence at consummation of conspiracy. 
 3, 477. 
 
 presumptions as to conspiracy. 3, 483. 
 
 printed placards and publications as evi- 
 dence of conspiracy. 3, 486. 
 
 prior agreement to conspire. 3, 475, 476. 
 
 proof of object of conspiracy. 3, 483. 
 
 proof of overt act. 3, 483. 
 
 proof of, similar conspiracies. 3, 487. 
 
 proof of time when conspiracies was 
 formed.' 3, 484. 
 
 purpose of conspiracy. 3, 479. 
 
 resolutions passed at meetings as evi- 
 dence of conspiracy. 3, 486. 
 
 separate trials for conspirators. 3, 491. 
 
 sufficient evidence to establish conspir- 
 acy. 3, 490. 
 
 to injure trade ana commerce. 78, 243. 
 
 venue in conspiracy where laid. 3, 482. 
 
 what constitutes indictable conspiracy. 
 3, 475. 
 
 whether conspiracy must be proved first. 
 3, 489, 490. 
 
 CONSTITUTIONAL LAW. 
 
 I. Aniendments. 
 II. Enforcement. 
 
 III. Leglslattve Enactments. 
 
 IV. Police PoTver. 
 V. Personal Riglits. 
 
 VI. Obligation of Contracts. 
 
 VII. Ex Post Facto Laws. 
 
 VIII. Class L,egrl»latlon. 
 
 IX. Dne Process of Law. 
 
 I. Amendments. 
 
 amendments, entering in journals of legis- 
 lature. 1, 21, 22. 
 
 II. Enforcement. 
 
 prohibiting provisions are self- executing. 
 8, 416, 417. 
 
 self- executing prohibitions against munici- 
 pal indebtedness. 44, 242. 
 
 III. Legislative Enactments. 
 
 apportionment laws, construction of con- 
 stitutional provisions regarding. 35, 
 
 CI, 66. ^. ^. 
 
 apportionment laws, judicial investigation 
 of constitutionality of. 35, 62-67. 
 
 code amendments and revisions, constitu- 
 tionality of. 86, 267-279. 
 
 Constitutional la ir — Continued. 
 
 constitutional provisions relating to 
 power of appointment to ofBce. 13, 125, 
 126. 
 
 construction of state officers, when bind- 
 ing on the courts. 55, 372. 
 
 statutes, title must embrace but one sub- 
 ject, and Avhat may be included. 79, 
 456-486. 
 
 title of statutes, constitutional provisions 
 relating to. 64, 70-72. 
 
 IV. Police POT»'er. 
 
 Police power. 
 
 constitutional rights not be impaired by 
 exercise of. 1, 645. 
 
 cotton in the seed, regulating sale of. 1, 
 649. 
 
 fourteenth amendment, does not destroy 
 or impair the police powers of the 
 states. 62, 169, 172. 
 
 gambling, laws forbidding are valid. 66, 
 334. 
 
 interstate commerce, state police power as 
 affecting. 27, 564-568. 
 
 intoxicating liquors, prohibiting sale of. 
 1, 645. 
 
 lotteries, charters granting right to main- 
 tain may be repealed. 66, 334. 
 
 lotteries, privilege of conducting may be 
 withdrawn. 66, 333. 
 
 lotteries, state cannot contract away its 
 right to prohibit. 66, 334. 
 
 manufacture of cigars in tenement 
 
 ' houses, regulating. 1, 650. 
 
 milk, regulating sale of. 1, 649. 
 
 oleomargarine, prohibiting manufacture 
 and sale of. 1, 645-649. 
 
 oleomargarine, regulation of, when im- 
 ported. 35, 402, 403. 
 
 oleomargarine, right of state to regulate 
 the domestic product. 85, 400-402. 
 
 oleomargarine, right of state to regulate 
 the manufacture and sale of. 85, 400- 
 403. 
 
 opium, regulating sale of. 1, 649. 
 
 patented articles, regulating sale of. 1, 
 650. 
 
 power to regulate or prohibit the sale 
 or manufacture of articles. 1, 644-650. 
 
 police power, definition of. 78, 236. 
 
 poTice power, subjects of. 78, 236. 
 
 protection of game is within. 4:2, 138. 
 
 quarantine and health laws and regula- 
 tions. 47, 533-552. 
 
 right of states to regulate charges of car- 
 riers. 15, 483-493. 
 
 sale of articles near campi-meeting, regu- 
 lation of. 1, 650. 
 
 statutes regulating sale of adulterated or 
 imitation food. 10, 423, 424. 
 
 warehouses, public, are subject to state 
 regulation. 62, 290. 
 
 Public use. 
 
 charges, powers of state to regulate. 62, 
 
 290. 
 common carriers are employed in. 62, 
 
 290. 
 discrimination, power of state to prevent. 
 
 62, 290. 
 fraud in fixing rates of charges for. 62, 
 
 295. 
 
Constitutional Law 
 
 INDEX-DIGEST TO NOTES. 
 
 46 
 
 PuMic use — Continued. 
 
 gas companies are employed in. 62, 290. 
 grain elevatons used in are subject to 
 
 state regulation. 62, 290. ' 
 public wharves are employed in. 62, 290. 
 rates of charges, adequacy of. 62, 298, 
 
 299. 
 rates of charges must afford some net 
 
 profit. 62, 297, 298. 
 rates of charges must be reasonable. 62, 
 
 296. 
 rates of charges, what amount of profits 
 
 should produce. 62, 299-303. 
 regulation of by the state.' 62, 291. 
 stockyard companies are employed in. 
 
 62, 291. 
 street railways employed in are subject 
 
 to state regulation. 62, 290. 
 telephones and telegraphs are employed 
 
 in. 62, 290. 
 theaters and other places of public 
 ' amusement are employed in. 62, 290. 
 
 V. Personal Rights. 
 
 accused, right of, to be confronted with 
 witnesses against him. 61, 876-892. 
 
 compensation for property damaged by 
 by change of street grade. 30, 837-840. 
 
 imprisonment for debt, statutes which 
 violate constitutional provision against. 
 37, 758-765. 
 
 labor on highways, statutes exacting are 
 constitutional. 74, 667. 
 
 liberty of the press, does not deprive 
 courts of the power to punish for con- 
 tempt. 50, 578, 579.. 
 
 physical examination, statutes authoriz- 
 ing are constitutional. 68, 246. 
 
 privilege of witnesses as to criminating 
 testimony. 75, 320-322. 
 
 property, right to acquire and retain un- 
 der fourteenth amendment. 25, 876. 
 
 public trial, constitution guaranteeing. 
 28, 308. 
 
 sectarian schools, reading bible in. 8, 
 412. 
 
 sectarian schools, provisions against. 8, 
 411-414. 
 
 sectarian schools, taxes cannot be levied 
 for support of. 8, 412. 
 
 speedy trial, right of accused to. 85, 188. 
 
 VI. Obligation of Contracts. 
 
 conti^ct between state and municipality 
 cannot be impaired. 35, 531-533. 
 
 employers and employes, special statutes 
 impairing their right to contract with 
 each other. 62, 176-180. 
 
 limitation on amount of municipal in- 
 debtedness. 45, 258-260. 
 
 obligation of contracts, redemption, stat- 
 utes extending or granting time for. 
 54, 808-811. 
 
 prohibitions against municipal indebted- 
 ness. 44, 229-243. 
 
 VII. Ex Post Facto La-rrs. 
 
 acts innocent when done, effect on, of. 
 
 37, 584, 585. 
 aggravating a crime, act, as. 37, 587-589. 
 amendatory statutes as, effect of." 37, 
 
 585, 586. 
 changing penalty, act, as. 37, 587-589. 
 
 Constitutional law — Continued. 
 
 civil rights and proceedings, effect on, of. 
 
 37, 584. 
 constitution of United States, provision 
 
 in. 37, 582. 
 definitions of. 37, 582-584. 
 evidence, act changing rules of, as. 37, 
 
 594. 
 heavier penalty for second offense, con- 
 stitutionality of statutes imposing. 64, 
 
 378-382. 
 penalty, act changing, as. 37, 587-589. 
 procedure, act changing, as, 37, 594-596. 
 punishment, what is, within meaning of. 
 
 37, 590-594. 
 repealed statutes, revival of, as. 37, 586. 
 revival of repealed statutes as, effect of. 
 
 37, 586. 
 rules concerning. 37, 582-596. 
 second offense, act increasing punishment 
 
 for, as. 37, 589, 590. 
 statute of limitations, removing defense 
 
 of, as. 37, 586, 587. 
 
 VIII. Class liegislatlon. 
 
 Class legislation. i 
 
 attorney's fees, special laws subjecting 
 corporations to. 62, 172, 173. 
 
 civil service laws, constitutionality of. 
 79, 560-564. 
 
 class legislation respecting attorneys' 
 fees. 62, 174. 
 
 corporations not entitled to all the privi- 
 leges and immunities of citizens. 62, 
 167. 
 
 discrimination in favor of one citizen to 
 the detriment of another. 23, 25-28. 
 
 hours of labor, special statutes limiting. 
 62, 181. 
 
 public ofScers, statutes requiring appoint- 
 ment of veterans. 55, 369, 370. 
 
 public officers, statutes restricting ap- 
 pointment to members of a political 
 party. 55, 370, 371. 
 
 railways, special legislation concerning. 
 62, 169-173. 
 
 Fourteenth amendment. 
 
 arbitrary restrictions, what are forbidden 
 
 by. 25, 880. 
 business, restrictions upon, which are pro- 
 hibited by. 25, 878-880. 
 burdens and restrictions of, founded on 
 
 race. 25, 875, 876. 
 carriers, charges by, whether may be 
 
 fixed notwithstanding. 25, 888. 
 charges by carriers and others, fixing of 
 
 by state, not prohibited. 25, 888. 
 contracts between employer and employ^, 
 
 statutes regulating, whether forbidden 
 
 by. 25, 881. 
 contracts, liberty of making, how affected 
 
 by. 25, 881. 
 corporations, to what extent protected 
 
 by. 25, 873, 874. 
 courts required to be open to all by. 
 
 25, 877. ^ 
 
 crimes, punishment of, discrimination in. 
 
 25, 885. 
 effect of, must be considered in connec- 
 tion with police power. 25, 882. 
 employing of persons in any lawful 
 
 calling cannot be prohibited by. 25. 
 
 879. ' ' 
 
47 
 
 INDEX-DIGEST TO NOTES. 
 
 Contempt 
 
 Fourteenth amendment — Continued. 
 
 extrinsic evidence not show that statute 
 
 is in violation of. 25, 884. 
 fire limits may be fixed notwithstanding. 
 
 25, 889. 
 first section of the amendment.' 25,, 870. 
 fourteenth amendment and its applica- 
 tion. 23, 27. 
 fourteenth amendment, corporations are 
 protected by. 168. 
 
 fourteenth amendment with relation to 
 special privileges, burdens and restric- 
 tions. 25, 870-890. 
 
 fraud, restrictions to prevent the imposi- 
 tion of. 25, 888. 
 
 general scope of. 25, 876, 877. 
 
 health, safety and morals of public, regu- 
 lations concerning, not prohibited by. 
 25, 889. 
 
 intoxicating liquors, statutes regulating 
 not prohibted by. 25, 890. 
 
 judicial proceedings, uniformity in, not 
 exacted by. 25, 886. 
 
 juries, colored persons, exclusion from, 
 is prohibited by. 25, 878. 
 
 liberty of person under. 25, 876. 
 
 license taxes not forbidden by.' 25, 886. 
 
 local and special legislation, when not 
 prohibited by. 25, 883-885. 
 
 markets may be established and regulated 
 notwithstanding. 25, 887. 
 
 medicine and dentistry, statutes regu- 
 lating, not prohibited by. 25, 890. 
 
 police power of state not impaired by. 
 25, 882, 883. 
 
 privileges and immunities of citizens, 
 how affected by. 25, 872. 
 
 procedure of courts must be same for all 
 persons. 25, 877. 
 
 property, restrictions upon acquisition of. 
 25, 876. 
 
 property, right to acquire and retain un- 
 der. 25, 876. 
 
 purpose of, original.' 25, 871, 872. 
 
 race, burdens and restrictions on account 
 of, are forbidden by. 25, 875, 876. 
 
 retrospective effect of. 25, 874, 875. 
 
 schools, public, equal facilities must be 
 extended to all. 25, 875. 
 
 special privileges under. 25, 877, 878. 
 
 taxation, state power of, not impaired 
 by. 25, 885. 
 
 taxation, uniformity and equality not re- 
 quired by. 25, 886. 
 
 who are protected by. 25, 872, 873. 
 
 IX. Due Process of Law. 
 
 criminal proceeding by information is. 
 
 20, 555, 556. 
 definition of. 20, 554. 
 disbar attorney, proceedings to, are. 20, 
 
 5o6. 
 due process of law as applied to insane 
 
 persons. 43, 531-541. 
 not confined to judical proceedings. 20, 
 
 554. 
 nuisance, proceeding to abate, is. 20, 
 
 556. 
 statutes depriving persons of, instances 
 
 of. 20, 556-558. 
 statutes general in operation are. 20, 
 
 556. 
 
 Constitutional late — Continued. 
 
 statutes not depriving persons of, in- 
 stances of. 20, 558, 559. 
 
 summary proceedings as to impounding 
 and sale of animals as.' 90, 211-220. 
 
 taking property without compensation, 
 pollution of streams as. 84, 924-926. 
 
 taking property without due compensa- 
 tion under eminent domain, restrictions 
 on. 88, 927-930. 
 
 tax proceedings are. 20, '554, 555. 
 
 CONTAGION. 
 
 liability for exposing human being to. 
 47, 552. 
 
 CONTEMPT. 
 I, Acts Constitutiugf Contempt. 
 II. Proceetlinss In Contempt. 
 III. Punishment. 
 
 I. Act Constituting Contempt. 
 
 by libelous newspaper publications. 50, 
 572-585. 
 
 by newspaper publications, classification 
 of. 50, 574. 
 
 by newspaper publications, legislature 
 cannot deprive courts of the power to 
 punish. 50, 574. 
 
 by newspaper publications, though con- 
 structive, are punishable. 50, 573, 574. 
 
 by publications denouncing the parties 
 or the witnesses in a cause. 50, 574, 
 575. 
 
 by publications respecting the jurors and 
 officers of the court. '50, 575. 
 
 by publications seeking to bias the pub- 
 lie mind. 50, 574. 
 
 by publishing false reports of judicial 
 proceedings. 50, 576. 
 
 by reflections upon the grand jury. 50, 
 575. 
 
 charging judges with bribery. 50, 577. 
 
 committed by attorneys. 2, 853. 
 
 judges, libels upon which do not relate 
 to their official acts. 50, 584. 
 
 liberty of the press, constitutional guar- 
 anties of do not deprive courts of the 
 power to punish. 50, 578, '579. 
 
 newspaper publications of which the pub- 
 lisher had no previous knowledge. 50, 
 584. 
 
 II. Proceedings in Contempt. 
 
 appeal from judgment punishing for. 22, 
 417-420. 
 
 certiorari to review judgment. 22, 420, 
 421. 
 
 certiorari in contempt cases. 40, 36. 
 
 habeas corpus to obtain discharge from 
 imprisonment under.' 22, 422. 
 
 injunction to prevent punishment for. 
 22, 425. 
 
 pardon of person guilty of. 22, 425. 
 
 relief of party convicted of contempt. 
 22, 417-426. 
 
 review of judgment punishing for con- 
 tempt. 22, 417, 418. 
 
 III. Pnnislimenl. 
 
 contempt as ground of disbarment of at- 
 torney. 45, 74, 83. 
 
Contingent 
 
 INDEX-DIGEST TO NOTES. 
 
 48 
 
 Contempt — Continued. 
 
 imprisonment for, when reviewable on 
 
 liabeas corpus. 87, 179-184. 
 imprisonment until fine is paid. 12, 202- 
 
 204. 
 presumptions that courts possessed power 
 
 to punish. 50, 578. 
 punishment for, not within prohibition 
 
 against imprisonment for debt. 37, 
 
 763, 764. 
 
 CONTINGENT. 
 
 fees of attorneys, agreements for. 16, 
 593. 
 
 legacies. 10, 477-479. 
 
 liability of stockholders for corporate 
 debts.' 3, 840, 841. 
 
 remainders, how barred, defeated or con- 
 veyed. 17, 839-843. 
 
 remainders. See Remainders. 
 
 CONTRACTORS. 
 
 are not laborers. 58, 304, 308. 
 
 failure to complete building, effect on 
 
 mechanic's lien. 43, 903, 904. 
 liability for negligence in repairing 
 
 streets. 17, 735. 
 municipal liability for acts of. 30, 411- 
 
 413. 
 when a servant of his employer.' 22, 460- 
 
 463. 
 
 CONTRACTS. 
 
 I. 
 II. 
 
 Reanlsltes and Validity. 
 Construction. 
 III. Modification. 
 IV. Rescission. 
 
 V. Performance or Breach. 
 VI. Actions. 
 
 I, Reqinisites and Validity. 
 
 Consideration. 
 
 agreement to pay antenuptial debt of 
 wife as. 39, 744. 
 
 debt contracted during coverture, prom- 
 ise of widow to pay, as. 39, 742, 743. 
 
 English rule as to expression of consid- 
 eration. 60, 433. 
 
 equitable, sufficient. 39, 744. 
 
 expression of, in writing. 60, 432-441. 
 
 inadequacy of, whether of itself a de- 
 fense. 81, 665. 
 
 in contracts for benefit of a third piarty. 
 71, 176, 177, 179. 
 
 moral obligation as, to uphold express 
 promise. 39, 735-746. 
 
 moral obligation, generally, as. 39, 735, 
 736. 
 
 moral obligation to pay for past seduc- 
 tion. 39, 741. 
 
 moral obligation to support illegitimate 
 child. 39, 742. 
 
 nominal, is sufBcient. 39, 744. 
 
 of contract for benefit of third person. 
 39, 532. 
 
 of love, friendship or affection. 39, 736. 
 
 of indemnity contracts. 42, 194. 
 
 past act or transaction not a sufficient. 
 
 ' 39, 740-742. 
 
 past act, where a sufficient. 39, 740-742. 
 
 Consideration — Continued. 
 
 promise to pay after debt barred by 
 limitation. 39, 739, 740. 
 
 promise to pay after debt released as. 
 
 ' 39, 736-739. 
 
 statute of limitation, promise to pay debt 
 barred by, as. 39, 739, 740. 
 
 stipulations without consideration, ex- 
 acted from shipper by carrier. 13, 784. 
 
 sufficiency of, generally. 39, 743-746. 
 
 sufficient expression of consideration. 60, 
 437-440. 
 
 third person from whom it moves may 
 sue. 71, 179. 
 
 United States rule as to expressing con- 
 sideration. 60, 433-437. 
 
 unreasonableness and insufficiency of. 
 81, 664. 
 
 Execution. 
 
 acceptance, place of.. 53, 46. 
 
 delivery, place of, when controls. 55, 47. 
 
 fourteenth amendment as affecting lib- 
 erty of making. 25, 881. 
 
 indemnity contracts, whether within 
 statute of frauds. 42, 186-194. 
 
 seal, when must be under. 50, 151. 
 
 stamps upon, whether essential to valid- 
 ity of. 84, 185-199. 
 
 writing, indemnity contracts, whether 
 must be in. 42, 186-194. 
 
 Parties. 
 
 acceptance by third person, for whose 
 benefit a contract is made. 71, 197. 
 
 between husband and wife. See Hus- 
 band and Wife. 
 
 by agents of undisclosed principals. 55, 
 916-923. 
 
 by partners after dissolution.- 40, 564, 
 565. 
 
 corporation making contract in contem- 
 plation of organization. 13, 28-30. 
 
 directors, capacity to contract with cor- 
 poration. 17, 298-300. 
 
 of insane persons. 71, 425-433. 
 
 privity of third person for whose benefit 
 cottract is made. 71, 188. ' 
 
 third party, whether must be named in 
 contract for his benefit. 71, 197. 
 
 Ratification. 
 
 by illegal agencies. 59, 639. 
 
 by infants. 18, 699-720; 59, 639. 
 
 by married women. 59, 640. 
 
 by municipal corporation of unauthor- 
 ized. 59, 640. 
 
 by municipal corporation, when may take 
 place. 59, 640. 
 
 of forgeries. '59, 641. 
 
 of illegal contracts. 59, 638.. 
 
 of promoters, by corporation. 13, 29. 
 
 of unauthorized contract made by agent. 
 5, 109-114. 
 
 of usurious.' 59, 639. 
 
 of void. 59, 638. 
 
 when made on Sunday. 59, 641-643. 
 
 when procured by fraud. 59, 640. 
 
 Reformation. 
 
 reformation of. 65, 481-522. 
 reformation of. See Reformation of In- 
 struments. 
 
49 
 
 INDEX-DIGEST TO NOTES. 
 
 Contracts 
 
 Validity. 
 
 agreements concerning state's evidence. 
 40, 767-775. 
 
 contracts, in restraint of trade, test of 
 validity of. 74, 238, 239, 246. 
 
 contracts in restrain of trade, to what 
 extent sustainable. 74, 246, 247. 
 
 contracts in restraint of trade, were not 
 criminal by the common law. 74, 236. 
 
 contracts of attorneys void as against 
 public policy- 13, 297-300. 
 
 contrary to good morals or public policy. 
 55, 774. 
 
 for sale of property to be delivered in 
 future. 1, 752-766. 
 
 fraud, effect upon executed and execu- 
 tory. 3, 729-740. 
 
 fraud in, whether inferable as a conclu- 
 sion of law from extortionate char- 
 acter of. 81, 668. 
 
 impossibility of performance, when does 
 not relieve party from his obligation. 
 81, 447. 
 
 in evasion of the laws of a country. 55, 
 774, 776. 
 
 loan for gambling purpose, when not col- 
 lectible. 1, 302, 303. 
 
 marriage contracts, validity of. See 
 Marriage. 
 
 personal, valid where made, when valid 
 elsewhere. 55, 774. 
 
 reasonableness of, for what purposes may 
 be considered. 81, 669. 
 
 ultra vires contracts of corporations. 70, 
 156-180. 
 
 unconscionable contracts. 81, 663-669. 
 
 unconscionable, whether may be refused 
 enforcement. 81, 664-669. 
 
 validity of contract between a corpora- 
 tion and its directors. 17, 300-308. 
 
 validity of contract of employ^ waiving 
 right to recover for personal injuries. 
 3, 25-5-257. 
 
 validity of stipulation in a contract mak- 
 ing a rule of evidence by which courts 
 must be bound in litigation under the 
 contract. 8, 921-924. 
 
 II. Construction. 
 
 Assignment. 
 
 assignability of contracts, restricting. 
 
 88, 201-207. 
 assignment of contract of purchase as 
 
 equitable mortgage.' 4, 703, 704. 
 
 Conditions subsequent. 
 
 "condition," this word is not essential 
 
 to creation of. 79, 749. 
 construction of words does not favor. 
 
 79, 748-750. 
 definition of. 70, 829; 79, 747, 748. 
 illustrations of. 79, 765, 766. 
 impossibility of performance of does not 
 
 avoid the effect of nonperformance. 
 
 70, 829, 832. 
 impossibility of performance relieves 
 
 from necessity of. 70, 829, 830. 
 in deeds, impossibility of performance. 
 
 70, 833. 
 maintenance and support, conveyances in 
 
 consideration of are not upon. 79, 763, 
 
 764. 
 
 Index-Digest — 4 
 
 Conditions subsequent — Continued. 
 
 provisos, when create. 79, 766,767. 
 railways, grants to, when deemed to be 
 
 upon. 79, 759, 760. 
 reservation of right of re-entry is not 
 
 essential to create. 79, 753. 
 restriction of the use of property to a 
 particular purpose does not create. 79, 
 753, 754. 
 strict construction of. 70, 830. 
 whether precedent or subsequent. 70, 
 
 832. 
 words essential to create. 79, 748. 
 Construction of contracts, generally. 
 
 contract liability of stockholder for cor- 
 poration debt.' 3, 846, 847. 
 effect of stipulations seeking to regulate 
 the admission and force of evidence. 
 8, 921-924. 
 estoppel of married women by. 57, 180. 
 fixing value of article shipped by car- 
 rier. 23, 594-597. 
 for permanent employment. 51, 301, 302. 
 limiting liability of carrier. 5, 719-729. 
 of marriage, representations in. 44, 381- 
 
 387. ' 
 of reinsurance. 45, 442. 
 repugnant clause in deeds. 60, 94. 
 repugnant clauses, the first controls. 60, 
 
 93. ' 
 repugnant parts, preference given to 
 written rather than to printed words 
 of. 60, 96. 
 to forbear to sue, effect of.' 36, 145-149. 
 to submit to arbitration. 2, 566-571. 
 wills in the form of. 89, 493. 
 Construction as to parties. 
 
 between municipalities and states cannot 
 
 be impaired. 35, '531-533. 
 by parent for benefit of child. 39, 533. 
 by seamen, nature of. 31, 803, 804. 
 for benefit of third person. 39, 531-535. 
 for benefit of third person, consideration 
 
 for. 39, 532. 
 for benefit of third person, rescission of. 
 
 39, 535. 
 for benefit of third person, who may sue 
 
 on. 39, 531. 
 intent that third person shall sue on con- 
 tract for his benefit. 71, 192. 
 of carriers of livestock, limiting liability. 
 
 63, 565, 566. 
 of guardians. 89, 282-286. 
 of infants. 18, 573-724. 
 of principal, effect upon surety of altera- 
 tion of. 6, 458-460. 
 of promoters, whether binding upon cor- 
 poration. 17, 161. 
 of promoters with corporation. 17, 164- 
 
 166. ' 
 of trustees, effect of. 19, 67. 
 of ward. 89, 286, 287. 
 repugnant recitals, effect of. 60, 94. 
 ' third person, in favor of. 39, 531-535. 
 with spiritualistic mediums. 1, 88. 
 Contracts for public work. 
 
 certiorari to set aside award of. 50, 495. 
 injunction to restrain award of. 50, 494, 
 
 496. 
 lowest bidder, statutes requiring letting 
 to are mandatory. 50, 490. 
 
Contracts 
 
 INDEX-DIGEST TO NOTES. 
 
 m 
 
 Contracts for public work — Continued. 
 
 lowest bid, failure to accept.' 50, 492. 
 lowest bidder, remedies when his bid is 
 rejected. 50, 494-496. 
 
 Place of contract. 
 
 place of acceptance, when controls. 55, 
 
 46. 
 place of, agreements fixing, validity of. 
 
 55, 53. 
 
 place of, agreements fixing, what amount 
 to. 55, 53. 
 
 place of, agreements in contract of car- 
 riage from one country to another. 55, 
 53. 
 
 place of, bill of exchange, acceptance, 
 place of, controls. 55, 45. 
 
 place of, Isorrowing and lending money 
 where the parties reside in different 
 states or countries. 55, 50, 51. 
 
 place of, check drawn in one place but 
 payable in another. 55, 4B, 49. 
 
 place of, date, place named in is pre- 
 sumed to be. 55, 47. 
 
 place of delivery, when controls. 55, 47. 
 
 place of, guaranties, acceptance, place 
 of, controls. 55, 47. 
 
 place of, insurance, last act essential to 
 determine. 55, 52. 
 
 place of, intention of the parties is en- 
 titled to great consideration. 55, 46. 
 
 place of, mortgage, property subject to, 
 whether may be considered in deter- 
 mining what was the place of the con- 
 tract. 55, 50, 51. 
 
 place of, parol change in. 56, 664. 
 
 place of performance, when controls. 55, 
 48, 49, 778. 
 
 place of, sale of personal property, where 
 deemed to have been made. 55, 49. 
 
 place of, statutes of limitation, how af- 
 fected by. 55, 54, '55. 
 
 place of, when made by telegram or let- 
 ter. 55, 47. 
 
 place of, within the meaning of the 
 usury laws. 55, 46. 
 
 Time of performance. 
 
 time for performance, parol extension of. 
 
 56, 664. 
 
 III. Modification. 
 
 alteration, material and unauthorized, of 
 
 contracts. 86, 84-102. 
 modification of writing by subsequent 
 
 parol agreement. 56, 659-672. 
 reformation of contracts. See Eeforma- 
 
 tion of Instruments. 
 
 IV. Rescission. 
 
 abandonment, parol evidence to prove. 
 
 56, 672. 
 by corporation of contract with directors. 
 
 17, 805. 
 disaffirmance of contract by infant. 18, 
 
 659-695. 
 for duress. 43, 889-892. 
 for mistake. 11, 539, 540. 
 of contract for benefit of third person. 
 
 39, '555; 71, 197, 198. 
 of contract made by agent who acts for 
 
 both parties. 7, 280-283. 
 
 V. Performance or Breacb. 
 
 Performance and breach. 
 
 act of God preventing performance, ef- 
 fect of. 59, 282. 
 
 breach before and after death, no dis- 
 tinction between. 22, 812. 
 
 building contracts, acceptance where 
 contract has not been properly com- 
 plied with. 59, 287. 
 
 building contracts, destruction of build- 
 ing before its completion. 59, 285, 286. 
 
 building contracts, loss of building be- 
 fore completion, who must suffer. 59, 
 286, 287. 
 
 complete performance, when essential to 
 a recovery. 59, 277-295. 
 
 death, contract of guaranty not termi- 
 nated by. 22, 814. 
 
 death, contract of joint obligor ter- 
 minated by. 22, 814, 815. 
 
 death, contract of suretyship not ter- 
 minated by death of surety. 22, 814. 
 
 death, contract to marry extinguished 
 by.' 22, 813, 814. 
 
 death terminates contract of personal 
 nature. 22, 812, 813. 
 
 death, when continue enforceable after. 
 22, 811-815. 
 
 divisible, instances of. .59, 279, 280. 
 
 divisible, tests of. 59, 279. 
 
 entire, conditions precedent must all be 
 performed.'- 59, 281. 
 
 entire, full performance is essential to 
 recovery upon. 59, 282-284. 
 
 entire, instances of where there must be 
 a full performance to entitle a party 
 to recover. 59, 294, 295. 
 
 entire, intention of the contracting par- 
 ties determines whether are. 59, 278. 
 
 entire, part performance of does not cre- 
 ate obligations to pay. '59, 281. 
 
 entire, personal services, contracts for 
 are. 59, 289, 290. 
 
 entire, preventing performance of gives 
 adverse party a right to recover. 59, 
 283. 
 
 entire, quantum meruit upon where there 
 has not been a full performance. 59, 
 283. 
 
 full performance of, when essential to 
 recover upon. 59, 281. 
 
 impossibility of performance, when does 
 not relieve party from his obligation. 
 81, 447. 
 
 impossibility of performing conditions 
 subsequent, effect on performance. 70, 
 829, 830. 
 
 nonperformance, notice of, when party 
 receiving may keep contract alive. 33, 
 796, 797. 
 
 performa-nce by partners after dissolu- 
 tion. 40, 568. 
 
 performance, by personal representative 
 of decedent. 22, 812. 
 
 performance, place of, when controls. 
 55, 48, 49, 778. 
 
 performance, right of one party to, after 
 other refuses to perform. 33, 791-797. 
 
 performance, rights of party wlio is noti- 
 fied not to proceed with.' 33, 794-796. 
 
 performance, right to stop, of- executory 
 contract. 33, 792-794. 
 
51 
 
 INDEX-DIGEST TO NOTES. 
 
 Conversion 
 
 Performance and hreach — Continued. 
 
 personal representatives not bound by 
 mere offer of decedent. 22, 815. 
 
 personal services, contracts for must be 
 fully performed to entitle party to re- 
 cover. 59, 289-291. 
 
 sales, contracts of. when entire and when 
 divisible. 59, 291-293. 
 
 termination by death. 22, 812-815. 
 
 Architect's certificate of performance. 
 
 certificate of, arbitrary refusal to give. 
 
 56, 312, 313. 
 certificate of, conclusiveness of. 56, 314. 
 certificate of, construction of. 56, 314. 
 certificate of, mistake in. 56, 312. 
 certificate of, refusal of architect to give. 
 
 56, 312. 
 certificate of, waiver of. '56, 313. 
 
 VI. Actioiis. 
 
 actions on, are transitory. 22, 22. 
 
 action on contract, when precludes other 
 inconsistent remedies. 10, 487-494. 
 
 amendments to pleadings. 51, 421, 422. 
 
 arbitration of questions arising under. 
 2, 569-571. 
 
 complete performance, when essential to 
 a recovery. 59, 277-295. 
 
 contract for benefit of third party, ac- 
 tion in equity on. 71, 203. 
 
 contract for benefit of third party, action 
 in federal courts on. 71, 206, 207.' 
 
 contract for benefit of third party, action 
 on, American rule. 71, 182-203. 
 
 contract for benefit of third party, action 
 on, English rule in America as to. 71, 
 177-182. ' 
 
 contract for benefit of third party, action 
 on, reasons for rule. 71, 187-189. 
 
 contract for benefit of third party, bene- 
 fit derived from contract of surety, 
 whether sufficient to sustain action on. 
 71, 195. 
 
 contract for benefit of third party, bene- 
 fit sufiicient to sustain action on. 71, 
 192-195. 
 
 contract for benefit of third party, bene- 
 fit to citizen of water contract with 
 city, whether sufficient to sustain ac- 
 tion on. 71, 196, 197. 
 
 contract for benefit of third party, bene- 
 fit to sendee of telegram, when suffi- 
 cient to sustain action on. 71, 196. 
 
 contract for benefit of third party, effect 
 of relationship to sustain action on. 
 71, 203-205. 
 
 contract for benefit of third party, ele- 
 ments of, to sustain action. 71, 189- 
 192. 
 
 contract for benefit of third party, Eng- 
 lish rule as to action upon. 71, 176, 
 177. 
 
 contract for benefit of a third party, 
 necessity of acceptance by third party 
 to sustain action on. 71, 197, 198. 
 contract for benefit of third person, 
 necessity of naming third party. 71, 
 197. 
 contract for benefit of third party, stat- 
 utes allowing action on. 71, 206. 
 
 Contracts — Continued. 
 
 contract for benefit of third party, third 
 party is subject to equities in action' 
 on. 71, 202, 203. 
 
 contract to pay another's debt, action 
 on. 71, 199-202. 
 
 contract under seal for benefit of third 
 party, action on. 71, 205, 206. 
 
 damages, conflict of laws respecting. 91, 
 716-725. 
 
 debt on, within prohibition against im- 
 prisonment for debt. 37, 758. 
 
 enforcement of in countries or states 
 other than those in which they were 
 made. 55, 774, 775. 
 
 exemplary damages in. 28, 874. 
 
 foreign, which the courts of another state 
 or country will not enforce. 55, 774- 
 777. 
 
 injunction to prevent breach of contract. 
 90, 634-652. 
 
 See Injunctions. 
 
 interest allowed in contract actions. 91, 
 738, 739. 
 
 legal where made, when will be enforced 
 elsewhere. 55, 775, 777. 
 
 measure of damages for breach. 32, 655 
 
 mental anguish as element of damages. 
 7, 534. 
 
 no exemplary damages against corpora- 
 tions for breach. 59, 593. 
 
 parent and child, promise of one for 
 Benefit of other, who may sue. 71, 
 176, 180, 190, 203-20S. 
 
 parol testimony in reference to written 
 contracts. 11, 893, 894. 
 
 personal liability of agent upon. 22, 
 508-512. 
 
 physician, whether may sue on contract 
 for benefit of his patient. 71, 194. 
 
 specific performance. 68, 753-762. 
 
 specific performance.' See Specific Per- 
 formance. 
 
 taxpayer, whether may sue on contract 
 between city and water company. 71, 
 196. 
 
 third party, action on contract for bene- 
 fit of. 71, 176-207. 
 
 OONTRIBUTION. 
 
 among sureties, and the remedies for its 
 enforcement. 10, 639-647. 
 
 between different sets of sureties. 70, 
 444-451. 
 
 between parties jointly liable for negli- 
 gence. 16, 255-257. 
 
 between stockholders, for corporate 
 debts. 870, 871. 
 
 for cost of party walls. 89, 941-944. 
 
 CONTRIBUTORY NEGLIGENCE. 
 
 of children. 49, 408-413. 
 of infants. 14, 590-596. 
 of passengers. 1, 200. 
 
 See Negligence. 
 
 CONVERSION. 
 
 equitable, of real estate into personal, 
 and personal estate into real, by will. 
 5, 141-148. 
 
 See Trover. 
 
Conveyance 
 
 IXDBX-DIGEST TO NOTES. 
 
 CONVEYANCE. 
 
 by husband to wife, when creditors may 
 
 attack as fraudulent. 90, 496-556. 
 by one cotenant. 23, 651. 
 by one cotenant of a mine, effect of. 91, 
 
 881. 
 by reversioners and remaindermen. 14, 
 
 636. 
 by trustees. 19, 266-297. 
 disaffirmance of, by infants. 18, 659-695. 
 binding effect on one not named as 
 
 grantor. 23, 82-85. 
 from husband to wife. 9, 323-32'5. 
 how affect accretions. 35, 310, 311. 
 made by infants. 18, 582-586. 
 of contingent remainders. 17, 840. 
 of homestead by one spouse, effect of. 
 
 12, 683-686. 
 of real estate by partners. 48, 63, 74. 
 right of one cotenant to make. 21, 593- 
 
 595. 
 
 See Deeds, 
 to persons not in being, effect of. 84, 
 
 236-241. 
 to take effect after grantor's death. 49, 
 
 219-222. 
 to trustee, as sufficient declaration of 
 
 trust. 34, 200, 201. 
 words sufficent to constitute. 31, 26-28. 
 
 COFABCENEBS. 
 
 liability of one for use and occupation. 
 52, 930. 
 
 COBONEB. 
 
 holding autopsy, not liable for mutila- 
 tion of dead body. 75, 428. 
 
 COBPOEATIONS. 
 
 I. Incorporation and Existence. 
 
 II. Corporate Seal, Domicile, and 
 Records. 
 
 III. Corporate Stock and Dividends. 
 
 rv. Stockbolders. 
 
 V. Officers and Aliments. 
 
 VI. Corporate PoTFCrs and Liabilities. 
 
 VII. Insolvency ond Receivers. 
 
 VIII. Reorganization. 
 
 IX. 'Consolidation. 
 
 X. Dlssolntlon. 
 
 XI. Forfeltnre of Frnnclilses. 
 
 XII. Foreign Corporations. 
 
 1. Incorporation and fSxistence. 
 
 Incorporation. 
 
 acceptance of charter, necessity for. 33, 
 176, 177. 
 
 charters of are contracts. 62, 166. 
 
 charters of, reservation of the, to alter, 
 repeal, or amend. 62, 165. 
 
 collateral attack upon existence of cor- 
 poration. 33, 180, 181. 
 
 de facto corporations, stockholders of, 
 whether liable as partner. 29, 600-603. 
 
 de facto corporations, what are. 33, 181- 
 184. 
 
 defective formation of corporations. 33, 
 176-186. 
 
 Incorporation — Continued. 
 
 estoppel of stockholder from attacking 
 validity of incorporation. 3, 827-872. 
 
 estoppel to deny corporate existence and 
 capacity. 33, 184. 
 
 filing articles, failure in, effect of. 33, 
 179. 
 
 injunction against unlawful exercise of 
 corporate privileges. 35, 674, 675. 
 
 injunction to protect franchise from 
 ordinance of municipal corporation. 5, 
 353. 
 
 name of corporation, omission to state, 
 effect of. 33, 178. 
 
 objects or purposes of corporation must 
 be stated. 33, 178, 179. 
 
 omission from articles of incorporation, 
 what is fatal. 33, 179. 
 
 public franchises. See Franchises. 
 
 public franchises, right to transfer. 35, 
 390-407. 
 
 ratification of defective corporation by 
 statute. 33, 179, 180. 
 
 signing articles of incorporation, neces- 
 sity for. 33, 178. 
 
 special legislation respecting, when un- 
 justifiable. 62, 174. 
 
 special legislation respecting, when valid. 
 62, 168, 169. 
 
 statutory recognition of defective cor- 
 poration.' 33, 179, 180. 
 
 subscriber to stock, effect on, of defec- 
 tive incorporation. 33, 184-186. 
 
 substantial compliance with state indis- 
 pensable. 33, 177, 178. 
 
 taking corporate franchise under power 
 of eminent domain. 9, 137. 
 
 Promoters. 
 
 contracts of, whether binding upon cor- 
 porations. 17, 161. 
 
 contracts of, with corporations. 17, 164- 
 166. 
 
 definition of promoter. 17, 163. 
 
 liability for contracts made in name of 
 corporation.' 17, 162. 
 
 misrepresentation by promoters, liability 
 to third person for. ' 85, 385-388. 
 
 of corporations, and their relations there- 
 to. 17, 161-168. 
 
 relation to corporation and to one an- 
 other. 17, 164. 
 
 sale by, of property to corporations. 17, 
 165-167. 
 
 '11. Corporate Seal, Domicile, and Rec- 
 ords. 
 
 Semi. 
 
 adoption of, how proved. 50, 158. 
 
 affixed without authority. 50, 156. 
 
 affixing, whether necessarily makes an 
 instrument one under sell. 50, 155. 
 
 answer of corporation, whether must be 
 
 ' under. 50, 153. 
 
 as evidence. 64, 260-265. 
 
 burden of proof that it was affixed sur- 
 reptitiously and improperly. 64, 261, 
 262. 
 
 contracts in writing, when need not be 
 under. 50, 152. 
 
 contracts which must be under. 50, 151. 
 
 effect of. 50, 155. 
 
53 
 
 INDEX-DIGEST TO NOTES. 
 
 Corporations 
 
 Seal — Continued. 
 
 establishes the authority of the officers 
 
 to execute the deed. 64, 261. 
 evidence of adoption of. 50, 158. 
 execution of writing under need not dis- 
 close name of officer executing it. 
 ■ 64, 264, 265. 
 in the United States, necessity for use 
 
 of. oO, 152-154. 
 lease should be under. 50, 151. 
 may determine ■svhether contract binds 
 
 officers individually. 48, 917-919. 
 mode of affixing. 50, 155. 
 omission of and its effect. 50, 153. 
 presence of is prima facie evidence of 
 
 authority to affix. 64, 261. 
 promissory notes need not be under. 50, 
 
 152. 
 trading corporations may act without. 
 
 50, 151. 
 what is. 50, 156. 
 
 Citizenship of corporations. 
 
 are persons within the protection of the 
 fourteenth amendment. 62, 167, 168. 
 
 citizenship of does not entitle them to 
 all the privileges and immunities of 
 citizens in the several states. 62, 167. 
 
 citizenship of foreign corporations. 85, 
 907, 908, 919. 
 
 citizenship of, with respect to the juris- 
 diction of the national courts. 62, 166, 
 167. 
 By-laics and records. 
 
 admissibility of records in evidence. 13, 
 550-552. 
 
 by-laws, amendment of.' 43. l.')7, 158. 
 
 by-laws in restraint of trade. 43, 153, 
 154. 
 
 by-laws, limitation on power to enact. 
 43, 152-158. 
 
 by-laws relating to stock. 43, 154-156. 
 
 by-laws, repeal of. 43, 157, 158. 
 
 by-laws restricting alienation of shares 
 of stock. 57, 381-385. 
 
 by-laws, vested rights cannot be devested 
 by.' 43, 157. 
 
 by-laws, vexatious, oppressive and un- 
 reasonable are void. 43, 153. 
 
 conclusiveness of corporate records and 
 power to amend. 13, 550-554. 
 
 parol evidence to show omissions in 
 records. 13, 350, 551. 
 
 verity of records. 13, 550, 551. 
 
 111. Coi'porate Stock and Dividends* 
 
 Corporate stock. 
 
 action by corporation against officer 
 guilty of fraudulent issue. 87, 855. 
 
 action by corporation or stockholders to 
 cancel spurious stock. 87, 855, 856. 
 
 action by purchaser against fraudulent 
 
 ' vendor of stock. 87, 854, 855. 
 
 action by purchaser against officer guilty 
 of fraudulent issue of stock. 87, 854. 
 
 action for money paid upon subscription 
 to void stock. 87, 854. 
 
 by-laws imposing lien on stock for cor- 
 poration indebtedness. 57, 386. 
 
 estoppel of corporation to allege invalid- 
 ity of spurious stock. 87, 856, 857. 
 
 Corporate stock — Continued, 
 
 estoppel of holder from alleging invalid- 
 ity of overissued stock. 87, 859. 
 
 estoppel of holder from alleging invalid- 
 ity of spurious stock not constituting 
 an overissue. 87, 8'59, 860. 
 
 fictitious stock may be void by statute. 
 87, 849-851. 
 
 fictitious stock, whether void in hands of 
 bona fide purchaser. 87, 849-851. 
 
 forfeiture of stock, relief from. 86, 60, 
 61. \ 
 
 fraudulent and overissued capital stock. 
 87, 847-860. 
 
 fraudulent and overissued stock, who is 
 bona fide purchaser of. 87, 852, 853. 
 
 fraudulent stock but not overissued, in- 
 valid in hands of purchaser with no- 
 tice. 87, 848. 
 
 fraudulent stock but not overissued, 
 valid in hands of bona fide purchaser. 
 87, 848, 849. 
 
 irregular issue of stock to complete a 
 transfer may be valid if not an over- 
 issue. 87, 851. 
 
 issuing as fully paid up, when binding. 
 76, 134. ' 
 
 issuing as fully paid up, when fraudulent. 
 76, 135. 
 
 issuing stock as fully paid. 3, 817-821. 
 
 lien on stock, national banks may not 
 impose. 57, 395. 
 
 lien on stock, what necessary to create. 
 57, 393, 394. 
 
 negligence, when corporation precluded 
 by, from alleging invalidity of spiuri- 
 ous stock. 87, 857-859. 
 
 overissued stock, validity of certificates 
 of. 87, 847, 848. 
 
 overissued stock, what amounts to. 87, 
 
 ' 848. 
 
 purchaser may sue corporation for dam- 
 ages for fraudulent or overissued 
 stock. 87, 851-853. 
 
 ratification by corporation of spurious 
 stock issued.' 87, 857. 
 
 remedies of parties for overissued or 
 fraudulent stock. 87, 851-860. 
 
 shares of stock, where taxable. 62, 458, 
 459. 
 
 stock as collateral security, rights of 
 holder of. 32, 715. 
 
 Assessment of paid-up stock. 
 
 assessment of stock, definition of. 76, 
 
 126. 
 assessment of stock, difference between 
 
 and calls upon. 76, 127. 
 assessment of stock, directors alone can 
 
 make. 76, 127, 128. 
 assessment of stock, who may make. 76, 
 
 127. 
 assessment on paid-up stock, common law 
 
 did not authorize. 76, 128-130. 
 assessment on paid-up stock, constitu- 
 
 tioaality of statutes imposing on stock 
 
 already issued. 76, 132. 
 assessment on paid-up stock, must be 
 
 authorized by statute or the articles 
 
 of incorporation. 76, 128-130. ' 
 assessment on paid-up stock, statutes au- 
 thorizing. 76, 132, 133. 
 
Corporations 
 
 INDiBX-DIGBST TO NOTES. 
 
 54 
 
 Assessment of paid-up stock — Continued. 
 
 assessments on stock issued as paid-up 
 when full payment has not been made. 
 76, 134, 135. 
 
 by-laws undertaking to impose assess- 
 ments on fully paid-up stock. 76, 
 131-133. 
 
 Dividetids. 
 
 dividents, cumulative, guaranteed or 
 
 preferred stock, when entitled to. 
 
 78, 236, 288. 
 guaranteed dividends must not be paid 
 
 except out of profits. 73, 235, 236. 
 interest bearing stock may be issued. 
 
 73, 241. 
 
 Preferred stock. 
 
 preferred stock, accumulation and ar- 
 rears of dividends. 73, 238, 239. 
 
 preferred stock and guaranteed stock, 
 difference between. 73, 237. 
 
 preferred stock defined. 73, 227. 
 
 preferred stock, rights of, as against 
 common stock. 73, 237. 
 
 preferred stock, rights of assignee of. 
 73, 240. 
 
 special stock under the statutes of 
 Massachusetts. 73, 241. 
 
 Suhscription to stock. 
 
 acquire stock in another corporation, 
 right to. 86, 184-142. 
 
 calls, compelling corporation to make. 
 3, 807, 808, 810-814. 
 
 effect of defective incorporation on. 33, 
 184-186. 
 
 infant's liability for purchase of stock. 
 18, 615-618. 
 
 liability of stockholders for unpaid sub- 
 scriptions. 3, 806-884. 
 
 shares of stock of, right to purchase, 
 whether may be reserved to the corpo- 
 ration. 57, 883. 
 
 stock of, rescinding subscriptions for, is 
 not permitted /to the prejudice of cred- 
 itors and other stockholders. 57, 70. 
 
 stock of, right of corporation to acquire. 
 57, 68, 69. 
 
 stock of, subscriptions to, payment of, in 
 property taken at an overvaluation. 
 57, 68. 
 
 subscriptions, to stock, how affected by 
 consolidation. 89, 628-632. 
 
 subscription to stock of other corpora- 
 tion, right of corporation to. 36, 184- 
 136. 
 
 subscriptions to stock, releasing, as with- 
 drawal of assets. 57, 66, 69. 
 
 unpaid calls, liability of transferee of 
 stock for. 6, 838-840. 
 
 Transfer of stock. 
 
 alienation of shares, agreements in re- 
 straint of, when void. 57, 382. 
 
 alienation oif shares, by-laws restricting. 
 57, 881. 
 
 alienation of shares, right of. 57, 379. 
 
 assignment of stock as voluntary trust. 
 84, 209, 210. 
 
 by-laws prohibiting transfers of stocks. 
 57, 385. 
 
 by-laws regulating transfers of stock. 
 57, 384. 
 
 Transfer of stock — Continued. 
 
 debtor stockholders, whether can be 
 
 prohibited from transferring their 
 
 stock. 57, 386. 
 directors of, have no power to prohibit 
 
 transfers of stock. 57, 382. 
 national banks, transfers of stock of, 
 
 how may be made. '57, 396. 
 pledge of stock, transfer on the books 
 
 is not essential to. 57, 389. 
 sale of stock by one not the owner. 8, 
 
 200. 
 shares of stock of, alienation of, right 
 
 of is an incident of property. 57, 879. 
 shares of stock of, transfers prohibited 
 
 by charter are void. 57, 884. 
 stock of, failure to enter transfer on 
 
 the books of the corporation. 57, 889- 
 
 391. 
 stock of, prohibitions upon transfer of 
 
 cannot be imposed by articles of in- 
 corporation. 57, 382. 
 stock of, transfers of, by-laws restrict- 
 ing. 57, 385. 
 stock of, transfers of, directors have no 
 
 power to prohibit. 57, 385. 
 stock of, transfers of, power to regulate 
 
 includes power to prohibit transfers, 
 
 by indebted stockholders. 57, 886, 
 
 387. 
 transfer of stock, effect on stockholders' 
 
 liability. 3, 860-866. 
 transfers of stock, to what extent may 
 
 be restricted. 57, 379-896. 
 
 IV. Stackbolders. 
 
 Siochholders generally. 
 
 interest in corporation as affecting com- 
 petency to act as juror. 9, '749, 750. 
 
 nonresident stockholders, jurisdiction 
 over.' 6, 184. 
 
 stockholder's right to maintain bill to 
 dissolve the corpioration and distribute 
 the assets. 91, 38-35. 
 
 Liability of stockholders. 
 
 actions against stockholders to enforce 
 personal liability.' '37, 172, 173. 
 
 actions between stockholders to compel 
 contribution. 3, 870, 871. 
 
 bill for discovery of stockholders. 8, 
 867. ' 
 
 conditions limiting liability of stock- 
 holders, effect of. 8, 823, 824. 
 
 creditors must exhaust legal remedy 
 against corporation before proceeding 
 against stockholders. 3, 814. 
 
 debts, constitutional and statutory pro- 
 visions respecting liability for. 8, 
 836, 837. '. 
 
 debts, contingent liability for. 3, 840, 
 841. ' ' 
 
 debts, contract, liability for. 3, 846, 
 847. ' 
 
 debts due laborers and servants, liabil- 
 ity for. 3, 842-844. 
 
 debts, extent of individual liability for. 
 3, 836-854. 
 
 debts, liability for, "in proportion" to 
 amount of stock. 3, 839, 840. 
 
 debts, liability for, is for exclusive 
 benefit of creditors. 3, 847, 848. 
 
INDEX-DIGEST TO NOTES. 
 
 Ooirporations 
 
 Liability of stockholders — Continued. 
 
 debts, liability for, only be imposed by 
 statutes or charters. 3, 835, 836. 
 
 debts, liability for, to "extent" of 
 stock. 3, 838, 839. 
 
 debts, liability for, to extent of unpaid 
 subscriptions. 3, 837, 838. 
 
 debts, liability for under national bank- 
 ing act. 3, 841, 842. 
 
 debts, nature of statutory liability for. 
 3, 846-8-54. 
 
 debts, no individual liability for, at 
 common law. 3, 834, 835. 
 
 debts, unlimited liability for. 3, 838. 
 
 debts, waiver by creditors of liability 
 for. 3, 848. 
 
 debts, what are, for which stockholder 
 is liable. 3, 844. 
 
 decree in equity suit against stockhold- 
 ers. 3, 816; 
 
 defenses in suit for unpaid subscriptions. 
 3, 826-829. 
 
 discharge in bankruptcy of stockhold- 
 er, effect of. 3, 872, 873. 
 
 enforcement in other states of personal 
 liabiUty. 37, 168-175. 
 
 enforcement of stockholder's liability. 
 3, 854-858. 
 
 equity suits against stockholders. 37, 
 172. 
 
 estoppel of stockholder. 3, 872. 
 
 estoppel of stockholder from attacking 
 validity of corporate organization. 
 3, 827. 
 
 foreign courts will not interfere unless 
 complete justice can be done. 37, 173- 
 175. 
 
 foreign suits in aid of proceedings in 
 domestic forum. 37, 175. 
 
 fraud and mistakes as affecting stock- 
 holder's liability. 3, 824-826. 
 
 holder of stock as collateral, liability 
 of. 1, 783, 784. 
 
 infants as shareholders, liability of. 18, 
 615-618. 
 
 interest and costs, liability for. 3, 845. 
 
 .judgment against corporation conclusive 
 in creditor's suit. 3, 814, 815. 
 
 judgment against corporation, when not 
 a prerequisite to an action at law 
 against stockholders. 37, 175. 
 
 judgment against corporation, whether 
 conclusive in action against stock- 
 holder. 3, 8^8. 
 
 law suits against stockholders. 37, 172, 
 173. 
 
 liability enforceable everywhere, if ab- 
 solute and unconditional. 37, 168, 169. 
 
 liability of members of defectively or- 
 ganized. 65, 88, 89. 
 
 liability of stockholders to creditors for 
 corporate debts. 3, 806-873. 
 
 liability whether joint or several. 3, 
 852-854. 
 
 liability whether primary or subject to 
 proceedings first taken against cor- 
 poration. 3, 850-852. 
 
 mandamus by creditors to compel corpo- 
 ration to make call. 3, 807, 808. 
 
 ownershipi, stock books as evidence of. 
 3, 866, 867. 
 
 parties to action to enforce stockholder's 
 liability. 3, 857, 858. 
 
 LiabiUty of stooJcholders — Continued. 
 
 parties to bill in equity against stock- 
 holders. 3, 815, 816. 
 
 partners, stockholders, whether liable as. 
 3, 849, 850. 
 
 payment of shares in full, effect on 
 stockholders liability. 3, 817-821. 
 
 penal statutes not enforceable in other 
 states. 37, 169-171. 
 
 personal liability of persons acting as 
 corporation without authority. 29, 
 600-603. 
 
 personal liability, where there is no cor- 
 poration. 17, 162. 
 
 priority of creditor first suing stock- 
 holder. 3, 869, 870. 
 
 remedies and defenses of stockholders. 
 3, 870-873. 
 
 remedies for enforcement of personal 
 liability of stockholders. 37, 171-175. 
 
 setoff debts due from corporation, stock- 
 holder's right to. 3, 871, 872. 
 
 setoff debts due from insolvent corpo- 
 rations, stockholders cannot. 3, 826, 
 827. 
 
 statute of limitations against stockhold- 
 er's liability. 3, 872. 
 
 statute of limitations not run against 
 creditor until call is made or corpora- 
 tion ceases to do business. 3, 827-829. 
 
 statutory liability, legislative power to 
 repeal or modify. 3, 867, 868. 
 
 statutory liability to creditors for cor- 
 porate debts. 3, 834-873. 
 
 statutory liability, whether may be en- 
 forced outside of state. 3, 868, 869. 
 
 stock as collateral security, liability of 
 holder of. 68, 542-547. 
 
 stock held as collateral security or in 
 representative capacity, liability 
 where. 3, 865, 866. 
 
 stockholder, rights of, who has paid cor- 
 porate debts. 71, 40-42. 
 
 stockholder, when debt was contracted 
 or action brought, liability of. 3, 860- 
 864. 
 
 stockholders, who are, who are person- 
 ally liable for debts. 3, 858-867. 
 
 suits brought directly against stock- 
 holders. 37, 172, 173. 
 
 sureties or guarantors, stockholders are 
 not. 3, 848, 849. 
 
 survival of liability against deceased 
 stockholder's representatives. 3, 869. 
 
 transfer of stock, effect of, on liability. 
 3, 860-866. 
 
 transfer of stock must be bona fide to 
 relieve from liability. 3, 866. 
 
 transfer of stock, when effective to re- 
 lieve from liability. 3, 864, 865. 
 
 unpaid subscriptions, assignee in bank- 
 ruptcy, power of, as to. 3, 833, 834. 
 
 unpaid subscriptions a trust fund for 
 benefit of creditors. 3, 808-810. 
 
 unpaid subscriptions, equitable jurisdic- 
 tion to compel payment of. 3, 810-814. 
 
 unpaid subscriptions, liability for. 3, 
 806-834. 
 
 unpaid subscriptions, liability to creditor 
 only extends to. 3, 817, 818. 
 
 unpaia subscriptions, no common-law lia» 
 
 ' bility to creditors for. 3, 806 
 
Corporations 
 
 INDEX-DIGEST TO NOTES. 
 
 5« 
 
 Liability of stockholders — Continued. 
 
 unpaid subscriptions, receivers, power of, 
 as to. 3, 833, 834. 
 
 unpaid subscriptions, stockholders are 
 subject to garnishment for. 3, 806, 
 807. ' 
 
 unpaid subscriptions, who are stockhold- 
 ers liable to creditors for. 3, 829-833. 
 
 withdrawal and release of stockholders 
 and forfeiture of stock as affecting 
 liability. 3, 821-823. 
 
 Preferred stockholders. 
 
 dividends to, cannot be declared except 
 out of profits. 73, 232. 
 
 dividends, when may compel the declara- 
 tion of; 73, 235, 243. 
 
 dividends, when may require the declara- 
 tion of. 73, 230, 231. 
 
 have no lien on property of the corpo- 
 ration. 73, 229, 230. 
 
 holders of preferred stock are not cred- 
 itors. 73, 228-231. 
 
 liabilities of, are the same as those of 
 
 ■ common stockholders. 73, 239. 
 
 remedies of, after a dividend is declared. 
 73, 242, 243. 
 
 rights and liabilities of. 73, 231, 232. 
 
 remedies of, are generally in equity only. 
 73, 242. 
 
 rights of, on the dissolution of the cor- 
 poration. 73, 243, 244. 
 
 right of, to new shares issued. 73, 240. 
 
 right of, to vote. 73, 239. 
 
 whether entitled to dividends before 
 common stockholders. 73, 232-235. 
 
 Voting at stockholders' meetings. 
 
 agreements to control the voting of 
 stock. 56, 138-153. 
 
 considerations for agreements to control 
 the voting of stock. 56, 151. 
 
 elections of, injunctions to prevent vot- 
 ing of ' stock at. 56, 142. 
 
 elections of, only bona fide stockholders 
 entitled to vote thereat. 56, 139. 
 
 irrevocable proxy, when will be enforced. 
 56, 139-153. 
 
 proxies, irrevocable. 56, 139-153. 
 
 voting trusts, validity of. 56, 139-153. 
 
 V. Officers and Agents. 
 
 Powers and duties of directors. 
 are agents. 17, 298. 
 are not authorized to act when they are 
 
 personally interested. 45, 833. 
 authority of, to represent corporation. 
 
 17, 304. . 
 care and diligence required of directors. 
 
 17, 98, 100. 
 contracts with. 17, 300-308. 
 contracts with, ratification of. 17, 308. 
 contracts with, rescission of. 17, 305. 
 contracts with, when valid. 17, 300-302. 
 duties of directors. 17, 96. 
 failure to elect oflBcers as ground for 
 
 forfeiture of franchise. 8, 191. 
 have no power to prohibit transfers of 
 
 stock. 57, 382. 
 interested against corporation, when may 
 
 vote. 17, 300. 
 may contract with corporation. 45, 834. 
 
 Powers and duties of directors — Continued. 
 
 meeting of directors, when notice of 
 may be omitted. 3, 69, 70. 
 
 notice to agent, when notice to corpora- 
 tion. 24, 228. 
 
 preference given to, over other credit- 
 ors. 17, 307. 
 
 purchase by. 17, 301, 307. 
 
 secret profits acquired by. 17, 301. 
 
 transaction between directors and corpo- 
 ration. 17, 298-308. 
 
 whether trustees. 17, 298. 
 
 withdrawal of assets of, instances of 
 unlawful. 57, 74-76. 
 
 Liahility of directors. 
 
 for failure to attend to duties. 17, 99. 
 
 for gambling speculations. 17, 99. 
 
 for gross negligence. 17, 99. 
 
 for loans and acts prohibited by charter. 
 17, 98-100. 
 
 for misrepresentation of solvency of cor- 
 poration. 8, 604-606. 
 
 for mistake and errors of judgment. 17, 
 97. 
 
 of corporation, for negligence. 17, 95, 
 101, 
 
 frauds, when liable for. 74, 611. 
 
 ignorance of directors, when shield from 
 Uability. 17, 97, 100. 
 
 misrepresentation as to condition of cor- 
 poration, liability to third person for. 
 85, 388-391. 
 
 negligence for which directors are liable. 
 17, 96-98. 
 
 nuisances, liability of, for. 74, 611. 
 
 personal liability of, for misconduct re- 
 sulting in the insolvency of the corpo- 
 ration. 74, 611, 612. 
 
 torts, liability for. 74, 610. 
 
 to third persons. 48, 913, 921. 
 
 trespasses, when liable for. 74, 611. 
 
 LiaMlities of officers generally. 
 
 are not liable upon the contracts of the 
 corporation. 48, 913. 
 
 classification of liability of, to third 
 persons. 48, 913. 
 
 conversion of chattels by, what amount 
 to. 48, 922. 
 
 embezzlement by corporate officers. 87, 
 45, 46. 
 
 form of contract to avoid personal lia- 
 bility of. 48, 917, 918. 
 
 liability of ex contractu, classification 
 of. 48, 914. 
 
 liability of, for conversion of chattels. 
 48, 922. 
 
 liability of, for infringing patents. 48, 
 922. 
 
 liability of, for maintaining property in 
 a dangerous condition. 48, 226. 
 
 liability of, for mistake of law. 48, 916. 
 
 liability for overissue of, or spurious 
 stock.' 87, 854. 
 
 liability of, for selling stolen property. 
 _ 48, 922. 
 
 liability of, to depositors procured by 
 misrepresentations. 48, 921. 
 
 liability of, to third persons for miscon- 
 duct of subagent. 48, 921, 922. 
 
 liability of, to third persons for pledg- 
 ing their collaterals. 48, 922. 
 
INDEX-DIGEST TO NOTES. 
 
 Corporations 
 
 Liahilities of officers generally — Continued. 
 liability of, to third persons for over- 
 issue of stock. 48, 921. 
 liability of, upon ultra vires contracts. 
 
 48, 915. 
 liability of, where there is a de facto 
 
 corporation only. 48, 914. 
 liability of, where there is no corpora- 
 tion. 48, 914. 
 libel, liability for. 48, 923. 
 misfeasance, liability to third persons 
 
 for. 48, 924. 
 misrepresentations as to matters of fact. 
 
 48, 920. 
 misrepresentations by of&cers and agents, 
 liability of, to third persons. 48, 920. 
 negligence of, in respect to duties owing 
 
 to the corporation. 48, 923. 
 negligence of, in the doing of an act, 
 liability to third persons for. 48, 926. 
 negligence of the corporation, when not 
 
 liable for. 48, 925. 
 negotiable instruments, how to be exe- 
 cuted to bind corporation and exoner- 
 ' ate agent. 48, 916. 
 nonfeasance, liability to third persons 
 
 for. 48, 926. 
 personal liability of officers to third per- 
 sons. 48, 913-928. 
 seal of the corporation may determine 
 whether the contract binds them per- 
 sonally. 48, 917-919. 
 subagents, liability for. 48, 921, 922. 
 torts committed by, beyond their author- 
 ity. 48, 922. 
 torts, liability for. 48, 920. 
 trespasses, liabUity for. 48, 921, 922. 
 
 VI, Corporate Powers and Liabilities. 
 
 Corporate powers generally. 
 
 accommodation paper, power to make or 
 indorse. 31, 753, 754. 
 
 acquire stock in another corporation, 
 right to. 36, 134-142. 
 
 bequests and devises, limitation on power 
 to receive. 60, 318-321. 
 
 contracts made before incorporations 
 when binding. 13, 28-30. 
 
 contracts which must be under seal. '50, 
 151, 152. 
 
 corporations have only such powers as 
 the act creating them confers. 8, 202. 
 
 devises to, are governed by the laws of 
 the state where the property is situ- 
 ated. 60, 318. 
 
 devises to, when may be questioned only 
 by the state. 60, 319, 320. 
 
 employment of officers and agents be- 
 fore incorporation. 13, 29. 
 
 exclusion from state, power of. 27, 564. 
 
 have no franchise or powers before in- 
 corporations. 13, 28. 
 
 heirs of testator, when may question 
 power to take a devise or bequest 
 60, 318-321. 
 
 incidental powers of corporation. 36, 
 134. 
 
 lateral support, right of, against corpo- 
 ration. 33, 467. 
 
 lease of, should be under seal. 50, 151. 
 
 nonexisting, as beneficiaries under chari- 
 table trust. 27, 510, 516. 
 
 Corporate powers generally — Continued. 
 
 notice to attorney, when notice to cor- 
 poration. 57, 914. 
 promissory notes of, need not be under 
 
 seal. 50, 152. 
 purchase its own capital stock. 33, 339- 
 
 347. 
 purchase of its own stock as affected by 
 
 creditors' rights. 33, 343-345. 
 purchase of its own stock, cases denying. 
 
 33, 345-347. 
 purchase of its own stock, not merge or 
 reduce the amount of stock. 33, 343. 
 purchase its own stock, rule in England. 
 
 33, 339. 
 purchase its own stock, rule in United 
 
 States. 33, 339-343. 
 purchase of stock in another corporation, 
 other than by subscription. 35, 136- 
 142. 
 ratification of acts of promoter. 13, 29. 
 stock of other corporation, right to ac- 
 quire.' 36, 134-142. 
 stock of, purchase of may be treated as 
 an unlawful withdrawal of assets. 
 57, 68. 
 stock of, right of corporation to acquire. 
 57, 68, 69. ' 
 
 subagents, power to appoint. 50, 119. 
 subscription to stock of other corpora- 
 tion. 36, 134-136. 
 trust fund, to what extent assets of are 
 
 deemed to be. 57, 63-65. 
 withdrawal of assets of, by releasing 
 subscriptions to stock of. 57, 66, 69. 
 withdrawal of assets of, dissenting stock- 
 holders may object to. 57, 69. 
 withdrawal of assets of, form of is not 
 
 material. 57, 63. 
 withdrawal of assets of, receiver may 
 be appointed to prevent. 57, 83, 84. 
 withdrawal of assets of, releases, when 
 
 may amount to. '57, 75. 
 withdrawing assets of corporation, what 
 is. 57, 63-84. 
 
 Exemplary damages against corporations. 
 
 actual malice not essential to. 59, 591. 
 cannot be awarded against for a breach 
 
 of contract. 59, 593. 
 discretion of jury in awarding. 59, 592. 
 for an assault and battery. 59, 592. 
 for gross negligence. 59, '596, 597. 
 for libel. 59, 594. 
 for malicious torts. 59, 590. 
 for negligence. 59, 595-599. 
 for negligence resulting in death. 59, 
 
 599. 
 for personal injuries. 59, 596. 
 for reckless and wanton acts of agents. 
 
 59, 596. 
 for willful injuries. 59, 598. 
 in civil actions against, cases denying. 
 
 59, 590. 
 liability for. 59, 589, 590. 
 when liable for. 28, 876, 877. 
 
 Liabilities of corporations. 
 
 attorneys' fees, statutes subjecting to 
 
 liability for. 62, 173, 174. 
 bonds of corporation, where taxable. 62, 
 
 454. 
 employes of, contracts of, special laws 
 
 annulling. 62, 177, 178. 
 
Corporations 
 
 INDEX-DIGEST TO NOTES. 
 
 58 
 
 Liabilities of corporations — Continued. 
 
 employes of, special statutes respect- 
 ing. 62, 176-181. 
 ' employes of, wage, time and mode of 
 paying, spe'cial statutes respecting. 
 62, 177. 
 
 false imprisonment, liability for. 67, 
 426. 
 
 female employes, special statutes re- 
 specting. 62, 181, 182. 
 
 fourteenth amendment as protecting cor- 
 
 ' porations. 25, 873, 874. 
 
 franchise to be a corporation not subject 
 to sale. 7, 722. 
 
 judgments against extinct corporation, 
 effect of. 29, 819. 
 
 libel, liability of corporations for. 59, 
 594. 
 
 malice of agents and servants, when im- 
 puted to.' 59, 594. 
 
 malicious prosecution, liability for. 59, 
 595. 
 
 mandamus to compel corporations to per- 
 form duties. 37, 317-323. 
 
 process, method of serving designated 
 in statute should be strictly pursued. 
 61, 490, 491. 
 
 property of, where taxable. 62, 468, 469. 
 
 service of. process upon. '61, 490, 491. 
 
 taking corporate property under power 
 of eminent domain. 9, 137-147. 
 
 taxation upon property of, the state has 
 absolute control over. 62, 175, 176. 
 
 torts by agents, liability of corporation 
 for. 88, 788, 789. 
 
 torts, liability for. 59, 589. 
 
 trespass, when liable to exemplary dam- 
 ages for. 59, 600, 601. 
 
 trover and conversion, liability for. 59, 
 601. 
 
 Ultra vires acts. 
 
 actions upon ultra vires contracts, courts 
 
 refusing to sustain. 70, 171-173. 
 conditions upon which corporations will 
 
 be permitted to assert the defense of. 
 
 70, 175. 
 contracts by a corporation to purchase 
 
 its own stock. 70, 164, 165. 
 contracts for the benefit of corporations 
 
 rarely declared to be. 70, 16l, 162. 
 contracts in general, furtherance of the 
 
 business of corporation. 70, 162, 163. 
 contracts of guaranty and suretyship. 
 
 70, 163, 164. 
 contracts of one corporation to become 
 
 a surety of another. 70, 164. 
 contracts of real estate corporations to 
 
 erect buildings. 70, 162. 
 contract, partial performance, rights- 
 given by. 65, 169, 170. 
 contracts to transfer or lease corporate 
 
 property. 70, 163. 
 defense of is never sustained out of re- 
 gard for the corporations. 70, 159, 
 
 160. 
 definition of. 70, 158. 
 doctrine relating to contracts. 70, 156- 
 
 180. 
 estoppel to assert defenses of. 70, 167- 
 
 169. 
 executed ultra vires contracts. 70, 166, 
 
 167. 
 
 Ultra Vires acts — Continued. 
 
 executory contracts are not affected by 
 the rule of. 70, 165, 166. 
 
 executory contracts, defenses of may be 
 asserted against. 70, 165, 166. 
 
 instances of contracts which are not. 70, 
 161, 162. 
 
 misuse of this term. 70, 157. 
 
 notice of existence of facts showing con- 
 tracts to be. 70, 177, 178. 
 
 notice of powers of corporations, all per- 
 sons are chargeable with. 70, 176. 
 
 quantum meruit under contracts affected 
 by. 70, 174. 
 
 recovery for benefit received under ultra 
 vires contracts. 70, 173, 174. 
 
 remedy where contract is partly per- 
 formed. 70, 169-171. 
 
 stockholders, when cannot question con- 
 tracts because of. 70, 179, 180. 
 
 tests of what contracts are. 70, 157, 161. 
 
 torts, liability for cannot be defeated by 
 applications of the rules of.' 70, 159. 
 
 who may raise question of. 70, 178, 179. 
 
 VH. Insolvencj' and Receivers. 
 
 Insolvent corporations. 
 
 assignments by for the benefit of cred- 
 itors. 57, 76. 
 
 dissolution of does not result from dis- 
 posing of all property of. 57, 76. 
 
 fraud in destroying or diminishing assets 
 of. 57, 70. 
 
 insolvent, assets of, are trust fund. 42, 
 767. 
 
 insolvent, lien of creditors upon funds 
 of does not exist. 45, 828. 
 
 insolvent, mortgage by, effect of. 42, 
 769. 
 
 insolvent, preferences by. 42, 767-771; 
 57, 76, 77. 
 
 insolvent, preferences by, cases sustain- 
 ing. 45, 826, 829. 
 
 insolvent, preferences by, in favor of 
 directors and other officers. 45, 833. 
 
 insolvent, preferences by, in favor of 
 stockholders. 45, 833. 
 
 insolvent, preferences by, statutes con- 
 cerning. 45, 826, 829. 
 
 insolvent, preferring directors as cred- 
 itors.' 17, 307. 
 
 insolvent, rights of stockholder, who has 
 paid more than his share of corporate 
 debts. 71, 40-42. 
 
 insolvency of, transfers made in contem- 
 plation of. 57, 80. 
 
 insolvency of, what is. 57, 76. 
 
 preferences by insolvent corporations. 
 45, 826-835. 
 
 preferences by insolvent in favor of their 
 officers. 57, 77, 78. 
 
 preferences, general creditors, when may 
 maintain suits to set aside. 57, 83. 
 
 pursuing assets of, which have been un- 
 lawfully withdrawn. 57, 81. 
 
 setoff in favor of and against insolvent 
 corporations. 47, 587, 588. 
 
 trust fund, to what extent assets are 
 deemed to be. 57, 63-65. 
 
 withdrawal of assets of, by decrease of 
 the capital stock. 57, 67. 
 
 withdrawing assets of corporation, what 
 is. 57, 63-84. 
 
59 
 
 INDEX-DIGEST TO NOTES. 
 
 Coi'poration? 
 
 Receivers. I 
 
 liens created by receivers. 83, 77-80. 
 
 receivers because of dissensions among 
 stockholders. 72, 54-56. 
 
 receivers, fraud which will justify ap- 
 pointment of. 72, 58, 59. 
 
 receiver may be appointed to prevent 
 withdrawal of assets. 57, 83, 84. 
 
 receivers of corporations. 72, 48-60. 
 
 receivers upon dissolution. 72, 59. 
 
 VIll. Reorg^auizatiou. 
 
 Reorganization. 
 
 assets of old corporation transferred to 
 new, right of creditors of the former. 
 59, 552. 
 
 banks, state, reorganization of as na- 
 tional banks. 59, 553. 
 
 change in name of does not relieve from 
 liability. S9, 549. 
 
 consolidation of, effect of upon pre-exist- 
 ing liabilities. 59, 550, 551. 
 
 consolidation of, novation of debts of 
 the old. 59, 557. 
 
 liability of consolidated railways. 59, 
 554, 555. 
 
 merger of one corporation in another, 
 liability of the latter for the debts of 
 the former. 59, 549, 550. 
 
 railway, consolidation of and its effect. 
 59, 554-560. 
 
 railway, consolidation of does not. affect 
 pre-existing lien?.. 59, 560. 
 
 railway, consolidation of, liabilities for 
 which new corporation is not charge- 
 able. 59, 557. 
 
 succession of one corporation to another, 
 difference between and their consolida- 
 tion. 59, 549. 
 
 IX. Consolidation. 
 
 Consolidation. 
 
 abatement of action against old corpo- 
 ration. 89, 648. 
 
 actions, allegations of liability of con- 
 solidated corporations. 89, 647. 
 
 actions to enforce liability of old corpo- 
 ration. 89, 646-648. 
 
 bona fide purchaser, consolidated corpo- 
 ration not a. 89, 642, 643. 
 
 bonds of constituent corporation con- 
 vertible into stock, whether enforce- 
 able. 89, 639-641. 
 
 charter may be amended, altered or re- 
 pealed under constitutional provisions. 
 89, 634. 
 
 consolidation agreement that new corpo- 
 ration not liable for obligations of old. 
 89, 642. 
 
 consolidation agreement that new corpo- 
 ration shall assume debts of old. 89, 
 646. 
 
 consolidated corporation assumes liabil- 
 ities of constituent corporations. 89, 
 636-641. 
 
 consolidated corporation takes powers of 
 constituent corporations. 89, 624. 
 
 constituent corporations continue as to 
 pending actions. 89, 620. 
 
 constituent corporations continued by 
 statute for protection of creditors. 89, 
 618-620. 
 
 Consolidation — Continued. 
 
 constituent corporations continue to ex- 
 ist by implication. 89, 217, 218. 
 
 constituent corporations continue to ex- 
 ist for special purposes. 89, 617-620. 
 
 constituent corporations do not continue 
 in existence for all purposes. 89, 619. 
 
 constituent corporations, liability of. 
 89, 636-648. 
 
 constitutional provisions apply to con- 
 ■ solidated corporation. 89, 633-636. 
 
 constitutional provision prohibiting ex- 
 emptions from taxation appdy to con- 
 solidated corporation. 89, 633, 634. 
 
 constitution prohibiting, effect of power 
 in constituent corporations. 89, 635, 
 636. 
 
 contracts of constituent corporations, ob- 
 ligation to perform. 89, 639-641. 
 
 creation of new corporation by. 89, 612- 
 614. 
 
 creditor of one corporation may proceed 
 against consolidated corporation. 89, 
 618, 619. 
 
 creditors of new corporation, rights 
 against unrecorded conveyance of old 
 corporation. 89, 644. 
 
 creditors of old corporation, lien of, on 
 property in hands of new corporation. 
 89, 644-646. 
 
 definition of. 89, 607-612. 
 
 dissolution of constituent corporations 
 
 ' affected by. 89, 616, 617. 
 
 distinction between, and amalgamation. 
 89, 612. 
 
 distinction between, and lease. 89, 611, 
 612. 
 
 distinction between, and merger. 89, 
 608, 609. 
 
 distinction between, and purchase. 89, 
 __ 610, 611. 
 
 distinction between, and reorganization. 
 89, 609, 610. 
 
 effects of. 89, 604-656. 
 
 exemptions and privileges which pass to 
 consolidated corporation. 89, 632, 633. 
 
 interstate consolidation. 89, 649-656. 
 
 interstate consolidation, applicability of 
 state statutes to. 89, 651, 652. 
 
 interstate consolidation, corporation may 
 be taxed in each state. 89, 652. 
 
 interstate consolidation, new corporation, 
 where may transact business. 89, 651, 
 652. 
 
 interstate consolidation, taxation of cap- 
 ital stock. 89, 653. 
 
 interstate consolidation, taxation of 
 shares .of capital stock. 89, 653, 654. 
 
 interstate consolidation, view that a new 
 corporation is created. 89, 650, 651. 
 
 interstate consolidation, view that no 
 new corporation is created. 89, 649, 
 650. 
 
 joint liability of constituent and consoli- 
 dated corporation. 89, 647, 648. 
 
 judgment against consolidated corpora- 
 tion is binding everywhere. 89, 656. 
 
 jurisdiction of courts over consolidated 
 corporations. 89, 654-656. 
 
 jurisdiction of federal courts over con- 
 solidated corporations. 89, 655, 656. 
 
 jurisdiction of state courts over consoli- 
 dated corporations. 89, 655. 
 
Oorporations 
 
 INDEX-DIGEST TO NOTES. 
 
 60 
 
 Consolidation — Continued. 
 
 laches of stockholders in asserting rights 
 against. 89, 622. 
 
 liability assumed by consolidation agree- 
 ment. 89, 637. 
 
 liability at law of consolidated corpora- 
 tion. 89, 646, 647. 
 
 liability in equity of consolidated cor- 
 poration. 89, 647. 
 
 liability of consolidated corporation in 
 absence of statute or agreement. 89, 
 637, 638. 
 
 liability of consolidated corporation, 
 where old corporation continues for 
 protection of creditors. 89, 637. 
 
 life of consolidated corporation extends 
 for full term authorized by statute. 
 89, 615, 616. 
 
 mortgage by constituent corporation 
 takes priority over mortgage by con- 
 solidated corporation. 89, 643. 
 
 municipal aid may be granted to consoli- 
 dated corporation. 89, 634, 635. 
 
 municipality voting aid to constituent 
 corporation, when may be paid to con- 
 solidated corporation. 89, 632. 
 
 powers conferred by. 89, 614. 
 
 powers passing to consolidated corpora- 
 tions. 89, 624. 
 
 privileges of stockholders and corporate 
 servants. 89, 624, 625. 
 
 relation between constituent and con- 
 solidated corporations. 89, 620, 621. 
 
 service of process 'On constituent corpo- 
 rations. 89, 619, 620. 
 
 status of consolidated corporations. 89, 
 612-616. 
 
 status of constituent corporations. 89, 
 616-621. 
 
 status of constituent corporations, legis- 
 lative intent as to. 89, 616. 
 
 statute imposing all liability pn consoli- 
 dated corporation except mortgages. 
 89, 636, 637. 
 
 stockholders assenting to, rights of. 89, 
 623. 
 
 stockholders, liability of corporate 
 ofScers to. 89, 622. 
 
 stockholders not assenting to, rights of. 
 89, 621, 622. 
 
 stockholder, power of, to prevent con- 
 solidation. 89, 621. 
 
 stockholders' rights as to. 89, 621-623. 
 
 stockholder's right to withdrawn upon. 
 89, 621, 622. 
 
 stockholder's right to stock in consoli- 
 dated corporation. 89, 623. 
 
 subscription by municipality to stock of 
 consolidated corporation. 89, 631, 632. 
 
 subscription by municipality to stock of 
 constituent corporation, power to en- 
 force. 89, 629-631. 
 
 subscription to stock -of constituent cor- 
 poration, right to enforce against one 
 assenting to consolidation. 89, 628, 
 629. 
 
 subscriptions to stock of constituent cor- 
 porations, right to enforce against one 
 not assenting to consolidation. 89, 
 628. 
 
 substitution of consolidated corporation 
 after an adjudication against constitu- 
 ent. 89, 648, 649. 
 
 Consolidation — Continued. 
 
 suits against consolidated corporation in 
 federal courts. 89, 653. 
 
 suits by consolidated corporation in fed- 
 eral courts. 89, 655, 656. 
 
 taxation, exemption from, of consoli- 
 dated corporations. 89, 625-627. 
 
 taxation, exemption from, of constituent 
 corporations, when pass to consolidated 
 corporation. 89, 626, 627. 
 
 taxation for privilege of consolidation. 
 89, 654. 
 
 torts of constituent corporations, liabil- 
 ity for. 89, 638, 639. 
 
 transmission of corporate powers and 
 privileges upon. 89, 624-636. 
 
 X. Dissolution. 
 
 Dissolution. 
 
 as affected by consolidation of corpora- 
 tions. 89, 616, 617. 
 
 at common law vested its personalty in 
 the sovereign. 7, 717. 
 
 at common law vested its realty in 
 former owner. 7, 717. 
 
 corporate property are assets for pay- 
 ment of debts and distribution among 
 stockholders. 7, 717-725. 
 
 effect of dissolutions of corporations, 
 whether by repeal of charter or other- 
 wise. 7, 717-726. 
 
 for misuser or nonuser of its franchise. 
 8, 180, 201, 202. 
 
 legislature may declare certain acts 
 shall operate as. 8, 180. 
 
 rights of creditors and stockholders af- 
 ter dissolution. 7, 724, 725. 
 
 rights of preferred stockholders on. 73, 
 243, 244. 
 
 stockholder's right to maintain bill to 
 dissolve the corporation and distribute 
 the assets. 91, 33-35. 
 
 what franchises, rights, and contracts 
 survive dissolution. 7, 721-725. 
 
 XI. Forfeiture of Francbises. 
 
 Forfeiture of franchises. 
 
 abandonment of business, transfer of 
 
 stock, and insolvency as cause for. 8. 
 
 190, 191. 
 acts illegal by general laws as ground 
 
 of.' 8, 191-193. 
 a judicial question. 8, 197, 198. 
 by general assignment for benefit of 
 
 creditors. 8, 191. 
 by nonuser. 5, 804. 
 by noncompliance with conditions. 5, 
 
 803-805. 
 courts of equity cannot decree. 8, 200. 
 courts proceed with caution to declare 
 
 forfeitures. 8, 181, 182. 
 effect of imposing penalty for act or 
 
 omission. 8, 184, 185. 
 embezzlement is a cause. 8, 191. 
 failure to keep office within the state 
 
 as ground for forfeiture of franchise. 
 
 8, 189. 
 
 failure to observe implied conditions, 
 
 effect of. 8, 188, 189. 
 forfeiture of corporate franchises. 8, 
 
 179-201. ' 
 
 for partial abuse or neglect. 8, 186. 
 
61 
 
 INDEX-DIGEST TO NOTES. 
 
 Counterfeiting 
 
 Forfeiture of franchises — Continued. 
 
 for willful misuser or nonuser. 8, 179, 
 180. 
 
 judgment of. 8, 200. 
 
 judicial declaration of, whether neces- 
 sary. 5, 803-805. 
 
 misuser or nonuser in one department of 
 entire franchise, effect of. 8, 186-188. 
 
 ouster from franchise, when decreed. 8, 
 181. 
 
 proceedings must be in tituted by the 
 state. 8, 193-197. 
 
 proceedings to declare forfeiture. 8, 
 193-200. 
 
 quo warranto to declare forfeiture 6i 
 
 ' charter. 8, 198. 
 
 public must have interest in acts or 
 omissions to work. 8, 182, 183. 
 
 repeal of charter not vest property in 
 the state. 7, 719. 
 
 scire facias to declare forfeiture of char- 
 ter. 8, 198. 
 
 substantial performance of conditions is 
 sufficient. 8, 182. 
 
 suspension of specie payments by banks 
 as cause for.' 8, 189, 190. 
 
 waiver of forfeiture. 8, 200, 201. 
 
 whether subject to excuse. 8, 185, 186. 
 
 willful abuse or improper neglect neces- 
 sary to. 8, 183, 184. 
 
 XII. Foreign Corporations. 
 
 Foreign corporations. 
 
 agents of, on whom process may be 
 
 served. 85, 933-935. 
 attachment and garnishment against. 
 
 85, 924, 925. 
 causes of action against, arising beyond 
 
 state, jurisdiction over. 85, 921, 922. 
 cause of action against, in favor of non- 
 resident, jurisdiction over. 85, 921, 
 
 922. 
 causes of action of which jurisdiction 
 
 may be entertained against. 85, 921- 
 
 925. 
 ceasing to do business in a state ends 
 
 jurisdiction of courts over. 85, 917, 
 
 918. 
 citizenship of. 85, 907. 
 citizenship of corporations in two or 
 
 more states. 85, 907, 908, 919. 
 coming within the state, what is, to give 
 
 the courts jurisdiction. 8'5, 910. 
 corporations are persons residing in the 
 
 state under whose laws they were 
 
 created. 85, 906, 907. 
 discretion of courts to refuse to exer- 
 cise jurisdiction over. 85, 925, 926. 
 doing business within a state subjects it 
 
 to jurisdiction of courts. 85, 913, 914. 
 doing business within a state, what is. 
 
 85, 914-917. 
 enforcing liabilities imposed upon officers 
 by statutes of another state. 14, 352. 
 enforcement of personal liability of 
 
 stockholders in. 37, 168-175. 
 garnishment of. 9, 674, 675. 
 judgment against, effect of. 85, 938. 
 jurisdiction of foreign corporations.' 85, 
 
 905-938. 
 jurisdiction over. 53, 182. 
 
 Foreign corporations — Continued. 
 
 managing agents of, on whom process 
 may be served. 8o, 930-933. 
 
 may be denied the right to sue. 59, 877. 
 
 national courts, jurisdiction of, over. 
 85, 918-921. 
 
 national courts, jurisdiction of, over cor- 
 porations of foreign countries. 85, 
 919." 
 
 national courts, removal of suits to, by. 
 85, 921. 
 
 presence of officer or agent within the 
 state, when authorizes suits against. 
 85, 910-913. 
 
 receivers of foreign corporations. 72, 69. 
 
 rem, proceedings in, against. 85, 924. 
 
 service of process on. 85, 926-938. 
 
 service of process on agents of.' 85, 933- 
 935. 
 
 service of process on agents whose au- 
 thority has terminated. 85, 935, 936.' 
 
 service of process on any agent or em- 
 ploye of, power of states to provide 
 
 ' for. 85, 929. 
 
 service of process on, cumulative modes 
 of. 85, 936, 937. 
 
 service of process on managing agents 
 of. 85, 930-933. 
 
 service of process on, mode of, prescribed 
 by statute must be followed. 85, 936. 
 
 service of process on, must be prescribed 
 by statute. 85, 926, 927. 
 
 service of process on, must statute 
 prescribe mode of. 85, 908, 909. 
 
 service of process on, power of states 
 to prescribe how and on whom made. 
 85, 927-929. 
 
 service of process on, return of. 85, 937, 
 938. 
 
 service of process on, where the corpora- 
 tion failed to designate an agent. 85, 
 929, 930. 
 
 suits against, by statutory authority. 
 85, 908. 
 
 suits against, general statutes authoriz- 
 ing suits against corporations apply 
 to. 85, 909, 910. 
 
 suits against, only in district where it is 
 an inhabitant, right of. 8'5, 920, 921. 
 
 suits in equity against. 85, 924. 
 
 transitory causes of action against, juris- 
 diction of, may be given to courts. 
 85, 922-924. ' 
 
 COSTS. 
 
 amendments to pleadings as affecting. 
 51, 422. 
 
 as matter for contribution amoug co- 
 sureties. 10, 644. 
 
 cost bill, forgery of. 8, 467. 
 
 of suit, promise to indemnify against. 
 42, 191. 
 
 in actions involving wards' estates. 89, 
 316. 
 
 in action on appeal bond. 38, 717. 
 
 in interpleader proceedings. 1, 802. 
 
 liability for, in suit to enforce stock- 
 holder's liability. 3, 845. 
 
 taxing costs against attorneys. 2, 856. 
 
 COUNTERFEITING. 
 
 as a crime. 78, 260. 
 
Counties 
 
 I. 
 
 Creation. 
 
 II. 
 
 Officers. 
 
 III. 
 
 Property. 
 
 INDEX-DIGEST TO NOTES. 
 
 62 
 
 COUNTIES. 
 
 IV. Fiscal Manasement. 
 
 I. Creation. 
 
 dividing, by legislative authority. 35, 
 
 539, 540. 
 new counties, organization of.' 20, 680. 
 new counties, their relation and that of 
 
 their officers to old counties. 20, 676- 
 
 680. 
 power of legislature to change bound- 
 aries. 20, 676. 
 
 II. Officers. 
 
 auditor's bonds, liability on. 91, 571, 
 572. 
 
 county clerk's bond, liability on. 91, 
 568, 569. 
 
 judgment against county officers, when 
 bind taxpayers. 27, 196-198. 
 
 organized by fraud, quo warranto against 
 officers of. 20, 676. 
 
 supervisors' bonds, liability on. 91, 572. 
 
 supervisors cannot delegate their pow- 
 ers. 50, 118. 
 
 supervisors, functions of, when acting 
 upon claims against counties. 55, 205. 
 
 supervisors, reviewing acts upon cer- 
 tiorari. 40, 38-42. 
 
 treasurer's bonds, liability on^ 91, 355- 
 562. 
 
 Hi. Property. 
 
 adverse possession of lands held by 
 counties. 87, 775-780. 
 
 IV. Fiscal Management. 
 
 apportionment of indebtedness on divi- 
 sion of counties. 20, 677-680. 
 
 apportionment of taxes between old and 
 new county. 20, 679, 680. 
 
 bonds for which new county liable. 20, 
 678. 
 
 effect ■ of allowance or rejection of 
 claims.' 55, 203-209. 
 
 garnishment, not subjejct to. 51, 119. 
 
 taxation of new county for part of debt 
 of old. 20, 677. 
 
 COUETS. 
 I. Jurisdiction. 
 II. Pi'ocedure and Rnles. 
 
 III. United States Courts. 
 
 IV. Conflicting' and Concurrent Jurisdic- 
 
 tion. 
 
 1. Jurisdiction. 
 
 Jurisdiction of courts. 
 
 amount in controversy, ad damnum 
 clause, whether determines. 21, 618. 
 
 amount in controversy, fraudulent state- 
 ment of. 21, 619. 
 
 amount in controversy, how determined. 
 21, 618-621. 
 
 Jurisdiction of courts — Continued. 
 
 amount in controversy, reducing, to give. 
 21, 620. 
 
 amount in controversy, whether allega- 
 tion in complaint controls. 21, 618. 
 
 courts of inferior jurisdiction, evidence 
 to show jurisdiction. 20, 521, 522. 
 
 courts of inferior jurisdiction, jurisdic- 
 tion of, how proved. 23, 114. 
 
 courts of limited jurisdiction, proof of 
 jurisdiction. 23, 109. 
 
 courts of, limited jurisdiction, vacating 
 jndgmfnts by. 60, 633. 
 
 de'jlining jurisdiction of transitory ac- 
 tions between foreign residents. 59, 
 870-873. 
 
 ecclesiastical questions, jurisdiction over, 
 courts do not take. 68, 864. 
 
 judgments in excess of jurisdiction, void. 
 29, 78-84. 
 
 jurisdiction depending on amount in 
 litigation. 21, 607-622. 
 
 jurisdiction over absent citizens. 53, 
 179-191. 
 
 jurisdiction over associations. 68, 856- 
 871. 
 
 jurisdiction over associations. See As- 
 sociations. 
 
 jurisdiction over benefit societies. 68, 
 859, 860. 
 
 jurisdiction over boards of trade. 68, 
 
 ' 860. 
 
 jurisdiction over consolidated corpora- 
 tions. 89, 654-656. 
 
 jurisdiction over foreign corporations. 
 85, 905-938. 
 
 jurisdiction over voluntary associations. 
 7, 160-170. 
 
 power to order physical examination. 
 68, 242-252. 
 
 power to punish for contempt for libel- 
 ous publications. 50, 572-585. 
 
 power to review determination of public 
 use in eminent domain. 88, 926-946. 
 
 jurisdiction presumed as to courts of 
 record. 20, 521, 522. 
 
 probate courts' rights of partnership 
 creditors in. 43, 369, 379. 
 
 province in construing statutes. 12, 826, 
 827. 
 
 setoff in excess of jurisdiction. 21, 621. 
 
 splitting entire transaction to give. 21, 
 621. 
 
 summary jurisdiction over attorneys. 2, 
 847-862. 
 
 jurisdiction to appoint receivers. 71, 
 357, 359. 
 
 jurisdiction to entertain motion to 
 vacate judgment. 60, 633. 
 
 jurisdiction to review proceedings of 
 bodies having power to judge of elec- 
 tion and qualification of members. 16, 
 220-224. 
 
 writs of supersedeas, implied power to 
 issue. 67, 714-722. 
 
 II. Procedure and Rnles. 
 
 Procedure. 
 
 proceedings in, when reviewable in other 
 
 courts on habeas corpus. 87, 198-203. 
 procedure must be same for all persons. 
 
 25, 877. 
 
63 
 
 INDEX-DIGEST TO NOTES. 
 
 Covenauts 
 
 Rules of court. 
 
 authority to enact. 41, 639. 
 
 construction of. 41, 645. 
 
 effect of. 41, 643-645. 
 
 enactment and effect of. 41, 639-645. 
 
 exacting good faith on part of litigants. 
 
 41, 640. 
 limitations upon power to prescribe. 41, 
 
 641-643. 
 prescribing time within which act must 
 
 be done. 41, 639, 640. 
 regulating mode of proceeding. 41, 640, 
 
 641. 
 regulating time of procedure. 41, 640, 
 
 641. 
 
 III. United States Conrts. 
 
 attorneys lien not recognized in, at com- 
 mon law. 51, 256, 257. 
 
 citizenship of corporations with respect 
 to jurisdiction of national courts. 62, 
 166j 167. 
 
 judgments of, not reviewable by state 
 courts on habeas corpus. 87, 200. 
 
 jurisdiction over foreign corporations. 
 85, 918-921. 
 
 jurisdiction to appoint receivers. 71, 
 357. 
 
 lis pendens in. 56, 861, 862. 
 
 receivers appointed by courts of one cir- 
 cuit, not sue in another. 8, 50. 
 
 rule in, on contracts for benefit of third 
 person. 71, 206, 207. 
 
 Conflicting and concurrent jurisdiction — Contd. 
 
 jurisdiction over foreign citizens. 6, 
 179-190. 
 
 jurisdiction over land in another state. 
 6, 182, 183. 
 
 jurisdictions over nonresident by notice 
 and publication. 6, 183. ' 
 
 jurisdiction over nonresident stockhold- 
 ers of corporation. 6, 184. 
 
 jurisdictions over persons within a state 
 who is citizen of a, foreign state. 6, 
 181. ' 
 
 jurisdictions over property of nonresi- 
 dent. 6, 181-183. 
 
 personal liability of stockholders, en- 
 forcement in other states of. 37, 108- 
 175. 
 
 receivers, right to sue in courts of an- 
 other state. 8, 49-54. 
 
 waiver of jurisdictions by citizens of 
 foreign state. 6, 180. 
 
 where proceeding for forfeiture of cor- 
 porate franchise is brought.' 8, 199. 
 
 where transitory actions may not be 
 prosecuted in a foreign state. 59, 869- 
 885. 
 
 COVENANTS. 
 I. Covenants Generally. 
 II. Covenants Wliicli Run wltli tlie 
 Land. 
 
 III. Breach of Covenants. 
 
 IV. Actions. 
 
 rv. Conflicting- and Concnrrent Jnrisdlc- 
 tion. 
 
 Conflicting and concurrent jurisdiction. 
 
 conflict of jurisdiction. 29, 310-318. 
 
 decoying party within jurisdictions. 6, 
 180. 
 
 concurrent jurisdiction, collision between 
 courts of, how prevented. 33, 138-141. 
 
 concurrent jurisdiction, conflict of, how 
 avoided. 29, 310, 314. 
 
 concurrent jurisdiction, court first ac- 
 quiring is entitled to. 29, 310-314. 
 
 concurrent jurisdiction, national courts, 
 proceedings in, not arrested by any 
 action of state courts. 29, 313, 314. 
 
 concurrent juiisdiction, seizure of prop- 
 erty, court first making acquires juris- 
 diction. 29, 310-315. 
 
 equity jurisdiction over nonresidents. '5, 
 189. 
 
 jurisdictions as to suits by receivers ap- 
 pointed in other states. 6, 185-189. 
 
 jurisdiction for trespass on high seas. 6, 
 189, 190. 
 
 jurisdiction of courts of one state or 
 country over citizens and property of 
 another. 6, 179-190. 
 
 jurisdiction of state courts to enforce 
 liens against vessels. 34, 309, 310. 
 
 jurisdictions over alien enemy. 6, 190. 
 
 jurisdiction over citizens of another 
 state. 6, 179, 180. 
 
 jurisdiction over false pretenses. 25, 
 386, 387. 
 
 jurisdiction over foreign executors, ad- 
 ministrators and guardians. 6, 184, 
 185. 
 
 I. Covenants Generally. 
 
 Covenants. 
 
 concerning levee repairs. 82, 673. 
 covenant never to sue, effect of. 30, 145, 
 
 146. 
 covenant not to sue a joint obligor. 36, 
 
 149. 
 covenant not to sue for limited time, 
 
 effect of. 36, 146-148. 
 covenants, what conditions are construed 
 
 to be conditions subsequent. 79, 751. 
 creating servitudes against the land. 82, 
 
 675. 
 forbearance to sue, agreements for, ef- 
 fect of. 36, 145-149. 
 for benefit of land. 21, 489-492. 
 for further assurance.' 82, 684. 
 form of, is immaterial. 21, 487. 
 for quiet enjoyment. 53, 113-120. 
 for quiet enjoyment, divisibility of. 
 
 53, 118. 
 for quiet enjoyment, effect and scope of. 
 
 53, 114. 
 for quiet enjoyment, implied in leases. 
 
 53, 113, 114. 
 for quiet enjoyment in deeds. 53, 118- 
 
 120. 
 for quiet enjoyment in leases. 53, 113- 
 
 118. 
 imposing charges on the land. 82, 689. 
 intent in making. 21, 499. 
 notice of restrigtion. 21, 491. 
 not to erect buildings. 21, 494, 49'5. 
 of warranty, difference between and 
 
 quiet enjoyment. 82, 689. 
 of warranty, married women estopped 
 
 -by. 57, 170, 171. 
 
Credibility 
 
 INDEX-DIGEST TO NOTES. 
 
 64 
 
 Covenants — Continued. 
 
 perpietual servitude, when created. 21, 
 
 484, 485. ; 
 
 presumption that is for benefit of land. 
 
 21, 489, 491. 
 real, essential qualities of. 89, 664. 
 release of. 21, 495. 
 
 restricting the use of land. 21, 484-508. 
 restriction upon use of land. 21, 485, 
 
 489-491. 
 successor in title, when bound by. 21, 
 
 486. 
 to repair building destroyed. 61, 566. 
 
 II. Cot-enaiits Wliicli Run wltli tlie Land. 
 
 Covenants running loith the land. 
 
 against encumbrances do not run with 
 
 the land. 82, 676. 
 against encumbrances, whether run with 
 
 the land. 82, 668. 
 concerning buildings and other improve- 
 ments, whether run with the land. 82, 
 
 671-673. 
 concerning dams, when run with the 
 
 lands. 82, 673. 
 concerning fencing, whether run with 
 
 the land.' 82, 677, 678. 
 concerning party-walls when run with 
 
 the land. 82, 679, 680. 
 concerning the use of property, whether 
 
 run with the land. 82, 682, 683. 
 creating easement's, whether run with 
 
 the land. 82, 674, 675. 
 for quiet enjoyment runs with the land. 
 
 53, 114, 115, 118. 
 for repairs, whether run by the lana. 
 
 82, 681, 682. 
 for the payment of rent run with the 
 
 land. 82, 681. 
 for the payment of taxes and assessments 
 
 run with the land. 82, 683, 684. 
 miscellaneous which run with tne land. 
 
 82, 690. 
 not to cause a nuisance, run with the 
 
 land. 82, 679. 
 of grant, bargain, and sale, whether run 
 
 with the land. 82, 685. 
 of right to convey do not run with the 
 
 land. "82, 686. 
 of seisin, whether run with the land. 82, 
 
 684-686. 
 of warranty and for quiet enjoyment 
 
 run with the land. 82, 686-689. 
 of warranty, when do not run with the 
 
 land. 82, 688, 689. 
 run with land, covenants need not. 21, 
 
 487. 
 tests to determine what run with the 
 
 land. 82, 665. 
 to erect and maintain railway stations. 
 
 82, 673, 674. 
 to furnish water for the use premises. 
 
 82, 689. 
 to insure buildings, when run with the 
 
 land. 82, 675, 676. 
 to pay all existing encumbrances, 
 
 whether run with the land. 82, 679. 
 • 
 
 Til. Breach of Covenants. 
 
 for quiet enjoyment, attornment of 
 tenant, when supports allegation of 
 breach of. 53, 116. 
 
 Covenants — Continued. 
 
 for quiet enjoyment, breach of, must be 
 by title paramount. 53, 115. 
 
 for quiet enjoyment, eviction constitut- 
 ing a breach of, need not be by pro- 
 cess of law.' 53, 118, 119. 
 
 for quiet enjoyment, eviction sufficient 
 to constitute a breach of. 53, 115. 
 
 for quiet enjoyment in conveyances, 
 breach of, what constitutes. S3, 118, 
 119. 
 
 for quiet enjoyment, unlawful acts of 
 third persons do not constitute a 
 breach of. 53, 115, 116. 
 
 IV. Actions. 
 
 against encumbrances, subsequent grant- 
 ees, when may recover upon. 82, 676, 
 677. 
 
 condition of forfeiture, equity will en- 
 force. 21, 485. 
 
 damage for violation not essential to 
 right to enforce. 21, 501. 
 
 equity will enforce. 21, 485. 
 
 estoppel to enforce. 21, 495-498. 
 
 forfeiture for breach of condition. 21, 
 485. 
 
 for quiet enjoyment, breach of, -measure 
 of damages for. 53, 116, 117. 
 
 for quiet enjoyment, measure of dam- 
 ages for breach of. 53, 116, 117, 120. 
 
 for quiet enjoyment, profits, loss of, 
 whether may be recovered by breach 
 of. 53, 117, 118. 
 
 injunction, mandatory, to enforce cove- 
 nant. 21, 500. 
 
 injunction to restrain breach of. 21, 486. 
 
 parties in bill to enforce. 21, 500. 
 
 personal agreement restricting use of 
 land, enforcement against purchaser. 
 21, 487. 
 
 refusal to enforce because not for bene- 
 fit of land: 21, 502-508. 
 
 specific performance of. 21, 485. 
 
 specific performance of, when may be 
 compelled in equity. 82, 666. 
 
 CBEDIBILITY. 
 
 of witness, evidence admissible as bear- 
 ing on. 82, 25-68. 
 of witnesses, opinion of judge on. 14, 
 
 44-46. 
 
 CREDITORS. 
 as beneficiaries of life insurance policy. 
 
 52, -560, 572. 
 domestic, foreign receivers not interfere 
 
 with rights of. 8, 52. 
 of corporations, liability of stockholders 
 
 to, for debts. 3, 806-873. 
 of partnership, rights and remedies of. 
 
 43, 364-380. 
 of pledgor no right to object to pledge 
 
 of property. 32, 715, 716. 
 redemption by, from execution sale. 21, 
 
 245. 
 right to reach beneficiary's interest in 
 
 spendthrift trust. 24, 686-697. 
 suits by, on contracts for their benefit. 
 
 71, 195. 
 validity of voluntary trust against. 34, 
 
 216, 217. 
 who may attack fraudulent conveyance. 
 
 14, 743-754. 
 
65 
 
 INDEX-DIGEST TO NOTES. 
 
 Criminal Law 
 
 CREDITOR'S SXnT. 
 
 Creditoi-'s suit. 
 
 against insolvents, pursuit of legal reme- 
 dies, to what extent required. 66,- 285, 
 
 286. 
 attachment, lien created by, when will 
 
 support. 66, 288, 289. 
 contingent demands or debts not due 
 
 cannot support.' 66, 289. 
 demands which will support. 66, 289. 
 execution at law against joint debtors, 
 
 return of, when suiEcient. 66, 284. 
 execution at law, issue and return of, 
 
 when necessary. 66, 276, 277. 
 execution at law issued to a county 
 
 where the plaintiff did not expect to 
 
 find property. 66, 283. 
 execution at law, nulla bona, return of, 
 
 when sufficient to support. 66, 281. 
 execution at law, return of, collusive and 
 
 fraudulent. 66, 283. 
 execution at law, return of, when deemed 
 
 conclusive. 66, 281-283. 
 execution at law, return of, when must 
 
 be made. 66, 282. 
 execution at law, to what extent must 
 
 be pursued before filing. 66, 280. 
 foreign judgment will not support. 66, 
 
 278, 279. 
 fraudulent transfers cannot be set aside 
 
 by, without first procuring a judgment 
 
 at law.' 66, 286, 287. 
 judgment against corporation conclusive 
 
 in. 3, 814, 815. 
 judgment at law necessary to support an 
 
 attack on fraudulent transfers. 66, 
 
 286. 
 judgment at law, recovery in other states 
 
 or countries cannot sustain. 66, 278, 
 
 279. 
 judgment at law, when cannot be ques- 
 tioned upon. 66, 277. 
 judgment establishing complainant 's 
 
 claim, when necessary. 66, 276. 
 legal remedies, creditor with a lien need 
 
 not exhaust. 66, 274. 
 legal remedies must be exhausted before 
 
 filing. 66, 272. 
 legal remedies need not be exhausted 
 
 before pursuing equitable assets. 66, 
 
 274, 275.- 
 legal remedies need not be pursued 
 
 where the debtor is a nonresident. 66, 
 
 286. ' 
 legal remedies, whether must be pur- 
 sued against insolvent debtors. 66, 
 
 285. 
 lien creditors may file without exhaust- 
 ing legal remedies.' 66, 274. 
 origin of. 66, 271. 
 receivers, appointment of, in. 71, 367, 
 
 868. 
 receivers in. 72, 60-63. 
 remedy at law must be adequate to pre- 
 vent the maintenance of. 66, 273. 
 remedy at law, the bill must show ab- 
 sence or inadequacy of. 66, 273. 
 sureties, whether may sustain. 66, 289. 
 to reach equitable assets. 66, 287, 288. 
 to reach property not subject to execu- 
 tion at law. 66, 287, 288. 
 Index-Dieest — 5 
 
 CREDITS. 
 
 where taxable. 62, 455, 456. 
 
 CRIMINAL LAW. 
 
 I. Criminal Acts and Defenses There- 
 to. 
 
 II. Resiionslbillty for Crime. 
 
 HI. Venue. 
 
 IV. 4i"oriner Jeopardy. 
 
 V. Nolle Proseanl. 
 
 VI. Evidence. 
 
 VII. Time of Trial. 
 VIII. Trial. 
 
 IV. IVew Trial. 
 
 X. Jndj^ment and Sentence. 
 
 XI. Appeal. 
 
 XII. Successive Offenses. 
 
 1. Criminal Acts and Defenses Thereto. 
 
 Acts which are criminal. 
 
 abandonment of children as a crime. 
 78, 240. 
 
 acts which the legislature may and may 
 not declare criminal. 78, 235-274. 
 
 adulterated foods and drugs, selling of. 
 78, 261, 262. 
 
 animals, cruelty to. 78, 240. 
 
 animals, permitting to run at large. 78, 
 240. 
 
 arms, right to keep or bear, extent to 
 which exercise of, may be made crim- 
 inal. 78, 263, 264. 
 
 bicycles, use of, on public roads. 78, 269. 
 
 buildings, erection or reconstruction of 
 wooden. 78, 240. 
 
 burial or removal of the dead. 78, 241. 
 
 camp-meetings, prohibiting the mainte- 
 nance of business places near. 78, 269. 
 
 carriers, failure of, to turn over to pub- 
 lic warehouse company all property 
 not called for cannot be made criminal. 
 78, 241. 
 
 cheats and impiositions. 78, 241. 
 
 coal mining, acts in regard to which may 
 be declared criminal. 78, 242. 
 
 conspiracies to injure trade and com- 
 merce. 78, 243. 
 
 cotton in the seed, removal of. 78, 264. 
 
 criminal or evil intent is not an essen- 
 tial element of. 78, 239. 
 
 criminal use of United States mails. 58, 
 595-603. 
 
 dairy products, adulteration of. 78, 243. 
 
 definition of. 78, 236. 
 
 embezzlement. See Embezzlement. 
 
 employment, limitations upon power to 
 declare acts of employers criminal. 
 78, 243-240. 
 
 enticing away servant is not a public 
 offense. 11, 478. 
 
 failure of husband to provide for his 
 wife and children. 78, 245. 
 
 fish and game laws, violation of. 78, 245- 
 249. 
 
 food, regulations to prevent the sale of 
 adulterated. 78, 261, 262. 
 
 frauds, punishment of and preventive 
 remedies. 78, 241, 242. 
 
Criminal Law 
 
 INDEX-DIGEST TO NOTES. 
 
 66 
 
 Acts which are criminal — Continued. 
 fraudulent banking. 78, 249. 
 free speech, extent to whieh exercise of 
 
 the right of may be declared criminal. 
 
 78, 249, 250. 
 game, laws prohibiting the taking or 
 
 traffic in. 78, 247. 
 hawking and peddling. 78, 250. 
 horse racing as a crime. 78, 250. 
 indictment, prosecution for, need- not be 
 
 by. 78, 239. 
 insurance, disobedience of state regula- 
 tions of. 78, 250, 251. 
 interstate commerce, extent to which 
 
 acts in may and may not be declared 
 
 criminal. 78, 251, 252. 
 intoxicating liquors, power of the states 
 
 to prohibit the sale.' 78, 254, 255. 
 intoxicating liquors, selling of. 78, 253- 
 
 255. ■ 
 larceny. See Larceny, 
 liberty of the press, extenc to which acts 
 
 of may be made criminal. 78, 260. 
 lotteries, acts in aid of. 78, 255, 256. 
 mails of the United States, uses of which 
 
 may be declared criminal. 78, 268. ' 
 miscegenation. 78, 2S6. 
 mortgaged property, selling of. 78, 269. 
 municipal ordinances, acts which cannot 
 
 be made criminal by. 78, 272-274. 
 municipal ordinances, extent to which 
 
 crimes may be declared by. 78, 271- 
 
 273. 
 natural gas, wasting of. 78, 256. 
 nuisances, power of legislature to declare 
 
 what are and to punish. 78, 256, 257. 
 oleomargarine, importation and sale of. 
 
 78, 251, 257, 258. 
 opium, selling or giving away. 78, 258. 
 options, dealings in. 78, 259. 
 persuading seamen to desert. 78, 259. 
 physicians practicing without a license. 
 
 78, 259. 
 plumbers practicing without a. license. 
 
 78, 259. 
 possession of plates for counterfeiting 
 
 notes. 78, 260. 
 possession of prohibited drugs. 78, 259, 
 
 260. 
 power of legislature to declare what is 
 
 criminal through the exercise of the 
 
 police power. 78, 236-239. 
 prison-made goods, dealings in. 78, 253, 
 
 260. 
 prizes and premiums, giving of by mer- 
 chants, whether may be made criminal. 
 ' 78, 267. 
 profanity. 78, 261. 
 prostitution. 78, 261. 
 punishment of children by parents. 78, 
 
 240. 
 quarantine regulations, violation of. 78, 
 
 262. 
 railways, statutes punishing unreasonable 
 
 charges and discriminations. 78, 262. 
 railway tickets, brokerage or scalping, 
 
 as a crime. 78, 266, 267. 
 refusal to cash one's own checks or script 
 
 as a crime. 78, 262. 
 removal of cotton in the seed as a crime. 
 
 78, 264. 
 See Conspiracy; Kidnaping; Seduction; 
 Vagrancy. 
 
 Acts ichich are criminal — Continued. 
 suicide as a crime. 78, 264. 
 Sunday laws, punishing violation of. 78, 
 
 264-266. 
 Texas cattle, statute prohibiting from 
 
 running at large. 78, 269. 
 trademarks, violation of statutes for the 
 
 protection of. 78, 268. 
 vaccination, failure to submit to as a 
 
 crime. 78, 242. 
 
 Attempts. 
 
 abandonment of. 20," 745. 
 attempt defined. 20, 741. 
 distinction between attempt and prepara- 
 tion. 20, 742. 
 guilty intent essential. 20, 741. 
 ia a misdemeanor at common law. 20, 
 
 747. 
 offense, when complete. 20, 742. 
 overt act essential. 20, 741. 
 preparatory act is not. 20, 742. 
 solicitation, whether is. 20, 744. 
 to commit a crime. 20, 741-748. 
 to commit arson. 20, 743. 
 to commit burglary. 20, 743. 
 to commit rape. 20, 743. 
 to procure abortion. 20, 745. 
 to put bomb on railway track. 20, 743, 
 Consent as a defense. 
 
 burglary, consent of owner injured by. 
 
 72, 705. 
 burglary, enticement which will relieve 
 
 from criminal prosecution. 72, 704, 
 
 705. 
 consent to crime, when does not purge it 
 
 of its criminal character. 72, 700. 
 .decoys, extent to which may be used to 
 
 detect crime. 72, 702, 703. 
 decoy letters, when constitute no defense. 
 
 72, 701. 
 larceny, consent of owner, when relieves 
 
 the taking of criminal character. 72, 
 
 702, 703. 
 liquor laws, schemes to entrap violators 
 
 of. 72, 702. 
 
 Defenses generally. 
 
 alibi, instructions showing hostility to. 
 14, 41-44. 
 
 criminal proceedings not within the pro- 
 hibition against imprisonment for debt. 
 37, 761, 762. 
 
 former acquittal or conviction as a de- 
 fense. 11, 228, 229. 
 
 ignorance of law, not excuse criminal 
 acts. 55, 514. 
 Insanity as a defense. 
 
 burden of proof respecting. 76, 92-97. 
 
 burden of proof respecting, whether ever 
 shifts. 76, 95. 
 
 continuance of, when presumed. ■ 76, 86. 
 
 delirium tremens as. 76, 92. 
 
 delusions as. 76, 89, 90. 
 
 drunkenness is not. 76, 91, 92. 
 
 drunkenness, temporary insanity pro- 
 duced by. 76, 91. 
 
 irresistible impiulses. 76, 90. 
 
 moral. 76, 90. 
 
 presumption against, burden of overcom- 
 ing. 76, 95, 96. 
 
 presumption where it is sliown to esist 
 before or after the crime. 76, 85, 86. 
 
67 
 
 INDEX-DIGEST TO NOTES. 
 
 Criminal Law 
 
 Insanity as a defense — Continued. 
 
 reasonable doubt respecting. 76, 92-95. 
 
 test of. 76, 87, 88. 
 
 test of ability to distinguish between 
 right and wrong. 76, 88, 89. 
 
 time, when must exist. 76, 85. 
 
 whether may lessen the degree of the 
 crime where it is not a ijomulete de- 
 fense. 76, 83, 84. 
 
 Insane delusions as a defense. 
 
 as defenses of persons accused of crime. 
 
 63, 99, 100. 
 crimes committed because of, criminal 
 
 responsibility for. 63, 104, 103. 
 criminal responsibility of persons who 
 
 are subject to. 63, 100. 
 presumption of continuance. 63, 106-108. 
 uncontrollable impulse is not equivalent 
 
 to. 63, 100-104. 
 which will excuse the commission of 
 
 crime. 63, 105, 106. 
 
 Self-defense as a defense. 
 
 apparent danger justifies the exercise of 
 the light of. 74, 719, 720. 
 
 belief of danger, when justifiable. 74, 
 724, 725. 
 
 danger must be immediate. 74, 719. 
 
 danger must be urgent and pressing. 74, 
 722. 
 
 in defense of other persons. 74, 735-737. 
 
 in resisting a mere trespass. 74, 739. 
 
 necessity must be such as to induce a rea- 
 sonably prudent man to believe him- 
 self in danger. 74, 717-724. 
 
 necessity which will justify to the ex- 
 tent of taking human life. 74, 717-724. 
 
 of habitation or property. 74, 738-740. 
 
 plea of. 15, 262, 263. 
 
 provoking a difficulty deprives one of the 
 right of to the extent of taking life. 
 74, 731-735. 
 
 real danger justifies the exercise of the 
 right of. 74, 719, 720. 
 
 retreat, duty of, common law respecting. 
 74, 726-730.' 
 
 retreat of a person not himself in fault 
 is not required. 74, 730. 
 
 retreat, police officer need not resort to. 
 74, 729. 
 
 retreat where person is assaulted on his 
 own premises. 74, 727, 728. 
 
 withdrawal from combat, what is. 74, 
 735. 
 
 Merger of crimes. 
 
 conspiracy, when merged in felony. 5, 
 
 900, 901. 
 merge, crimes of equal degree do not. 5, 
 
 901. 
 merger of crimes. 5, 8?9-90l. 
 
 II. Responsibility for Crime. 
 
 commission of crime as ground for disbar- 
 ment of attorney. 45, 76, 77. 
 
 criminal acts of servants, master's liabil- 
 ity for. 54, 85, 87. 
 
 criminal liability of notaries for false 
 certificates. 82, 384, 385. 
 
 involuntary homicide, liability for. 90, 
 571-583. 
 
 Criminal law — Continued. 
 
 married women, liability for crimes com- 
 mitted in husband's presence. 33, 89- 
 96. 
 
 of age^it, when principal may be liable for. 
 88, 797-799. 
 
 partnership, liability for crimes. 67, 50. 
 
 power of principal to ratify. 5, 618-621. 
 
 III. Venae. 
 
 Place where crime is committed. 
 
 abortion, place where committed. 44, 83. 
 
 accessaries, place where guilty. 44, 82. 
 
 boundary rivers, crimes committed on, 
 place where committed. 44, 84. 
 
 conspiracy, place where committed. 44, 
 82. 
 
 embezzlement, place where committed. 
 44, 83. 
 
 enjoining crimes and criminal prosecu- 
 tions. 35, 670-681. 
 
 forgery, place where committed. 44, 83. 
 
 larceny, place where committed. 44, 82, 
 83. 
 
 obtaining money bj false pretenses, place 
 where committed. 44, 83. 
 
 place where a crime is committed. 44, 79- 
 84. 
 
 place where crime is committed, common- 
 law rule. 44, 79-82. 
 
 United States mails, crimes against, place 
 where committed. 44, 83. 
 
 IV. Former Jeopardy. 
 
 appeal, right of, after acquittal cannot 
 extend to questions of fact. 48, 214. 
 
 appeal, right of after a verdict. of acquit- 
 tal. 48, 214. 
 
 former acquittal or conviction as a de- 
 fense. II, 228, 229. 
 
 heavier penalty for second offense, do not 
 put offender twice in jeopardy. 64, 382. 
 
 V, Nolle Prosequi. 
 
 jeopardy, valid indictment essential to. 
 48, 214. 
 
 nolle prosequi in favor of criminal turn- 
 ing state's evidence. 40, 768. 
 
 VI. Kyldence. 
 
 Evidence generally. 
 
 burden of proof as to insanity. 76, 92-97. 
 
 burden of proof in false pretenses. 25, 
 389. 
 
 burden of proof that confession was vol- 
 untary. 6, 244, 245. 
 
 declarations of accused in burglary. 2, 
 398. 
 
 evidence in burglary. 2, 396-398. 
 
 evidence in false pretenses. 25, 387-391. 
 
 evidence of intent or motive of accused, 
 when he may testify to. 21, 318. 
 
 extraneous facts ascertained through in- 
 admissible confession. 6, 250, 251. 
 
 other false pretenses. 25, 387. 
 
 presumption of intent to defraud in false 
 pretenses. 25, 380. 
 
 privileged communication to physician ap- 
 plies to criminal cases. 17, 570. 
 
 stenographer's notes as. 81, 360. 
 
 threats in homicide cases. 89, 691-710. 
 
 threats in homicide cases. See Homicide. 
 
Criminal Law 
 
 INDEX-DIGEST TO NOTES. 
 
 68 
 
 Confessions. 
 
 admissibility generally. 6, 242, 243. 
 admissibility of. 73, 942-946. 
 admission of in evidence. 6, 242-251. 
 collateral inducement for. 6, 247. 
 confessions admissible though made to 
 
 officer having prisoner in custody. 6, 
 
 243. 
 confession by one illegally imprisoned. 6, 
 
 244. 
 confession induced by appeal to moral or 
 
 religious sentiments. 6, 248. 
 confession induced by duress. 6, 248, 249. 
 confession is evidence only against the 
 
 person making it. 6, 251. 
 confession or promise of accused to turn 
 
 state's evidence. 6, 251. 
 confessions subsequent to one induced by 
 
 improper influence. 6, 249, 250. 
 confession under intoxication. 6, 249. 
 confessions under oath, when admissible. 
 
 41, 522-524. 
 confessions under oath, when not admis- 
 sible. 41, 524. 
 confession, when obtained by artifice or 
 
 deception. 6, 249. 
 confession without proof of corpus delicti. 
 
 6, 251. 
 question of admissibility is for the court. 
 
 6, 249. 
 statements made in sleep as. 6, 249. 
 whether inducement must be by person in 
 
 authority. 6, 246, 247. 
 whole confession must be admitted. 6, 
 
 251. 
 
 Demonstrative evidence. 
 
 evidence of experiments, discretion of 
 
 court in admitting or rejecting. 53, 
 
 384, 385. 
 experiments, discretion of court in admit- 
 ting or ejecting evidence of, in criniinal 
 
 cases. 53, 384, 385. 
 experiments, evidence of. 53, 382. 
 footprints, evidence of measurement of. 
 
 53, 383. 
 physical examination in criminal cases. 
 
 68, 251. 
 physical examination in prosecutions for 
 
 rape. 68, 252. 
 
 Dying declarations. 
 
 abortion, prosecution for, when declara- 
 tions admissible in. 86, 666, 667. 
 
 character of, to be admissible. 86, 647- 
 654. 
 
 circumstances under which may be made. 
 86, 639, 640. 
 
 civil cases, declarations not admissible in. 
 86, 667, 668. 
 
 complete in itself, should be. 86, 646. 
 
 death, actual danger of, whether essential 
 to admissibility of. 86, 654, 655. 
 
 death, belief in, declaration need not state. 
 86, 658-660. 
 
 death, belief in imminence of, is essential. 
 86, 660. 
 
 death declaration need not be made im- 
 mediately before. 86, 663-665. 
 
 death of declarant should be under in- 
 quiry generally to render admissible. 
 86, 665. 
 
 Dying declarations — Continued. 
 
 death of other than declarant under in- 
 quiry, declaration not admissible. 86, 
 665, 666. 
 
 death, sense of impending, at what time 
 should appear. 86, 663. 
 
 death, sense of impending, declaration 
 should be made under. 86, 655-658. 
 
 declarant must be competent witness. 86, 
 640. 
 
 declarant must be sane. 86, 640, 641. 
 
 definition of. 86, 638. 
 
 dying declarations cannot generally show 
 opinions. 86, 649-652. 
 
 dying condition of person making declara- 
 tion. 86, 654-663. 
 
 facts and not opinions must be shown by. 
 86, 649-652. 
 
 form of. 86, 642-647. 
 
 form of, usually immaterial. 86, 642. 
 
 grounds of admissibility of. 86, 638, 639. 
 
 homicide, prosecutions for, declarations 
 admissible in. 86, 665, 666. 
 
 hope of recovery, declarant must be with- 
 out. 86, 660, 661. 
 
 hope of recovery entertained by others is 
 immaterial. 86, 661-663. 
 
 hope of recovery entertained by others, 
 when may be material. 86. 662. 
 
 in form of question and answer are admis- 
 sible. 86, 644-646.' 
 
 intention or motive cannot generally be 
 shown by. 86, 652-654. 
 
 intention or motive, when may be shown 
 by. 86, 652-654. 
 
 must relate to the circumstances of the 
 killing. 86, 647-649. 
 
 must show facts and not opinions. 86, 
 649-652. 
 
 of husband, when admissible against wife. 
 86, 641. 
 
 of wife, when admissible against husband, 
 86, 641. 
 
 opinions cannot be shown by. 86, 649- 
 652. 
 
 opinions, when may be shown by. 86, 649- 
 652. 
 
 partial or distinct statements, when ad- 
 missible as. 86, 646. 
 
 prosecutions in which admissible. 86, 
 665-668. 
 
 ratification of previously made. 86, 647. 
 
 religious belief of declarant immaterial. 
 86, 641, 642. 
 
 religious belief of declarant may affect 
 weight of testimony. 86, 642. 
 
 res gestae, declaration, when admissible 
 as part of. 86, 665. 
 
 seduction, actions for, declarations not ad- 
 missible in. 86, 667, 668. 
 
 time before death when declaration may 
 be made, how long. 86, 663-665. 
 
 time when should be made. 86, 663-665. 
 
 what are admissible as, and in what cases. 
 86, 637-668. 
 
 whose declarations are admissible. 86, 
 640. 
 
 written, are admissible. 86, 642-644. 
 
 Reasonable doubt. 
 
 circumstantial evidence, when sufficient to 
 exclude. 48, 574. 
 
INDEX-DIGEST TO NOTES. 
 
 Crimiual Law 
 
 Reasonahle doubt — Continued. 
 
 conscientious belief in guilt does not neces- 
 sarily exclude. 48, 573. 
 
 difficulty of defining. 48, 566. 
 
 doctrine of, to what class of evidence ap- 
 plies. 48, 568. 
 
 erroneous instructions. 48, 571, 573. 
 
 exists if the jury is not satisfied of the 
 defendant's guilt. 48, 573. 
 
 exists unless there is an abiding conviction 
 to a moral certainty. 48, 576. 
 
 innocence, possibility of does not create 
 reasonable doubt of guilt. 48, 577. 
 
 instructions upon, which have been ap- 
 proved. 48, 568-572. 
 
 is a conscious uncertainty after a full 
 consideration of the whole evidence. 48, 
 570, 571. 
 
 is a doubt conformable to reason. 48, 567. 
 
 possibility of innocence is not equivalent 
 to. 48, 578. 
 
 proof beyond a reasonable doubt and proof 
 to a moral certainty are synonymous 
 terms. 48, 569. 
 
 reasonable doubt. 48, 566-579. 
 
 statutory definitions of. 48, 567, 568. 
 
 whether is a doubt for which a reason 
 can be given. 48, 574, 575. 
 
 State's evidence. 
 
 accomplice turning. 40, 770-772. 
 agreements concerning. 40, 767-775. 
 nolle prosequi, when entered in favor of 
 
 criminal giving. 40, 768. 
 pardon, persons turning, when entitled to. 
 
 40, 770, 771. 
 
 Sufficiency of evidence. 
 
 prima facie evidence, what may be made. 
 
 36, 685, 686. 
 sufficiency of evidence in false pretenses. 
 
 25, 389, 390. 
 vagrancy, sufficient evidence of. 38, 645, 
 
 646. 
 
 VII. Time of Trial. 
 
 Right to speedy trial. 
 
 appeal from conviction for delay in bring- 
 ing accused to trial. 85, 202. 
 
 computation of time in determining delay 
 for which accused may be discharged. 
 85, 199-201. 
 
 delays caused or assented to by the de- 
 fendant. 85, 195, 196. 
 
 delay due to arbitrary and other improper 
 grants of continuances. 85, 193. 
 
 delay due to continuances. 85, 192-194. 
 
 delay due to continuances because judge 
 engaged in trying other criminal cases. 
 85, 194. 
 
 delay due to continuances not objected 
 to. 85, 192, 193. 
 
 delay due to continuances properly and 
 necessarily ordered. 85, 192. 
 
 delay due to disagreement or excusable 
 discharge of jury. 85, 194, 195. 
 
 delay due to granting a change of venue. 
 85, 196. 
 
 delay due to illness of judge or prosecut- 
 ing attorney. 85, 192. 
 
 delays due to improper action or inaction 
 of' prosecuting attorney. 85, 193, 194. 
 
 delay due to quashing indictment and find- 
 ing another. 85, 192. 
 
 Right to speedy trial — Continued. 
 
 delay of trial as ground for discharge. 
 85, 189, 190. 
 
 delay of trial, discharge because of, not 
 apply to persons imprisoned for other 
 crimes. 85, 191. 
 
 delay of trial, statutory grounds for. 85, 
 190, 191. 
 
 delay of trial, statutory grounds for, do 
 not exclude all others. 85, 191. 
 
 delays, inexcvisable, entitling the accused 
 to be discharged. 85, 196, 197. 
 
 delays which are excusable. 85, 192-196. 
 
 demand for trial necessary to secure dis- 
 charge on account of delay. 85, 198, 
 199. 
 
 discharge for delay in bringing to trial, 
 do not discharge the offense. 85, 201. 
 
 discharge for delay in bringing to trial, 
 evidence to establish right to. 85, 198. 
 
 habeas corpus, remedy by, where accused 
 denied a speedy trial. 85, 202-204. 
 
 motion to dismiss prosecution for delay in 
 bringing accused to trial. 85, 202. 
 
 presumption that continuances were prop- 
 erly ordered. 85, 193. 
 
 proceedings for securing or opposing a dis- 
 charge for delay in trial. 85, 198, 199. 
 
 remedies where right to speedy trial is 
 denied. 85, 202-204. 
 
 right to be discharged because of delay in 
 being tried. 85, 187-204. 
 
 speedy trial, constitutional provisions re- 
 lating to. 85, 188. 
 
 speedy trial, definitions of. 85, 188, 189. 
 
 speedy trial, purpose of statutes provid- 
 ing for. 85, 189, 190. 
 
 speedy trial, right to. 85, 187-204. 
 
 terms of court, meaning of, under stat- 
 utes allowing discharge if accused not 
 brought to trial. 85, 199, 200. 
 
 terms of court which are excluded in 
 computing time respecting delay in 
 bringing accused to trial. 85, 200. 
 
 time while imprisoned under other in- 
 dictments for the same crime, whether 
 considered in determining unreasonable 
 delay. 85, 200, 201. 
 
 time during pendency of appeals and mo- 
 tions for new trial, whether considered 
 in determining unreasonable delay. 85, 
 201. 
 
 waiver by accused of right to be dis- 
 charged because of delay in trial. 85, 
 197. 
 
 VIII. Trial. 
 
 Criminal trial. 
 
 accused, as a witness, cross-examination 
 of. 38, 895-898. 
 
 argument of counsel, limitations upon. 
 46, 23-28. 
 
 burden of proof that confession was vol- 
 untary. 6, 244, 245. 
 
 constitutional provisions entitling the ac- 
 cused to be confronted with the wit- 
 nesses against him. 61, 876-892. 
 
 conviction of attempt to commit crime. 
 20, 745. 
 
 deceased witness, testimony of, taken in 
 the absence of the accused. 61, 889-892. 
 
 deceased witness, testimony of, when ad- 
 missible. 61, 888, 889. 
 
Criminating Testimony INDEX-DIGEST TO NOTES. 
 
 70 
 
 Criminal trial — Continued. 
 
 failure of defendant to testify, not be 
 commented on by jury. 9, 567. 
 
 instructions as to reasonable doubt. 48, 
 568-573. 
 
 instructions in burglary eases, 2, 398, 
 399. 
 
 instructions in false pretenses. 25, 391, 
 392. 
 
 instructions showing hostility to defense 
 of alibi. 14, 41-44. 
 
 invasion by the court of the province of 
 the jury. 14, 36-48. 
 
 jury as judges of law and fact. 42, 291- 
 295. 
 
 misconduct of counsel in argument, when 
 so seriously improper as to call for 
 reversal of judgment. 9, 559-570. 
 
 public trial, right to, and what are in- 
 fringements upon. 28, 308, 309. 
 
 public trial, what is. 28, 308, 309. 
 
 stenographer's notes of the testimony of a 
 deceased or absent witness. 61, 890, 
 892. 
 
 testimony taken at a preliminary examin- 
 ation, when admissible. , 61, 874, 875. 
 
 testimony taken on a prior trial, when ad- 
 missible. 61, 874. 
 
 IX. New Trial. 
 
 granting new trial whether may subject 
 defendant to conviction for higher 
 offense. 4, 117-120. 
 
 X, Judgment and Sentence. 
 
 Judgment. 
 
 judgments, collateral attack upon. 23, 
 
 109, 110. 
 judgment, when reviewable on habeas cor- 
 pus. 87, 167-203. 
 nunc pro tunc entry of judgment. 4, 828. 
 
 Sentence and punishment. 
 
 conviction for higher offense after grant- 
 ing new trial. 4, 117-120. 
 
 conviction for higher oflfense after new 
 trial, influence of statutes on question. 
 4, 119. 
 
 conviction for higher offense after new 
 trial, where indictment contains sev- 
 eral counts. 4, 119, 120. 
 
 heavier penalty for second offense, con- 
 stitutionality of statutes imposing. 64, 
 378-382. 
 
 heavier penalty for second offense, stat- 
 utes imposing. 64, 378-382. 
 
 imprisonment until fine is paid. 12, 202- 
 204. 
 
 imprisonment, until fine is paid, statutes 
 authorizing. 12, 202. 
 
 not imprison in state prison to collect 
 fine. 12, 204. 
 
 penalty, act changing, as being ex post 
 facto. 37, 587-589. 
 
 punishment, fourteenth amendment as af- 
 fecting discrimination in. 25, 885. 
 
 punishment less than law authorizes, sen- 
 tence of, whether void or voidable only. 
 55, 264. 
 
 punishment of attempt to commit a crime. 
 20, 747. 
 
 punishment, what is, within meaning of 
 ex post facto laws. 37, 590-594. 
 
 Sentence and punishment — Continued. 
 
 sentence different from that authorized 
 by law, though less severe. 55, 266. 
 
 sentences differing from those authorized 
 by law, validity of. 55, 264-275. 
 
 sentence excessive, cases holding to be er- 
 roneous only. 55, 269. 
 
 sentence excessive, power of courts to re- 
 mit the excess. 55, 268. 
 
 sentence excessive, whether relief may be 
 had by habeas corpus. 55, 267. 
 
 sentence excessive, whether void. 55, 276, 
 268. 
 
 sentence, power to vacate one and to im- 
 pose another. 55, 264. 
 
 sentence, to hard labor, if unauthorized, 
 does not vitiate the balance of the sen- 
 tence. 55, 270. 
 
 sentence, to one penalty when the law ex- 
 acts another. 55, 265, 266. 
 
 sentence, when reviewable on habeas cor- 
 pus. 87, 194-197. 
 
 XI. Appeal. 
 
 appeal by state after acquittal. 48, 213- 
 215. 
 
 appeal from conviction for delay in bring- 
 ing accused to trial. 85, 202. 
 
 appeal, right of, after acquittal. 48, Zli. 
 
 reversal by reason of misconduct of coun- 
 sel in argument. 9, 559-570. 
 
 XII. Successive Offenses. 
 
 Second offense. 
 
 second offense, act increasing punishment 
 for, as ex post facto law. 37, 589, 590. 
 
 second offense, committed after the en- 
 actment of a, statutes increasing the 
 penalty for a second conviction. 64, 
 379-381. 
 
 second offense, statutes imposing a great- 
 er penalty for. 64, 378-382. 
 
 second offense, statutes imposing a great- 
 er penalty for, are not ex post facto 
 laws. 69, 379. 
 
 second offense, statutes imposing increased 
 penalty do not inflict crueli and un- 
 usual punishments. 64, 382. 
 
 second offense, statutes imposing increased 
 penalty for, do not put the offender 
 twice in jeopardy for the same offense, 
 64, 382. 
 
 constitutionality of statutes imposing a 
 heavier penalty for second 6ffense. 64, 
 378-382. 
 
 cruel and unusual punishment, statutes 
 imposing an increased penaltv for a 
 second offense do not authorize. 64, 
 382. 
 
 CRIMINATING TESTIMONY. 
 
 privilege of witnesses as to. 75, 318-347. 
 
 CROPS. 
 
 chattel mortgage on. 18, 770, 771. 
 
 description of, in chattel mortgage. 14, 
 246, 247. 
 
 homestead, whether liable for debts cre- 
 ated for supplies for. 45, 385. 
 
 injury to, as an element of damage in 
 condemnation proceedings. 85, 298. 
 
71 
 
 INDEX-DIGEST TO NOTES. 
 
 Damages 
 
 Crops — Continued. 
 
 lien on, reserved by landlord. 14, 166-168. 
 
 not grown, sales of. 81, 44. 
 
 on homestead, whether subject to execu- 
 tion. 34, 493, 494. 
 
 right to be put in possession of, under 
 writ of possession. 15, 59. 
 
 CROSS-EXAMINATION. 
 
 attacking credibility of witness on. 82, 
 28-37. 
 
 latitude allowed in. 14, 480, 481. 
 
 of one's own witness to aflfect his credi- 
 bility. 90, 40-42. 
 
 of witness, privilege as to criminating tes- 
 timony. 75, 332-339. 
 
 See Witnesses. 
 
 CRUELTY. 
 
 as a recrimatorv defense in divorce. 86, 
 
 339-341. 
 as ground for divorce. 12, 877, 878; 65, 
 
 69-83. 
 liability of shipowner for, of officers 
 
 toward seamen. 31, 807. 
 to animals as a crime. 78, 240. 
 
 COTENANCY. 
 
 See Tenancy in Common. 
 
 CURTESY. 
 
 husband's interest as tenant by. 12, 85. 
 subsequent statutes cannot destroy right 
 of. 84, 444-446. 
 
 CURTILAGE. 
 
 of dwelling-house, in burglary. 2, 388. 
 
 CUSTODY. 
 
 in larceny, distinguished from possession. 
 
 88, 575-584. 
 
 possession distinguished from, in embez- 
 zlement. 87, 31-35. 
 
 of books and papers to be inspected at 
 trial. 41, 396. 
 
 of dead bodies, also entitled to. 75, 425. 
 
 of child. 6, 664, 688. 
 
 of child awarded to mother on divorce. 
 47, 314-317. 
 
 of child, parent's right to, and how vin- 
 dicated. 2, 183-187. 
 
 of property of sleeping-car passenger. 26, 
 337. 
 
 of ward's persop by guardian. 89, 275- 
 280. 
 
 of ward's personal property by guardian. 
 
 89, 280-282. 
 
 CUSTOMS AND USAGES. 
 
 cannot contravene a rule of law. 11, 632. 
 deposit debris, no right to, given by. 30, 
 
 556. 
 may explain terms in a writing. 11, 632. 
 respecting collection of commercial paper 
 
 by banks. 77, 628. 
 respecting reinsurance. 45, 442, 444. 
 
 or PRES. 
 
 doctrine of, not exist in New York. 27, 
 W8. 
 
 DAIRY PRODUCTS. 
 
 adulteration of, as a crime. 78, 243. 
 
 DAMAGES. 
 
 I. Damages Generally. 
 
 II. AgrgraTatlon and Mitigation ot Dam- 
 
 ages. 
 
 III. Elxemplary Damages. 
 
 IV. Measure of Damages. 
 
 I. Damages Generally. 
 
 Damages in general. 
 
 attorney's fees as element of damages. 
 8, 158-161. 
 
 attorney's fees as, in action for malicious 
 prosecution. 26, 163. 
 
 expenses for medical attendance, nursing, 
 and funeral in action for death of 
 human being. 12, 381. 
 
 for breach of warranty of title. 24, 266- 
 268. 
 
 for errors of abstracters. 72, 317. 
 
 for failure to repair partition fence. 54, 
 513, 514. 
 
 for impairment of mortgagee's security. 
 43, 435, 436. 
 
 for injuries to dogs. 67, 292. 
 
 for loss of contraet or employment, for 
 failure to deliver telegram. 10, 783. 
 
 for loss of profits, because of failure to 
 deliver telegram. 10, 780-782. 
 
 for mutilation of dead bodies. 75, 428. 
 
 for negligence of telegraph companies. 
 10, 711, 712. 
 
 for prevention of sale, by failure to de- 
 liver telegram. 10, 782, 783. 
 
 for public use for which compensation 
 must be made. 4, 399-405. 
 
 for seduction. 76, 660-665. 
 
 for violating right to lateral support. 33, 
 472-476. 
 
 for wrongful seizure of vessel. 68, 271. 
 
 in action for false representation. 18, 
 561, 562. 
 
 in eminent domain, for taking corporate 
 property. 9, 144-147. 
 
 in nature of demurrage, when recovei'able 
 without contract. 30, 636-638. 
 
 interest as damages. 91, 731-743. 
 
 loss of society as damages in action for 
 causing another's death. 12, 376. 
 
 prospective losses, in action for death of 
 another. 12, 380. 
 
 recoverable by landowners for injuries 
 resulting from the maintenance and 
 operation of railways. 5, 537-540. 
 
 recoverable in libel cases. 15, 339-342. 
 
 right of person to recover damages for 
 failure of other party to perform con- 
 tract not valid under statute of frauds. 
 6, 495-497. 
 
 to business, what recoverable. 36, 850. 
 
 wealth, as element in damages for caus- 
 ing another's death. 12, 378. 
 
 what are proper elements of damage in 
 actions against telegraph companies 
 for failure to send or deliver messages. 
 10, 778-790. 
 
Damages 
 
 INDEX-DIGEST TO NOTES. 
 
 72 
 
 Fright as an element of damages. 
 
 fear of injury to another. 77, 871, 872. 
 
 injuries, what deemed to be attributable 
 to. 77, 865. 
 
 mere fright which produces injury. 77, 
 867-871. 
 
 proximate results of, what are not. 77, 
 863. 
 
 resulting from injuries done to property. 
 77, 872, 873. 
 
 wanton or intentional wrong causing. 77, 
 867. 
 
 damages for, cannot be recovered where 
 there is no other injury. 77, 860. 
 
 damages for mental anxiety resulting 
 from. . 77, 871, 872. 
 
 damages for physical injuries resulting 
 from. 77, 862-864. 
 
 damages for, when accompanied by con- 
 temporaneous injuries. 77, 860. 
 
 damages for, when accompanied by per- 
 sonal injuries. 77, 860-862. 
 
 Mental suffering, damages for. 
 
 damages for, in action for malicious 
 
 prosecution. 26, 163. 
 damages for, in wrongful attachment. 68, 
 
 272, 273. 
 for failure to deliver telegram. 10, 788- 
 
 790. 
 in actions against telegraph companies. 
 
 7, 539. 
 in action by parent. 7, 536. 
 in action for assault and battery. 7, 535. 
 in action for breach of contract. 7, 534. 
 in action for breach of marriage contract. 
 
 7, 534. 
 in action for causing death of human 
 
 being. 12, 376, 376. 
 in action for false imprisonment and ma- 
 licious arrest. 7, 535. 
 in action for libel and slander. 7, 535. 
 in actions for negligence resulting in 
 
 death. 7, 535. 
 in action for personal injuries. 7, 536. 
 in actions of torts.. 7, 535. 
 in actions of unlawful detainer. 7, 536. 
 mental anguish as element of damages. 
 
 7, 534, 535. 
 
 II. Ae:sriivatioii and lUltisatioii of 
 Uainagres. 
 
 Aggravation of damages. 
 
 unskillful medical treatment may enhance. 
 36, 845. 
 
 Mitigation of damages. 
 
 by advice of attorney, in wrongful attach- 
 ment. 68, 276, 277. 
 
 by return of personal property converted. 
 24, 811. 
 
 concurrent negligence of another not 
 mitigate liability of defendant. 16, 
 262, 253. 
 
 duty of injured person to lesson his dam- 
 age. 6, 365. 
 
 fact that person injured was suffering 
 from disease. 10, 64-66. 
 
 in action for malicious prosecution. 26, 
 164. 
 
 in libel cases. 15, 339-342. 
 
 in seduction. 76, 662-665. 
 
 Mitigation of damages — Continued. 
 
 in slander and libel, by proving that de- 
 fendant did not originate the charges. 
 55, 611-613. 
 
 of exemplary damages. 28, 875, 876. 
 
 recoupment for failure to complete build- 
 ing. 43, 904, 905. 
 
 III. Bxemplary Damages. 
 
 Exemplary damages. 
 
 actual damages necessary to sustain. 28, 
 
 883. 
 actual malice not essential. 59, 591. 
 advice of counsel may be proved in miti- 
 gation of. 28, 876. 
 against corporations. See Corporations, 
 against railroads. 59, 602, 608. 
 against street railway corporations. 59, 
 
 608. 
 attorneys' fees as vindictive damages. 8, 
 
 158. 
 bad motives necessary to sustain. 28, 878. 
 carriers, liability of, for. 28, 881, 882. 
 cases denying right to. 28, 871-874. 
 corporations, liability of, for. 59, 589-60n. 
 corporations, when liable for. 28, 876, 
 
 877. 
 criminal torts, punishment for, effect on 
 
 civil action. 28, 882. 
 courts may set aside excessive verdict for. 
 
 28, 783. 
 death of wrongdoer destroys right to. 
 
 28, 875. 
 equity will not allow. 28, 874. 
 excessive exemplary damages, verdict set 
 
 aside for. 28, 783. 
 exemplary damages, when proper. 9, 777. 
 exemplary or punitive damages. 28, 870- 
 
 883. 
 for acts of servants. 54, 327. 
 for assault and battery. 28, 880. 
 for assault upon passenger by carriers' 
 
 servants. 32, 99, 100. 
 for breach of promise to marry. 28, 874. 
 for enticing away a wife or servant. 28, 
 
 881. 
 for forcible entry on land. 28, 880. 
 for levying on exempt property. 28, 879. 
 for maintaining a nuisance. 28, 880. 
 for malicious prosecution. 28, 881. 
 for refusal to perform an official duty. 
 
 28, 881. 
 for selling liquor to drunkards. 28, 880. 
 for slander or libel. 28, 880. 
 for suing out an attachment. 28, 879. 
 for torts, conflict of laws as to. 91, 728. 
 for trespass. 28, 879, 880. 
 for wrongful attachment. 08, 277, 278. 
 good faith relieve defendant from liabil- 
 ity. 28, 875. 
 in actions for abuse of process. 86. 410, 
 
 411. 
 in action for malicious prosecution. 26, 
 
 163, 164. 
 in actions for personal injuries. 28, 880. 
 in actions upon contracts. 28, 874. 
 infants, whether liable in. 28, 875. 
 insane persons not liable in. 28, 875. 
 jury may award or not. 28, 883. 
 malice, recklessness, and fraud sustain. 
 
 28, 878, 879. 
 mitigation of. 28, 875, 876. 
 
INDEX-DIGEST TO NOTES. 
 
 Damages 
 
 Exemplary damages — Continued. 
 
 mvinieipal corporations not liable for. 28, 
 
 877. 
 negligence, when ground for. 28, 877, 
 
 878. 
 passenger, when may recover. 28, 877. 
 principals and masters, whether liable for 
 
 acts of agents and servants. 28, 876. 
 provocation may be shown in mitigation 
 
 of. 28, 876. 
 pimitive damages for death of another not 
 
 recoverable. 12, 377, 378. 
 torts for which not allowable. 28, 878, 
 
 879. 
 wantonness, allowance of, for. 28, 879. 
 when recoverable. 11, 65, 66. 
 
 IV. Measure of Damages. 
 
 Measure of damages, 
 
 action for death of another, damages 
 where none allowed at place of injury. 
 91, 726, 727. 
 
 against liquor seller for injuries by in- 
 toxicated person. 85, 453, 454. 
 
 attorneys' fees as an element in wrongful 
 attachment. 68, 273, 274. 
 
 bond given in one state, sued on in an- 
 other, measure of damages where. 91, 
 
 724, 725. 
 
 breach of warranty of title, interest as 
 damages for. 24, 268. 
 
 carrier limiting liability in case of loss 
 of goods. 88, 105-113. 
 
 caused by change in grade of street. 30, 
 845-850. 
 
 conflict of law as to contracts. 91, 716- 
 725. 
 
 conflict of laws as to measure of damages. 
 91, 714-743. 
 
 conventional interest as an element of 
 damages. 91, 731, 732. 
 
 elevated railroads, damages for occupation 
 of streets by. 26, 497-507. 
 
 eviction, damages in case of. 24, 268. 
 
 measure of damages for breach of con- 
 tract. 32, 655. 
 
 for breach of covenant for quiet enjoy- 
 ment. 53, 116-120. 
 
 for breach of warranty of title. 24, 266- 
 268. 
 
 for carelessness of druggists. 55, 257, 
 258. 
 
 for conversion of collateral security. 32, 
 
 725, 726. 
 
 for delay in transportation of goods. 11, 
 
 360, 366. 
 for destruction of family portraits. 66, 
 
 797. 
 for destruction of property, compensation 
 
 for actual loss is the fundamental prin- 
 ciple of. 62, 794. 
 for destruction of property, cost of re- 
 
 plaxjing property, when a test of. 62, 
 
 796, 797. 
 for destruction of property, cost of taking 
 
 it to the nearest market place, whether 
 
 must be added or deducted. 02, 799, 
 
 800. 
 for destruction of property having no 
 
 market value at the place where 
 
 destroyed. 62, 798, 799. 
 
 Measure of damages — Continued. 
 
 for destruction of property having no 
 market value at the time and place of 
 destruction. 62, 791-800. 
 
 for destruction of property, market value, 
 absence of, what tests must then be ap- 
 plied. 62, 794. 
 
 for destruction of property, market value, 
 when a proper test. 62, 791, 792. 
 
 for destruction of property, original cost, 
 when a test. 62, 796, 797. 
 
 for destruction of secondhand furniture 
 and wearing apparel. 62, 793, 794. 
 
 for destruction of special value of prop- 
 erty to its owner, when may be taken 
 into consideration. 62, 792, 793. 
 
 for failure to supply water for irrigation. 
 81, 491. 
 
 for negligence, in causing fire. 30, 507. 
 
 for nuisances. 20, 176, 177. 
 
 for obstruction of navigable stream. 57, 
 696, 698. 
 
 for personal injuries, evidence of number 
 and ages of plaintiff's children not ad- 
 missible to enhance damages. 85, 837- 
 839. 
 
 for personal injuries, evidence that plain- 
 tiff has wife and children inadmissible, 
 to enhance damages. 85, 839. 
 
 for personal injuries, not show that 
 plaintiff is a man of family, to enhance 
 damages. 85, 835-837. 
 
 f6r vacating streets. 46, 493. 
 
 for violating right to lateral support. 33, 
 474-476. 
 
 for wrongful attachment. 68, 266-280. 
 
 for wrongful sale under chattel mortgage. 
 16, 501. 
 
 ignorance of the measure of damages. 55, 
 501. 
 
 in action against notary for wrongfully 
 
 . protesting a note. 82, 388. 
 
 in action for abuse of process. 86, 410, 
 411. 
 
 in action for alienating husband's affec- 
 tions. 46, 477, 478. 
 
 in action for false representation. 18, 
 562. 
 
 in action for death of minor. 12, 381, 
 382. 
 
 in action for enticing away servant. 11, 
 478. 
 
 in actions for having caused the death of 
 a human being. 12, 375-383. 
 
 in action for malicious prosecution. 26, 
 162-164. 
 
 in actions on appeal bonds. 38, 715-717. 
 
 in cases of demurrage. 30, 639. 
 
 in condemnation proceedings. 85, 291- 
 314. 
 
 See Eminent Domain. 
 
 in eminent domain. 19, 459, 460. 
 
 in eminent domain proceedings. 22, 50- 
 52. 
 
 in eminent domain, speculative. 19, 460. 
 
 injuries to child, evidence of number in 
 father's family inadmissible to enhance 
 damages. 85, 839. 
 
 in replevin against officer. 25, 258. 
 
 interest as an element of damages. 91, 
 731-743. 
 
Dams 
 
 INDEX-DIGEST TO NOTES. 
 
 74 
 
 Measure of damages — Continued. 
 
 interest as damages, conflict of law of 
 place of making and place of perform- 
 ance of contract. 91, 732-734. 
 
 interest as damages, eflfect of lex fori. 
 91, 735-741. 
 
 interest as damages, effect of lex loci rei 
 sitae. 91, 734. 
 
 interest as damages in tort actions. 91, 
 740, 741. 
 
 interest as damages, statutes controlling. 
 91, 743. 
 
 interest allowed in actions on bills of ex- 
 change. 91, 740. 
 
 interest allowed in actions on contract, 
 lex fori, whether controls. 91, 738, 739. 
 
 interest allowed in actions on corporate 
 and municipal bonds. 91, 740. 
 
 interest allowed on domestic judgment 
 on foreign cause of action. 91, 737, 738. 
 
 interest allowed in actions on foreign 
 judgments. 91, 735-737. 
 
 interest allowed in actions on foreign 
 judgments, law of place where judgment 
 rendered controls. 91, 735, 736. 
 
 interest allowed in actions on foreign 
 judgments, when judgment specifies 
 rate. 91, 737. 
 
 interest allowed in actions on promissory 
 notes. 91, 739, 740. 
 
 interest allowed on bills of exchange as 
 damages. 91, 733, 734. 
 
 interest allowed on promissory notes as 
 damages. 91, 733. 
 
 interest imposed as additional damages. 
 91, 731, 732. 
 
 interest of foreign country, courts do 
 not take judicial notice of. 91, 741. 
 
 interest of foreign country if not proved, 
 what law governs rate. 91, 742, 743. 
 
 interest of foreign country if not proved, 
 whether any interest allowed. 91,. 741, 
 742. , 
 
 interest, whether allowed in actions on 
 foreign judgments. 91, 736. 
 
 lex fori, effect of, upon damages. 91, 720- 
 725. 
 
 lex fori, effect where forum is different 
 from place of making or performance of 
 contract. ' 91, 721, 722. 
 
 lex fori, effect where suit is brought where 
 contract is made or to be performed. 
 91, 722-724. 
 
 lex loci rei sitae, effect of, on damages. 
 91, 717. 
 
 loss of credit as element in wrongful at- 
 tachment. 68, 272, 273, 279. 
 
 loss of profits as element in wrongful at- 
 tachment. 68, 272. 
 
 negotiable instruments, conflict of laws 
 as to measure of damages on. 91, 718- 
 720. 
 
 negotiable instruments secured by mort- 
 gage in foreign state, damages on fore- 
 closure. 91, 719, 720. 
 
 place of making contract is place of part 
 performance, measure of damages 
 where. 91, 717, 718. 
 
 suits by widow to recover for husband's 
 death, number of children may be 
 shown to enhance damages. 85, 840. 
 
 Measure of damages — Continued. 
 
 suit for death of supporter, may show 
 number of dependents to establish 
 amount of damages. 85, 841, 842. 
 
 stipulation in telegraph blanks as to. 61, 
 216, 217. 
 
 torts based upon contract relation, con- 
 flict of laws respecting damages for. 
 91, 725, 726. 
 
 torts, conflict between law of place of in- 
 jury and law of forum as to damages 
 for. 91, 726-728. 
 
 torts, conflict of laws respecting damages 
 for. 91, 725, 731. 
 
 torts, exemplary damages, conflict of laws 
 as to. 91, 728. 
 
 torts, lex loci delicti governs in fixing 
 damages. 91, 729, 730. 
 
 torts, lex loci delicti, rule that it does not 
 govern in fixing damages. 91, 730, 731. 
 
 torts, penalties for, not enforced in other 
 states. 91, 728, 729. 
 
 DAMS. 
 
 diminish flow of streams by, right to, 
 
 for reasonable use. 85, 709-715. 
 prescriptive right to. 76, 485. 
 private, taxation for. 16, 370. 
 
 DANGEB. 
 
 death by voluntary exposure to. 12, 272- 
 274. 
 
 DANGEROUS. 
 
 articles, accidents which are probable re- 
 suit of. 36, 815. 
 
 machinery, children injured by. 49, 419, 
 420. 
 
 machinery, what is not. 49, 420, 421. 
 
 DEAD BODIES. 
 
 coroner ordering autopsy not liable for 
 
 mutilation of. 75, 428. 
 custody and burial et, who entitled to. 
 
 75, 425. 
 damages for mutilation of, mental suffer- 
 ing an element. 75, 428. 
 disinterment of, an indictable offense. 
 
 75, 426, 427. 
 injunction by heirs to prevent removal of. 
 
 75, 427-429. 
 mutilation of, damages for, may be re- 
 covered by one entitled to custody of. 
 
 75, 428. ■' 
 
 of child, right of parent to bury. 75, 426. 
 of wife, right of husband to bury. 75, 
 
 425. ■' 
 
 possession of, after burial, who entitled to. 
 
 75, 425, 426. 
 possession of, before burial, who entitled 
 
 to. 75, 425. 
 property in, none at common law. 75, 
 
 424, 425. 
 public cemeteries, rights in, of one who 
 
 buries his dead there. 75, 427, 430. 
 regulations of boards of health respecting. 
 
 80, 234. 
 removal of, after burial, right of next of 
 
 kin to. 75, 428, 429. 
 
75 
 
 INDEX-DIGEST TO NOTES. 
 
 Death 
 
 Dead bodies — Continued. 
 
 removal of, by landowner or tomb owner. 
 75, 429, 430. 
 
 removal of, right to after burial. 75, 428- 
 430. 
 
 removal of, when criminal. 78, 241. 
 
 replevin not lie to recover coflSn contain- 
 ing. 75, 426. 
 
 rights in and to, and the remedies fov 
 their enforcement. 75, 424-430. 
 
 will, one may dispose of liis own remains 
 by. 75, 425. 
 
 DEATH. 
 I. Geuerally. 
 II. Action for i;uuslns Death. 
 
 I. Generally. 
 
 Death in general. 
 
 by accident, what is. 8, 763-766. 
 
 by voluntary exposure. 12, 272-274. 
 
 civil death. 6, 379-383. 
 
 conveyance to take effect after, whether 
 a deed or will. 49, 219-222. 
 
 deeds delivered after, unavailing. 63, 
 554, 555. 
 
 from known violation of law, effect on 
 life insurance policy. 60, 160-165. 
 
 of liusband, presumption of, arising trom 
 absence. 64, 868. 
 
 of one partner, effect on rights of credit- 
 ors. _ 43, 375-377. 
 
 of patient not remove seal of secrecy as 
 to physician. 17, 569, 570. 
 
 of property owner, effect on mechanic's 
 lien. 43, 778, 779. 
 
 of surety on appeal bond, effect of. 38, 
 713. 
 
 of trustees, effect of. 19, 290. 
 
 judgment for or against a deceased per- 
 son. 29, 817. 
 
 partnership after death. 79, 709-716. 
 
 presumption of, of spouse after seven 
 years' absence. 89, 199. 
 
 revocation of parol license by. 31, 714, 
 715. 
 
 sense of impending, necessity for, to ren- 
 der dying declarations admissible. 86, 
 564-663. 
 
 standard life table admissible to show 
 probable duration of life. 12, 380. 
 
 sureties, liability of, not terminated by. 
 63, 63. 
 
 termination of contract by. 22, 814, 815. 
 
 II. Action for Causing Death. 
 
 Right of action. 
 
 action to recover for, cannot be sustained 
 unless decedent could have recovered 
 for his injury had he survived. 70, 680. 
 
 action for, could not be sustained at the 
 common law. 70, 670. 
 
 action for death of infant. 12, 382, 383. 
 
 action for wrongful act causing death in 
 another state. 14, 353, 354. 
 
 admiralty courts, when may enforce lia- 
 bility for causing. 70, 681. 
 
 brother or sister of, when may recover for. 
 70, 675. 
 
 children, when not necessary parties to 
 action fbr. 70, 678. 
 
 Right of action — Continued. 
 
 children, who may recover as. 70, 679, 
 680. 
 
 classification of statutes creating rights 
 of action. 70, 676. 
 
 dependents, who are within the meaning 
 of statutes creating causes of action 
 for. 70, 679. 
 
 father and mother, when must join in ac- 
 tions for death of child. 70, 678. 
 
 father's right to recover for the death of 
 his child. 70, 678. 
 
 heirs, all must join in action for. 70, 678. 
 
 heirs, who may sue for as. 70, 672. 
 
 instantaneous death from injury, recov- 
 ery for. 70, 676, 677. 
 
 Lord Campbell's act creating liability for. 
 70, 672. 
 
 marine torts, when create cause of action 
 for. 70, 681. 
 
 negligence, contributory, of decedent pre- 
 cludes recovery for. 70, 684. 
 
 parents, dependency on child, whether nec- 
 essary to entitle to recover for his 
 death. 70, 679. 
 
 parties plaintiff in action to recover for. 
 70, 678. 
 
 recovery by one beneficiary for, when pre- 
 cludes recovery by another. 70, 683, 
 684. 
 
 release by decedent in his lifetime, when 
 does not preclude recovery by benefi- 
 ciaries. 70, 683, 684. 
 
 release by personal representatives, 
 whether affects widow and next of kin. 
 70, 685. 
 
 release by widow, whether binds next of 
 kin. 70, 685. 
 
 right of action for, is statutorv. 70, 669- 
 672. 
 
 statutes creating liability for tortiously 
 causing. 70, 672-675. 
 
 suit by one beneficiary, when bars right 
 of suit by others. 70, 682. 
 
 ward's death, action by guardian for. 
 89, 280. 
 
 who may sue for causing death of human 
 being. 12, 375, 376. 
 
 widow, when may sue for the death of 
 her husband. 70, 673. 
 
 Ahatement of action. 
 
 abatement of action for. 70, 681-686. 
 
 abatement of action for, by the death 
 of the beneficiary. 70, 685. 
 
 abatement of action for, by the death of 
 the wrongdoer. 70, 685, 686. 
 
 abatement of one action for, by the pend- 
 ency of another. 70, 683. 
 
 Defenses. 
 
 defense that person killed was suffering 
 
 from disease. 10, 64-66. 
 limitations, statutes of, in action for 
 
 causing. 70, 686, 687. 
 
 Damages. 
 
 action by dependent for death of sup- 
 porter, may show number of dependents 
 to establish amount of damages. 85, 
 841, 842. 
 
 action by widow, may show number of 
 children to enhance damages. 85, 840. 
 
Debt 
 
 INDEX-DIGEST TO NOTES. 
 
 Damages — Continued. 
 
 amount collected on life insurance whether 
 deducted. 12, 380, 381. 
 
 conflict of laws respecting. 91, 726, 727. 
 
 damages generally. 12, 375-377. 
 
 effect of subsequent marriage of widow 
 or widower. 12, 381. 
 
 elements and measure of damages in ac- 
 tions for having caused the death of 
 human beings. 12, 375-383. 
 
 exemplary damages against corporations. 
 59, 599. 
 
 damages for death of minor. 12, 381, 382. 
 
 liability for death, when illness increased 
 injuries. 36, 828. 
 
 loss of pension or annuity. 12, 381. 
 
 measure of damages under most of stat- 
 utes. 12, 378-380. 
 
 mental anguish as element of damages. 
 7, 535. 
 
 not usually allowed for suffering of de- 
 ceased. 12, 377. 
 
 punitive damages not recoverable. 12, 
 377, 378. 
 
 to children for death of parents. 12, 382. 
 
 DEBT. 
 
 action for, amendments to pleadings in. 
 
 51, 423. 
 collateral security of. 32, 711-731. 
 garnishment of, in state where creditor 
 
 does not reside. 19, 145-150. 
 imprisonment for, contempt, imprisonment 
 
 for, not within the prohibition against. 
 
 37, 763, 764. 
 imprisonment for, contract debts fall 
 
 within the statutory prohibition 
 
 against. 37, 758. 
 imprisonment for, costs of criminal pro- 
 ceedings, obligation to pay prohibition 
 
 against, not applicable to. 37, 761, 762. 
 imprisonment for, criminal proceedings, 
 
 not within the prohibition against. 37, 
 
 761. 
 imprisonment for, discharge of persons. 
 
 37, 764, 765. 
 imprisonment for, fraud, cases of, not 
 
 within the prohibition against. 37, 
 
 758-760. 
 imprisonment for, fraudulent debtors not 
 
 protected. 37, 758-760. 
 imprisonment for, judgment, whether a 
 
 debt within the prohibition against. 
 
 37, 762, 763. 
 imprisonment for, meaning of, as used in 
 
 constitutional prohibitions against im- 
 prisonment. 37, 758. _ 
 imprisonment for, statutes which violate 
 
 prohibitions against. 37, 758-765. 
 imprisonment for, support bastard child, 
 
 obligation to, whether a debt. 37, 762. 
 imprisonment for, tort, proceedings in, not 
 
 within the prohibition against. 37, 760, 
 
 761. 
 joint and separate whether may be setoff. 
 
 47, 590, 591. 
 of another, promise to pay. 42 194. 
 of corporation, liability of stockholders 
 
 for. 3, 806-873. 
 pre-existing, pledge to secure. 32, 712- 
 
 714. 
 prohibitions against municipal. 44, 229- 
 
 243. 
 
 Deb t — Continued. 
 
 situs of, for purpose of garnishment. 69, 
 113-127. 
 
 suits on contract to pay the debts of a 
 third person. 71, 199-202. 
 
 trusts to secure payment of. 19, 274, 275. 
 
 what are, for which stockholders are lia- 
 ble. 3,844. 
 
 DECEASED PERSONS. 
 
 judgments for or against. 29, 816-819. 
 See Executors and Administrators. 
 
 DECEIT. 
 
 action for, when sustainable. 18, 555-563. 
 See Fraud. 
 
 DECOY. 
 
 of person, to commit burglary. 2, 387. 
 of person within jurisdiction. 6, 180. 
 use of, to detect crime. 72, 701-703. 
 
 DEDICATION. 
 
 acceptance essential to. 15, 31. 
 
 of highways. 57, 749-762. 
 
 of lands for use as a street, what is. 15, 
 
 30-33. 
 of property to public use. 10, 189. 
 revocation of. 15, 31. 
 
 DEEDS. 
 
 I. Requisites and Validity. 
 II. Recording- 
 III. Construction and Operation, 
 
 I, Reanlsltes and Validity. 
 
 Acceptanoe. 
 
 acceptance of, when presumed. 53, 545, 
 546. 
 
 Acknowledgment. 
 
 acknowledgment by married women, suffi- 
 ciency of. 6, 642, 643. 
 
 acknowledgment of. See Acknowledg- 
 ment. 
 
 acknowledgment of, effect of interest of 
 officer. 56, 798-803. 
 
 certiiicate of acknowledgment of deeds, 
 conclusiveness of. 54, 150-159. 
 
 impeaching acknowledgments. 6, 643. 
 
 Alteration. 
 
 alteration of, material and unauthorized. 
 86, 84-102. 
 
 Consideration. 
 
 consideration of, cannot be disproved for 
 
 the purposes of avoiding. 65, 798. 
 consideration, nominal does not prevent a 
 
 transaction from being a gift. 65, 799, 
 
 800. 
 deeds of gift, what are. 65, 798. 
 
 Delivery. 
 
 acknowledgment as evidence of. 53, 548. 
 after the grantor's death is unavailing. 
 
 53, 554, 555. 
 at grantor's death. I, 243. 
 by mail, when becomes effective. 53, 550. 
 conditional. 53, 540. 
 consent of the grantee is essential. 53, 
 
 544. 
 
INDEX-DIGEST TO NOTES. 
 
 Deeds 
 
 Delivery — Continued. 
 
 consent of the grantor is essential to. 53, 
 538, 539. 
 
 constructive. 53, 541. 
 
 delivery of. 53 537-556. 
 
 in escrow. 53, 555, 556. 
 
 is essential. 1, 242, 243. 
 
 manual is not effective where there is no 
 intention to deliver. 53, 540, 542. 
 
 record as evidence. 53, 547-549. 
 
 recording does not supply want of. 53, 
 538. 
 
 recording, not dispense with. 1, 243. 
 
 recording of, when equivalent to. 53, 549. 
 
 recording with intent that it shall oper- 
 ate as a delivery. 53, 549. 
 
 requires an intent on the part of the 
 maker that it shall take effect. 53, 
 538-544. 
 
 retention of possession, when not incon- 
 sistent with. 53, 543, 544. 
 
 to agent of the grantee. 53, 540. 
 
 to another than the grantee. 53, 540. 
 
 to the beneficiary ds sufficient, though he 
 is not named as a grantee. 53, 540. 
 
 to third person, for use of the grantee. 
 53, 552. 
 
 to infants and other incompetent persons. 
 53, 546. 
 
 what constitutes. 53, 537, 541. 
 
 when complete. 53, 539, 544. 
 
 Description of grantee. 
 
 to a fictitious person, effect of. 84, 238. 
 to corporations not in existence, effect of. 
 
 84, 239. 
 to grantee en ventre sa mere, effect of. 
 
 84, 237, 238. 
 to grantee not yet in being. 84, 236, 237. 
 to grantee who is dead, effect of. 84, 
 
 237. 
 to heirs of a living person, effect of. 84, 
 
 238, 239. 
 to persons not in being. 84, 236-241. 
 to person not in being of an estate in 
 
 remainder, effect of. 84, 239, 240. 
 to person not in being of an immediate 
 
 estate, effect of. 84, 236-239. 
 to person not in being of future estate, 
 
 effect of. 84, 239-241. 
 to the estate of a named person, effect 
 
 of. 84, 239. 
 to trustees for beneficiaries not in be- 
 ing, effect of. 84, 241. 
 
 Desoription of property. 
 
 description of property, general, is .suffi- 
 cient. 66, 60, 61. 
 
 description sufficient to give color of 
 title. 88, 708-710. 
 
 generality of description in does not pre- 
 vent it from imparting notice to subse- 
 quent purchasers. 66, 61. 
 
 grant of lands reserving minerals and of 
 minerals reserving land. 24, 554. 
 
 grant of minerals, form of. 24, 554, 555. 
 
 of one's estate is a sufficient description. 
 66, 60. 
 
 Disaffirmance. 
 
 disaffirmance of, by infants. 18, 659-695. 
 disaffirmance of, by infant executing sec- 
 ond deed. 18, 665-667. 
 
 Persons executing. 
 
 by fictitious name. 23, 85. 
 
 by infants. 18, 582-586. 
 
 by insane persons. 71, 430-433. 
 
 husband signing wife's deed. 23, 82-84. 
 
 wife signing husband's deed. 23, 83. 
 
 Ratification. 
 
 ratification of, by infants. 18, 713-715. 
 
 lieforma tion. 
 
 by suit in equity. 64, 506-509. 
 
 to exclude property improperly included 
 or to include property improperly ex- 
 cluded. 65, 510. 
 
 of sheriffs' deeds. 65, 514. 
 
 of tax deeds. 65, 514. 
 
 negligence in not discovering mistake in a 
 description of property, whether pre- 
 cludes relief. 65, 509. 
 
 mistake which will justify. 65, 511. 
 
 incorrect descriptions in. 65, 508. 
 
 for fraud or mistake. 65, 507. 
 
 for a mistake in a series of conveyances. 
 65, 509. 
 See Reformation of Instruments. 
 
 when executed by married women. 65, 
 509-512. 
 
 Revocation. 
 
 of trust deeds. 20, 858-864. 
 
 yalidity. 
 
 deeds of assignment for benefit of cred- 
 itors. 2, 25, 26. 
 
 forged, are void. 23, 84. 
 
 of deeds from wife to husband. 9, 323- 
 325. 
 
 void on face not constitute a cloud on 
 title. 45, 377. 
 
 What is a deed. 
 
 will, instriunent whether a deed or. 20, 
 345-347. 
 
 II. Recording' 
 
 binding effect on one not named as 
 grantor. 23, 82-85. 
 
 does not dispense with delivery. 1, 243. 
 
 does not supply want of delivery. 53, 
 538. 
 
 unrecorded deeds, effect as to subsequent 
 purchaser. 17, 289. 
 
 unstamped instruments. 84, 193. 
 
 when essential. 12, 238. 
 
 with intent that it shall operate as a. de- 
 livery. 53, 549. 
 
 III. Construction and Operation. 
 
 Oonstrtiotion generally. 
 
 absolute, as mortgage. 4, 707, 708. 
 after- acquired title, effect of, on deed. 
 
 41, 722, 723. 
 as revocation of parol license. 31, 714, 
 
 715. 
 assignment on deed, effect of. 31, 27, 28. 
 color of title, what deeds will constitute. 
 
 88, 716-723. 
 
 See Adverse Possession, 
 conveyance to take effect after grantor's 
 
 death. 49, 219-222. 
 conveyance to take effect after grantor's 
 
 death, when a will. 49, 221, 222. 
 
De Facto Corporations 
 
 INDEX-DIGEST TO NOTES. 
 
 78 
 
 Construction generally — Continued. 
 
 conveyance to take effect after grantor's 
 
 death, whether deed or will. 49, 219- 
 
 221. 
 deposit of, as equitable mortgage. 4, 697- 
 
 699. 
 disaffirmance of, by infants. 18, 675-679. 
 estate's tail, creation oi. 7, 429. 
 estoppel of married women by. 57, 170, 
 
 171. 
 evidence, tax deeds as. 28, 19, 20. 
 forfeiture of deeds, relief from. 86,55- 
 
 58. 
 "from" or "to" an object, meaning of. 
 
 28, 631, 632. 
 indorsement on deed, effect of. 31, 27, 
 
 28. 
 intent governs as to words sufficient to 
 
 convey land. 31, 26, 27. 
 laches in moving to vacate. 2, 803. 
 lands beneath navigable streams not in- 
 cluded unless named. 53, 297. 
 merger of contract of sale in deed. 16, 
 
 622-624. 
 "more or less," meaning of. 28, 631. 
 parol evidence to show warranty outside 
 
 of deed. 5, 199-201. 
 quitclaim, by mortgagee, passes no title. 
 
 1, 247. 
 quitclaim, effect of. 12, 238. 
 quitclaim, what passes by. 1, 247, 248. 
 reformation of, for mistake of law. 55,- 
 
 514, 515. 
 repugnant clauses in which controls. 60, 
 
 94. 
 wills, how distinguished from. 89, 494, 
 
 495. 
 wills in the form of deeds. 89, 494-499. 
 words sufficient to convey real estate. 31, 
 
 26-28. 
 
 Ancient deeds. 
 
 ancient deeds. 9, 302-304. 
 
 documents admissible in evidence as an- 
 cient deeds. 9, 304. 
 
 possession under ancient deed whether es- 
 sential. 9, 303, 304. 
 
 what constitute ancient deeds. 9, 302, 
 303. 
 
 A ppurtenances. 
 
 buildings pass as. 81, 866, 867. 
 conveyances, when include. 81, 765-767. 
 definition of. 81, 764. 
 easements in other lands of the grantor, 
 
 when pass as. 81, 765. 
 incidents which pass as. 81, 765. 
 lands, when pass as. 81, 767, 768. 
 light and air, rights of which do not pass 
 
 as. 81, 771. 
 minernls, conveyances of, what pass with. 
 
 81, 767. 
 personal property, when passe? as. 81, 
 
 770. 
 sewers and drains, v/hen pass as 81, 770. 
 water rights, when pass as. 81, 768, 769. 
 way, right of, pass as. 81, 767, 768. 
 
 Conditions precedent. 
 
 conditions in, whether precedent or sub- 
 sequent. 70, 833. 
 
 conditions precedent, impossibility of per- 
 formance. 70, 833. 
 
 Conditions subsequent. 
 
 cemetery, grant of land for purposes of 
 does not create. 79, 755. 
 
 consideration for a conveyance may show 
 that it is upon. 79, 759, 768, 769. 
 
 conveyance made in consideration of the 
 location of a railway or depot creates. 
 79, 759. 
 
 educational purposes, grant of lands for. 
 79, 758. 
 
 grant for specific purposes does not cre- 
 ate. 79, 753, 754. 
 
 grant of land for church or religious pur- 
 poses, whether creates. 79, 755. 
 
 highways, grant of land to be used for, 
 whether creates. 79, 760. 
 
 DE FACTO CORPORATIONS. 
 
 liability of officers and agents of. 48, 914. 
 stockholders of^ whetlier liable as part- 
 ners. 29, 600-603. 
 what are. 33, 181-184. 
 
 DEFINITIONS. 
 
 of abandonment of mining claims. 87, 
 
 403, 404. 
 of accretion and alluvion. 35, 307, 308. 
 of additional bonds. 10, 860. 
 of admissions. 6, 242. 
 of affinity. 21, 797; 79, 200. 
 of apex of mining claim. 58, 272, 273. 
 of appropriations. 22, 739. 
 of appropriation of water. 60, 802. 
 of appurtenances. 81, 764. 
 of arson. 71, 266. 
 of assessment of corporate stock. 76, 
 
 126. 
 of assignment of lease. 10, 558. 
 of attempt to commit crime. 20, 741. 
 of betterments. 81, 164. 
 of bias. 9, 744, 745. 
 of burglary. 2, 383. 
 of certificates of deposits. 75, 43, 44. 
 of charitable uses or trusts. 63, 248, 
 
 249. 
 of checks. 17, 807. 
 of civil death. 6, 380. 
 of cloud on title. 45, 373. 
 of collateral security. 32, 711. 
 of color of title. 88, 702. 
 of conditions subsequent. 70, 829; 79, 
 
 747, 748. 
 of confessions. 6, 242. 
 of consolidation of corporations. 89, 007- 
 
 612. 
 of conspiracy. 3, 474, 475. 
 of crime. 78, 236. 
 of descent or hereditarsr succession. 12, 
 
 82. 
 of due process of law. 20, 554. 
 of dwelling house. 2, 388. 
 of dying declarations. 86, 638. 
 of embezzlement. 87, 21. 
 of end and side lines of mining claim 
 
 58, 267. 
 of equity of redemption. 55, 100. 
 of estates tail. 7, 428. 
 of estrays. 8, 272. 
 of expectancies. 56, 339, 340. 
 of ex post facto laws. 37, 582-584. 
 of false imprisonment. 67, 408, 409. 
 of false pretense. 25, 378. 
 
INDEX-DIGEST TO NOTES. 
 
 Demand 
 
 Definition s — Co ntinued. 
 
 of filing. 15, 294. 
 
 of forfeiture of mining claims. 87, 405, 
 
 406. 
 of general and special laws. 21, 780, 781. 
 of guaranty of collection. 64, 393. 
 
 of head of family. 70, 107. 
 
 of heir. 12, 82. 
 
 of highways. 57, 744, 745. 
 
 of ignorance and error. 55, 494. 
 
 of independent contractor. 76, 382. 
 
 of insane delusions. 63, 81-86. 
 
 of involuntary manslaughter. 90, 571, 572. 
 
 of irreparable injury. 1, 374. 
 
 of judgment. 29, 82. 
 
 of kidiaping. 4, 447. 
 
 of kleptomania. 89, 386. 
 
 of laborers. 58, 304. 
 
 of laches. 2, 796. 
 
 of larceny. 88, 561. 
 
 of lateral support. 33, 446. 
 
 of lay days. 30, 639. 
 
 of legacies, general, specific, demonstra- 
 tive, and residuary. 8, 720-722. 
 
 of liberty of press. 15, 343. 
 
 of local and transitory actions. 22, 22. 
 
 of lottery. 16, 42. 
 
 of malice. 15, 337. 
 
 of malice, in action for malicious prose- 
 cution. 26, 150, 151. 
 
 of malice in libel. 15, 337. 
 
 of mayhem. 65, .771. 
 
 of mistake of fact. 55, 494, 496. 
 
 of mistake of law. 55, 494. 
 
 of mortgage. 7, 32. 
 
 of navigable. 19, 227, 228. 
 
 of nontrading partnership. 48, 441. 
 
 of nuncupative wills. 67, 572. 
 
 of party walls. 89, 925, 926. 
 
 of passenger. 61, 75. 
 
 of percolating watera. 07, 669. 
 
 of police power. 78, 236. 
 
 of preferred stock. 70, 227. 
 
 of privileged eommunijnti'jii.i. 66, ?I7, 
 218. 
 
 of promoters. 17, 163. 
 
 of proximate cause. 36, 809. 
 
 of public highway. 57, 745. 
 
 of public offices. 63, 181, 182. 
 
 of purchase on margin. 74, 470, 471. 
 
 of purprestures. 69, 271. 
 
 of reasonable doubt. 48, 566-568. 
 
 of receivers. 71, 353; 72, 29. 
 
 of reinsurance. 45, 442. 
 
 of republication of revoked will. 76, 249. 
 
 of residence. 48, 712. 
 
 of rule against perpetuities. 49, 118. 
 
 of rule in Shelley's case. 11, 100. 
 
 of seal. 50, 156. 
 
 of seduction. 76, 669, 665, 668. 
 
 of seduction as a crime. 76, 670. 
 
 of sound health. 10, 244. 
 
 of speedy trial. 85, 188, 189. 
 
 of strikes. 61, 706, 708. 
 
 of subletting. 10, 558. 
 
 of subrogation. 44, 731, 732. 
 
 of subscribing witnesses. 77, 640-642. 
 
 of tax. 2, 94, 8, 506, 507. 
 
 of telephone. 10, 128. 
 
 of trades union. o8, 869. 
 
 of trover. 24, 795-797. 
 
 of ultra vires. 70, 158. 
 
 of undue influence. 31, 670-673. 
 
 Definitions — Continued. 
 
 of unlawful trusts. 74, 236. 
 of vendor's lien. 83, 452. 
 of vice-principal. 75, 586. 
 of voluntary conveyance. 14, 739. 
 of wagers. 37, 697-701. 
 of waste. 14, 632. 
 of wills. 89, 486, 487. 
 of words "vacant" and "occupied" in in- 
 surance. 10, 390. 
 of writ of supersedeas. 67, 714, 715. 
 
 DELAY. 
 
 express companies' liability for. 61, 375, 
 379. 
 
 in applying for order to sell real property 
 of decedent to pay debts. 26, 23. 
 
 in prosecuting appeal, efi'ect of, on surety 
 on appeal bond. 38, 712. 
 
 in prosecuting suit, when fatal to con- 
 tinuation of rules of lis pendens. 56, 
 873, 874. 
 
 in transportation of goods, carrier's lia- 
 bility for. 11, 360-366. 
 
 in transporting livestock, when excusable. 
 63, 550, 551, 564. 
 
 DELEGATION. 
 
 of authority by infants. 18, 629-633. 
 
 of powers by agent to subagent. 50, 110- 
 
 124. 
 of trustee's power of sale. 19, 276, 277. 
 
 DELIEIUM TREMENS. 
 
 as insanity. 76, 89, 90. 
 
 DELIVERY. 
 
 fraudulent, of municipal bonds. 51, 854, 
 855. 
 
 not essential to a sale. 22, 866, 867. 
 
 of assignment of life insurance policy. 
 87, 491-494. 
 
 of contract, place of, when controls. 55, 
 47. 
 
 of deeds. 1, 242, 243. 
 
 of deed, what constitutes. 53, 537, 541. 
 
 of deeds, what is. 53, 537-556. 
 
 of goods by carrier to one claiming to be 
 the owner. 34, 731-734. 
 
 of goods to carrier, risk upon whom. 26, 
 451-453. 
 
 of manufactured goods, when waives de- 
 fects in. 37, 539, 540. 
 
 of negotiable instruments, fraud in pro- 
 curing. 37, 458-460. 
 
 of negotiable instruments, want of, as a 
 defense. 11, 313, 314. 
 
 of official bonds, essential to validity. 90, 
 189. 
 
 of papers for filing. 15, 295, 296. 
 
 of property by carrier. 9, 511-514. 
 
 of property of voluntary trust, necessity 
 for. 34, 213, 214. 
 
 DEMAND. 
 
 in embezzlement, for return of property, 
 whether essential. 87, 40-42. 
 
 necessity of, before bringing suit to re- 
 cover taxes. 42, 657, 658. 
 
 upon person who has converted property. 
 24, 798, 806-808. 
 
Demurrage 
 
 INDEX-DIGEST TO NOTES. 
 
 80 
 
 DEMURRAGE. 
 
 doctrines respecting. 30, 634-641. 
 railroads, right to charge. 44, 921-926. 
 See Shipping. 
 
 DEMURRER. 
 
 See Pleading. 
 
 DEPARTMENTAL DOCTRINE. 
 
 as to vice-principal. 75, 025, 626. 
 
 DEPOSIT. 
 
 check indorsed "for deposit," eflFect of. 
 
 47, 389-392. 
 in bank, recovery of, upon insolvency of 
 
 bank. 86, 795-807. 
 in bank, title to. 86, 775-795. 
 of title deeds as equitable mortgage. 4, 
 
 697-699. 
 
 See Banks and Banking. 
 
 DEPOSITIONS. 
 
 filing of. 15, 296. 
 
 stenographer's notes are not. 81, 366. 
 
 DEPOT. 
 
 access to, right of carrier to grant ex- 
 clusive privileges concerning. 22, 699- 
 702. 
 
 DESCENT AND DISTRIBUTION. 
 
 Afflnity. 
 
 definition of. 79, 200. 
 
 degrees of, how computed. 79, 205. 
 
 husband and wife are not related by. 79, 
 205. 
 
 persons who marry cousins are not re- 
 lated by. 79, 204. 
 
 persons who marry sisters are not related 
 by. 79, 205. 
 
 relationship by, does not extend to rela- 
 tives by affinity. 79, 201. 
 
 relationship by, does not extend to the 
 relatives of the husband and wife. 79, 
 201. 
 Descent. 
 
 deifinition of descent. 12, 82. 
 
 definition of heir. 12, 82. 
 
 law of domicile controls descent of per- 
 sonalty. 12, 96. 
 
 law of situs controls descent of realty. 
 12, 96. 
 
 legislation may change rights by descent. 
 84, 449, 450. 
 
 of land, law of place where situated con- 
 trols. 85, 557. 
 
 of personal property, rights of married 
 women. 85, 562-564. 
 
 partition in connection with distribution 
 of decedent's estates. 41, 140-151. 
 
 taxation of collateral inheritances. 41, 
 580-585. 
 
 Expectancies. 
 
 assignment of by an heir to his ancestor. 
 
 56, 345. 346. 
 assignment of, consent of ancestor, when 
 
 essential to enforcement in equity. 56, 
 
 350. 
 
 Expectancies — Continued. 
 
 assignment of, equity may regard as mere 
 security for money advanced. 56, 
 345, 349. 
 
 assignment of, equity, when will not en- 
 force. 56, 343, 344. 
 
 assignment of, estoppel to dispute. 56, 
 351. 
 
 assignment of expectancies. 56, 339-361. 
 
 assignment of husband's interest to be 
 acquired in his wife's estate. .56, 346. 
 
 assignemnt of, inadequacy of price as a 
 ground for refusing to enforce in equity. 
 56, 349, 354. 
 
 assignment of, instances in which equity 
 will set aside. 56, 348-350. 
 
 assignment of, instances, when will be 
 enforced in equity. 56, 347. 
 
 assignment of is regarded as a fraud upon 
 an ancestor. 56, 343. 
 
 assignment of is void at law. 56, 342. 
 
 assignment of made voluntarily or to de- 
 fraud creditors. 56, 349. 
 
 assignment of possibilities coupled ^vitll 
 an interest. 56, H41. 
 
 contingent remainders may be sold and 
 transferred. 56, 341. 
 
 definition of. 56, 339, 340. 
 
 inadequacy of price, English rule respect- 
 ing assignments founded upon. 56, 
 356-359. 
 
 possibilities coupled, with an interest may 
 be devised. 56, 340. 
 
 possibilities coupled with an intere.it, 
 when assignable. 66. .^60. 
 
 possibilities not coupled with an interest 
 are not, at law, the subject of disposi- 
 tion. 56, 340. 
 
 reversions and remainders may be released 
 by the tenant in possession. 56, 341. 
 
 reversions and remainders which are not. 
 56, 340, 341. 
 
 specific performance of contracts to as- 
 sign. 56, 345, 349. 
 
 vested remainders are not, and may be as- 
 signed. 56, 340. 
 
 Succession. 
 
 canons of descent by common law. 12. 
 92, 93. 
 
 conflict of laws as affecting succession. 
 12, 95, 96. , 
 
 descent of ancestral estate. 12, 109, 110. 
 
 descent of estate of husband or wife dy- 
 ing without issue, but leaving kindred. 
 12, 88. 
 
 descent of personal estate of husband leav- 
 ing wife and children. 12, 86, 87. 
 
 descent of personal estate of wife leaving 
 husband and children. 12, 85. 
 
 descent of real estate of husband leaving 
 wife and children. 12, 87, 88. 
 
 descent of real estate of wife leaving hus- 
 band and children. 12, 85, 86. 
 
 forfeiture of rights of succession by hus- 
 band or wife. 12, 91, 92. 
 
 heir apparent no vested interest in es- 
 tate. 12, 93. 
 
 husband and wife succeeding to each 
 other's estate. J 2, 82-92. 
 
 husband's interest in estate of deceased 
 wife. 12, 83, 84. 
 
Si 
 
 INDEX DIGEST TO NOTES. 
 
 Discrimination 
 
 Succession — Continued. 
 
 husband's succession as aflfected by stat- 
 utes concerning separate estate of wife. 
 12, 84. 
 
 Itindred of the half blood. 12, 110, 111. 
 
 nature and origin of husband's succession 
 to wife's personalty. 12, 82, 83. 
 
 next of kin, who are. 12, 107-109. 
 
 rights of aliens to transmit or receive 
 an inheritance. 12, 93-95. 
 
 right of representation. 12, 111-130. 
 
 seisin of ancestor, when essential to suc- 
 cession. 12, 95. 
 
 succession if wife is survivor and there is 
 no issue. 12, 88, 89. 
 
 succession of adopted children. 12, 100, 
 101. 
 
 succession of brothers and sisters. 12. 
 105. 
 
 succession of children and children's chil- 
 dren. 12, 96, 97. 
 
 succession of children and grand children. 
 12, 96-104. 
 
 succession of children omitted from will. 
 12, 97-99. 
 
 succession of grandchildren. 12, 104. 
 
 succession of husband or wife of second 
 marriage. 12, 90, 91. 
 
 succession of illegitimate children. 12, 
 100-103. 
 
 succession of minors dying, and without 
 issue. 12, 103, 104. 
 
 succession of other kindred. 12, 109-113. 
 
 succession of parents of decedent. 12, 104, 
 105. 
 
 succession of posthumous children. 12, 
 99, 100. 
 
 succession per stirpes and per capita. 12, 
 96, 112, 113. 
 
 succession to community property-.. 12, 
 90. 
 
 succession to estates of intestates. 12, 81- 
 113. 
 
 succession to personal property at common 
 law. 12, 81, 82. 
 
 succession where decedent leaves no par- 
 ent, husband, wife, child, brother, nor 
 sister, nor the descendants of any. 12, 
 105-107. 
 
 succesiion where husband or wife survive 
 but no kindred. 12, 89, 90. 
 
 who entitled to share as children of de- 
 cedent. 12, 97-104. 
 
 DESCRIPTION. 
 
 general, of property in deeds and mort- 
 gages, when sufficient. 66, 69-62. 
 
 in wills, evidence to explain. 50, 283, 
 284. 
 
 in wills, extrinsic evidence to correct. 
 50, 289-294. 
 
 of indebtedness in mortgage. 49, 207-209. 
 
 of property in chattel mortgage, suffi- 
 ciency of. 14, 239-247. 
 See Deeds. 
 
 DBSEETION. 
 
 as a recriminatory defense in divorce. 86, 
 
 341. 
 of a wife, effect on her property rights 
 
 and power to contract. 64, 861-871. 
 Index-Digest — 6 
 
 DESTRUCTION. 
 
 of property, recovery of price after. 22, 
 
 867, 868. 
 revoking wills by. 28, 346-348. 
 
 DEVISE. 
 
 conditions in, whether precedent or subse- 
 quent. 70, 833, 834. 
 
 corporate power to receive, limitation on. 
 60, 318-321. 
 
 heir may succeed to, though ancestor died 
 before testator. 12, 95. 
 
 identification of, by extrinsic evidence. 
 50, 281. 
 
 to heir of what he would take by descent, 
 effect of. 75, 154-159. 
 See Wills. 
 
 DIP. 
 
 in mining claims. 58, 265. 
 
 DIRECTORS. 
 
 of bank, care required of. 38, 773, 774; 
 of corporation, liability for negligence. 
 
 17, 95-101. 
 of corporations, liability to third persons. 
 
 48, 913-928. 
 of corporation, rights and powers. See 
 
 corporations, 
 of corporation, transactions between, and 
 
 corporation. 17, 298-308. 
 of corporations, when notice of meeting 
 
 not necessary. 3, 69, 70. 
 
 DISBARMENT. 
 
 of attorneys. 2, 848-861. 
 of attorneys, grounds of. 45, 71-86. 
 See Attorney and Client. 
 
 DISCHARGE. 
 
 of accused, right to, for delav in being 
 
 tried. 85, 187-204. 
 of employg, remedies for wrongful. 51, 
 
 515-518. 
 of grand jury. 12, 919. 
 of insolvent, effect on nonresidents. 70, 
 
 256-258. 
 of persons imprisoned for debt. 37, 764, 
 
 765. 
 
 DISCRETION. 
 
 not reviewed upon certiorari. 40, 34. 
 
 of court to decree forfeiture of corporate 
 
 franchise. 8, 181, 191. 
 of governor, mandamus to control. 31, 
 
 295. 
 of trustee, control of courts over. 6, 885, 
 
 886. 
 
 DISCRIMINATION. 
 
 by carriers, mandamus to prevent. 37, 
 
 320, 321. 
 by railroads. 11, 647-655. 
 by telephone companies. 10, 131-133. 
 power of state to prevent in charges for 
 
 public utilities. 62, 290. 
 
Disease 
 
 INDEX-DIGEST TO NOTES. 
 
 82 
 
 DISEASE. 
 
 adding to effect of personal injuries. 36, 
 829, 830. 
 
 as a defense to an action for breach of 
 promise. 40, 175, 176. 
 
 causing death, . not accidental. 8, 764. 
 
 contagious, on leased premises, liability 
 for. 66, 787, 788. . 
 
 contagious, regulations concerning, by 
 boards of health." 90, 227-229. 
 
 liability for causing. 36, 829. 
 
 liability for spreading. 36, 831. 
 
 of applicant for life insurance, effect. 3, 
 634-637. 
 
 of person injured, as a defense in mitiga- 
 tion of damages. 10, 64-66. 
 
 DISaSACE. 
 
 matters which, whether may be shown to 
 affect credibility of witness. 82, 32. 
 
 witness exposed to privilege regarding 
 criminating testimony not extend to. 
 75, 324-326. 
 
 DISINFECTION. 
 
 expenses of. 47. 549. . 
 municipality may require; 47, 543. 
 
 DISINTERMENT. 
 
 of dead bodies, a crime 75, 426, 427. 
 
 DISOBDEBLY HOUSE. 
 
 liability of married woman for keeping. 
 
 33, 93. 
 sale of property to be used in, validity of. 
 
 32, 452. 
 
 DYSPEPSIA. 
 
 whether is breach of warranty of good 
 health. 10, 243. 
 
 DISSOLUTION. 
 
 of corporations. 8, 180, 201, 202. 
 
 of corporations. See Corporations. 
 
 of corporations, affected by consolidation. 
 89, 616, 617J 
 
 of corporation, effect of. 7, 717-726. 
 
 of partnership, , See Partnership. 
 
 of partnerships, causes for. ' 69, 410-436. 
 
 of partnership, power of partner. 48, 
 440, 441. 
 
 of partnership, powers, rights, and lia- 
 bilities of partners after. 40, 561-576. 
 
 of partnership, power to bind firm after. 
 12, 304, 305. 
 
 of voluntary associations. 7, 170; 68, 
 871. 
 
 premature, of building and loan associa- 
 tions, who may resist. 61, 25. 
 
 DISTRAINING. 
 
 of animals damage feasant. 90, 212-214. 
 
 DISTRIBUTION. 
 
 of decedents' estates, partition in connec- 
 tion with. 41, 140-151. 
 
 DITCHES. 
 
 enlargement of, used in diverting water. 
 
 60, 814. 
 for drainage. 60, 803. 
 
 DIVERSION. 
 
 of water. 60, 806, 807. 
 
 DIVIDENDS. 
 
 acceptance of, by creditor of insolvent, 
 
 whether creates estoppel. 15, 215. 
 on preferred stock. 73, 232-243. 
 See Corporations. 
 
 DIVISIBLE CONTRACT. 
 
 what are and tests. 59, 277-295. 
 
 DIVORCE. 
 
 J. Grounds. 
 
 II. Defenses. 
 
 III, Jurisdiction and Proceedings. 
 
 IV. Alimony. 
 
 V. CnNtody and Support of Cliildron. 
 "VI. Eflect of Divorce. 
 
 1. Grounds. 
 
 Cruelty. 
 
 cruelty, adultery is not. 65, 82. 
 
 cruelty as a ground for divorce. 65, 69- 
 83. 
 
 cruelty by communication venereal dis- 
 eases. 65, 82. 
 
 cruelty by words alone. 65, 81. 
 
 cruelty, charges of adultery made in good 
 faith, though mistaken do not amount 
 to. 65, 82. 
 
 cruelty, criminal charges, unfoundecl, mak- 
 ing of. 65, 80, 81. 
 
 cruelty, excessive sexual intercourse. 65, 
 79. 
 
 cruelty, insane spouse cannot be guilty of. 
 65, 82. 
 
 cruelty, insulting and profane language 
 habitually indulged in. 65, 75. 
 
 cruelty, intoxication, violence committed 
 during. 65, 73. 
 
 cruelty, mental suffering caused by acts 
 of not amounting to personal violence. 
 65, 76. 
 
 cruelty, personal violence, whether essen- 
 tial to. 65,^0-75. 
 
 cruelty, provocation, when will not justify. 
 65, 72. 
 
 cruelty, refusal of sexual intercourse. 65, 
 79. 
 
 cruelty, rudeness of manners. 65, 78. 
 
 cruelty, single act of. 65, 74. 
 
 cruelty, unfounded charges of adultery. 
 65, 80, 81. 
 
 cruelty, violence, single act of. 65, 74. 
 
 cruelty, what is. 12, 877, 878. 
 
 cruelty, whether must be unprovoked and 
 unmerited. 65, 70-72. 
 
 cruelty, without violence. 65, 75. 
 
 Vagrancy. 
 
 vagrancy as ground for. 38, 646. 
 
83 
 
 INDEX-DIGEST TO NOTES. 
 
 Domicile 
 
 Loss of right to divorce. 
 
 loss of right to a divorce after it has 
 once been perfected. 84, 136-139. 
 
 II. Defenses. 
 
 Recrimination. 
 
 adultery after suit brought is a good de- 
 fense. 86, 337. 
 
 adultery after willful desertion of the 
 other spouse, whether a defense. 86, 
 337, 338. 
 
 adultery as a, defense to adultery. 86, 
 336, 337. 
 
 adultery is a defense to an action of di- 
 vorce for cruelty. 86, 338, 339. 
 
 adultery is a defense to an action of di- 
 vorce for habitual drunkenness. 86, 
 339. 
 
 condoned adultery is not a good defense. 
 86, 339. 
 
 cruelty is a, defense to adultery. 86, 340. 
 
 cruelty is a defense to cruelty. 86, 339, 
 340. 
 
 cruelty may be a defense to desertion. 86, 
 340, 341. 
 
 desertion is a defense to desertion. 86, 
 341. 
 
 desertion is not a good defense to adul- 
 ter}'. 86, 341. 
 
 desertion is not a defense to cruelty, if 
 the desertion was caused by the cruelty. 
 86, 341. 
 
 loss of right to a divorce after it has 
 once been perfected. 84, 136-139. 
 
 mutuality of fault as bar to divorce. 86, 
 334-336. 
 
 physical incapacity is not a good defense 
 to adultery. 86, 342. 
 
 recrimination as a defense. 86, 333-342. 
 
 recrimination as a defense, right to set 
 up. 86, 333. 334. 
 
 III. Jurisdiction and Proceeding's. 
 
 Jurisdiction. 
 
 decree against nonresidents. 2, 453, 454. 
 jurisdiction over suits for divorce. 53, 
 
 182, 184. 
 nonresidents, decrees of divorce against. 
 
 53, 182, 183. 
 
 Proceedings. 
 
 decree, forgery of copy of. 8, 467. 
 
 lis pendens in suit for divorce. 56, 865. 
 
 physical examination in divorce suit. 3, 
 
 556, 557; 68, 251. 
 receivers in divorce suits. 71, 368; 72, 
 
 67, 68. 
 relief in equity from decree. 54, 220. 
 vacating divorce decrees. 60, 658. 
 
 IV. Alimony. 
 
 alimony, allowance of in suits for di- 
 vorce. 71, 88-91. 
 
 alimony, granting of in cases of void 
 marriage. 68, 375, 376. 
 
 alimony, receivers in suits to enforce. 72, 
 67, 68. 
 
 contract of attorney to secure alimony for 
 a contingent fee. 13, 299. 
 
 property rights of nonresident, whether 
 may be affected. 53, 184, 185; 
 
 Divorce — Continued. 
 
 right of wife to maintain separate suit 
 for maintenance independent of a suit 
 for divorce. 77, 228-245. 
 See Husband and Wife. 
 
 V. Custody and Support of Children. 
 
 custody of child to mother, decree award- 
 ing. 47, 314-317. 
 
 support of children, liability of father 
 for. 47, 314-317. 
 
 VI. Effect of Divorce. 
 
 Effect of divorce. 
 
 against nonresidents, when valid in other 
 states. 83, 617. 
 
 as affecting head of family. 70, 113, 114. 
 
 decree operates in rem. 2, 453. 
 
 divorced wife as beneficiary under life in- 
 surance policy. 52, 571. 
 
 effect of, upon homestead. 12, 686. 
 
 extraterritorial effect of divorce decree. 
 83, 616-628. 
 
 faith and credit to which decrees are en- 
 
 ■ tilled in other states. 83, 617-627. 
 
 forfeiture of right of inheritance by. 12, 
 91. 
 
 privileged communications, does not af- 
 fect. 29, 418, 419. 
 
 prohibitions against marriage after, have 
 no extraterritorial force. 79, 368-370. 
 
 right of divorced wife to life insurance. 
 44, 409. 
 
 suits between husband and wife after di- 
 vorce. 73, 268, 269. 
 
 temporary domicile, when will not sup- 
 port decree of. 83, 616. 
 
 DOCKET. 
 
 of judgments. 87, 665-673. 
 
 DOGS. 
 
 killing of, whether due process of law. 
 
 90, 214-216. 
 larceny of. 88, 588, 589. 
 liability of owner for acts of. 16, 631. 
 
 DOING BUSINESS. 
 
 within a state by a foreign corporation, 
 what is. 85, 914-917. 
 
 DOMICILE. 
 
 Domicile. 
 
 change in, of married women, as affecting 
 
 their property rights. 85, 559-562, 565, 
 
 566, 576, 577. 
 change of, for purpose of taxation. 62, 
 
 452. 
 contimies in one state until another is 
 
 acquired. 53, 188, 189. 
 law of, controls descent of personalty. 
 
 12, 96. 
 nonresidents, jurisdiction over by volun- 
 tary appearance. 53, 189. 
 of husband is domicile of wife, exceptions 
 
 to the rule. 84, 27-37. 
 of owner of personal property, where 
 
 deemed to be. 62. 452. 
 of ward, change of. 89, 278-280. 
 
Domiciliary Administrators INDEX-DIGEST TO NOTES. 
 
 84 
 
 Residence. 
 
 abandonment, intention and action must 
 
 unite. 48, 714. 
 abandonment, removal to another place. 
 
 48, 714. 
 ■absence from with intent to return. 48, 
 
 715. 
 attachment laws, meaning of the term 
 
 when used in. 48^ 712. 
 change of, how affected. 48, 713. 
 definitions of. 48. 712. 
 difference between and domicile. 48, 712. 
 elements of. 48, 712. 
 intent to change is not alone effective. 
 
 48, 714. 
 of persons confined in prisons and lunatic 
 
 asylums. 48, 717. 
 of persons in transit from one state to 
 
 another. 48, 713. 
 of soldiers. 48, 717. 
 of students. 48, 717. 
 resumption of residence once abandoned. 
 
 48, 716. 
 
 DOMICILIABY ADMINISTEATOES. 
 
 what and where is. and how lost or 
 
 changed. 48, 711-717. 
 authority of. 45, 672. 
 
 DOWER. 
 
 Dower right. 
 
 in partnership real estate. 48, 74. 
 
 legislation may change, before it becomes 
 a vested right. 84, 446-449. 
 
 partition by sale, effect of upon. 82, 865, 
 866. 
 
 partition, effect of upon. 82, 863. 
 
 priority of partnership creditors over 
 wife. 43, 379. 
 
 right of is subordinate to the right of par- 
 tition. 82, 863, 864. 
 
 Assignment of dower. 
 
 assignment of dower. 39, 25-39. 
 by whom may be made. 39, 32, 33. 
 lands alienated by husband, assignment 
 
 out of. 39, 36-38. 
 lands out of whicb assignment is made. 
 
 39, 36-38. 
 law, change of, effect upon. 39, 38. 
 law under which made. 39, 38. 
 mode by which dower is set aside. 39, 
 
 33-36. 
 remedies for. 39. 33. 
 rents and profits, who entitled to before 
 
 assignment. 39, 38, 39. 
 time for assignment. 39, 30-32. 
 to whom may be made. 39, 25-30. 
 Release of dower. 
 
 power of attorney to release. 84, 765, 
 
 766. 
 release of, by agreement of separation. 
 
 83, 877, 878. 
 release of, is good consideration for con- 
 veyance to wife. 90, 526-529. 
 
 DEAINAGE. 
 
 easement of, of upper land o^vner in land 
 of lower proprietor. 3, 787, 788. 
 
 increase ^ow of water over another's lands 
 by, right to. 85, 726-730. 
 
 private, taxation for. 16, 370. 
 
 DEIVING. 
 
 on the wrong side of the road. 48, 367, 
 368. 
 
 DEOWNING. 
 
 death from as accidental. 8, 766. 
 
 DEUGGISTS. 
 
 burden of proving negligence of. 55, 256. 
 
 care and skill required of. 55, 255. 
 
 clerks and other servants, liability for 
 mistakes of. 55, 257. 
 
 contributory negligence of persons obtain- 
 ing dangerous drugs from. 55, 258. 
 
 damages, measure of for carelessness on 
 the part of themselves or of their ser- 
 vants. 55, 257, 258. 
 
 negligence, liability for. 55, 255. 
 
 prescriptions, care and skill to be exer- 
 cised in putting up. 55, 256. 
 
 DEUGS. 
 
 adulteration of, as a crime. 78, 261, 262. 
 
 DEXJNKENNESS. 
 
 is not insanity. 76, 91, 92. 
 
 See Intoxicating Liquors. 
 
 DUEUNG. 
 
 disbarment of attorney for. 45, 77. 
 
 DXJE PEOCESS OF LAW 
 
 See Constitutional Law. 
 what is. 20. 554-559. 
 
 DURESS. 
 
 as a defense to a breach of promise. 40, 
 
 174, 175. 
 confession obtained by. 6, 248, 249. 
 marriage, when avoided by. 79, 370, 371. 
 rescission of contract for. 43. 889-892. 
 
 DWELLING-HOUSES. 
 
 in burglary, what is. 2, 388-391. 
 
 DYING DECLARATIONS. 
 
 what are, and when admissible in evi- 
 dence. 86, 637-668. 
 
 EAR. 
 
 cutting of, as mayhem. 65, 772. 
 
 EARMARK. 
 
 of trust fund, not indispensable to 'identi- 
 fication of. 32, 128. 
 
 EASEMENTS. 
 
 covenants creating, whether run with the 
 
 land. 82, 674. 675. 
 extinguishment by parol license. 31, 719. 
 extinguishment of by non-user. 14, 278- 
 
 282. 
 in streets, for passage of light and air. 
 
 41, 324-328. 
 lateral support, right to. 33, 446-476. 
 lateral support. See Adjoining Land 
 
 Owners. 
 
So 
 
 INDEX-DIGEST TO NOTES. 
 
 Elections 
 
 Easem ents — Continued. 
 
 of drainage of upper land owner in land 
 
 of lower proprietor. 3, 787, 788. 
 of light and air, whether implied. 34, 
 
 709. 
 party-walls, rights in. 89, 924-945. 
 purchase, when taken subject to. 34, 708, 
 
 709. 
 reservation of, when implied. 34, 708, 
 
 709. 
 
 See Adjoining Land Owners, 
 tenant in common cannot create. 21, 594, 
 
 595. 
 
 ECCLESIASTICAL QUESTIONS. 
 
 courts do not take jurisdiction over. 68, 
 864. 
 
 See Religious Societies. 
 
 EDUCATION. 
 
 charitable trusts for support of. 03, 258- 
 
 261. 
 institutions, taxation for. 16, 368. 
 See Schools. 
 
 EJECTMENT. 
 
 against tenant for holding over. 70, 533. 
 amendment to pleadings in. 51, 423. 
 betterments, when allowed for. 81, 176, 
 
 177. 
 by husband or wife against each other. 
 
 73, 278. 
 by one cotenant against another. 50, 
 
 841; 91, 884. 
 claimants under a common source of title. 
 
 47, 75-79. 
 eotenants claiming under common source 
 
 of title. 47, 78, 79. 
 defense of statute of limitations. 4, 382- 
 
 384. 
 estoppel as a defense in. 27, 346. 
 evidence where both parties claim under 
 
 a common source of title. 47, 75-78. 
 general issue is commonly the only plea. 
 
 4, 383. 
 plea of statute of limitations. 4, 382-384. 
 receivers in ejectment. 72, 68. 
 reversioners and remaindermen cannot sue 
 
 in. 14, 629. 
 special pleas in. 4, 383. 
 
 ELECTION OF REMEDIES. 
 
 between action in tort and in contract. 1, 
 
 627, 628. 
 
 by beneficiary against trustee. 63, 474. 
 
 by undisclosed principal to enforce con- 
 tract in his own name. 55, 920, 921. 
 
 election between inconsistent remedies, 
 when irrevocable. 10, 487-499. 
 
 evidence of. 1, 628. 
 
 must be knowingly made. 10, 491. 
 
 of lessor to claim forfeiture of lease. 26, 
 911, 912. 
 
 reformation of contract, barred by. 1, 
 
 628, 629. 
 
 to pursue one of several remedies. 10, 
 489. 
 
 to sue for delivery of goods precludes ac- 
 tion for purchase price. 10, 490. 
 
 to sue for escape precludes treating de- 
 fendant as in custody. 10, 493. 
 
 Election of remedies — Continued. 
 
 to sue for forfeiture of lease precludes 
 actions for future breaches. 10, 493. 
 
 to sue for purchase price precludes suit 
 on theory of no sale. 10, 492. 
 
 to sue in tort waives suit on contract. 
 10, 491. 
 
 to sue on contract for price precludes ac- 
 tion to recover property. 10, 490. 
 
 to sue on contract preclude rescission. 
 10, 490. 
 
 waiver of one remedy. 1, 626. 
 
 when irrevocable. 1, 626, 627; 
 
 ELECTIONS. 
 I. Elections Generally. 
 II. Ordering or Calling Election, and 
 Notice. 
 
 III. Ejection Districts and Officers. 
 
 IV. Registration of Voters. 
 V. Nominations. 
 
 VI. Ballots. 
 
 VII. Conduct of Election. 
 Vlll. Returns and Canvass. 
 
 IX. Contests. 
 X. Violation of Election Laws. 
 
 1. Elections Generally. 
 
 competency of legislature to regulate elec- 
 tions. 91, 685-687. 
 
 election as condition precedent to issuing 
 municipal bonds. 51, 844, 845. 
 
 election of officers is regulated by law. 
 63, 190, 191. 
 
 election to public office. 13, 125-147. 
 
 holding election before statute goes into 
 effect is invalid. 90, 62. 
 
 holding election, necessity of issuing writ 
 for. 90, 04. 
 
 holding election, no general right of. 90, 
 65. 
 
 II. Ordering or Calling Election, and 
 Notice. 
 
 Calling election. 
 
 calling election, mere irregularities in do 
 
 not avoid an election. 90, 61. 
 calling election to fill vacancy, necessity 
 
 for. 90, 62. 
 calling sipecial election by wrong officer 
 
 invalidates the election. 90, 61, 62. 
 mandamus to compel calling of. 31, 299, 
 
 304. 
 
 Notice of election. 
 
 notice, contents of, iregularities in, when 
 not invalidate election. 90, 72. 
 
 notice, failure to give full, of special elec- 
 tion, not necessarily invalidate election. 
 90, 69. 
 
 notice, failure to give in required man- 
 ner, not invalidate election. 90, 71. 
 
 notice, failure to give, when not invali- 
 date election. 90, 68. 
 
 notice, failure to properly post or publish, 
 whether invalidate election. 90, 71. 
 
 notice, necessity for, in general. 90, 67. 
 
 notice need not be given where time of 
 election is fixed by law. 90, 68. 
 
Elections 
 
 INDBX-DIGE>ST TO NOTES. 
 
 86 
 
 Notice of election — Continued. 
 
 notice of election for municipal bonds. 
 
 51, 845-847. 
 notice of special election, necessity for. 
 
 90, 68, 69. 
 notice of special election to fill vacancy 
 
 is usually necessary. 90, 69-71. 
 
 Ordering election. 
 
 ordering election, irregularities in, not in- 
 validate election. 90, 64. 
 
 ordering election, necessity for. 90, 63, 
 64. 
 
 ordering election, what order must contain 
 to validate an election. 90, 64. 
 
 Petition for election. 
 
 petition for election, contents of. 90, 63. 
 petitioning for election, when necessary. 
 90, 62, 63. 
 
 m. Election Districts and Officers. 
 
 Election districts. 
 
 election districts, irregularities in estab- 
 lishing which win avoid an election. 
 90, 49, 50. 
 Election officers. 
 
 election canvassers, reviewing acts upon 
 certiorari. 40, 44, 45. 
 
 officers, absence of election, whether in- 
 validates election. 90, 54, 55. 
 
 oflScers, appointment of, by improper au- 
 thority, whether invalidates election. 
 90, 52. 
 
 officer, candidate acting as, effect on in- 
 validating election. 90, 54. 
 
 officers, defects in appointment of, which 
 will avoid elections. 90, 50-54. 
 
 officers, failure of, to take oath, whether 
 invalidates an election. 90, 51, 52. 
 
 officers, improper number appointed, 
 whether avoids an election. 90, 51. 
 
 officers, ineligible, appointment of, whether 
 invalidates election. 90, 53. 
 
 Residence. 
 
 officers, mere irregularities of, usually not 
 invalidate an election. 90, 55, 56. 
 
 officers, misconduct of, when invalidates 
 an election. 90, 55-57. 
 
 officers of election for municipal bonds. 
 51, 847. 
 
 officers, two sets of, effect on the validity 
 of elections. 90, 53. 
 
 officers, willful misconduct of. when in- 
 validates an election. 90, 56, 57. 
 
 IV. Registration of Voters. 
 
 Registration of voters. 
 
 registration at wrong place will not in- 
 validate election. 90. 59. 
 
 registration by wrong officer will not viti- 
 ate an election. 90. 58. 
 
 raster, failure to properly prepare, will 
 not invalidate election. /90, 59, 60. 
 
 registration, irregularities in, which will 
 avoid an election. 90, 58-60. 
 
 registration law, if unconstitutional, elec- 
 tion imder it may be valid. 90, 60. 
 
 registration, mere irregularities in, will 
 not usually invalidate an election. 90, 
 58. 
 
 Registration of voters — Continued. 
 
 registration, necessity of, to render an 
 election valid. 90, 57, 58. 
 
 r^stration, refusal to make, when in- 
 validates an election. 9ff, 58. 
 
 registration, time for, disregarding, when 
 will invalidate election. 90, 59. 
 
 V. TComluations. 
 
 nominations, irregularities in, whether in- 
 validate election. 90, 60, 61. 
 
 VI. Ballots. 
 
 Ballots. 
 
 Australian ballot law. 49, 240-249. 
 cannot be contradicted. 11, 799, 800. 
 distinguishing marks on. 91, 223-236. 
 distinguishing marks, what are prohibited 
 
 as. 49, 243, 
 distinguishing marks which invalidate 
 
 ballots. 49, 240-249. 
 evidence to explain ambiguities in. 10, 
 
 317-322. 
 folded in an unusual manner, effect on 
 
 validity. 49, 245, 246. 
 form of, statutory requirements are man- 
 datory. 33, 505. 
 having written name opposite printed. 
 
 11, 800. 
 imperfectly sealed up. 11, 799. 
 irregularities in use of. whether invali- 
 dates election. 90, 81, 82. 
 legal marks on ballots. 49, 240-243. 
 mandatory and directory provisions of 
 
 statute. 49, 240-243. 
 marking for identification, proof of intent 
 
 in. 49, 249. 
 marks on face of ballot which do not in- 
 validate it. 49, 246-248. 
 marks on face of ballot which invalidate 
 
 it. 49, 243-245. 
 marks on outside of ballot which do not 
 
 invalidate It. 49, 248, 249. 
 marks on outside of ballot which invali- 
 date it. 49, 248. 
 names illegally on ballot, effect of. 31, 
 
 316-319. 
 names on, not properly nominated. 33, 
 
 504-506. - 
 preservation and safe keeping of. 11, 798. 
 printing of ballots, legislative regulation 
 
 of. 91, 685. 686. 
 proof of intent in marking for identifica- 
 tion. 49, 249. 
 reform laws. 49, 240. 
 regulation of ballots by legislature. 91, 
 
 685-687. 
 rejection of imperfect ballots. 10, 321, 
 
 322. 
 sealing ballot-boxes, necessity for. 11, 
 
 799. 
 technical inaccuracies in ballots. 11, 799. 
 the cross (X). 49, 240-243. 
 torn ballots. 49, 245. 
 voting for candidate whose name is not 
 on the official ballot, right of elector. 
 91, 682-687. 
 when ballots produced at an election con- 
 test are, and when not, to be, regarded 
 as the best evidence of the vote cast. 
 11, 798-800. 
 
87 
 
 INDEX-DIGEST TO NOTES. 
 
 Elevators 
 
 VII. Conduct of Election. 
 
 Conduct of election. 
 
 assisting voters, irregularities in, when 
 
 invalidates election. 90, 82. 
 ballotboxes, irregular use of, when in- 
 validates election. 90, 80, 81. 
 ballots, iregularities in use of, whether 
 
 invalidates election. 90, 81, 82. 
 booths, irregularities in preparation and 
 use of, whether invalidates elA;tion. 
 , 90, 82, 83. 
 bribery, eflfeet of, on validity of election. 
 
 90, 87, 88. 
 bribery, offer of candidate to donate salary 
 
 as, and effect on election. 90, 88. 
 closing polls on time, failure in, when in- 
 validates election. 90, 79, 80. 
 closing polls too soon, when invalidates 
 
 election. 90, 79. 
 conduct of election, disregarding statute 
 in, when invalidates election. 90, 73, 
 74. 
 conduct of election, general irregularities 
 
 in, effect of. 90, 72, 73. 
 equity jurisdiction to enjoin holding of 
 
 election. 42, 235, 236. 
 expenditures by candidates, illegal, 
 
 whether invalidates election. 90, 88. 
 failure of electors to vote not usually in- 
 validate election. 90, 85, 86. 
 failure to furnish proper registration or 
 poll-books vrill not invalidate, an elec- 
 tion. 90, 74, 75. 
 fraud in conducting election, when in- 
 validates election. 90, 86, 87. 
 harmless irregularities. 11, 776. 
 holding election at adjourned meeting, 
 
 when valid. 90, 66, 67. 
 holding election within prescribed time 
 
 after petition, is necessary. 90, 66. 
 improper use of registration or poll-books, 
 when does not invalidate election. 90, 
 75. 
 intimidation and violence, when invali- 
 dates election. 90, 88, 89. 
 irregularities which will avoid elections. 
 
 90, 46-92. 
 opening polls, delay in, whether inval- 
 idates election. 90, 78, 79. 
 place of holding election, effect of, on 
 
 validity of election. 90, 65. 
 polling place, change of, when not in- 
 validate an election. 90, 77. 
 polling place, election at other place than 
 the one legally established, when in- 
 validates election. 90, 75, 76. 
 polling places, number of, whether essen- 
 tial to validity of election. 90, 77. 
 polling place outside election district, 
 
 when invalidates election. 90, 75. 
 polls, failure to open, in certain precincts, 
 when invalidates election. 90, 77, 78. 
 presence of unauthorized persons at poll- 
 ing place not invalidate election. 90, 
 74. 
 time of holding election, must be as fixed 
 
 by law. 90, 65, 66. 
 time of opening polls, delay in, whether 
 
 invalidates election. 90, 78, 79. 
 time when election must be held. 90, 78- 
 «0. 
 
 Conduct of election — Continued. 
 
 votes, improper rejection of, when invali- 
 dates election. 90, 83, 84. 
 
 votes, receiving illegal votes, when in- 
 validates election. 90, 84, 85. 
 
 voting, irregularities in, which avoid elec- 
 tions. 90, 80-86. 
 
 void precinct vote, effect on entire elec- 
 tion. 90, 86. 
 
 Till. Returns and Canvass. 
 
 Returns and canvass. 
 
 canvass of returns, irregularities in, do 
 not invalidate election. 90, 92. 
 
 count of votes, irregularities in, effect of. 
 90, 89. 
 
 count of votes, presence and participation 
 in, of other than officers, whether in- 
 validates election. 90, 89. 
 
 failure to properly preserve ballots will 
 not generally invalidate election. 90, 
 91. 
 
 of votes at election for municipal bonds. 
 51, 847, 848. 
 
 returns, failure to make, usually will not 
 invalidate election. 90, 91, 92. 
 
 returns, iregularities in, whether invali- 
 dates an election. 90, 90. 
 
 returns, misconduct of officers making, 
 when invalidates election. 90, 90, 91. 
 
 IX. Contests. 
 
 irregularities which will avoid elections. 
 
 90, 46-92. 
 when ballots produced at election contest 
 
 are best evidence of vote cast. 11^ 798- 
 
 800. 
 
 X. Violation of Blectlon I,atvsi 
 
 wagers on elections. 37, 702-704. 
 
 ELECTRICITY. 
 
 action of, for which wrongdoer is answer- 
 able. 36, 822. 
 
 care required in management of. 77, 29. 
 
 electric-car poles and wires on street not 
 an additional servitude. 28, 235, 236. 
 
 ELEVATED RAILROADS. 
 
 damages for occupation of streets bv; 26, 
 
 497-507. 
 streets, right of, to use. 25, 479. 
 
 ELEVATORS. 
 
 fall of, whether shows negligence. 6, 794. 
 for freight, liability of owners of. 56, 
 
 810. 
 for freight, persons using as passenger 
 
 assume risks of. 56, 809, 810. 
 for grain, are engaged in public use, and 
 
 subject to state regulation. 62, 290. 
 for grain, discrimination against by rail- 
 roads. 11, 651. 
 for passengers, accidents in, liabilitv for. 
 
 56, 808. 
 for passengers, burden of proof in case 
 
 of injury by accident. 56, 807. 
 for passengers, care and caution which 
 
 must be exercised by persons riding in. 
 
 56, 807. 
 
Emancipatioii 
 
 INDEX-MGEST TO NOTES. 
 
 8S 
 
 Elevators — Continued. 
 
 for passenger, care required by owners of. 
 
 77, 28. 
 for passengers, contributory negligence of 
 
 persons injured by. 56, 808, 809. 
 for passengers, landlord's liability for to 
 
 tenants and their visitors. 56, 807. 
 for passengers, liability of owner of. 56, 
 
 806-810. 
 
 EMANCIPATION. 
 
 of infants. 18, 637. 
 of minor child. 6, 664. 
 
 EMBEZZLEMENT. 
 
 Emhezzlement. 
 
 administrators may commit. 87, 43. 
 
 agents may commit. 87, 42-44. 
 
 as ground for forfeiture of corporate fran- 
 chise. 8, 191. 
 
 assignees in insolvency may commit. 87, 
 45. 
 
 bailees may commit. 87, 44, 45. 
 
 bank officers may commit. 87, 46. 
 
 by agent entitled to commissions out of 
 moneys collected. 87, 25, 26. 
 
 by executors, estate not liable for. 52, 
 130. 
 
 by express companies. 61, 381. 
 
 conversion of property, fraudulent, is es- 
 sential. 87, 38-42. 
 
 conversion of property, fraudulent, what 
 constitutes. 87, 38, 39. 
 
 corporation officers may commit. 87, 45, 
 46. 
 
 crime of. 87, 19-47. 
 
 custody by servants, crime not committed 
 in cases of. 87, 33-35. 
 
 custody of property, one having mere, 
 does not commit. 87, 31-33. 
 
 debtor does not commit, by failure to pay 
 creditor. 87, 37. 38. 
 
 definition of. 87, 21. 
 
 demand by owner for return of property, 
 ■whether essential to. 87, 40-42. 
 
 disbarment of attorney for. 45, 78. 
 
 distinguished from false pretenses. 25, 
 391. 
 
 failure of public official to pay over 
 money, when may constitute. 87, 42. 
 
 guardians may commit. 87, 45. 
 
 intent in, fraudulent, is necessary. 87, 
 26, 27. 
 
 intent in, fraudulent, must exist at time 
 of appropriation. 87, 29. 
 
 intent in, fraudulent, when sufficiently ap- 
 pears. 87, 27, 28. 
 
 larceny distinguished from. 87, 21, 22. 
 
 liability of banks for embezzlement of spe- 
 cial deposits. 38, 784-788. 
 
 mere nonpayment of money is not. 87, 
 39, 40. 
 
 mere refusal to pay money or surrender 
 property is not. 87, 40. 
 
 of letters in mail. 58, 602, 603. 
 
 ownership of property in, " evidence of. 
 87, 24, 25. 
 
 ownership of property must Ee in another. 
 87, 24. 
 
 partners, whether may embezzle partner- 
 ship funds. 87, 44. 
 
 personal property the subject of. 87, 23. 
 
 Embezzlement — Continued. 
 
 place where committed. 44, 83. 
 
 possession and custody, distinction be- 
 tween. 87, 31-35. 
 
 possession, lawful, usually essential in. 
 87, 30, 31. 
 
 property held by agents and servants, 
 when and when not constitute. 87, 35- 
 37. 
 
 property held by public officers, embezzle- 
 ment of. 87, 37. 
 
 property held by virtue of one's employ- 
 ment, when may be embezzled. 87, 35- 
 37. 
 
 property held in trust capacity may be 
 embezzled. 87, 37. 
 
 property which may be embezzled. 87, 
 23-26. 
 
 public officers may commit. 87, 46, 47. 
 
 servant having mere custody of property 
 does not commit. 87, 33-35. 
 
 servants may commit. 87, 42. 
 
 value of property not an essential ele- 
 ment in. 87, 23, 24. 
 
 who may commit. 87, 42-47. 
 
 EMINENT DOMAIN. 
 I. Po-wer Generally. 
 II. Conipensatioii. 
 
 Po-wer 
 
 ■Jenerally. 
 
 Public use. 
 
 constitution may declare certain uses to 
 
 be. 88, 931, 932. 
 delegated power to take necessary lands 
 
 for, courts cannot review, in Massachu- 
 setts. 88, 944, 945. 
 delegated power to take necessary lands 
 
 for, courts may review. 88, 945, 946. 
 delegated power to take necessary lands 
 
 for, discretion allowed donee of. 88, 
 
 945. 
 existence of, constitution may commit de- 
 termination of, to courts. 88, 930, 931. 
 existence of, courts can only review when 
 
 constitution is infringed. 88, 927, 928. 
 existence of, courts may review where 
 
 constitution taking property for public 
 
 use without due compensation. 88, 928- 
 
 930. 
 existence of, primarily for the legislature. 
 
 88, 932, 933. 
 existence of, questions of expediency and 
 
 property are for the legislature. 88, 
 
 939, 940. 
 existence of, ultimately a question for the 
 
 courts. 88, 933-935. 
 existence of, under fourteenth amendment, 
 
 courts may review legislative action as 
 
 to. 88, 930. 
 existence of, when may be considered by 
 
 the courts. 88, 926-94B. 
 legislative designation of what is, not con- 
 clusive. 88, 933. 
 legislative determination of, prevails, if 
 
 question is doubtful. 88, 936. 
 legislature need not expressly declare a 
 
 use to be. 88. 933. 
 necessity for existence of, when courts 
 
 may review legislative action regarding. 
 
 88, 927-930. 
 
89 
 
 INDEX-DIGEST TO NOTES. 
 
 Eminent Domain 
 
 Public use — Continued. 
 
 necessity of taking for, constitution may 
 limit taking to extent of necessity. 88, 
 .943. 
 
 necessity of taking for, doctrine that 
 courts may review legislative action as 
 to. 88, 941, 943. 
 
 necessity of taking for, doctrine that legis- 
 lature is sole judge of. 88, 940, 941. 
 
 necessity of taking certain amount of 
 land for, doctrine that legislature is 
 sole judge of. 88, 941. 
 
 necessity of taking particular estate for, 
 doctrine that legislature is sole judge 
 of. 88, 940, 941. 
 
 necessity of taking particular property 
 for, under delegated authority, power 
 of courts to question. 88, 943-946. 
 
 presumption in favor of legislative deter- 
 mination of. 88, 936-9"'37. 
 
 statute declaring, if capable of two con- 
 structions, public use sustained. 88, 
 935, 936. 
 
 ulterior motives and purposes of legisla- 
 ture in declaring, whether courts may 
 inquire into. 88, 937, 938. 
 
 ulterior motives of municipality in con- 
 demning land for, whether courts may 
 inquire into. 88, 938. 
 
 ulterior motives of private corporation in 
 condenming land for, whether courts 
 may inquire into. 88, 939. 
 
 what is, whether a legislative or judicial 
 question. 42, 406, 407. 
 
 Taking property. 
 
 condemnation of property of corporations 
 under power of eminent domain. 9, 
 137-147. 
 
 damages which may be recovered for tak- 
 ing corporate property. 9, 144-147. 
 
 deprivation of beneficial use is taking 
 property. 16, 610. 
 
 destruction to prevent spread of fire. 16, 
 615. 
 
 effect of conferring exclusive privileges or 
 franchises. 9, 140-142. 
 
 encroachment upon property, necessity for 
 is taking property. 16, 610, 611. 
 
 exercise of power, propriety of, is a politic 
 cal question. 9, 137. 
 
 flooding of lands is taking property. 16, 
 610, 611. 
 
 franchise of eminent domain, ■ right to 
 transfer. 35, 403, 404. 
 
 gas and water mains in street is taking 
 property. 16, 614. 
 
 how legislative intent that corporate prop- 
 erty may be taken must be expressed. 
 9, 142-144. 
 
 necessity of taking property. 42, 406. 
 
 necessity of taking, whether may be dis- 
 proved. 42, 407, 408. 
 
 no property exempt from. 9, 139. 
 
 railways in streets is taking property. 
 16, 612-614. 
 
 streets and highways, to what use may 
 be put. 16, 612-614. 
 
 taking property already devoted to a pub- 
 lic use. 9, 142. 
 
 taking property for public use, what is. 
 16, 610-615. ' 
 
 Taking property — Continued. 
 
 taking riparian owners' right of access 
 to stream. 16, 614, 615. 
 
 telegraph wires in streets is taking prop- 
 erty. 16, 614. 
 
 telephone companies may exercise power 
 of. 10, 130. 
 
 what, if any, property may be taken. 9, 
 137-140. 
 
 II. Compensation. 
 
 Damages. 
 
 adaptability of property for a special pur- 
 pose may be considered in estimating 
 damages. 85, 297, 298. 
 
 animals, danger to, to what extent a, 
 proper element in estimating damages. 
 85, 309. 
 
 benefits accruing to owner, are not de- 
 ducted. 22, 50, 51. 
 
 business, loss of or injury to, not gener- 
 ally an element of damage. 85, 299. 
 
 compensation for taking franchise. 4, 
 404. 
 
 compensation, measure of. 19, 459, 460. 
 
 compensation, necessity for. 22, 49, 60. 
 
 compensation of owner for taking prop- 
 erty. 16, 610-613. 
 
 condemnation proceedings give color of 
 title. 88, 729. 
 
 cost of removing buildings not an element 
 of damage. 85, 296. 
 
 cost of removing personal property not 
 an element of damage. 85, 298, 299. 
 
 crops, loss of or damage to, may be con- 
 sidered in estimating damages. 85, 298. 
 
 crossings, gates, or cattle-guards, cost of, 
 may be considered. 85, 305, 306. 
 
 damages, assessment of when corporate 
 property is taken. 9, 144-147. 
 
 damages by destruction of property to 
 prevent conflagration. 4, 403. 
 
 damages for crossing one railway by an- 
 other. 9, 144-146. 
 
 damages for property actually taken. 85, 
 292-299. 
 
 damages from taking property in time of 
 war or extreme necessity. 4, 403. 
 
 damage from overflowed land. 4, 403. 
 
 damages, how estimated. 19, 459, 460. 
 
 damages must be paid for cKanging grade 
 of street. 4. 401. 
 
 damages must be paid for establishing 
 railroad on highway. 4, 402, 403. 
 
 damages, speculative. 19, 460. 
 
 damage to land entirely disconnected from 
 that taken cannot be awarded. 85, 299- 
 301. 
 
 depreciation in value of property not 
 taken, when to be considered. 85, 311- 
 313. 
 
 elements of damages allowed in eminent 
 domain proceedings. 85, 291-314. 
 
 elements of damage other than the loss of 
 the property taken. 85, 299-314. 
 
 evidence, opinion, as to value of land 
 taken. 19, 460. 
 
 fencing, cost of, as an element of damages. 
 85, 304, 305. 
 
 fencing highways, cost of, may be consid- 
 ered. 85, 304. 
 
Employer and Employe 
 
 INDEX-DIGEST TO NOTES. 
 
 90 
 
 Damages— Continued. 
 
 fencing right of way of railways, cost of, 
 may b6 considered. 85, 304, 305. 
 
 fire, danger from, from railroad, may be 
 considered in estimating damages. 85, 
 308, 309. 
 
 flowage or overflow of land, right of, in- 
 jury to, may be an element in esti- 
 mating damages. 85, 302, 303. 
 
 improvements on the land are considered 
 in estimating damages. 85, 295, 296. 
 
 inconvenience in use of land, matters caus- 
 ing, are proper elements in estimating 
 damages. 85, 306-308. 
 
 injury to land not taken. 22, 51, 52. 
 
 lateral support, loss of right of, is an 
 element in estimating ' damages. 85, 
 303. 
 
 lis pendens in suits to condemn land. 56, 
 853. 
 
 market value of the property is the value 
 generally considered. 85, 292, 293. 
 
 measure of damages iu. 22, 50. 
 
 mines and quarries on land are consid- 
 ered in estimating damages. 85, 295. 
 
 miscellaneous elements of damage. 85, 
 313, 314. 
 
 mortgage lien, effect of proceedings upon. 
 88, 363-365. 
 
 noise, annoyance from, of railway, may be 
 considered. 85, 309, 310. 
 
 obstruction to ingress or egress from the 
 property may be considered. 85, 310, 
 311. 
 
 opinion as to value of land. 22, 51. 
 
 power to take private property for public 
 purposes. 22, 48, 49. 
 
 proceedings to condemn property. 22, 49. 
 
 proximity of railroad to buildings on land 
 not taken, when to Be considered in 
 estimating damages. 85, 311. 
 
 purpose for which private property may 
 be taken. 22. 49. 
 
 quality of land is considered as an ele- 
 ment of damage. 85, 295. 
 
 rental value, depreciation in, is to be con- 
 sidered. 85, 296. 297. 
 
 riparian rights, injury to, is an element 
 of damage. 85, 301. 
 
 smoke, cinders, and vapors, injury and 
 annoyance from, from railway, may be 
 considered. 85, 309, 310. 
 
 special estates in property which dimin- 
 ish or enhance the value to the owner. 
 85, 293-295. 
 
 subsequent damages, compensation for. 
 22, 51. 
 
 taking private property, what constitutes. 
 22, 49. 
 
 what constitutes damages for public use 
 for which compensation must be made. 
 4, 397-405. 
 
 who entitled to compensation. 19, 458, 
 459. 
 
 EMPLOYER AND EMPLOYE. 
 
 contracts of, special statutes impairing 
 
 rights of. 62, 176-180. 
 employSs, disqualiiied to act as jurors. 
 
 9, 756. 
 employs may be a passenger. 61, 97, 98. 
 
 Employer and Employee — Oontiwaed. 
 
 employes of corporations, special statutes 
 relating to. 62, 176-181. 
 
 female employes, special statutes relat- 
 ing to. 62, 181, 182. 
 
 liability of one who interferes between em- 
 ployer and employ^. 11, 474-478. 
 
 right of employer to patents made by em- 
 ployes. 52, 820-823. 
 
 See Master and Servant. 
 
 ENCUMBRANCES. 
 covenants against. 82, 668, 676, 677. 
 
 END LINES, 
 of mining claim. 58, 266, 267, 278, 
 of mining claim, when become side line. 
 58, 267. 
 
 ENEMY, 
 alien, jurisdiction over. 6, 190. 
 
 ENGINEERS. 
 
 estimates of, in building contracts. 56, 
 
 312-316. 
 railroads, liability of, for acts of. 54, 82. 
 whether are laborers. 58, 307. 
 
 ENLISTMENT, 
 of infants. 18, 639-641. 
 
 EN MASSE, 
 sales, by trustees. 19, 286. 
 
 ENTERING, 
 building, in burglary, 2, 383-392. 
 
 ENTIRE CONTRACT. 
 what is. 59, 277-295. 
 
 ENTIRETIES. 
 
 estate by. 10, 99. 100. 
 estate by, effect of statutes upon. 84, 442. 
 tenancy by, in personal property. 38, 435, 
 436. 
 
 EN VENTRE. 
 
 children, when take under a will. 73, 416. 
 
 EQUITABLE. 
 
 conversion, by will, of real estate into per- 
 sonal, and personal estate into real. 
 5, 141-148. 
 
 conversion. See Wills. 
 
 interests are within the rule against per- 
 petuities. 49, 127-129. 
 
 mortgages, what constitute. 4, 696-708. 
 
 EQUITY. 
 I. JuFladlctlon. 
 II. Laclies. 
 III. Parties and Pleading. 
 
 I. JarlBdlction. 
 
 Jurisdiction generally. 
 
 against foreign corporations. 85, 924. 
 against stockholders to enforce personal 
 liability. 37, 172. 
 
91 
 
 INDEX-DIGEST TO NOTES. 
 
 Equity 
 
 Jurisdiction generally — Continued. 
 
 assignment of expectancies, when enforced. 
 56, 339-361. 
 
 assignment of expectancies, when set 
 aside. 5C, 348-350. 
 
 bill for discovery of stockholders. 3, 
 867. 
 
 cancellation of instruments, notwithstand- 
 ing a, defense at law. 9, 777. 
 
 cloud on title, relief against. 45, 374. 
 
 dissolution of partnerships in. 69, 410- 
 436. 
 
 effect in, of conveyances from wife to hus- 
 band. 9, 323. 
 
 elections, jurisdiction to enjoin holding. 
 
 42, 235, 236. 
 
 elections, jurisdiction to interfere in. 42, 
 235, 236. 
 
 enforcement of covenants restricting use 
 of land. 21, 485. 
 
 enforcement of stockholder's liability for 
 unpaid subscription. 3, 808-816. 
 
 enjoining crimes and criminal prosecu- 
 tions. 35, 670-681. 
 
 exemplary damages not allowed in. 28, 
 874. 
 
 forfeiture of corporate franchise, cannot 
 decree. 8, 200. 
 
 husband and wife, suits between. 73, 
 271-274. 
 
 Judgments, relief from. 23, 117, 118. 
 
 judgments, relief from, on ground of 
 perjury. 25, 165-171. 
 
 negligence as a bar in equity to relief 
 against judgments. 53, 444-453. 
 
 no jurisdiction to set aside letters of ad- 
 ministration. 81, 560. 
 
 over clubs. 68, 861, 862. 
 
 over nonresidents. 6, 189. 
 
 over voluntary associations. 7, 161-163; 
 68, 856-871. 
 
 partnership creditor's relief in equity. 
 
 43, 380. 
 
 partnership real estate, how treated in 
 
 equity. 48, 64. 
 political rights, jurisdiction to protect 
 
 and enforce. 42, 234-237. 
 public nuisance in navigable streams, 
 
 prevention of. 57, 694. 
 public oflfice, jurisdiction to interfere be- 
 tween claimants to. 42, 236, 237. 
 reformation of wills. 50, 283. 
 relief against judgments and decrees. 
 
 64, 218-261. 
 statutory liens, jurisdiction of, to enforce. 
 
 74, 389. 
 to compel wife to account for value of 
 
 husband's services on her property. 77, 
 
 105-107. 
 to enforce contract for benefit of third 
 
 person. 71, 203. 
 to protect trades unions. 68, 869. 
 to reform contracts. 65, 481-486. 
 to reform deeds. 65, 506-509. 
 trusts, voluntary unexecuted, equity will 
 
 not assist. 51, 391. 
 unknown heirs, proceedings against. 87, 
 
 364, 365. 
 vacating judgments in. 60, 640, 641. 
 voluntary trust, imperfect, not enforced 
 
 in. 34, 196-198. 
 
 Jurisdiction over liens. 
 
 jurisdiction of, to enforce liens. 74, 387- 
 390. 
 
 liens, common-law and statutory, when en- 
 forceable in. 74, 388. 
 
 liens, equitable must be enforced in. 74, 
 388. 
 
 liens of carriers, jurisdiction to enforce. 
 74, 389. 
 
 mechanics' liens are enforceable in. 74, 
 389. 
 
 Ignorance of one's rights as a ground for 
 relief. 
 bonds and warrants, purchasers of are 
 
 deemed to know the law. 55, 507. 
 compromise cannot be avoided because of. 
 
 55, 497, 507. 
 compromise of doubtful rights cannot be 
 
 relieved bec~ause of mistake of law. 65, 
 
 507. 
 contracts, induced by mutual mistake. 
 
 55, 518. 
 contracts, reformation for mistake. 55, 
 
 512. 
 county warrants, purchaser of, when they 
 
 are invalid on their face. 55, 507. 
 criminal acts, ignorance of the law does 
 
 not excuse. 55, 514. 
 damages, ignorance of the measure of. 
 
 55, 501. 
 deeds, mistake of law as a ground for 
 
 reformation of. 55, 514, 515. 
 definitions of ignorance and error. 55, 
 
 494. 
 definitions of mistake and of ignorance of 
 
 law. 55, 494. 
 definitions of mistake of fact. 55, 495, 
 
 496. 
 facts, ignorance or mistake, relief because 
 
 of. 55, 504. 505. 
 ignorance of one's rights as ground of re- 
 lief. 55, 494-520. 
 ignorance of the law is not a sufficient 
 
 ground .for relief. 55, 498. 
 law, mutual mistake of, when a ground 
 
 for relief. 55. 518. 
 mistake, mutual, of contracting parties. 
 
 55, 518. 
 mistake of fact, relief because of. 55, 
 
 495, 496, 504. 
 mistake of law or of fact, when a ground 
 
 for relief in. 55, 495-518. 
 mistake of law, the courts cannot correct. 
 
 55, 499-504. 
 release, vacating or disregarding. 55, 
 
 509-512. 
 statutes of limitation cannot be avoided 
 
 because of. 55. 515. 
 torts, mistake of law or of facts does not 
 
 excuse. 55, 514. 
 
 Belief from forfeitures. 
 
 forfeitures, relief from. 86, 48-64. 
 
 relief from consequence of breaches of 
 conditions precedent and subsequent. 
 86, 52, 53. 
 
 relief from forfeiture because of failure 
 to perform contract on time. 86, 50- 
 52. 
 
 relief from forfeitures denied for will- 
 fulness and negligence. 86, 60. 
 
Equity of Redemption INDEX-DIGEST TO NOTES. 
 
 92 
 
 Relief from forfeitures^Continued. 
 
 relief from forfeitures, ground of. 86, 
 48, 49. 
 
 relief from forfeiture of bail bonds and 
 undertakings. 86, 63, 64. 
 
 relief from forfeiture of bonds. 86, 62,' 
 63. 
 
 relief from forfeiture of corporate stock. 
 86, 60, 61. 
 
 relief from forfeiture of deeds and con- 
 veyances. 86, 55-58. 
 
 relief from forfeiture of insurance poli- 
 cies. 86, 61, 62. 
 
 relief from forfeiture of leases. 86, 54, 
 55. 
 
 relief from forfeiture of mortgages. 86, 
 58-60. 
 
 relief from forfeiture of notes. 86, 62. 
 
 relief from forfeitures on the ground of 
 accident, mistake and fraud. 86, 49, 
 50. 
 
 relief from forfeiture upon making com- 
 pensation. 86, 53, 54. 
 
 relief from forfeiture which has Been 
 waived. 86, 54. 
 
 relief from statutory forfeitures. 86, 63. 
 
 II. Ladies. 
 
 Laches and stale claims. 
 
 accounts, laches in disputing. 2, 802. 
 acquiescence, when implied from lapse 
 
 of time. 2, 796. 
 agent, defense of laches, when not avail- 
 able to. 2, 797. 
 as bar to relief from judgments. 54, 259. 
 as a bar to relief in equity. 23, 149-151. 
 as a defense. 9, 530, 531. 
 coverture as excuse for. 2, 806. 
 deeds and agreements, laches in moving 
 
 to vacate. 2, 803. 
 defense raised by demurrer. 23, 150. 
 defined. 2, 796. 
 demurrer, laches may be raised by. 2, 
 
 807. 
 distinction between executed and exeou 
 
 tory interests. 2, 796. 
 distinction between laches and acquiesc- 
 ence. 2, 795. 
 excuses for delay in enforcing. 2, 805. 
 execution sales, laches in moving to 
 
 vacate. 2, 798. 
 fraud, laches in claiming relief for. 2, 
 
 801. 
 government, defense not raised against. 
 
 2, 798. 
 in applying for order to sell real property 
 
 of decedent to pay debts. 26, 22-29. 
 infancy as excuse for. 2, 806. 
 in moving to vacate judgment. 60, 660- 
 
 662. 
 injunction, laches may defeat suit for. 
 
 2, 802. 
 judgments, laches in moving to vacate. 
 
 2, 798. 
 length of time not sole test of. 2, 795. 
 members of family, whether may urge de- 
 fense. 2, 797. 
 not preclude reformation of contracts. 
 
 65, 504. 
 of beneficiary in not objecting to acts of 
 
 trustee. 63, 475. 
 patents, laches in enforcing. 2, 803. 
 
 Laches and stale claims — Continued. 
 
 poverty as excuse for. 2, 805. 
 
 stale claims in equity. 2, 795-808. 
 
 stale equities, what are. 2, 795. 
 
 specific performance, refusing, because of 
 laches. 2, 796. 
 
 statute of limitations, existence of im- 
 material. 23, 149. 
 
 trusts, laches against. 2, 799. 
 
 III. PartieH and Pleading:. 
 
 amendments to pleadings in. 51, 423 
 
 complaint in suit for relief from iuds- 
 
 ment. 28, 111. •• ^ 
 
 parties to bill to enforce unpaid stock 
 subscription. 3, 815, 816. 
 
 EQUITY OF REDEMPTION. 
 
 definition of. 55, 100. 
 release of, by contract between mortgagor 
 and mortgagee. 55, 100-111. 
 
 EROSION. 
 
 and accretion. 72, 284, 285. 
 
 ESCAPE. 
 
 amendments to pleadings in actions for 
 ol, 424. 
 
 of livestock from carriers, liability for. 
 
 63, 560. 
 suit for, precludes treating defendant as 
 
 in custody. 10, 493. 
 
 ESCHEATED LANDS. 
 
 adverse possession of. 76, 487. 
 unknown owners of, quieting title against. 
 87, 367. 
 
 ESCROW. 
 
 delivery of deed in. 53, 555, 556. 
 
 delivery of note contrary to terms of 
 37, 459. 
 
 negotiable instruments deposited in, ef- 
 fect of delivery in violation of condi- 
 tion. 11, 314-316. 
 
 ESTATES OF DECEDENTS. 
 
 f 
 
 contribution from estate of deceased co- 
 surety. 10, 644. 
 
 laches in applying for order to sell, to 
 pay debts. 26, 22-29. 
 
 partition in connection with distribution 
 of. 41, 140-151. 
 
 receivers of. 72. 63-66. 
 See Descent and Distribution; E.xecutors and 
 Administrators; Wills. 
 
 succession to intestate's estate. 12. 81- 
 113. 
 
 ESTATES-TAIL. 
 
 estates tail. 7, 428-432. 
 
 forbidden in Kentucky. 7, 432. 
 
 general nature of. 7, 428, 429. 
 
 how barred. 7, 431, 432. 
 
 in what states they may be created. 7, 
 
 430, 431. 
 words of limitations necessary to create. 
 
 7, 429. 430. 
 
93 
 
 INDEX-DIGEST TO NOTES. 
 
 Evidence 
 
 ESTOPPEL. 
 
 I. By Record. 
 II. By Deed. 
 III. Equitable Estoppel. 
 
 I. By Record, 
 
 Estoppel hy record. 
 
 by adoption proceedin]2;s. 39, 219, 220. 
 
 by judgment. 8, 229, 230. 
 
 by judgment, against whom operates. 
 2, 876-878. 
 
 by judgment, effect of appeal on. 3i'. 29- 
 32. 
 
 by judgment must be mutual. 2, ST7. 
 
 by judgment, of married women. ."57, 169. 
 
 by judgment, proof of. 44, 562-572. 
 
 of nonresident creditor of right to im- 
 peach decree discharging insolvent. 15, 
 216. 
 
 to appeal from judgment after satisfac- 
 tion. 45, 271-274. 
 
 II. By Deed. 
 
 of married women. 57, 170, 171. 
 
 III. Eqnitalile Estoppel. 
 
 Equitable estoppel. 
 
 against denying validity of municipal 
 
 bonds. 51, 856-859. 
 against married women. 57, 169-185. 
 
 See Husband and Wife, 
 against married women and in favor of 
 
 their husbands. 57, 175-177. 
 against married women arising from 
 
 fraud. 57, 178, 179. 
 against usury as a defense. 46, 185. 
 by acts and conduct. 10, 22, 23. 
 by silence, of married women. 57, 178. 
 by silence or failure to assert one's rights. 
 
 10, 22. 
 ejectment, estoppel as a defense in. 27, 
 
 346. 
 essential elements of. 10, 21, 22. 
 evidence, may be given in, where no op- 
 portunity to plead it. 27, 345, 346. 
 of administrator to attack letters issued 
 
 to himself. 81, 561. 
 of beneficiary to deny validity of trustee's 
 
 acts. 63, '474, 476. 
 of corporation to allege invalidity of 
 
 spurious stoclc. 87, 856, 857. 
 of holder of overissued or spurious cor- 
 porate stock from alleging invalidity. 
 87, 859, 860. 
 of insurance company relying on false 
 
 answers in application. 9, 233. 
 of lessee to set up forfeiture against 
 
 lessor. 26, 913. 
 of married women. 10, 21, 22. 
 of members in benefit life insurance socie- 
 ties. 52, 549-551. 
 of nonresident creditor of insolvent by 
 
 accepting dividend. 15, 216-221. 
 of stockholders from attacking validity 
 
 of incorporation. 3, 827, 872. 
 of sureties to urge defects in appeal bonds. 
 
 67, 198-204. 
 of tenant to deny landlord's title. 89, 
 
 62-115. 
 of tenant to deny landlord's title. See 
 Landlord and Tenant. 
 
 Equitable estoppel — Continued. 
 
 partner, to deny that one is. 22, 757, 758. 
 pleading, by demurrer. 27, 348. 
 pleading, effect of failural in. 27, 346, 
 
 347. 
 pleading estoppel by conduct. 27, 348, 
 
 349. 
 pleading former judgment. 27, 317, 348. 
 pleading, form of. 27, 349. 
 pleading, mode and necessity of. 27, 344- 
 
 349. 
 pleading, mode of. 27, 347-349. 
 pleading, necessity of. 27, 344, 345. 
 replevin, estoppel as defense in. 27, 346. 
 to apply for order to sell decedent's real 
 
 property may be created by laches. 
 
 26, 27. 
 to assert defense of ultra vires. 70, 167- 
 
 169. 
 to deny corporate existence. 33, 184. 
 to dispute assignment of expectancy. 56, 
 
 351. 
 to enforce covenant restricting use of land. 
 
 21, 495-498. 
 to revoke parol license. 31, 717-719. 
 waiver of, by failure to plead. 27, 346, 
 
 347. 
 
 ESTOVERS. 
 
 tenants' right to take, reversioners and 
 remaindermen must submit to. 14, 631. 
 
 ESTEAYS, 
 
 animals in highway, when are. 8, 272. 
 
 at common law. 8, 271. 
 
 city ordinances regulating. 8, 271. 
 
 defined. 8, 272. 
 
 purchaser of, title acquired. 8, 272. 
 
 statutes concerning. 8, 271-273. 
 
 user of, is a tort. 8, 273. 
 
 EVICTION. 
 
 by landlord, what amounts to. 38, 486- 
 
 492. 
 by landlord, when justifies abandonment 
 
 by tenant. 38, 485-492. 
 of tenant, as affecting his estoppel. 89, 
 
 99, 100. 
 of tenant where there is covenant for 
 
 quiet enjoyment. 53, 115. 
 partial, damages for. 24, 267. 
 
 EVIDENCE. 
 
 I. Judicial Notice. 
 
 II. I'resumptlons. 
 
 III. Bnrden of Proof. 
 
 IV. Competent and Material Evidence. 
 
 V. Best and Secondary Ei'idence. 
 
 VI. Demonstrative Evidence. 
 
 VII. Admissions. 
 
 VIII. Declarations. 
 
 IX. Documentary Evidence. 
 
 X. Parol Evidence to Aflect Writingrs. 
 
 XI. Opinion Evidence. 
 
 XII. Evidence at Former Trial. 
 
 XIII. Suflicieney of Evidence. 
 
Evidence 
 
 INDEX-DIGEST TO NOTES. 
 
 94 
 
 I. Judicial Notice. 
 
 Judicial notice. 
 
 of interest laws of foreign country, courts 
 
 do not take. 91, 741. 
 of the boundaries of a territory. 82, 445. 
 of the boundaries of the different states, 
 
 82, 445. 
 of the boundaries of the United States. 
 
 82, 445. 
 of the commercial centers of the state 
 
 and United States. 82. 443. 
 of the county seats of counties. 82, 442, 
 
 443. 
 of the distance between well-known cities. 
 
 82, 447. 
 of the division of the state into counties. 
 
 82, 442. 
 of the government surveys. 82, 440, 441. 
 of the history of the country. 82, 439. 
 of lakes and bays and their condition and 
 
 location. 82, 447. 
 of the location of important cities and 
 
 towns. 82, 443. 
 of the location of important lines of rail- 
 way. 82, 441. 
 of the public navigable waters. 82, 446, 
 of rivers and their condition and location. 
 
 82, 446. 
 of the situation and localities within other 
 
 states. 82, 439. 
 of the streets of a city and their locations. 
 
 82, 444. 
 of the subdivisions of a city or town into 
 
 lots and blocks. 82, 444. 
 of the suburbs of a city and their location. 
 
 82, 444. 
 of what are intoxicating liquors. 12, 353. 
 
 II. PrcsumptloiiB. 
 
 Presumptions. 
 
 against suicide. 84, 539, 540. 
 arising from long use of land as a high- 
 way. 57, 761, 762. 
 as to alteration of written instruments. 
 
 86, 129-134. 
 as to habits of animals. 36, 812. 
 as to intent of fraudulent grantor. 14, 
 
 747. ! 
 
 as to ownership of chattel. 3, 206. 
 as to ownership of negotiable instruments. 
 
 11, 930. 
 as to ownership of personalty. 3, 205. 
 as to percolating waters. 67, 670, 671. 
 as to real estate belonging to partnership. 
 
 48, 66, 67. 
 as to time of conversion of moneys by 
 
 oflacer who served two terms. 10, 846. 
 as to undue influence in the execution of 
 
 wills. 31, 681-685; 
 bias of juror may be presumed. 9, 745- 
 
 747. 
 conclusive presumptions. 36, 686-689. 
 conclusive presumptions in tax cases. 
 
 36, 686-688. 
 for and against trustee's sale. 19, 297. 
 in conspiracy. 3, 483. 
 in favor of attachment proceedings. 20, 
 
 808. 
 in favor of legislative determination of 
 
 public use. 88, 935-937. 
 in favor of validity of second marriage. 
 
 89, 198-206. 
 
 Presumptions — Continued. 
 
 of being a passenger. 61, 78. 
 
 of bias from business relations. 9, 756, 
 
 757. 
 of bias of juror from relationship. 9, 753. 
 of coercion of vrife in committing crimes. 
 
 33, 92-94. 
 of continuance of insane delusions. 63, 
 
 106-108. 
 of death arising from absence of husband. 
 
 64, 868. 
 of death from accident. 50, 441. 
 of falseness of libel. 15, 369. 
 of fraud from relationship of parties. 7, 
 
 83. 
 of genuineness of ancient deeds. 9, 302. 
 of incapacity of infant between seven and 
 fourteen for contributory negligence. 
 14, 591, 592. 
 of intent to defraud in false pretenses. 
 
 25, 380. 
 of intent to produce probable result in 
 
 publishing libel. 15, 339. 
 of legitimacy of children. H, 101. 
 of malice in libel. 15, 338. 
 of marriage. 2, 117. 
 of negligence from accident. 20, 590-495; 
 
 30, 736-738. 
 of negligence from explosion of tank of 
 
 oil. 67, 139. 
 of negligence in starting fires. 30, 502. 
 of negligence of sleeping-car company from 
 
 loss of property. 26, 335. 
 of negligence when injury has been suf- 
 fered, and there is no evidence showing 
 who was at fault. 6, 792-795. 
 of payment from lapse of time. 18, 879- 
 
 888. 
 of revocation arising from mutilation of 
 
 will. 28, 351, 352. 
 of revocation of will by destruction. 28, 
 
 347, 348. 
 of sanity in cases of suicide. 84, 549, 550. 
 of undue influences. 2, 361. 
 of undue influence in regard to wills. 21. 
 
 94-104. 
 of voluntary trust in bank deposit. 34, 
 
 220, 221. 
 rebuttable presumptions. 36, 682, 683. 
 that agent imparts all his knowledge to 
 
 principal. 24, 230. 
 that attorney communicates facts to 
 
 client. 57, 914. 
 that conveyance made tx) defraud subse- 
 quent creditors. 14, 751, 752. 
 that covenant restricting use of land is 
 
 •for benefit of land. 21. 489, 491. 
 that infant is supplied with necessaries. 
 
 18, 647-650. 
 that passenger reads ticket limiting car- 
 rier's liability. 5, 721. 
 that subsequent purchaser is one bona 
 
 fide. 17, 288-290. 
 validity of statutes creating presump- 
 tions. 36, 682-689. 
 
 III. Burden of Proof. 
 
 Burden of proof. 
 
 as to bona fide holder of municipal bonds. 
 
 51, 824. 
 as to bona fide ownership of negotiable 
 instruments. 11, 323-326. 
 
95 
 
 INDEX-DIGEST TO NOTES. 
 
 Evidence 
 
 Burden of proof — Continued. 
 
 as to cause of death. 50, 441. 
 
 as to insane delusions. 63, 106-108. 
 
 as to intent in omission of stamp from 
 instruments. 84, 190, 191. 
 
 as to necessaries. 18, 652, 653. 
 
 as to proper affixing of seal by corpora- 
 tion. 64, 261, 262. 
 
 as to revocation of wills. 28, 361. 
 
 as to suicide. 84, 540, 541. 
 
 as to the termination of a first marriage 
 when a second has been contracted. 
 89, 198-206. 
 
 as to undue influence. 31, 681-684. 
 
 in actions against express companies. 
 61, 382. 
 
 in action for malicious prosecutions. 26, 
 153, 154. 
 
 in eases of demurrage. 30, 638. 
 
 in case of injury from elevators. 56, 807. 
 
 in false pretenses. 25, 389. 
 
 in rescission of sale for fraud. 18, 364. 
 
 in wife's action for alienating husband's 
 affections. 46, 476, 477. 
 
 of abandonment or forfeiture of mining 
 claims. 87, 414. 
 
 of alteration of written instrument. 86, 
 128, 129. 
 
 of fraudulent conveyances. 11, 758. 
 
 of fraudulent character of conveyance 
 from husband to wife. 90, . 550-556. 
 
 of illegality of contract for future deliv- 
 ery. 1, 764. 
 
 of insanity in eases of suicide in life in- 
 surance actions. 84, 549, 550. 
 
 of justification in slander and libel. 91, 
 306. 
 
 of negligence of druggists. 55, 256. 
 
 of overthrowing presumption of payment 
 from lapse of time. 18, 879, 882. 
 
 of res judicata. 44, 563. 
 
 respecting collisions on highways. 48, 
 371, 373. 
 
 that loss by carrier is within the exemp- 
 tion of a contract. 88, 121-125. 
 
 to establish diligence in delivery of tele- 
 gram. 27, 925. 
 
 to establish partnership. 22, 762. 
 
 IV. Competent and Material Kridence. 
 
 Competent and material evidence. 
 
 accident as evidence of negligence. 20, 
 490-495. 
 
 agreement seeking to regulate the admis- 
 sion and force of evidence. 8, 921-924. 
 
 as bearing on the credibility or bias of a 
 witness. 82, 25-68. 
 
 belief of a party may be proved by him- 
 self. 21, 314. 
 
 experiments as evidence. 53, 375-385. 
 
 in actions for alienating husband's affec- 
 tions. 46, 475. 
 
 in actions for malicious prosecution. 26, 
 153-162. 
 
 in burglary. 2, 396-398. 
 
 in lunacy proceedings. 43, 537, 538. 
 
 in qui tarn actions. 50, 557. 
 
 in rescission of sale for fraud. 18, 364, 
 365. 
 
 intoxication as evidence of negligence. 
 25. 43. 
 
 Competent and material evidence — Continued. 
 motive or intent, party may testify to. 
 
 21, 314. 
 nunc pro tunc entry of judgment, on what 
 
 evidence based. 4, 831-833. 
 of absent witnesses, when admissible in 
 
 criminal trials. 61, 886-892. 
 of adoption of corporate seal. 50, 158. 
 of dedication of highway. 57, 750-756. 
 of domestic relations and number in 
 
 family of person seeking to recover for 
 
 personal injuries. 85, 835-842. 
 of estoppel where no opportunity to plead 
 
 it, 27, 345, 346. 
 of fraudulent conveyances, ll, 757-759. 
 of husband or wife to prove illegitimacy 
 
 of child born in wedlock. 69, 571.-574. 
 of intent of party in doing act. 21, 316- 
 
 318. 
 of intoxication. 25, 44. 
 of justification in slander and libel. 91, 
 
 306-309. 
 of other crimes in action for malicious 
 
 prosecution. 26, 169. 
 of other fires to show negligence of rail- 
 road company. 42, 538. 
 of other illicit acts of intercourse in 
 
 seduction prosecution. 8, 870, 871. 
 of other similar crimes in conspiracy. 3, 
 
 484., 
 of partnership. 22, 761, 762. 
 of plaintiff's family, wlietEer admissible 
 
 in actions for personal injuries. 85, 
 
 835-840. 
 of revival of revoked will. 28, 355, 356. 
 of revocation of wills. 28, 361, 362. 
 of undue influence. 31, 686-691. 
 possession of stolen property, m burglary. 
 
 2, 397, 398. 
 repairs or improvements after accident 
 
 not evidence of negligence. 18, 307, 310. 
 res gestae in action for alienating wife's 
 
 affections. 44, 848-850. 
 respecting plaintiff's family, when admis- 
 sible in actions to recover for his death. 
 
 85, 840-842. 
 searches and seizures for evidence, when 
 
 justifiable. 61, 351-355. 
 See Appeal for evidence on appeal. 
 See Criminal Law for evidence in criminal 
 cases, 
 statutes changing rules of, as ex post 
 
 facto. 37, 594. 
 to show whether a judgment is res judi- 
 cata. 44, 562-572. 
 to .support innuendo. 53, 698-701. 
 where parties claim under common source 
 of title. 47. 75-78. 
 
 V. Best and Secondary Evidence, 
 
 secondary evidence of unstamped writ- 
 ings. 84, 191. 
 
 when ballots produced at an election con- 
 test are, and when not, to be regarded 
 as the best evidence of the vote cast. 
 11, 798-800. 
 
 VI, Demonstrative Kvidence. 
 
 Kxperiments as evidence. 
 
 compelling witness or other person to 
 write in the presence of the court or 
 
Evidence 
 
 IXDEX-DIGEST TO NOTES. 
 
 90 
 
 Experiments as evidence — Continued. 
 
 discretion of court in admitting or ex- 
 eluding evidence of. 5S, 375. 
 
 evidence of, is not admissible where the 
 conditions are not similar. ff3, 381, 
 382. 
 
 experiments as evidence. 53, 375-385. 
 
 jurors are not permitted to make, them- 
 selves. 53, 377, 378. 
 
 principle upon which a thing or machine 
 works may be shown to the jury. 53, 
 380. 
 
 Photographs as evidence. 
 
 defendant's appearance at time of crime 
 may be shown by. 75, 479. 
 
 documents both public and private may 
 be proved by, after preliminary proof 
 of accuracy. 75, 476. 
 
 foundation must be laid for, before ad- 
 missible. 75, 468. 
 
 handwriting may be proved by, after pre- 
 liminary proof of accuracy. 75, 476, 
 477. 
 
 identification of person by. 75, 475, 476. 
 
 identity of one committing larceny may be 
 shown by. 75, 479. 
 
 in criminal cases are proper. 75, 477. 
 
 letters, when may sho\\Ti by. 75, 476. 
 
 of deceased persons are admissible on 
 question of identity. 75, 478. 
 
 of physical condition of persons injured 
 are admissible. 75, 473, 474. 
 
 of premises and physical objects gener- 
 ally are admissible. 75, 469-473. 
 
 of premises are admissible, where inspec- 
 tion impracticable. 75, 471. 
 
 of wounds which killed deceased are ad- 
 missible. 75, 479. 
 
 paternity of child may be shown by. 75, 
 474, 475. 
 
 scene of crime may be shown, after pre- 
 liminary proof of accuracy. 75, 477, 
 478. 
 
 secondary evidence, only admitted as. 75, 
 468. 
 
 signatures cannot be shown by, when 
 original can be had. 75, 476. 
 
 signatures may be proved by. 75, 476, 
 477. 
 
 verification of, who may furnish. 75, 471. 
 
 X-ray, of physical injuries are admissible. 
 75, 474. 
 
 Physical examination. 
 
 appeal, reviewing the discretion of trial 
 courts in making orders upon this sub- 
 ject. 68, 248. 
 
 application for, at what time must be 
 made. 68, 249. 
 
 cases denying right of the courts to au- 
 thorize. 68, 245, 246. 
 
 compelling party to submit to. 3, 554- 
 557. 
 
 enforcement of orders requiring submis- 
 sion to. 68, 250, 251. 
 
 exhibiting injuries to jury in action for 
 personal injuries. 3, 557. 
 
 females, when will be required to submit 
 to. 68, 248, 249. 
 
 in actions for personal injuries, discretion 
 of court to order. 68, 244-247. 
 
 Physical examination — Continued. 
 
 in cases invoMng charges of impotence. 
 68, 243, 251. 
 
 in matters of marriage and divorce. 68, 
 251. 
 
 in suits for divorce or annulment of mar- 
 riage. 3, 556, 557. 
 
 power of court to order. 3, 554-556; 68, 
 242-252. 
 
 statutes authorizing court to direct are 
 constitutional. 68, 246. 
 
 when may take place in open court. 68, 
 250. 
 
 VII. Admissions. 
 
 admissions as evidence of partnership. 
 
 22, 762. 
 admissions by partners after dissolution. 
 
 40, 566, 567. 
 confessions in criminal ease. 6, 242-251. 
 
 VIII. Declarations. 
 
 as evidence of partnership. 22, 762. 
 
 by injured party as to his injuries. 2, 39. 
 
 dying declarations in criminal eases. See 
 
 Criminal Law. 
 dying declarations not admissible in civil 
 
 cases. 86, 667, 668. 
 of accused in burglary. 2, 398. 
 of conspirators as evidence. 3, 487-489. 
 qf husband in actions for alienating his 
 
 affections. 46, 476. 
 of one in possession of chattel. 3, 206. 
 of parties to written contract, cannot 
 
 vary. 56, 660. 
 of testator as to fact of undue influence. 
 
 31, 690, 691. 
 of testator as to revocation of will. 28, 
 
 361, 362. 
 of testator to explain will. 50, 280-282. 
 
 IX. Documentary Evidence. 
 
 Documentary evidence in general. 
 
 ancient deeds, admissibility of. 9, 302- 
 304. 
 
 books and papers, power to compel party 
 to produce. 41, 388-396. 
 
 books and papers, production of, when 
 will not be compelled. 32, 6^43-648. 
 
 corporate records, admissibility. 13, 550- 
 552. 
 
 documents admissible to afifeet the credi- 
 bility of a witness. 82, 46-49. 
 
 evidence given on former trial in pivil 
 eases, when admissible. 91, 192-208. 
 
 in conspiracy. 3, 484-486. 
 
 journals of legislature may be referred to 
 to show passage of statute. 12, 217- 
 219. 
 
 judgment as evidence of indebtedness in 
 actions between third persons. 41, 103, 
 104. 
 
 letters between husband and wife, when 
 not admissible in evidence. 29, 414-418. 
 
 letters in suit for alienating wife's affec- 
 tions. 44, 848-850. 
 
 protection of books and papers from ex- 
 amination, right of person to. 32, 643- 
 648. 
 
 receipts of officers as evidence against 
 their sureties. 3, 749, 750. 
 
97 
 
 INDIEX-DIGEST TO NOTES. 
 
 Evidence 
 
 Documentary evidence in general — Continued. 
 
 receipts of principal as evidence against 
 sureties. 10, 847. 
 
 standard life tables, to show probable 
 duration of life. 12, 380. 
 
 stock books as evidence of ownership of 
 stock. 3, 866, 867. 
 
 tax deeds as evidence, power of legislature 
 to make. 4, 187-189. 
 
 unstamped writings, effect of act of con- 
 gress on the admission in evidence of. 
 84, 185-195. 
 
 Stenographers' notes. 
 
 are mere minutes of verbal testimony. 
 81, 358, 359. 
 
 are not depositions. 81, 366. 
 
 are not public records. 81, 358. 
 
 contradictions of witness by. 81, 363, 
 364. 
 
 criminal cases, statutes authorizing use 
 of in. 81, 360. 
 
 deceased witness, proof of, by, of his tes- 
 timony at a former trial. 81, 360, 361. 
 
 depositions taken in shorthand. 81, 366- 
 368. 
 
 evidence, when entitled to admission as. 
 81, 359, 360. 
 
 impeaching witness by. 81, 363, 364. 
 
 reporter may testify therefrom though he 
 
 has no independent recollection. 81, 365, 
 366. 
 
 stenographers' notes of deceased or ab- 
 sent witness. 61, 890-892. 
 
 use of, to refresh reporter's memory. 81, 
 364, 365. 
 
 X. Parol E-ridence to Affect Writings. 
 
 Parol evidence to vary or affect writings. 
 
 affecting receipts. 11, 393, 394. 
 
 antecedent, contemporaneous or subse- 
 quent agreements. 11, 394. 
 
 antecedent parol agreement. 11, 894. 
 
 as to execution of written instruments. 
 11, 394. 
 
 carriers, parol evidence to prove modifica- 
 tion of contracts of. 56, 66S. 
 
 consideration essential to support parol 
 change of. 56, 664. 
 
 contract of indorsement, to vary. 7, 366, 
 367. 
 
 contradicting record of judgment. -3, 
 106, 107, 117. 
 
 declarations of the parties, evidence of 
 cannot vary or add to. 56, 660. 
 
 establishing boundaries. 22, 34-36. 
 
 evidence to modify should be clear. 66, 
 668. 
 
 insurance, change by parol of terms of. 
 56, 666. 
 
 leases, parol changes in. 56, 667. 
 
 modification by parol, when valid. 56, 
 666. 
 
 mortgages, parol changes in terms and 
 conditions of. 56, 667. 
 
 parol agreements to change rates of in- 
 terest. 56, 664. 
 
 parol change of place of performances. 
 56, 664. 
 
 parol evidence affecting assignments. 56, 
 663. 
 
 Index-Digest — 7 
 
 Parol evidence to vary or affect writings — 
 Continued. 
 
 parol evidence of abandonment of. 56, 
 662. 
 
 parol evidence of contemporaneous agree- 
 ments. 11, 893, 894. 
 
 parol evidence of contemporaneous cir- 
 cumstances and conduct of the parties. 
 11, 894. 
 
 parol evidence to contradict. 56, 659. 
 
 parol evidence to explain writings. 15, 
 714, 715; 56, 660, 661. 
 
 parol evidence to prove waiver, abandon- 
 ment, or discharge of. 56, 672. 
 
 parol extension of time for performance 
 of contract. 56, 664. 
 
 parol testimony in reference to written 
 contract. 11, 893, 894. 
 
 parol waivers of, evidence requisite to 
 prove. 56, 668. 
 
 promissory notes, varying by parol evi- 
 dence. 56, 669. 
 
 required by statutes of frauds, whether 
 may be changed by parol. 56, 671. 
 
 respecting judicial proceedings. 11, 394. 
 
 sales, parol evidence ^o sliow change in 
 contract of. 56, 669. 
 
 specialties, parol executory agreements 
 cannot modify. 56, 669. 
 
 specific performance, parol evidence to 
 show waiver of right of. 56, 670. 
 
 subsequent parol agreement. 11, 894. 
 
 subsequent parol agreements to vary a 
 writing. 56, 659-672. 
 
 tax deeds as evidence of title. 28, 19, 20. 
 
 to add to, vary, or contradict writings. 
 11, 395. 
 
 to identify property in chattel mortgage. 
 14, 239. 
 
 to impeach certificate of acknowledgment. 
 54, 156, 157. 
 
 to prove that real estate belongs to part- 
 nership. 48, 65. 
 
 to reform instruments. 65, 491, 492. 
 
 to show that acknowledgment was taken 
 before an interested officer. 56, 801. 
 
 to show that will was revoked by mis- 
 take. 48, 201, 202. 
 
 to show warranty outside of contract of 
 sale. 5, 197-199. 
 
 to show warranty outside of deed or other 
 agreement relating to land. 5, 199-201. 
 
 to supply omissions in corporation rec- 
 ords. 13, 550, 551. 
 
 to supply omissions in municipal records. 
 13, 551. 
 
 to vary effect of indorsement by a 
 stranger before delivery. 72, 678-681. 
 
 usury, .parol evidence to establish. 46, 
 191. 
 
 wills, extrinsic evidence to explain. 50, 
 279-294. 
 
 See Wills. 
 
 XI. Opinion E^Tldence. 
 
 Opinions. 
 
 as to value of land taken under eminent 
 domain. 22, 51. 
 
 conclusions of jurors as to what was 
 decided, not admissible to show res judi- 
 cata. 44, 571, 572. 
 
 dying declarations cannot show opinions. 
 86, 649-652. 
 
Excavations 
 
 INDEX-DIGEST TO NOTES. 
 
 98 
 
 Opinions — Continued. 
 
 in burglary. 2, 397. 
 
 in eminent domain, as to value of land 
 
 taken. 19, 460. 
 of nonexperts, when admissible. 30, 38, 
 
 39. 
 of physician as to personal injury. 10, 
 
 63, 64. 
 reputation of plaintiff, in action for 
 
 malicious prosecution. 26, 156, 158, 
 
 159. 
 
 XII. Evidence at Former Trial. 
 
 Evidence given at former trial. 
 
 absence of witness as ground for admis- 
 sion of. 91, 195-197. 
 
 applies to any former proceeding involv- 
 ing same parties and subject matter. 
 91, 201, 202. 
 
 bill of exceptions or brief of evidence to 
 prove. 91, 207. 208. 
 
 death of witness as ground for admission 
 of. 91, 193, 194. 
 
 grounds of admission. 91, 193-202. 
 
 incapacity of witness as ground for ad- 
 mission of. 91, 194, 195. 
 
 mode of proof of. 91, 206-208. 
 
 necessity for identity of issues and sub- 
 ject matter to be admissible in other 
 actions. 91, 198, 199. 
 
 necessity for identity of parties to be ad- 
 missible in other actions. 91, 199, 200. 
 
 notes of testimony taken at time to prove; 
 91, 206, 207. 
 
 opportunity to cross-examine at former 
 trial necessary. 91, 200, 201. 
 
 parties and issues must be identified to 
 render admissible. 91, 202, 203. 
 
 preliminary evidence necessary to render 
 admissible of. 91, 202-206. 
 
 qualifications of witness to give. 91, 204- 
 206. 
 
 showing death, illness, or absence of wit- 
 ness. 91, 203, 204. 
 
 subsequent interest of witness as ground 
 for admission of. 91, 197, 198. 
 
 when admissible in other . actions or pro- 
 ceedings. 91, 198-200. 
 
 XIII. Sufficiency of Evidence. 
 
 Bufjloiency of evidence. 
 
 auditor's report, may be made prima 
 facie evidence. 36, 685. 
 
 conclusive presumptions in tax cases. 
 36, 686-688. 
 
 conclusive presumptions, power of legis- 
 lature to make. 36, 686-689. 
 
 criminal prosecutions, what may be made 
 prima facie evidence in. 36, 685, 686. 
 
 gambling, what prima facie evidence of. 
 36, 685. 
 
 liquors, imlawful sale of, what may be 
 made sufficient evidence of. 36, 684. , 
 
 prima facie evidence, legislature making 
 facts. 36, 682-689. 
 
 protest of bills or notes, when sufficient 
 evidence. 36, 685. 
 
 tax deeds may be made prima facie evi- 
 dence by legislature. 36, 683, 684. 
 
 to show that partnership real estate is 
 held as firm assets. 48, 69, 70. 
 
 EXCAVATIONS, 
 children injured by. 49, 423-426. 
 liability of person making. 33, 468-470. 
 
 EXCESSIVE SENTENCE. 
 validity of. 55, 267-269. 
 
 EXCHANGE. 
 
 boards of, jurisdiction of courts over. 
 68, 862. 
 
 charge of, not constitute usury. 46, 195. 
 
 of personal property by infant. 18, 595, 
 596. 
 
 of property, damages for breach of war- 
 ranty of title in. 24, 268. 
 
 EXCLUSIVE PEIVILEaES. 
 
 common carriers granting. 62, 515-519. 
 grant of, by carrier, to hackmen and 
 others. 22, 699-702. 
 
 EXCURSION TICKETS. 
 
 passenger bound by, though unsigned. 
 84, 405, 406. 
 
 EXECUTION. 
 I. Property Subject to Execution. 
 II. Ijcvy, 
 
 III. Sale. 
 
 IV. Return. 
 V, Receivers. 
 
 "VI. "Wrongful Execution. 
 
 I. Property Subject to Execution. 
 
 Ii'xecution. 
 
 against corporate franchises. 35, 396. 
 
 against homestead in excess of statutory 
 value. 21, 30. 
 
 against property in hands of receiver. 2, 
 403, 404; 71, 371. 
 
 crops on homestead, whether. 34, 493, 
 494. 
 
 exemption laws, extraterritorial effect of. 
 2, 240-242. 
 
 exempt property. See Exemption. 
 
 homestead, levy on, is void. 38, 247. 
 
 interest of beneficiary in spendthrift 
 trust. 24, 686-697. 
 
 land of cotenant, sale of. 23, 651. 
 
 on one partner's interest in firm prop- 
 erty. 57, 436-443. 
 
 partnership property, execution by in- 
 dividual creditors. 43, 371, 372. 
 
 partnership real estate, levy upon for debt 
 of partner. 48, 73. 
 
 property in hands of receiver. 71, 370. 
 
 wages, exemption of. 2, 240. 
 
 II. Levy. 
 
 levy of process outside of state. 6, 189. 
 levy on partnership assets of writ against 
 
 one partner. 57, 436-443. 
 levy "svithout taking manual possession as 
 
 a conversion. 24, 798, 799. 
 
 III. Sale. 
 
 Sales generally. 
 
 betterments, purchaser whether may re- 
 cover for. 81, 180. 
 
99 
 
 INDEX-DIGEST TO NOTEiS. Executors and Administrators 
 
 Sales generally — Continued. 
 
 eonflrmation of judicial sales. 29, 495- 
 499. I 
 
 deficiency on resale, recovery of. 27, 766. 
 
 laches in moving to vacate. 2, 798. 
 
 notice of equities, effect of upon plaintiflf 
 purchasing at. 79, 953. 
 
 plaintiff purchasing at, cases holding him 
 not entitled to protection against un- 
 recorded conveyances. 79, 948, 9'49. 
 
 plaintiff purchasing at, effect of subse- 
 quent reversal of the judgment upon 
 his title. 79, 953. 
 
 plaintiff purchasing at, is a bona fide pur- 
 chaser. 79, 9r48. 
 
 purchase by executor of real property of 
 decedent. 78, 178, 195, 196. 
 
 purchaser takes subject to senior mort- 
 gage lien. 88, 359, 360. 
 
 registration laws protect plaintiffs pur- 
 chasing at. 79, 948. 
 
 remedies against purchaser at. 27, 766. 
 
 sale after appointment of receiver. 71, 
 374, 375. 
 
 secret equities, plaintiff purchasing with- 
 out notice of, is not subject to. 79, 
 949-952. 
 
 subrogation, right to, of purchaser at, 
 void. 2, 330. 
 
 title of purchaser at sale of partnership 
 property on levj against individual 
 partner. 57, 441. 
 
 vacation of sales under execution. 7, 786. 
 
 Redemption. 
 
 redemption by a creditor does not entitle 
 
 him to hold the property as security 
 
 for another debt. 67, 515. 
 redemption by creditors. 21, 245. 
 redemption by grantee of judgment 
 
 debtor. 21, 244; 67, 510, 511. 
 redemption by a grantee or junior mort- 
 gage, effect of. 67, 513, 514. 
 redemption by a subsequent lienholder, 
 
 whether reinstates the judgment lien. 
 
 67, 512. 
 redemption by judgment creditors. 21, 
 
 245. 
 redemption by trustees of absent debtor. 
 
 21, 245. 
 redemption, effect of, under a void judg- 
 ment. 67, 515. 
 redemption from execution sales, who may 
 
 redeem. 21, 243-245. 
 redemption from sales, effect of. 67, 510- 
 
 517. i 
 
 redemptioner is a purchaser for value. 
 
 67, 514. 
 redemption reinstates the lien of the 
 
 judgment. 67, 510, 511. 
 strangers cannot redeem. 21, 245. 
 
 IV. Return. 
 
 effect of, on right to file creditor's bill. 
 ^ 66, 276-284. 
 
 when necessary before filing creditor's bill. 
 66, 276, 277. 
 
 V, Receivers. 
 
 receivers in execution. 72, 94. 
 
 VI. Wronj^fnl Ejxecntlon. 
 
 abuse of writ of execution. 86, 400-402. 
 
 Execution — Continued. 
 
 excessive levy as abuse of process. 86, 
 
 404. 
 exemplary damages for levying on exempt 
 
 property. 28, 879. 
 
 EXECUTORS AND ADMINISTRATORS. 
 
 1. Appointment. 
 II. Management of Sstate. 
 
 III. Support of Family of Decedent. 
 
 IV. Claims Against Estate. 
 V. nistribntlon of Estate. 
 
 VI. Sale of Decedent's Property. 
 
 VII. Actions. 
 
 VIII. Accounting. 
 
 IX. Foreign and Ancillary Adnilnls- 
 trators. 
 X. Bonds. 
 
 I. Appointment. 
 
 Appointment. 
 
 administration of wife's estate, husband's 
 
 right. 12, 82. 
 appointed in different states, there is no 
 
 privity between. 45, 671. 
 collateral attack upon because decedent 
 
 left no debts. 81, 555. 
 collateral attack upon because decedent 
 
 left no estate. 81, 557, 558. 
 collateral attack upon because of failure 
 
 to give bond. 81, 554, 555. 
 collateral attack upon, because of fail- 
 ure to take oath or give bond. 81, 552, 
 
 553. 
 collateral attack upon, because of fraud. 
 
 81, 560, 561. 
 collateral attack upon, because of irregu- 
 larities in the proceedings. 81, 552- 
 
 554. 
 collateral attack upon, because of the 
 
 existence of a will. 81, 555, 556. 
 collateral attack upon, because of want 
 
 of competency of the administrator. 
 
 81, 559, 560. 
 collateral attack upon, because there was 
 
 no necessity for the appointment of an 
 
 administrator. 81, 555. 
 collateral attack, where statute fails to 
 
 provide for estates of persons who died 
 
 before its passage. 81, 542, 543. 
 competency of the administrator cannot 
 
 be questioned after the issuance of 
 
 letters. 81, 559, 560. 
 equity has no jurisdiction to set aside. 
 
 81, 560. 
 estoppel against administrator attacking 
 
 grant of letters to himself. 81, 561. 
 fraud as a ground for attacking collater-. 
 
 ally. 80, 559, 560. 
 grant of letters when conclusive except 
 
 upon appeal. 81, 537. 
 joint application for fetters in several 
 
 estates. 81, 554. 
 jurisdiction, effect of court having. 81, 
 
 536-538. 
 jurisdiction to appoint, record shows 
 
 none. 81, 536. 
 jurisdiction to grant letters, want of ap- 
 pearing by the record. 81, 536. 
 
Executors and Administrators INDEX-DIGEST TO NOTES. 
 
 100 
 
 Appointment — Continued. 
 
 on the estate of a living person. 81, 543, 
 
 S46. 
 petition, defective, when will not support 
 
 grant of letters. 81, 541. 
 premature appointment of administrator 
 
 does not make void. 81, 554. 
 principal administration, where must be. 
 
 45, 664. 
 recita;ls of facts authorizing granting of 
 
 letters are conclusive. 81, 538-542. 
 recitals of jurisdictional facts to support, 
 
 effect of absence of, from the record. 
 
 81, 538, 539. 
 second grant of letters, when void. 81, 
 
 546-548. 
 validity of, facts essential to. 81, 536. 
 void because granted after a great lapse 
 
 of time. 81j 559. 
 void because granted by a judge disquali- 
 fied to act. 81, 543. 
 void because granted in a county of which 
 
 decedent was not a resident. 81, 549- 
 
 552. 
 void because granted when the intestate 
 
 was not dead. 81, 543-546. 
 void because granted when the court had 
 
 no autljority over the estate. 81, 542. 
 void because granted where the oilicer 
 
 had no authority to act. 81, 542. 
 void because of a previous grant of letters 
 
 which remains in force. 81, 546-548. 
 void because the estate had been previ- 
 ously fully administered. 81, 559. 
 void, cannot be validated by lapse of time. 
 
 81, 559. 
 
 II. Manasement of Estate. 
 
 Management of estate. 
 
 agents, authority of, to employ. 78, 203, 
 204. 
 
 agreements made by, do not bind the es- 
 tate. 52, 121. 
 
 are not liable officially upon contracts 
 made by them. 52, 121. 
 
 attorneys at law, compensation of, can- 
 not be fixed by agreement with. 52, 
 122. 
 
 authority of, to carry on the decedent's 
 business. 78, 196, 197. 
 
 authority of, to enforce contracts for the 
 sale of real property, 78, 178. 
 
 authority of, to indorse promissory notes. 
 78, 192. 
 
 authority of, to make inve9tments. 78, 
 197-200. 
 
 authority of, to make loans. 78, 199. 
 
 authority of, to make new contracts. 78, 
 201-203. 
 
 authority of, to mortgage or pledge per- 
 sonal property. 78, 184. 
 
 authority of, to perform contracts for 
 the purchase of real property. 78, 178. 
 
 authority of, to perform executory con- 
 tracts of the decedent. 78, 200. 
 
 authority of, to sell personal property. 
 78, 179, 180. 
 
 authority of, to sell real property. 78, 
 176. ' 
 
 care, prudence and judgment required. 
 12, 311. 
 
 collection of debts by. 78, 190-192. 
 
 Management of estate — Continued. 
 
 contests of the will, acts of, pending. 78, 
 
 173. 
 contract, decedent's mere offer of, not bind 
 
 personal representative. 22, 815. 
 contracts of, do not bind the estate. 78, 
 
 201, 202. 
 contracts of the decedent, authority of, to 
 perform. 78, 200. 
 
 contracts of decedents, liability upon. 52, 
 " 126. 
 
 contracts of, personal liability of, upon. 
 52, 120, 121. 
 
 contracts of which may be specifically en- 
 forced. 52, 119. 
 
 conversion, liability for. 52, 130. 
 
 covenant for quiet enjoyment, estate, 
 whether answerable for. 52, 134. 
 
 domiciliary authority of. 45, 672. 
 
 duty to collect assets and keep them in- 
 vested. 12, 312, 313. 
 
 duty to follow instructions in will. 12, 
 314. 
 
 embezzlement by executors and adminis- 
 trators. 87, 45. 
 
 embezzlement of, estate is not answerable 
 for. 52, 130. 
 
 foreign assets, accounting for. 45, 670. 
 
 foreign assets, duty respecting. 45, 667, 
 669. 
 
 foreign assets, liability for. 45, 669. 
 
 insurance no part of estate. 44, 409. 
 
 investments, authority of, to make. 78, 
 197. 
 
 investments, liability for. 12, 313-315. 
 
 investments, making of. 12, 313-315. 
 
 lease, liability upon covenants of. 52, 
 127. 
 
 liability for improper management. 12, 
 312-316. 
 
 liability for loss of money. 12, 312-316. 
 
 liability for carrying on decedent's busi- 
 ness. 78, 196. 
 
 liability of estate of deceased cosurety lor 
 contribution. 10, 644. 
 
 liability of estates of decedents for con- 
 tracts and torts of executors and ad- 
 ministrators. 52, 118-135. 
 
 misrepresentations of, liability of estates 
 for. 52, 130. 
 
 negligence of, the estate is not liable for. 
 52, 132, 133. 
 
 negligence respecting foreign assets, lia- 
 bility for. 45, 670. 
 
 personal property remaining after pay- 
 ment of debts, right of, at the common 
 law. 78, 181, 182. 
 
 personal property, right to possession of. 
 78, 179, 180. 
 
 power of, before the admission of the 
 will to probate. 78, 172. 
 
 power of, over personalty. 78, 179-182. 
 
 property outside the state, power over. 
 45, 664-674. 
 
 purchase by, at their own sales. 78, 195, 
 196. ' 
 
 purchase by, of the real property of the 
 decedent. 78, 178. 
 
 real estate, no title vested in at the com- 
 mon law. 52, 119. 
 
 real property, have no power over. 78, 
 175-178. 
 
101 
 
 I>PDEX-DIGEST 
 
 Management of estate — Continued. 
 
 real property, sale of by, is not author- 
 ized. 78, 175. 
 
 receivers of decedent's estates. 72, 63- 
 166. 
 
 receivers to take property out of hands 
 of executors. 72, 64, 66. 
 
 sale of personal property by. 78, 192- 
 195. 
 
 skill and diligence required of adminis- 
 trators. 12, 311-316. 
 
 stocks, investments in, by. 78, 199. 
 
 title of executor, when accrues. 45, 666. 
 
 torts, have no authority to commit. 52, 
 129. 
 
 torts of, liability of estate for. 52, 126. 
 
 trover by, before probate of the will. 78, 
 172. 
 
 III. Support of FamllT- of Decedent. 
 
 family of the decedent, crediting for ad- 
 vances made for the support of. 78, 
 173, 174. 
 
 family of the decedent, have no author- 
 ity to support. 78, 173. 
 
 IV. Claims Against Estate. 
 
 acknowledgment of outlawed debts. 52, 
 123. 
 
 authority to compromise claims. 78, 187, 
 188. 
 
 authority to pay debt due themselves. 78, 
 186. ■ 
 
 authority to pay funeral expenses. 78, 
 183. 
 
 authority to submit claims to arbitration. 
 78, 187. 
 
 authority to waive the statute of limi- 
 tations. 78, 188, 189. 
 
 compromising of claims. 78, 188. 
 
 debts, authority to pay. 78, 185. 
 
 funeral expenses, authority of, to pay. 
 
 78, 183. 
 
 payment of debts, whether may receive 
 anything but money as. 78, 191. 
 
 setoff in favor of and against executors 
 and administrators. 47, 588, 589. 
 
 statutes of limitations, waiver of. 52, 
 123; 78, 188-190. 
 
 V. Dlstrlbntlon of Estate. 
 
 Payment of legacies. 
 
 authority of, to pay legacies. 78, 205-207. 
 legacies, authority of, to pay. 78, 205- 
 207. 
 
 VI. Sale of Decedent's Property. 
 
 Sale of decedent's property/. 
 
 authority to make sales. 3, 204. 
 
 debts, sale for the payment of. 79, 83- 
 86. 
 
 debts, sale for the payment of, cannot be 
 compelled where decedent was not Bur- 
 dened with liability for such payment. 
 
 79, 83-86. 
 
 legacies, sale for the payment of. 79, 86. 
 personal property, power of, to dispose 
 
 of. 52, 118. 
 sale for investment in. other property, 
 
 statutes authorizing. 79, 87, 88. 
 
 TO NOTES. Executors and Administi/ators 2. 
 
 \ \ 1936 
 
 Sale of decedent's property — Contiiyned\^^^ 
 
 sale for purposes of division, Ma^S&^fJI 
 
 authorizing. 79, 86. '>-:-5i£^ 
 
 sale for purpose of holding or investing 
 
 proceeds, authorizing. 79, 87-90. 
 sale for the best interest of the estate, 
 
 statutes authorizing. 79, 90-92. 
 sale of estate to make partition. 41, 149. 
 subrogation, right to, of purchaser at void 
 
 probate sale. 2, 330. 
 
 Laches in applying for order of sale, 
 
 estoppel may be created by, in less time 
 
 than .statute of limitations. 26, 27. 
 delay may defeat rigEE to sell property 
 
 to pay debts. 26, 23. 
 delay, reasonable, which will excuse. 26, 
 
 28, 29. 
 laches in applying for order to sell real 
 
 property to pay debts. 26, 22-29. 
 reasonable time in applying for order of 
 
 sale is in discretion of court, where no 
 
 statute. 26, 22-25. 
 rule against, when strictly applied. 26, 
 
 28. • 
 statute of limitations, adopted by courts 
 
 as against application to sell property. 
 
 26, 26. , 
 
 statute of nonclaim against administrator 
 
 as constituting, in application to sell 
 
 property for paying debts. 26, 27, 28. 
 under particular statutes. 26, 28. 
 what constitutes, in applying for order of 
 
 sale. 26, 25, 26. 
 
 Power of sale. 
 
 powers of sale in wills administrators are 
 not authorized to execute. 80, 102, 103. 
 
 powers of sale in wills administrators, lan- 
 guage of a will conferring authority 
 upon to execute. 80, 104, 105.. - 
 
 powers of sale in wills administrators, 
 statutes authorizing execution of by. 
 80, 104-108. 
 
 powers of sale in wills, administrators, 
 statutes when do not authorize execu- 
 tion of by. 80, 104-106. 
 
 powers of sale in will, agents, to what 
 extent donee may act by. 80, 122, 123. 
 
 power of sale in wills attached to office 
 when. 80, 110-115. 
 
 powers of sale in wills, delegation of is 
 not permitted. 80, 122, 123. 
 
 powers of sale in wills, executor of exec- 
 utor, whether may execute. 80, 123. 
 
 powers of sale in wills, executors who do 
 not qualify need not join in executing. 
 80, 101. 
 
 powers of sale in wills for the payment 
 of debts, survival oi. 80, 99. 
 
 powers of sale in wills joint, all the donees 
 must concur in the execution of. 80, 
 96, 97. 
 
 powers of sale in wills, joint, power of 
 testator to create. 80, 98. 
 
 powers of sale in wills, personal or dis- 
 cretionary, what are and what are not. 
 80, 109. 
 
 powers of sale in wills, survival of, on 
 the death of one executor. 80, 99. 
 
 powers of sale in wills to pay debts and 
 legacies, administrators, when may exe- 
 cute. 80, 111. 
 
Exemplary Damages 
 
 IXDEX-DIGEST TO NOTES. 
 
 102 
 
 Powe" of sale — Continued. 
 
 powers of sale in wills to sell real prop- 
 erty ioT the pvirposes of paxtition, 
 whether administrator may execute. 
 80, 112. 
 
 power of sale in wills, trust powers. 80, 
 115-121. 
 
 powers of sale in wills, when do not sur- 
 vive on the death of one of the execu- 
 tors. 80, 97. 
 
 powers of sale when may be executed by 
 less than all the qualified executors. 
 80, 101, 102. 
 
 powers of sale when two executors qualify. 
 Both must join in executing. 80, 101. 
 
 power of sale, who may execute. 80, y6. 
 
 power to sell can be exercised only in the 
 cases specified in the statute. 79, 82. 
 
 power to sell must be founded on legis- 
 lation or on a will. 79, 82. 
 
 TTI. Actions. 
 
 actions against, upon contracts made by 
 decedents. 52, 120. 
 
 actions against, upon contracts made by 
 themselves. 52, 120, 124. 
 
 judgment against, effect of. 52, 323. 
 
 lis pendens in proceedings against admin- 
 istrator. 56, 855. 
 
 money had and received, action against 
 for. 52, 124. 
 
 new parties, bringing in as. 50, 741. 
 
 penal statutes, action against, for viola- 
 tion of. 52, 133. 
 
 right to impeach or defend for fraud. 3, 
 740-742. 
 
 suit for equitable relief from judgment. 
 54, 254. 
 
 VIII. Acconnting^. 
 
 accounting with deceased administrator, 
 
 method of compelling. 8, 684. 
 executors are joint debtors. 
 
 IX. Foreign and Ancillary Adminin- 
 tratora. 
 
 ancillary administrator, right of appoint- 
 ment of. 45, 667. 
 
 ancillary letters, when must be obtained. 
 45, 664, 665. 
 
 foreign, duties of. 45, 665. 
 
 foreign, right of, to receive payment. 45, 
 665. 
 
 foreign, title of. 45, 665. 
 
 jurisdiction over foreign executors and 
 administrators. 6, 184, 185. 
 
 X. Bonds. 
 
 bondsmen, liability of, for foreign assets. 
 
 45, 670. 
 liability of administrators upon different 
 
 bonds executed at different times. 70, 
 
 444, 445. 
 
 EXEMPLARY DAMAGES. 
 
 rules concerning. 28, 870-883. 
 
 See Damages, 
 when proper. 9, 777. 
 
 EXEMPTIONS. 
 1. FersonR and Property AlTectcd. 
 n. Protection of Rlgrbta. 
 
 I, Persons and Property Alfected. 
 
 Persons and property affected. 
 
 exempt property exchanged for other 
 property, whether exempt. 66, 382. 
 
 extraterritorial effect of exemption laws. 
 2, 240-242; 19, 145-149. 
 
 farmer, when may claim. 22, 253. 
 
 horses used in business. 22, 253. 
 
 in favor of partners. 57, 437. 
 
 insurance of exempt property, proceeds 
 of, whether exempt. 66, 385, 386. 
 
 interest of eotenant. 1, 593-595. 
 
 judgment recovered for exempt property 
 is also exempt. 66, 383. 
 
 of life insurance policy. 29, 364, 365. 
 
 of partnership property. 1, 593-595. 
 
 of persons from grand jury service. 12, 
 902. 
 
 of proceeds and produce of a homestead. 
 45, 237-239. 
 
 pensions, proceeds of are exempt. 66, 386 
 
 pensions, property purchased with pro- 
 ceeds of. 66, 386. 
 
 proceeds of, exempt property, cases hold- 
 ing exemption applicable to. 66, 382, 
 383. 
 
 proceeds of exempt property, whether ex- 
 empt. 66, 381-387. 
 
 setoff will not be allowed against claim 
 for. 66, 385. 
 
 tools, when includes machinery. 22, 253. 
 
 voluntary sales of exempt property, pro- 
 ceeds of, are not ordinarily exempt. 
 
 66, 381. 
 
 wages due in another state. 2, 240. 
 
 Exemption laws as affecting laborers. 
 
 bookkeepers, whether within. 58, 306. 
 clerks, whether are within. 58, 305, 306. 
 commercial travelers, whether within. 58, 
 
 308. 
 mail carriers, whether within. 58, 308. 
 school teachers, whether within. 58, 308. 
 who are within the meaning of. 58, 305, 
 
 306. 
 
 II. Protection of Rights. 
 
 enjoining action in another state to 
 avoid the effect of exemption laws. 59, 
 
 •- 883. 
 
 seizure of exempt property as abuse of 
 process. 86, 403, 404. 
 
 EXPECTANCIES. 
 
 assignment of. 56, 339-361. 
 assignment of. See Descent and Distribu- 
 tion. 
 
 EXPLOSIVES. 
 Explosives. 
 
 care required in management of. 77, 29, 
 
 30. 
 children, liability for injuries resulting 
 
 from negligence in mode of keeping. 
 
 67, 140. 
 
 keeping of gunpowder, nitroglycerin and 
 
 like explosives, whether a nuisance. 
 
 67, 134. 
 keeping in a populous city, when not a 
 
 nuisance. 67, 138. 
 keeping or manufacturing on private 
 
 premises, when a nuisance. 67, 138. 
 
103 
 
 INDEX-DIGEST TO NOTES. 
 
 False Imprisonment 
 
 Explosives — Continued. 
 
 keeping of, in a wooden building, is negli- 
 gence. 67, 138. 
 
 municipal ordinances, storing in violation 
 of. 67, 137. 
 
 negligence is not necessary to sustain a 
 recovery for injuries resulting from 
 keeping or storing. 67, 134-136. 
 
 presumption of negligence from explosion 
 of a tank of oil. 67. 139. 
 
 risks of, are not assumed by persons liv- 
 ing near the places wbere they are 
 stored or manufactured. 67, 137. 
 
 EX POST FACTO. 
 
 See Constitutional Law. 
 statutes imposing greater penalty for 
 
 second offense are not. 64, ^79. 
 statutes which are. 37, 582-596. 
 
 EXPRESS COMPANIES. 
 
 carrier granting exclusive privileges to. 
 
 22, 700, 701. 
 discrimination between, by railroads. 11, 
 
 653. 
 duties of, as common carriers. 61, 360- 
 
 385. 
 relations of, to other common carriers. 
 
 62, 513-525. 
 
 See Carriers, 
 taxation of gross receipts of. 8, 509. 
 
 EXFBESS MESSENGER, 
 is a passenger. 61, 98, 99. 
 
 EXTRADITION. 
 
 Fugitive from justice. 
 
 arrest of. 1, 179. 
 
 arrest of, before demand made by the gov- 
 ernor of the state whence they have 
 fled. 46, 414-417. 
 
 arrest of, on what may be barsed. 46, 415. 
 
 constitutionality of sta&tes respecting 
 surrender of. 68, 133, 134. 
 
 constitutional provisions respecting sur- 
 render of. 68, 129. 
 
 detention of, before any requisition is 
 made. 46, 415. 
 
 duty to surrender. 1, 179. 
 
 duty to surrender, whetlier discretionary 
 merely. 68, 130, 131. 
 
 forcibly bringing person within a country 
 without resorting to extradition. 10, 
 209, 210. 
 
 governor cannot be compelled to surren- 
 der. 68, 131. 
 
 habeas corpus. 1, 179. 
 
 obligation of one~ state to surrender to 
 another, on what rests. 68, 129-131. 
 
 refusal to surrender, when proper. 68, 
 131, 132. 
 
 right to try extradited person for other 
 offenses. 10, 207-210. 
 
 statutes authorizing and regulating ar- 
 rest and detention of. 46, 417. 
 
 statutes regulating executive duties re- 
 specting. 68, 133, 134. 
 
 warrant, when essential to authorize ar- 
 rest of. 46, 416. 
 
 EXTRATERRITORIAL. 
 
 effect of adoption. 39, 229-231. 
 effect of exemption laws. 2, 240-242. 
 
 EYE. 
 
 putting out, as mayhem. 65, 773. 
 
 FACTORS. 
 
 actions by, for acts injurious to them. 
 45, 209. 
 
 consignment of goods for sale does not 
 necessarily vest property in consignee. 
 45, 204. 
 
 consignment of goods for sale does not 
 subject them to claims of the. consignees' 
 creditors. 45, 204. 
 
 consignment of goods for sale must be 
 accepted by the consignee. 45, 203. 
 
 consignment of goods for sale vests title 
 in the consignee to the extent of ad- 
 vances made. 45, 204, 205. 
 
 consignment of goods for sale vests title, 
 when. 45, 203-210. 
 
 consignment of goods to be sold on com- 
 ' mission, assignment after. 5S, 209. 
 
 consignment of goods to be sold on com- 
 mission, attachment of. 45, 208, 209. 
 
 consignment of goods to be sold on com- 
 mission does not pass title. 45', 207. 
 
 consignment of goods to be sold on com- 
 mission, losses must be borne by the 
 consignor. 45, 210. 
 
 delegation of authority by. 50, 117. 
 
 pledge of goods by. 45, 204. 
 
 purchase by, of principal's property. 8D, 
 563. 
 
 sale by, as owners. 3, 201, 202. 
 
 sale of goods by, to pay private debt. 45, 
 204. 
 
 title vests in, to the extent of their ad- 
 vances. 45, 205. 
 
 FAILURE TO PROVIDE. 
 
 by husband, when made a, crime. 78, 
 245. 
 
 FALSE IMPRISONMENT. 
 
 Civil liability for false imprisonment. 
 amendments to pleadings in. 51, 424. 
 arrest, probable cause for, what is. 67, 
 
 416, 417. 
 arrest under erroneous process. 67, 417, 
 
 418. 
 arrest under regular writ or process can- 
 not be. 67, 410-412. 
 arrest without warrant, when constitutes. 
 
 67, 415. 
 arrest without warrant, when does not 
 
 constitute. 67, 415. 
 attorney, when liable for. 67, 425. 
 by words alone. 67, 408. 
 corporations, liability of, for. 67, 426. 
 definitions of. 67, 408, 409. 
 failure to take person arrested before a 
 
 magistrate. 67, 419, 420. 
 imprisonment for vagrancy is not. 38, 
 
 B46. 
 jailers, when liable for. 67, 424, 425. 
 judicial officers of superior courts, when 
 
 answerable. 67, 422-424. 
 
Kalse Pretenses 
 
 INDEX-DIGEST TO NOTES. 
 
 104 
 
 Civil liability for false imprisonment — Cont'd. 
 justices'of the peace, when liable for. 67, 
 
 423, 424. 
 legislature, liaWlity of members of for. 
 
 67, 427. 
 mental anguish as element of damages. 
 
 7, 535. 
 municipal corporations are not liable for 
 
 acts of their officers guilty of. 64, 424. 
 private person aiding an officer who has 
 
 authority to act. 67, 421. 
 private person aiding an officer who has 
 
 not authority to act. 67, 422. 
 private person making an arrest, when 
 
 justifiable. 67, 420, 421. 
 probable cause is a defense of actions 
 
 for. 67, 415, 416. 
 unlawful detention after arrest. 67, 419, 
 
 420. 
 void municipal ordinances, arrests under. 
 
 67, 424. 
 
 FALSE PRETENSES. 
 
 ability to repair wrong done, effect of. 
 
 25, 383. 
 belief, pretense must induce. 25, 379. 
 conceallnent not a false pretense. 25, 383. 
 crime of obtaining goods or money by. 
 
 25, 378-392. 
 deceive prudent persons, whether pretense 
 
 need. 25, 380, 382. 
 definition of the crime. 25, 378. 
 disbarment of attorney for. 45, 77. 
 distinguished from larceny and embezzle- 
 ment. 25, 391; 88, 571, 572. 
 elements of the crime. 25, 378. 
 evidence, burden of proof. 25, 389. 
 eviSenee in. 25, 387-391. 
 evidence of guilty intent. 25, 387-389. 
 evidence of other false pretenses. 25, 387. 
 evidence, sufficiency of. 25, 389, 390. 
 false statement becoming true before acted 
 
 upon. 25, 380. 
 false statements believed to be true. 25, 
 
 383. 
 false pretense, what is. 25, 379. 
 false representation, what is. 25, 379. 
 future events, representations concerning. 
 
 25, 379. . 
 illustrations of. 25, 380-382. 
 indictment for. 25, 384-386. 
 indictment for, essential averments. 25, 
 
 384-386. 
 instructions in. 25, 391, 392. 
 intent to defraud, presumption of. 25, 
 
 380. 
 intent to repair wrong done, effect of. 25, 
 
 383. 
 jurisdiction over. 25, 386, 387. 
 material part of pretense must be false. 
 
 25, 380. 
 obtaining charitable donations. 25, 383. 
 obtaining judgment by. 25, 383. 
 obtaining property to which one is en- 
 titled. 25, 383. 
 paying one's debt by. 25, 383. 
 place where committed. 44, 83. 
 property must be parted with. 25, 383. 
 receiver of money obtained by. 25, 382, 
 
 383. 
 true pretense believed to be false. 25, 383. 
 
 False pretenses — Continued. 
 
 value of thing obtained immaterial. 25, 
 
 380. 
 variance between pleading and proof. 25 
 
 390, 391. 
 venue of. 25, 386, 387. 
 
 FALSE BEFBESENTATION. 
 
 action for, when sustainable. 18, 555-563. 
 rescission of sale for. IB, 362, 363. 
 
 FASE. 
 
 payment of, by passenger, whether neces- 
 sary. 61, 85-88. 
 
 FABMEB. 
 
 when may claim property exempt from 
 execution. 22, 253. 
 
 FATHER. 
 
 as head of family. 70, 108-110. 
 liability for support of child after divorce. 
 
 47, 314-317. 
 right of, to custody of child. 2, 183-185. 
 suits by, for death of child. 70, 678. 
 
 FELLOW-SBBVANTS. 
 
 See Master and Servant, 
 shipowner, when liable for acts of. 31, 
 
 808, 809. 
 who are. 9, 342, 343. 
 wlio are and who are not. 1, 31-33. 
 
 FELONY. 
 
 arrest for, by policeman. 84, 683-685. 
 right to resist arrest for. 84, 698, 699. 
 
 FEMALES. 
 
 physical examination of, by order of court. 
 68, 248. 249. 
 
 FENCES. 
 
 barbed wire, care which must be exercised 
 in maintaiiiing~.~ 54, 514. 
 
 barbed wire, right of landowner to con- 
 struct. 54, 514. 
 
 cost of, as an element of damage in con- 
 demnation proceedings. 85, 304, 305. 
 
 covenants concerning, whether run with 
 the land. 82, 677, 678. 
 
 herding cattle on another's uninclosed 
 lands, liability for. 81, 446-453. 
 
 partition, party neglecting to repair can- 
 not recover for injuries resulting from 
 its condition. 54, 513. 
 
 party neglecting to repair, whether liable 
 to a neighbor for resulting damages. 
 54, 513. 514. 
 
 railways may be required to maintain. 
 62, 170. 
 
 FEBBIES. 
 
 state regulation of. 27, 555. 
 
 FICTITIOUS. 
 
 claim, in deeds of assignment, effect. 2, 
 
 person, conveyance to. 84, 238. 
 
105 
 
 INDEX-DIGEST TO NOTES. 
 
 ITixtures 
 
 FILINa PAPERS. 
 
 certificate of. 15, 296. 
 
 delivery to proper officer. 15, 295, 296. 
 
 fees for filing. 15, 296. 
 
 filing papers, what is, and evidence there- 
 of. 15, 294-298. 
 
 indorsement, when required. 15, 295-297. 
 
 of articles of incorporation, eflfect of fail- 
 ure in. 33, 179. 
 
 of bills of exceptions. 15, 297. 
 
 of claim against insolvent estate. 15, 
 296. 
 
 of chattel mortgage. 15, 295. 
 
 of deposition. 15, 296. 
 
 of paper for registration. 15, 296. 
 
 proof of filing. 15, 297. 
 
 FIBBARMS. 
 
 homicide in reckless use of, usually man- 
 slaughter. 90, 581-583. 
 
 FIRES. 
 
 bailee not usuallv liable for loss by. 30, 
 507. 
 
 damages for negligence in starting. 30, 
 507. 
 
 danger from, as an element of damage in 
 condemnation proceedings. 85, 308, 309. 
 
 destroving property to prevent spread of. 
 16, "615. 
 
 employer's liability for negligent starting 
 of, by independent contractor. 76, 420. 
 
 fire companies, jurisdiction of equity over. 
 68, 863. 
 
 fire limits, fourteenth amendment not af- 
 fect fixing of. 25, 889. 
 
 in clearing land, liability for. 30, 503. 
 
 injuries when proximate result of negli- 
 gence in starting. 36, 823-826. 
 
 kindling, on another's land, liability for. 
 30, 505. 
 
 leased premises destroyed by, effect on 
 rent. 61, 566-572. 
 
 liability of railways for. 62, 171. 
 
 loss by, what is included in. 23, 915-917. 
 
 manufacturers using, liability for. 30, 
 506. 
 
 municipal fire department, liability for 
 negligent management of. 30, 398, 399. 
 
 negligence as to, illustrations of. 30, 
 
 502, 503. 
 
 negligence as to, question for jury. 30, 
 
 503, 504. 
 
 negligence concerning, presumption as to. 
 
 30, 502. 
 negligence in setting, illustrations of. 30, 
 
 504, 505. 
 
 private person, liability for. 30, 501-507. 
 
 railroads, liability of, for fires. 42, 538- 
 542. 
 
 statutory liability for starting. 30, 505, 
 506. 
 
 to produce motive power, liability in us- 
 ing. 30, 506. 
 
 water companies, liability to citizens for 
 loss by fire. 81, 480-483. 
 
 FISH. 
 
 fisheries, regulation of, Dy the state. 53, 
 293. 
 
 FisJi — Continued. 
 
 fisheries, regulation of, whether a regula- 
 tion of commerce. 23, 837. 
 
 fisheries, right of nations to control, in 
 adjacent tide waters. 23, 837. 
 
 fisheries, right of states to regulate when 
 congress has not interposed. 23, 837- 
 841. I 
 
 fisheries, state ownership of. 23, 837. 
 
 fishing on bays and navigable waters. 
 13, 417. 
 
 fishing on private soil covered by naviga- 
 ble waters. 13, 417. 
 
 fishing on uunavigable waters. 13, 420. 
 
 fishing right of public on bays and navi- 
 gable waters. 13, 417. 
 
 right to fish on land of another. 13, 416- 
 420. 
 
 right of citizens to take, in navigable 
 streams. 53, 290. 
 
 FISHERMEN'S UNION. 
 
 jurisdiction of courts over. 68, 863. 
 
 FIXTURES. 
 
 license annexing, may remove them as 
 personal property. 84, 882, 8B3. 
 
 mortgagee's remedy for wrongful removal 
 of fixtures. 13, 153-156. 
 
 personal property, agreement that they 
 shall remain, binds lessor. 84, 8S9. 
 
 personal property, agreement that they 
 shall remain, character of. 84, . 878. 
 
 personal property, agreement that they 
 shall remain, effect as to execution 
 creditors and purchasers of fixture at 
 execution sale. 84, 896-898. 
 
 personal property, agreement that they 
 shall remain, effect as to purchaser at 
 mortgage foreclosure sale. 84, 895, 896. 
 
 personal property, agreement that they 
 shall remain, efCect as to prior mort- 
 gagee of realty. 84, 888-892. 
 
 personal property, agreement that they 
 shall remain, effect as to subsequent 
 mortgagee of realty. 84, 892, 893. 
 
 personal property, agreement that they 
 shall remain, effect as to subsequent 
 purchaser of realty. 84, 893-895. 
 
 personal property, agreement that they 
 shall remain, effect of, as to third par- 
 ties. 84, 887-901. 
 
 personal property, agreement that they 
 shall remain, inures to benefit of pur- 
 chaser or mortgagee of one who an- 
 nexes the fixture. 84, 898, 899. 
 
 personal property, agreement that they 
 shall remain, to what kind of property 
 limited. 84, 879, 880. 
 
 personal property, agreement that they 
 shall remain, when binds holders of 
 liens on the realty. 84, 900, 901. 
 
 personal property, agreement that they 
 shall remain, when binds vendor of 
 realty who retains lien on land. 84, 
 900, 901. 
 
 personal property, agreement that they 
 shall remain, when may be made. 84, 
 878. 
 
Flood 
 
 INDEX-DIGEST TO NOTES. 
 
 106 
 
 Fixtures — Continued. 
 
 personal property annexed by life ten- 
 ant, when remain such as to remainder- 
 man. 84, 899, 900. 
 
 personal property, conditional sale as 
 preserving character as. 84, 882. 
 
 personal property, express agreement be- 
 tween the parties that they shall re- 
 main. 84, 881. 
 
 personal property, giving chattel mortgage 
 as preserving character as. 84, 881, 
 8S2. 
 
 personal property, implied agreement be- 
 tween the parties that they shall re- 
 main. 84, 881. 
 
 personal property, when and against whom 
 fixtures may retain character of. 84, 
 877-901. 
 
 personal property, who may make agree- 
 ment that they shall remaip. 84, 878. 
 
 removal of, as injuring mortgagee's rights. 
 43, 434, 435. 
 
 tests for determining what are. 13, 153. 
 
 trade fixtures, used by tenant are per- 
 sonalty and may be removed. 84, 883- 
 887. 
 
 trade fixtures, what are. 84, 883-887. 
 
 trade fixtures, who and who may not re- 
 move. 84, 883-887. 
 
 FLOOD. 
 
 causing delay in transportation of goods, 
 
 eflFect of. 11, 362, 363. 
 of lands, as taking property for public 
 
 use. 16, 610, 611. 
 
 FOOD. 
 
 adulteration of, when a crime. 78, 261, 
 
 262. 
 regulation of sale of adulterated. 10, 423, 
 
 424. 
 
 FOOTMEN. 
 
 have no prior right in highways over 
 
 vehicles. 48, 376. 
 foot passengers, rights and duties of. 9, 
 
 878-880. 
 
 FOBBEABAITCE. 
 
 to sue, agreements for, effect of. 36, 145- 
 
 149. 
 to sue, exactions for, when usurious. 46, 
 
 187. 
 
 FOECIBLE ENTRY AND DBTAINEK. 
 
 cotenant recovering property in. 50, 843. 
 exemplary damages for forcible entry on 
 
 land. 28, 880. 
 possession, owner not allowed to take 
 
 forcible. 19, 544-547. 
 restitution of possession in. 17, 264, 265. 
 unlawful detainer, estoppel of tenant in 
 
 action of. 89, 114. 
 
 FORECLOSURE. 
 
 by holder of collateral security. 32, 729, 
 
 730. 
 corporate franchises, sale of, under. 35, 
 
 398-401. 
 
 Foreclosure — Continued. 
 
 parties to suit for, of mortgage. 1, 189, 
 190. 
 
 See Mortgages, 
 titles of land, whether may be litigated 
 in. 68, 354-362. 
 
 FOREIGN. 
 
 administrator, rights and duties of. 45, 
 
 665. 
 citizens, jurisdiction of courts over. 6, 
 
 179-190. 
 contracts, enforcement of. 55, 774-777. 
 corporation, garnishment of. 9, 674, 675. 
 corporations, jurisdiction over. 85, 905- 
 
 938. 
 corporations, service of process on. 85, 
 
 926-938. 
 executors. See Executors and Adminis- 
 trators, 
 guardians, rights and powers of. 89, 271- 
 
 275. 
 judgments, collateral attack upon. 23, 
 
 117. 
 principal, agent of, liability of. 22, 511, 
 
 512. 
 receivers, rights of. 71, 354. 
 receivers. See Receivers, 
 suits, to enforce personal liability of 
 
 stockholders. 37, 168-175. 
 
 FORFEITURE. 
 
 for breach of covenant restricting use of 
 
 land. 21, 485. 
 in mutual benefit insurance societies. 52, 
 
 574, 575. 
 of contingent remainders. 17, 840-842. 
 of corporate franchise. 5, 803-805; 8, 179- 
 
 201. 
 of corporate stock, as affecting liability 
 
 on subscription. 3, 821-823. 
 of equity of redemption, stipulation for is 
 
 invalid. 55, 104, 105. 
 of estate may be waived by reversioner 'or 
 
 remainderman. 14, 629. 
 of insurance in mutual benefit society. 
 
 19, 783-786. 
 of insurance policy, waiver of. 9, 236- 
 
 238. 
 of lease for breach of condition by lessee. 
 
 26, 911-913. 
 of lease, suit for, precludes action for 
 
 future breaches. 10, 493. 
 of life insurance policy because of suicide. 
 
 84, 539-555. 
 of life • insurance policy, for disease of 
 
 applicant. 3, 637. 
 of membership in voluntary association. 
 
 7, 168. 
 of mining claims. 87, 403-416. 
 of rights of husband or wife to succeed 
 
 to other's estate. 12, 91, 92. 
 relief in equity from. 86, 48-64. 
 
 FOREMAN. 
 
 whether a laborer. 58, 306. 
 
 FORGERY. 
 
 disbarment of attorney for. 45, 77. 
 forged conveyance, judgment based upon, 
 relief from. 54, 235. 
 
107 
 
 INDEX-DIGEST TO NOTES. 
 
 Fraud 
 
 Forgery — Continued. 
 
 forged mortgage n cloud on title. 45, 
 
 378. 
 forged wills will not be relieved against. 
 
 54, 219, 220. 
 of book accounts. 8, 467. 
 of certificate of record of deed. 8, 467. 
 of check, rights and remedies of parties 
 
 paying. 17, 889-899. 
 of copy of divorce decree. 8, 467. 
 of cost bill. 8, 467. 
 of deeds, renders them void. 23, 84. 
 of judgments, collateral attack because of. 
 
 80, 479-484. 
 of marriage certificate. 8, 467. 
 of names in official bonds, whether dis- 
 charges surety. 90, 204. 
 of name of principal or another surety, 
 
 when surety liable. 8, 246, 247. 
 of negotiable instruments, effect of. 37, 
 
 459. 
 of order for delivery of property. 8, 468. 
 of receipt. 8, 467. 
 of release of mortgage. 8, 467. 
 of statement of work done. 8, 468. 
 of theatre ticket. 8, 468. 
 of unstamped writings. 84, 197-199. 
 of writings. 8, 466-469. 
 place where committed. 44, "83. 
 ratification of. 59, 641. 
 ratification of, by principal. 5, 618. 
 what may be the subject of forgery. 8, 
 
 466-470. 
 
 FOBMEE ACQXnTTAL. 
 
 as a defense to crime. 11, 228, 229. 
 
 FOEMEB TRIAL. 
 
 evidence given on, admissibility of. 91, 
 192-208. 
 
 FOETTTNE TELLERS, 
 belief in, as insane delusion. 63, 92. 
 
 FOURTEENTH AMENDMENT. 
 
 and its application. 23, 27. 
 corporations are protected by. 62, 167- 
 
 172. 
 
 See Constitutional Law. 
 with respect to special privileges, burdens 
 
 and restrictions. 25, 870-890. 
 
 FRANCHISES. 
 
 Franchises generally. 
 
 corporation has none before incorporation. 
 13, 28. 
 
 damages .for taking. 4, 404. 
 
 injunction to protect. 5, 353. 
 
 of corporations, effect of dissolution on. 
 7, 721-725. 
 
 of corporation, taking under eminent do- 
 main. 9, 137. 
 
 of municipal corporation, legislative con- 
 trol over. 35, 539. 
 
 Public franchises. 
 
 a public trust. 35, 393. 
 execution against. 35, 396. 
 foreclosure sale of, incorporation of pur- 
 chasers at. 35, 399-401. 
 
 Putlic franchises — Continued. 
 
 grantee of, bound to performance of pub- 
 lic duties. 35, 394. 
 
 grant of, strictly construed. 35, 394, 395. 
 
 immunity from taxation, whether a. 35, 
 404, 405. 
 
 immunity from taxation, whether right 
 of, may be transferred. 35, 404, 405. 
 
 incorporation of purchasers of, at fore- 
 closure sale. 35, 399-401. 
 
 judicial sale of. 35, 401, 402. 
 
 leases of. 35, 402, 403. 
 
 legislative authority necessary for trans- 
 fer of. 35, 394, 395. 
 
 monopolies, transfer of franchise unlaw- 
 ful as tending to. 35, 395. 
 
 mortgage liens enforced against. 35, 398, 
 399. 
 
 mortgage of. 35, 398, 399. 
 
 nontransferability of. 35, 390-392. 
 
 nontransferability of, foundation of rule 
 as to. 35, 392, 393. 
 
 pledge of. 35, 399. 
 
 power of eminent domain as, transfer of. 
 35, 403. 404. 
 
 purchasers of, at foreclosure sale, incor- 
 porating, not liable for original debts. 
 35, 401. 
 
 right to transfer. 35, 390-407. 
 
 sale of. 35, 397, 398. 
 
 sale under mortgage. 35, 398, 399. 
 
 sequestration of profits of, by court of 
 equity. 35, 396. 
 
 subscriptions from municipalities, right 
 to receive, transfer of. 35, 404. 
 
 transfer of, illegal because a delegation 
 of powers. 35, 393, 394. 
 
 transfer of, methods of. 35, 397-399. 
 
 transfer of particular franchises. 35, 403- 
 407. 
 
 transfer of property essential to exercise 
 of. 35, 405-407. 
 
 transfer of, under legislative authority. 
 35, 396, 307. 
 
 transfer of, what it signifies. 35, 397. 
 
 FRATERNAL SOCIETIES. 
 
 remedies of members of. 59, 198-209. 
 See Associations. 
 
 FRAUD. 
 
 I. Fraud and Liability Tlierefor. 
 II. Relief Because of Fraud. 
 III. Criminal BesponslblUty. 
 
 I. Fraud and liiablllty Therefor. 
 
 Fraud. 
 
 as a defense to breach of promise. 40, 
 174, 175. 
 
 as ground for appointment of receiver. 
 
 72, 70, 71. 
 as ground for collateral attack on letters 
 of administration. 81, 560,501. 
 
 as ground for revocation of voluntary 
 trust. 34, 219. 
 
 assignment of expectancies, u fraud on an- 
 cestor. 56, 343. 
 
 bills and notes, in procuring delivery of. 
 37, 458-460. 
 
Fraud 
 
 INDEX-DIGEST TO NOTES. 
 
 108 
 
 Fraud — Con tinned. 
 
 cases of, not within prohibition against 
 imprisonment for debt. 37, 758-7B0. 
 
 disaffirmance of contract by infant not a 
 fraudulent act. 18, 661. 
 
 does not make marriage void. 79, 371- 
 373. 
 
 effect upon executed and executory con- 
 tracts. 3, 729-740. 
 
 fraud as recrimatory defense. 3, 727-745. 
 
 fraudulent statement of amount in con- 
 troversy so as to give jurisdiction. 21, 
 619. 
 
 in assignments for the benefit of creditors. 
 
 58, 95-99. 
 
 in exacting stipulations of shippers by car- 
 riers. 13, 784. 
 
 in fixing rates for public utilities. 62, 
 295. 
 
 in inception of negotiable instruments as 
 affecting bona fide holders. 11, 309- 
 326. 
 
 life insurance, when a fraud on creditors. 
 29, 360-366. 
 
 ratification of "contract procured by fraud. 
 
 59, 640. 
 
 False representation and misrepresentation. 
 
 false tepresentation, action not barred by 
 retaining property. IB, 562, 553. 
 
 false representation, benefit to party mak- 
 ing, not necessary to liability. 18, 555. 
 
 false representation by acts as well as 
 words. 18, 555,' 556. 
 
 false representation by prospectuses. 18, 
 562. 
 
 false representation by public officers. 18, 
 562. 
 
 false representation by vendor as to value 
 of property. 18, 556-558. 
 
 false representation, damages, measure of 
 damages. 18, 562. 
 
 false representation, damages must be 
 proved. 18, 561. 
 
 false representation, damages must be 
 proximate consequence. 18, 561, 562. 
 
 false representation, falseness must ex- 
 ist at time made. 18, 555. 
 
 false representation in false pretense. 25, 
 379. 
 
 false representation intended to be com- 
 municated to another. 18, 562. 
 
 false representation, intent to deceive es- 
 sential. 18, 561. 
 
 false representations justifying avoid- 
 ance of promise of' marriage. 44, 386. 
 
 false representation, knowledge of fals- 
 ity, must be. IB, 559-561. 
 
 false representation must have been re- 
 lied upon. 18, 561. 
 
 false representation of authority, agent's 
 liability for. 22, 509. 
 
 false representation of, law not ground of 
 action. 18, 559. 
 
 false representation, of material fact, 
 must be. 18, 559. 
 
 false representation, promise is not a rep- 
 resentation. 18, 558, 559. 
 
 false representation, sole inducement, need 
 not be. 18, 559. 
 
 false representation, suppression of truth 
 equivalent to. 18, 556. 
 
 False representation and misrepresentation — 
 
 false representation, waiver of right of 
 action for. 18, 563. 
 
 misrepresentation as between vendor and 
 vendee, effect of. 85, 373-.^75. 
 
 misrepresentation as constituting undue 
 influence in execution of wills. 31, 
 680, 681. 
 
 misrepresentation as proximate cause of 
 injury. 36, 846. 
 
 misrepresentations as to financial stand- 
 ing made to commercial agencies, lia- 
 bility to third person for. 85, 383-385. 
 
 misrepresentations as to financial stand- 
 ing, liability to third person for. 85, 
 375-383. 
 
 misrepresentation as to financial stand- 
 ing, what constitute. 85, 377-381. 
 
 misrepresentation as to mortgages or their 
 foreclosure, effect of. 85, 375. 
 
 misrepresentation by bank officers, in is- 
 suing false reports of its condition, lia- 
 bility to third person for. 85, 388-391. 
 
 misrepresentation by corporation officers 
 in issuing false reports of its condition, 
 liability to third person for. 85, 388- 
 S91. 
 
 misrepresentation by directors of insur- 
 ance company as to its condition, lia- 
 bility to insured for. 85,' 391. 
 
 misrepresentation by one joint owner, 
 when binding on all. 85, 371, 372. 
 
 misrepresentations by promoters of cor- 
 porations, liability to third person for. 
 85, 385-388. 
 
 misrepresentations by promoters of cor- 
 porations made at public meeting, lia- 
 bility to third person "for. 85, 385, 386. 
 
 misrepresentation indirectly made to com- 
 plaining party, liabilitv for. §5, 368- 
 391. 
 
 misrepresentations in prospectus of cor- 
 poration, liability for. 85, 386-388. 
 
 misrepresentation made with intent that 
 it shall reach and be acted on by a 
 third party, liability for. 85, 369-371. 
 
 misrepresentation of agent within scope 
 of agency, principal liable for. 85, 
 372, 373. 
 
 misrepresentations of executors, liability 
 of estate for. 52, 130. 
 
 misrepresentation of infant as to age. 
 18, 633-637. 
 
 misrepresentation of partner, when other 
 partners liable for. 85, 373. 
 
 misrepresentation of physician of insur- 
 ance company to insured, effect of on 
 release of policy. 85, 373. 
 
 mrsrepresentation of the condition of cor- 
 porations, liability to third person for. 
 85, 388-391. 
 
 misrepresentation of vendor of article, 
 when liable to third person iniured. 
 85. 375. 
 
 misrepresentation of vendee's agent, ven- 
 dor may rescind contract for. 85, 373. 
 
 misrepresentations on stock exchange 
 by director of corporation, liability for. 
 85, S88. 
 
 misrepresentation regarding value of goods 
 shipped by carrier. 23, 694-597. 
 
 misrepresentation which will release sure- 
 ties. 63 ?."?:. 
 
109 
 
 INDEX-DIGEST TO NOTES. 
 
 Frauds, Statute of 
 
 Liability for fraud. 
 
 directors of corporation, when liable for. 
 
 74, 611. 
 fraudulent diversion of accommodation 
 
 paper, liability of maker or indorser af- 
 ter: 31, 748-751. 
 of agent, principal's liability for. 88, 
 
 794, 795. 
 of lessor, effect on right to abandon leased 
 
 premises. 38, 480, 481. 
 of one cbtenant, effect of. 91, 882, 883. 
 of passenger, when forfeits his rights. 
 
 61, 104. 
 of servant, liability of i^aster for. 54, 
 
 87. 
 partnership, liability for. 67, 46-49. 
 surety's liability, how affected by. 38, 
 
 710, 711. 
 
 II. Relief Because of Fraud. 
 
 Relief because of fraud. 
 
 amendments to pleadings in. 51, 425. 
 as ^ound of relief from forfeitures. 86, 
 
 49, 50. ' 
 as ground for relief from judgments. 25, 
 
 167; 54, 233-238. 
 as affecting stockholder's liability "for un- 
 paid subscription. 3, 824-826. 
 estoppel of married women arising from. 
 
 57, 178, 179. 
 executors and administrators, right of to 
 
 impeach or defend for fraud. 3, 740- 
 
 742. ^ 
 exemplary damages for fraud. 28, 878, 
 
 879. 
 false representation, action to recover for. 
 
 18, 555-563. 
 in creating relation of landlord and ten- 
 ant, effect of. 89, 69, 70. 
 in fraudulent conveyances. 11, 757-759. 
 judgments, attacking, for fraud against 
 
 creditors. 23, 118. 
 laches in claiming relief for. 2, 801. 
 reformation of contracts for fraud. 65, 
 
 497-501. 
 reformation of deeds for. 65, 507. 
 rescission of sales for fraud. 18, 362-365. 
 vacating judgments for. 23, 106 ; 60, 649. 
 
 III. Criminal Responslljlllty. 
 
 fraud as a, crime. 78, 241, 242. 
 
 FEAtJDS, STATUTE OF. 
 
 I. Indemnity Contracts. 
 II. Agreements Relating to Real Prop- 
 erty. 
 III. Consideration Stated In Writing. 
 
 IV. Effect of Statnte. 
 V. Pleading and Evidence. 
 
 I. Indemnity Contracts. 
 
 indemnity contracts, American rule. 42, 
 
 191-194. 
 indemnity contracts, eonsideraljion for. 
 
 42, 194. 
 indemnity contracts, English rule. 42, 
 
 188-191. 
 indemnity contracts, promise to indemnify 
 
 against costs and expenses of suit. 42, 
 
 191. 
 
 Frauds, statute of — Continued. 
 
 indemnity contracts, promise to indemnify 
 against expenditures and services. 42, 
 191. 
 
 indemnity contracts, promise to indemnify 
 another for going bail. 42, 191. 
 
 indemnity contracts, promise to indemnify 
 for signing or indorsing notes. 42, 191, 
 192. 
 
 indemnity contracts, promise to indemnify 
 surety. 42, 192, 193. 
 
 indemnity contracts, promise to pay an- 
 other's debt. 42, 193, 194. 
 
 indemnity contracts, promise to see an- 
 other paid as. 42, 194. 
 
 indemnity contracts, what within the stat- 
 ute. 42, 186-188. ■ 
 
 indemnity contracts, whether within stat- 
 ute. 42, 186-194. 
 
 11. Agreements Relating to Real Prop- 
 erty. 
 
 parol agreement of partners to deal in 
 
 real property. 48, 65. 
 reinsurance, contract of, not within the 
 
 statute. 45, 444. 
 
 III. Consideration Stated in AVritlng. 
 
 consideration, instances of sufficient state- 
 ment of. 60, 438. 
 
 consideration of a contract need not be 
 truly expressed. 60, 438. 
 
 consideration of a contract to convey land, 
 when must be stated. 60, 434. 
 
 consideration of a contract, when re- 
 quired to be expressed. 60, 432, 433. 
 
 consideration of a contract, whether the 
 American statutes require the expres- 
 sion of. 60, 434, 435. 
 
 difference between the English and Ameri- 
 can. 60, 433. 
 
 memorandum required by may be con- 
 tained in two or more written contracts. 
 60, 437. 
 
 IV. Effect of Statnte. 
 
 statute not prevent reformation of in- 
 struments. 65, 501, 502. 
 
 V. Pleading and Evidence. 
 
 Pleading statute. 
 
 demurrer, defense of, when may be made 
 
 by. 78, 653. 
 general denial, when a sufficient plea of. 
 
 78, 653-656. 
 pleading of on the part of the defendant. 
 
 78, 650-652. 
 pleading, rules of are not affected by. 78, 
 
 648. 
 replica^on, general, waives in equity. 78, 
 
 649-651. 
 special plea of is essential when the con- 
 tract is admitted. 78, 657. 
 special plea of is not necessary when the 
 
 complaint is by the common counts. 78, 
 
 652. 
 special plea of, what sufficient. 78, 657, 
 
 058. 
 writing, complaint need not state contract 
 
 to be in. 78, 648. 
 
Fraudulent Conveyances INDEX-DIGEST TO NOTES. 
 
 110 
 
 Evidence. 
 
 parol evidence to change contract, whether 
 allowed. 56, 671. 
 
 FRAUDULENT CONVEYANCES. 
 I. Transfers Wliieli are Iii-valid. 
 II. Rli^hts of Parties and Fnrcliasers. 
 III. Remedies of Creditors. 
 
 1. Transfers "WUicli are InTalid. 
 
 Consideration. 
 
 definition of voluntary conveyances. 14, 
 739. 
 
 transfer from husband to wife, considera- 
 tion for. 90, 496-556. 
 
 transfer to one not a member of grantor's 
 family. 14, 749. 
 
 transfer to wife oi* children. 14, 746, 749. 
 
 voluntary conveyance from husband to 
 wife. 90, 515-517. 
 
 voluntary conveyance, when attacked as 
 fraudulent. 14, 743-754. 
 
 voluntary transfers made by trustee to 
 cestui que trust. 14, 742. 
 
 voluntary transfer made to consummate 
 previous enforceable gift. 14, 743. 
 
 voluntary transfer made to one entitled 
 to specific performance. 14, 742. 
 
 voluntary transfer made to revest prop- 
 erty in fraudulent grantor. 14, 743. 
 
 voluntary trust as fraudulent. 34, 216, 
 217., 
 
 what transfers are voluntary. 14, 739- 
 743. 
 
 Fraudulent conveyances from husband to loife. 
 antenuptial settlement, conveyance after 
 
 marriage in accordance with, when 
 
 valid. 90, 510, 511. 
 antenuptial settlement in consideration 
 
 of marriage is valid. 90, 509, 510. 
 antenuptial settlement is valid as to sub- 
 sequent creditors. 90, 511. 
 assignment of life insurance to wife and 
 
 children, when fraudulent. 29, 360- 
 
 366. 
 assumption of husband's debts, when a 
 
 good consideration for conveyance to 
 
 wife. 90, 530. 
 burden of proving consideration in con- 
 veyance to wife usually rests on wife. 
 
 90, 553-555. 
 burden of proving fraud, as to existing 
 
 creditors, whether upon creditors or 
 
 wife. 90, 550-552. 
 burden of proving fraud in conveyance to 
 
 wife rests upon subsequent creditors. 
 
 90, 553.- 
 burden of proving solvency of husband at 
 
 time of convevance to wife, upon whom 
 
 rests. 90, 555, 556. 
 consideration as affecting validity of con- 
 veyances from husband to wife. 90, 
 
 514-543. 
 consideration, love and affection not a 
 
 sufficient. 90, 526. 
 consideration, mere inadequacy of, does 
 
 not make conveyance fraudulent. 90, 
 
 525, 526. 
 
 Fraudulent conveyances from husband to wife 
 
 consideration, when necessary in convey- 
 ance from husband to wife. 90, 514, 
 515. 
 conveyances between husband and wife. 
 
 20, 715. 
 conveyances by husband to wife, attacks 
 
 by creditors on. 90, 496-556. 
 conveyance by husband to wife pending 
 legal proceedings is prima facie fraud- 
 ulent. 90, 506. 
 conveyance by husband to wife through a 
 
 third person is fraudulent. 90, 543. 
 conveyance by third person to wife on 
 consideration moving from third person 
 is valid. 90, 543, 544. 
 
 conveyance of property in excess of debt 
 to wife, whether fraudulent. 90, 542, 
 543. 
 
 conveyance to wife on consideration mov- 
 ing from her is valid. 90, 521, 52'2. 
 
 conveyance to wife in consideration of 
 pre-existing debt to her is valid. 90, 
 935-937. 
 
 conveyance to wife in execution of prior 
 agreement between them, when valid. 
 90, 534, 535. 
 
 conveyance to wife subsequent to her pay- 
 ing the consideration, when valid. 90, 
 522, 523. 
 
 conveyance to wife who pays part of 
 consideration, to what extent fraud- 
 ulent. 90, 522. 
 
 debt to wife which constitutes a good con- 
 sideration for conveyance from husband. 
 90, 537-539. 
 
 fictitious consideration will not sustain 
 conveyance by husband in fraud of 
 creditors. 90, 518. 
 
 gift by husband, whether fraudulent as to 
 wife. 24, 490-494. 
 
 gift to husband does not constitute a 
 good consideration for subsequent con- 
 veyance to wife. 90, 539, 540. 
 
 illegal consideration will not support a 
 conveyance by husband to wife in fraud 
 of creditors. 90, 518. 
 
 indebtedness of husband as element of 
 fraud. 90, 501-503. 
 
 indebtedness of husband, effect as to sub- 
 sequent creditors. 90, 502. 
 
 indebtedness of husband, effect on convey- 
 ance to wife. 90, 501, 502. 
 
 insolvency as an element of fraud. 90, 
 503-505. 
 
 insolvency of husband, effect as to subse- 
 quent creditors. 90, 504. 
 
 insolvency of husband, when not invalidate 
 conveyance. 90, 505. 
 
 insolvency subsequent to conveyance to 
 wife, effect of. 90, 504. 
 
 insolvent husband cannot make valid con- 
 veyance to wife. 90, 503, 504. 
 
 intent of husband to defraud creditors 
 must exist. 90, 505, o06. 
 
 intent of husband to defraud, effect as 
 to subsequent creditors. 90, 506-508. 
 
 intent of husband to defraud subsequent 
 creditors, when husband " not in debt. 
 90, 506-508. , 
 
 intent of husband to defraud, when in- 
 ferred from debts. 90. 506. 
 
Ill 
 
 INDEX-DIGEST TO NOTES. 
 
 S'raudlileint Oonyeyanees 
 
 Fraudulent conveyances from hushand to wife 
 — Continued. 
 
 laches of wife in enforcing debt against 
 husband does not usually invalidate con- 
 veyance to her. 90, 548, 549. 
 
 life insurance in favor of wife or children. 
 29, 361-364. 
 
 marriage settlement, antenuptial, usually 
 valid. 90, 509. 
 
 marriage settlements as fraudulent con- 
 veyances. 90, 509-514. 
 
 money loaned to husband is good consid- 
 eration for security given wife. 90, 
 541. 
 
 money loaned to husbind is good consid- 
 eration for subsequent conveyance to 
 wife. 90, 540, 541. 
 
 payment of husband's debts provided for 
 in conveyance to wife, effect of. 90, 
 502. 
 
 possession of property retained by hus- 
 band will render conveyance to wife 
 void. 90, 544-546. 
 
 possession, what is sufficient change of, 
 to validate conveyance from husband to 
 wife. 90, 546, 547. 
 
 postnuptial settlement in consideration of 
 property acquired by marriage, gener- 
 ally not valid. 90, 513. 
 
 postnuptial settlement in consideration of 
 release of dower, usually valid. 90, 513, 
 514. 
 
 postnuptial settlement valid as to subse- 
 quent creditors. 90, 514. 
 
 postnuptial settlement, valid if made on a 
 good consideration, otherwise voluntary. 
 90, 511, 512. 
 
 pre-existing liability to wife, when a good 
 consideration for conveyance from hus- 
 band. 90, 534-543. 
 
 preferring wife as creditor, by husband is 
 valid. 90, 547, 548. , 
 
 presumption of fraud from relationship 
 of parties. 7, 83. 
 
 property acquired by husband by virtue 
 of marriage, may be a good considera- 
 tion for conveyance to wife, if not re- 
 duced to possession. 90, 533. 
 
 property acquired by husband by virtue 
 of marriage not good consideration for 
 conveyance many years after. 90, 533, 
 534. 
 
 property acquired by husband by virtue 
 of marriage, not a good consideration 
 generally for conveyance to wife. 90, 
 530-533. 
 
 property exempt from execution may be 
 conveyed to wife by husband. 90, 530. 
 
 purchase by wife of insolvent husband, 
 when deemed fraudulent. 90, 520, 521. 
 
 purchase in wife's name is voluntary if 
 husband pays the consideration. 90, 
 518, 519. 
 
 purchase in wife's name on husband's 
 credit, may be fraudulent. 90, 520. 
 
 purchase in wife's name with husband's 
 money may create resulting trust in 
 favor of creditors. 90, 519, 520. 
 
 purchase of property by wife of insolvent 
 husband is suspicious. 38, 44. 
 
 relation of husband and wife as element 
 of fraud. 90, 499, 500. 
 
 Fraudulent conveyances from hushand to xoife 
 Continued. 
 
 release of dower a good consideration for 
 conveyance. 90, 526, 527. 
 
 release of dower is good consideration as 
 against subsequent creditors. 90, 529. 
 
 release of dower subsequent to conveyance 
 to wife is a good consideration. 90, 
 529. 
 
 release of dower, to what extent a good 
 consideration for conveyance to wife. 
 90, 527, 528. 
 
 release of dower, whether good considera- 
 tion for subsequent conveyance to wife. 
 ,90, 528, 529. 
 
 release of homestead right is good con- 
 sideration for convevance to wife. 90, 
 529, 530. 
 
 services of husband, whether may give to 
 wife to prejudice of creditors. 58, 496, 
 497. 
 
 statute of limitations, conveyance to wife 
 in payment of debt barred by, is valid. 
 90, 549. 
 
 sufficient property retained by husband to 
 pay debts, conveyance not fraudulent 
 where. 90, 502, 503. 
 
 title taken in husband's name against 
 wife's consent, subsequent conveyance 
 valid. 90, 523, 524. 
 
 title taken in husband'si name to give 
 him false credit, subsequent conveyance 
 is invalid. 90, 524, 525. 
 
 use of corpus of wife's separate estate is 
 good consideration for subsequent con- 
 veyajice to wife. 90, 541, 542. 
 
 use of income of wife's separate estate 
 is not a good consideration for subse- 
 quent conveyance to wife. 90, 542. 
 
 voluntary conveyance by husband to wife 
 good as to subsequent creditors. 90, 
 517, 518. 
 
 voluntary conveyance from husband to 
 wife invalid as to existing creditors. 
 90, 515-517. 
 
 wife's knowledge of husband's fraudulent 
 intent. 90, 508. 
 
 wife's separate estate increased by hus- 
 band's acts, right of creditors to reach. 
 77, 92-109. 
 
 Fraudulent intent. 
 
 creditor with knowledge, right to take 
 security. 34, 396-398. 
 
 fraudulent knowledge of grantee. 20, 632, 
 633. 
 
 intent of grantee immaterial. 14, 748. 
 
 intent of grantor in making transfer, pre- 
 sumption as to. 14, 747. 
 
 intent of husband, in conveyance to wife. 
 90, 505-508. 
 
 knowledge of facts sufficient to put on 
 inquiry. 34, 399-402. 
 
 knowledge of grantee in voluntary con- 
 veyances immaterial. 34, 402, 403. 
 
 knowledge of grantee, proof of. 34, 402. 
 
 knowledge of insolvency of grantor. 34, 
 396. 
 
 knowledge of purchaser from fraudulent 
 grantee. 34, 403. 
 
 knowledge of vendee as affecting validity 
 of conveyance. 34, 395-403. 
 
Free ■Si>eech 
 
 INDEX-DIGEST TO NOTES. 
 
 112 
 
 Fraudulent intent — Continued. 
 
 knowledge, participation of purchaser in 
 fraud, effect of. 34, 398, 399. 
 
 subsequent creditors, intent to defraud. 
 14, 750. 
 
 subsequent creditors, presumption that 
 conveyance made to defraud. 14, 751, 
 752. 
 
 transfer made with intent of becoming in- 
 debted or engaging in hazardous busi- 
 ness. 14, 753, 754. 
 
 Indettedness and insolvency of grantor. 
 
 indebtedness of grantor, what sufficient 
 to avoid conveyance. 14, 748. 
 
 indebtedness of husband as element of 
 fraud. 90, 501-503. 
 
 insolvency of grantor not essential. 14, 
 748. 
 
 insolvency of husband as an element of 
 fraud. 90, 503-505. 
 
 wealth of grantor at time of making, ef- 
 fect of. 14, 749, 750. 
 
 Possession. 
 
 possession, change of, as between husband 
 
 and wife. 90, 544-547. 
 what is sufficient change of possession. 
 
 15, 694, 695. 
 
 Property transferred. 
 
 expectancies to defraud creditors. 56, 
 
 349. 
 homestead. 9, 210. 
 
 husband's property to wife. 90, 496-556. 
 life insurance policies. 87, 488-490. 
 
 II. Rights of Parties and Farcbasers. 
 
 heirs, priyies and assigns, how far bound. 
 3, 729. 
 
 purchaser bona fide not affected. 20, 632, 
 633. 
 
 relief of grantor from a fraudulent con- 
 veyance. 7, 587, 588. 
 
 valid between parties. 3, 728. 
 
 III. Remedies of Creditors. 
 
 badges of fraud. 11, 759. 
 
 burden of proving fraudulent conveyance. 
 11, 758. 
 
 burden of proving fraudulent conVeyahce 
 from husband to wife. 90, 550-556. 
 
 creditors may disregard transfer if 
 fraudulent. 14, 745. 
 
 creditor's right to life insurance in favor 
 of wife or children. 29, 361-364. 
 
 evidence of fraudulent conveyance. 11, 
 757-759. 
 
 fraud a question of fact generally. 11, 
 757, 759. 
 
 fraud as between persons in fiduciary rela- 
 tions. 11, 759. 
 
 proof of fraudulent knowledge of grantee. 
 34, 402. 
 
 receiver, suit by, to set aside. 71, 355. 
 
 right of creditors whose claims result 
 from antecedent obligations. 14, 745. 
 
 right of pre-existing creditors. 14, 745, 
 746. 
 
 right of subsequent creditors. 14, 750- 
 753. 
 
 what creditors may attack voluntary con- 
 veyance as fraudulent. 14, 743-754. 
 
 FREE SPEECH. 
 
 as affect by civil service. 79, 564. 
 
 when may be made criminal. 78, 249, 250. 
 
 FREIGHT. 
 
 discrimination in favor of through, by 
 railroad. 11, 650. 
 
 elevators, liability of owners of. 56, 810. 
 
 elevators, persons using, as passengers as- 
 sume risks. 56, 809, 810. 
 
 trains, passengers on. 2, 39, 40, 61, 91- 
 95. 
 
 FRIGHT. 
 
 causing death. 8, 765. 
 damages for. 77, 859-873. 
 
 FUGITIVE FROM JUSTICE. 
 
 arrest and detention of, before demand 
 
 made. 46, 414-417. 
 arrest and surrender of. 1, 179. 
 jurisdiction over. 53, 187. 
 refusal to surrender, when proper. 68, 
 
 129-134. 
 
 See Extradition. 
 
 FUNERAL. 
 
 expenses, executors, authority of, to pay. 
 
 78, 183. 
 obstructing street by. 1, 843. 
 
 FURTHER ASSURANCE, 
 covenants for. 82, 684. 
 
 FUTURES. 
 
 contracts relating to. 1, 752-766. 
 
 GAMBLERS. 
 
 carrier's duty to protect passengers from. 
 
 GAMBLING. 
 See Gaming. 
 
 6, 736. 
 
 GAME. 
 
 game laws. 42, 138-144. 
 
 laws prohibiting taking of. 78, 247. 
 
 police power, protection of same is with- 
 in. 42, 138. 
 
 wild animals, right to kill, may be 
 denied all. 42, 139. 
 
 GAMING. 
 Gambling transactions. 
 
 broker's right to commissions and ad- 
 vances. 1, 764-766. 
 brokers, right to commissions on sales 
 
 for future delivery. 1, 764-766. 
 contracts for sale of personal property to 
 
 be delivered in future. 1, 752-766. 
 evidence of illegality, burden of proof. 
 
 1, 764. 
 evidence of illegality of contract for 
 
 future delivery. 1, 764. 
 evidence of, what is prima facie. 36, 685. 
 form of contract does not control. 1. 762, 
 
 763. 
 intention of parties the criterion. 1, 760- 
 
 762. 
 
113 
 
 INDEX-DIGEST TO NOTES. 
 
 Gifts 
 
 Gambling transactions — Continued. 
 
 laws forbidding are valid. 66, 334. 
 liability of corporate directors for gam- 
 bling transactions. 17, 99. 
 loan for purpose of, when not collectible. 
 
 1, 302, 303". 
 margin, sales on. 1, 753, 754, 760. 
 sale of property to be used in gambling 
 
 house, validity of. 32, 453. 
 stock jobbing statutes. 1, 752-757. 
 vendor need not own property sold. 1, 
 
 757, 758. 
 wagering contracts for sale are void. 1, 
 
 758-760. 
 wagers and their validity. 37, 697-704. 
 wagers, common law rules respecting. 
 
 37, 698-700. 
 wagers, definition of. 37, 697-701. 
 wagers, examples of. 37, 697-701. 
 wagers on elections. 37, 702-704. 
 wagers on horseraces. 37, 701, 702. 
 wagers, risk on both sides essential to. 
 
 37, 698. 
 wagers upon games of cards. 37, 701. 
 
 GAKNTSHMENT. 
 
 I. Persons and Property Snl»ieet to. 
 IT. Judgments In Garnisliment. 
 
 I. Persons and Property Snbject to. 
 
 Persons subject to garnishment. 
 
 of carriers after transit of property has 
 
 commenced. 50, 466. 
 of carriers after transit of property is 
 
 completed. 50, 467. 
 of carriers incorporated in another state. 
 
 50, 466. 
 of common carriers. 50, 465-467. 
 counties are not subject to. 51, 119. 
 of foreign corporations. 9, 674, 675; 85, 
 
 924, 925. 
 of municipal corporations. 51, 114-121. 
 of receivers. 71, 372, 373; 74, 299. 
 school districts and their oflScers are not 
 
 subject to. 51, 120. 
 states are not subject to. 51, 114. 
 treasurer of municipal corporations is not 
 
 subject to. 51, 115. 
 United States are not subject to. 51, 114. 
 
 Property subject to garnishment. 
 
 common carriers, property in hands of, to 
 be transported beyond thd state. 69, 
 127. 
 
 common carriers, property in hands of, 
 whether subject to. 69, 125. 
 
 common carriers, property in their pos- 
 session out of the state. 69, 126. 
 
 of debts due to nonresidents. 69, 119. 
 
 of debt exempt in state where it was 
 created and where creditor resides. 19, 
 145-150. 
 
 of debt in a state where creditor ttoes not 
 reside. 19, 146-149. 
 
 of money due from pensions, when. 2, 
 596-598. 
 
 of personal property in transit in posses- 
 sion of common carrier. 50, 465. 
 
 of property of nonresidents in the hands 
 of residents. 69, 124. 
 Tndex-Digest — 8 
 
 Property subject to garnishment — Continued. 
 unpaid stock subscriptions subject to, at 
 suit of corporation creditor. 3, 806, 
 807. 
 
 Situs of debts for purpose of garnishment. 
 situs of debts for the purposes of. 69, 
 
 119, 120. 
 situs of debts is at the place where they 
 
 are payable. 69, 115. 
 situs of debts, when due from a foreign 
 
 corporation to a nonresident. 69, 120, 
 
 121. 
 situs of debts, whether is at the domicile 
 
 of the creditor or of the debtor. 69, 
 
 114, 117. 
 situs of debts, whether is at the domicile 
 
 of the debtor for the purposes of gar- 
 nishment. 69, 115, ire, 118. 
 situs of debts, whether is at the domicile 
 
 of the garnishee for the purpose of 
 
 garnishment. 69, 118. 
 situs of debts, whether is at the place 
 
 where the creditor may sue the debtor 
 
 and recover an enforceable personal 
 
 judgment. 69, 115. 
 
 II. Judgments In Garnlslinient. 
 
 judgment in, as a defense to an action 
 
 on the principal debt. 77, 543, 544. 
 judgment in, is prima facie a satisfaction 
 
 of the principal debt. 77, 545. 
 judgment in, payment of satisfies the 
 
 principal debt. 77, 542, 544. 
 judgment in, when garnishee entitled to 
 
 relief from. 53, 452. 
 judgment in, whether satisfies principal 
 
 debt. 77, 542, 544. 
 
 GAS. 
 
 gas companies are employed in public use. 
 
 62, 290. 
 liability for escape of. 36, 822. 
 mains in street, as taking property for 
 
 public use. 16, 614. 
 works, municipal, taxation for. 16, 369. 
 
 GHOSTS. 
 
 belief in, as insane delusion. 63, 92. 
 
 GIFTS. 
 
 I. 
 
 Inter Vivos. 
 
 
 11. 
 
 Cansa Mortis. 
 
 
 
 I. Inter 
 
 Vivos. 
 
 Oifts inter vivos. 
 
 by husband to wife. 58, 494. 
 
 by husband, whether fraudulent as to 
 
 wife. 24, 490-494. 
 by infants. 18, 628, 629. 
 by ward to guardian. 89, 303. 
 deeds of. 65, 798-801. 
 from husband to wife, when sustained as 
 
 trust. 34, 212. 
 imperfect gift as voluntary trust. 34, 
 
 203-207. 
 in wills. See Wills, 
 of intoxicating liquors, when illegal. 12, 
 
 353. 
 
God 
 
 INDEX-DIGEST TO NOTES. 
 
 114 
 
 Oifts inter vivos — Continued. 
 
 on conditions in restraint of marriage, 
 
 when valid. 84, 147-152. 
 voluntary conveyance to consummate en- 
 forceable gift. 14, 742. 
 
 II. Cansa Mortis. 
 
 Gifts causa mortis. 
 
 essentials of gift. 9, 87, 88. 
 by husband. 24, 491, 492. 
 
 GOD. 
 
 act of, effect on proximate cause. 36, 
 838-840. 
 
 GOING CONCERN. 
 
 expenses of keeping corporation a, when 
 entitled to preference. 54, 409. 
 
 GOOD HEALTH. 
 
 what is, in insurance. 10, 242-245. 
 
 GOUT. 
 
 person subject to, as being in good health. 
 10, 243. 
 
 GOVERNOR. 
 
 duty to surrender fugitive from justice. 
 
 68, 131. 
 mandamus against. 31, 294-304. 
 
 GRANDCHILDREN. 
 
 See Descent and Distribution, 
 succession of, to intestates' estates. 
 96-104. 
 
 GRAND JURY. 
 
 12, 
 
 Grand jury. 
 
 challenges for cause generally. 12, 906. 
 
 challenges for opinions formed or ex- 
 pressed. 12, 906, 907. 
 
 challenge of jurors. 12, 905-911. 
 
 challenges to the array. 12, 905, 906. 
 
 civil liability of grand jurors. 12, 919. 
 
 discharge of the grand jury. 12, 919. 
 
 grand juries. 12, 900-919. 
 
 grand jurors as witnesses and disclosure 
 of proceedings by other. 12, 915-919. 
 
 grand juror's oath. 12, '903, 905. 
 
 indictment found by grand jury. 12, 903- 
 905, 909-913. 
 
 legality of, not reviewable on habeas cor- 
 pus. 87, 184, 185. 
 
 powers and duties of grand jurors. 12, 
 911-914. 
 
 prosecuting attorney may appear before. 
 12, 914. 
 
 qualification and competency of jurors. 
 12, 900-902. 
 
 reilections upon, as contempt of court. 
 50, 575. 
 
 requisite number and concurrence. 12, 
 904, 905. 
 
 secrecy of the grand jurors' room. 12, 
 914, 915. 
 
 ,statutes creating exemptions, construction 
 of. 12, 902. 
 
 strangers in jury room. 12, 915. 
 
 Grand jury — Continued. 
 
 summoning and drawing jurors. 12, 902- 
 
 905. 
 talesman reassembling and iilling the 
 
 panel. 12, 903, 904. 
 time and mode of challenging. 12, 907- 
 
 909. 
 when objection to jurors is available by 
 
 plea in abatement. 12, 909-911. 
 witnesses before. 12, 913, 914. 
 
 GRANDPARENTS. 
 
 right of, to inherit. 12, 106-108. 
 See Descent and Distribution. 
 
 GRANT. 
 
 from state to municipality cannot be im- 
 paired. 35, 530, 531. 
 
 grant, bargain and sale, covenants of, 
 whether run with the land. 82, 685. 
 
 lateral support for buildings acquired by. 
 33, 456-458. 
 
 of corporate franchises, strictly con- 
 strued. 35, 394, 395. 
 
 GROWING CROPS. 
 
 chattel mortgage on, after severance. 18, 
 
 770, 771. 
 description of, in chattel mortgage. 14, 
 
 246, 247. 1 
 
 lien on, reserved by landlord. 14, 166-168. 
 
 GUARANTEED STOCK. ' 
 
 what is. 73, 237. 
 
 GUARANTY. 
 I. In General. 
 II. Discharge of Unarantor. 
 III. Actions. 
 
 I. In General. 
 
 Guaranty in general. 
 
 ' abstracters are not guarantors. 72, 315. 
 acceptance, place of, controls. 55, 47. 
 contracts of corporations, whether ultra 
 
 vires. 70, 163, 164. 
 death not terminate contract. 22, 814. 
 stockholders personal liability is not that 
 of a guarantor. 3, 848, 849. 
 
 Guaranty for collection. 
 
 action upon, what necessary to sustain. 
 
 64, 402, 403. 
 assignment of debt carries with it the 
 
 guaranty. 64, 401, 402. 
 conflict of law respecting. 64, 399. 
 consideration necessary to support. 64, 
 
 401. 
 definition of. 64. 393. 
 instances of. 64, 394-396. 
 legal effects of. 64, 394-396. 
 notice to guarantor, whether required. 
 
 64, 401. 
 of debts secured by a mortgage. 64, 402. 
 
 II. Discharge of Gnarantor. 
 
 discharge of the guarantor by delay in 
 pursuing the principal debtor. 64, 400. 
 
115 
 
 INDEX-DIGEST TO NOTES. 
 
 Guai'dian and Ward 
 
 Oiiaranty for collection — Continued. 
 
 discharge of the guarantor by failure to 
 
 prosecute the principal debtor. 64, 399. 
 discharge of guarantor. See Principal 
 
 and Surety, 
 matters existing prior to contract which 
 
 will discharge guarantor. 63, 327-338. 
 
 III. Actions. 
 
 amendments to pleadings in actions on. 
 
 51, 425. 
 diligence in proceeding against the prin- 
 cipal debtor, what sufficient. 64, 396- 
 
 397. 
 remedies against the principal debtor 
 
 must be exhausted before pursuing the 
 
 guarantor. 64, 395. 
 suit against principal debtor, what will 
 
 excuse the failure to bring. 64, 397- 
 
 399. 
 
 GUARDIAN AND WARD. 
 T. Gnardiansliip in General. 
 IT. CnstodT of "Ward's Person and Es- 
 tate. 
 
 III. Sale of Ward's Property. 
 
 IV. Actions. 
 
 V. Accounting. 
 VI. Foreign Gnardians. 
 VII. Gnardiansliip Bonds. 
 
 I. Guardiansbip in General. 
 
 ChiardiansMp. 
 
 as head of family. 70, 114. 
 assignability of guardianship in chivalry. 
 
 89, 269. 
 chancery guardianship. 89, 265, 266. 
 common-law guardianship. 89, 262-265. 
 common-law powers of guardians. 89, 
 
 257-316. 
 embezzlement by guardian. 87, 45. 
 guardian in chivalry. 89, 262. 
 guardian in socage. 89, 262-264. 
 guardians not created by common law. 
 
 89, 265-267. 
 guardianship appointed by ecclesiastical 
 
 court. 89, 265. 
 guardianship by custom. 89, 265. 
 guardianship by election of the infant. 
 
 89, 265. 
 guardians by nature. 89, 264, 265. 
 guardians by nurture. 89, 265. 
 guardianship of lunatics. 89, 267. 
 kinds of guardians. 89, 261-267. 
 presumption of undue influence of guar- 
 dian. 2, 361. 
 testamentary guardianship. 89, 266, 267. 
 undue influence of guardian over ward. 
 
 21, 95, 96, 101. 
 
 II. Cnstody of Ward's Person and Elstate. 
 
 Custody of ward's person. 
 
 change of ward's domicile by natural and 
 
 testamentary guardians. 89, 278. 
 change of ward's domicile, outside of 
 
 state of appointment. 89, 2/8-280. 
 change of ward's domicile, prevention of, 
 
 by the court. 89, 279, 280. 
 
 Custody of ward's person — Continued. 
 
 change of ward's domicile with court's 
 
 permission. 89, 278. 
 custody of person. 89, 275-280. 
 custody of person and estate of ward. 89, 
 
 267, 268. 
 custody of person, natural guardianship 
 
 extends only to. 89, 268, 269. 
 custody of ward by foreign guardian. 89, 
 
 271, 272, 274. 
 custody of ward by natural guardian. 
 
 89, 276. 
 custody of ward, change of ward's domi- 
 cile. 89, 278-280. 
 custody of ward, change of ward's domi- 
 cile within the state of appointment. 
 
 89, 278. 
 custody of ward^ control of court over. 
 
 89, 276-278. 
 custody of ward, control of court over, 
 
 rule in United States. 89, 277, 278. 
 custody of ward in socage guardianship. 
 
 89, 263. I 
 
 fiduciary relationship of guardian and 
 
 ward. 89, 302. 
 jurisdiction of guardian outside of state 
 
 where appointed. 89, 271-275. 
 marriage of ward. 89, 280. 
 
 Custody and management of ward's estate. 
 agents, employment of, by guardian. 89, 
 
 298. i 
 
 collection of assets of ward's wife. 89, 
 
 288. "•; 
 
 collection of debts due ward. 89, 287-292. 
 
 collection of debt due ward, what may be 
 received in payment. 89, 289, 290. 
 
 collection of debts, receiving paper pay- 
 able by guardian. 89, 290. 
 
 collection of debts, receiving paper pay- 
 able to guardian. 89, 290. 
 
 collection of debts, receiving real prop- 
 erty in payment. US, 290. 
 
 contracts of guardian. 89, 282-286. 
 
 contracts of guardian as such not bind 
 estate. 89, 284. 
 
 contracts of guardian cannot bind estate. 
 89, 282-284. 
 
 contracts of guardian, when may bind 
 estate. 89, 285. 286. 
 
 contracts exempting guardian from lia- 
 bility. 89, 284. 
 
 contracts of ward. 89, 286, z87. 
 
 contracts of ward, disaffirmance by guar- 
 dian. 89, 287. 
 
 contracts of ward do not bind guardian. 
 89, 286, 287. 
 
 contracts of ward, ratification by guar- 
 dian. 89, 287. 
 
 contracts under order of court will bind 
 estate. 89, 285, 286. 
 
 compromise of debt due ward. 89, 290, 
 291. 
 
 custody of personal property by socage 
 guardian. 89, 263. 
 
 custody of property in foreign jurisdic- 
 tions. 89, 273. ] 
 
 custody of ward's personal property. 89, 
 280-282. 
 
 custody of real property by socage guar- 
 dian. 89, 263, 264. 
 
 dealings between guardian and ward. 89, 
 302-308. 
 
Guardian and Ward 
 
 IXDEX-DIGEST TO NOTES. 
 
 116 
 
 Custody and management of ward's estate — 
 Continued. 
 
 dealings with ward after termination of 
 
 guardianship. 89, 302-304. 
 dealings with ward during guardianship. 
 
 89, 302. 
 deposit of ward's funds in bank. 89, 297, 
 
 298. 
 deposit of ward's funds in guardian's 
 
 name. 89, 297, 298. 
 election of ward to take profits or inter- 
 est. 89, 296. 
 equitable conversion of assets. 89, 313, 
 
 314. 
 funds converted by guardian, tracing. 
 
 89, 307. 
 gifts by ward to guardian. 89, 303. 
 investment and loan of ward's estate. 
 
 89, 292-297. 
 investment of ward's estate, conflict of 
 
 laws respecting. 89, 297. 
 investment of ward's estate in confederate 
 
 securities. 89, 296. 
 investment of ward's estate in corporate 
 
 stock. 89, 294, 295. 
 investment of ward's estate in trade or 
 
 business. 89, 295-297. 
 investment of ward's estate, security to be 
 
 taken. 89, 292-295. 
 investment of ward's estate, security 
 
 which guardian must take in England. 
 
 89, 293. 
 investment of ward's estate, security 
 
 which may be taken in the United 
 
 States. 89, 293-295. 
 investment of ward's estate, time al- 
 lowed for. 89, 296, 297. ' 
 maintenance of ward. 89, 299-302. 
 maintenance of ward, not confined to 
 
 income of current year. 89, 300. 
 maintenance of ward, rule in United 
 
 States. 89, 299, 300. 
 maintenance of ward, use of principal, 
 
 court may sanction. 89, 300, 301. 
 maintenance of ward, use of principal, 
 
 subsequent ratification of court of. 89, 
 
 301, 302. 
 maintenance of ward, when limited to in- 
 come. 89, 299, 300. 
 mingling funds of ward with those of 
 
 guardian. 89, 304. 
 partition, guardian may make, in behalf 
 
 of ward. 89, 315. 
 payment of guardian's debts with ward's 
 
 funds. 89, 306, 307. 
 powers of guardian, nature of. 89, 269- 
 
 271. 
 powers of guardian, whether coupled with 
 
 an interest. 89, 269, 270. 
 purchase claim against ward's estate, 
 
 guardian cannot. 89, 305. 
 purchase in name of guardian with ward's 
 
 funds, effect of. 89, 305, 306. 
 purchase of ward's property by guardian. 
 
 89, 307, 308. 
 purchase outstanding title, guardian can- 
 not. 89, 305. 
 real property, change in nature of, court 
 
 may order. 89, 311. 
 real property, custody over. 89, 308-315. 
 real property, discharge of encumbrances 
 
 on. 89, 314, 315. 
 
 Custody and management of ward's estate — 
 Continued. 
 
 real property, guardian cannot change 
 
 nature of. 89, 310-314. 
 real property, improvements on, power of 
 
 guardian to make. 89, 312, 313. 
 real property, investment in, guardian 
 
 cannot make. 89, 312. 
 real property, lease of, bv guardian. 89, 
 
 309, 310. 
 real property, lease of, limited to term 
 
 of guardianship. 89, 310. 
 real property, lien upon, discharge of. 
 
 89, 314. 
 real property, mortgage of, guardian can- 
 not make. 89, 314. 
 real property, mortgages on, payment of. 
 
 89, 314. 
 real property, possession of guardian is 
 
 possession of ward. '89, 309. 
 real property, possession of, guardian's 
 
 right to. 89, 308, 309. 
 real property, rents and profits of, guar- 
 dian may receive. 89, 310. 
 real property, repairs on, guardian may 
 
 make. 89, 313. 
 real property, taxes on, payment of. 89, 
 
 314. 
 receipt of payment of debt due ward. 89, 
 
 288. 
 release of ward's rights. 89, 291, 292. 
 submission to arbitration of disputed 
 
 claims. 89, 291. 
 surrendering control of estate to third 
 
 person. 89, 304, 305. 
 taxes, payment of. 89, 314. 
 title to negotiable paper payable to guar- 
 dian. 89, 270, 271. 
 title to property remains in ward. 89, 
 
 270. 
 use of ward's property by guardian. 89, 
 
 304. 
 waiver of wards' rights. 89, 291, 292. 
 waste, guardian cannot commit. 89, 315. 
 
 III. Sale of Ward's Property. 
 
 real property, guardian cannot change 
 
 natvire of, usually. 89, 310-314. 
 sale of real property under order of court. 
 
 89, 3ir, 312. 
 sale of ward's choses in action. 89, 281, 
 
 282. 
 sale of ward's personal property. 89, 
 
 281, 282. 
 
 IV. Actions. 
 
 actions in foreign courts. 89, 272, 273. 
 
 actions to enforce rights of ward. 89, 316. 
 
 action to recover debt due ward. 89, 288. 
 
 attorney's fees in actions involving ward's 
 estate. 89, 316. 
 
 costs in actions involving ward's estate. 
 89, 316. 
 
 death of ward, whether guardian may re- 
 cover for. 89, 280. 
 
 seduction of ward, whether guardian 
 may recover for. 89, 280. 
 
 "V, Acconiitliig;, 
 
 accounting with deceased guardian, 
 method of compelling. 8, 684. 
 
117 
 
 INDEX-DIGEST TO NOTES. 
 
 Habeas Corpus 
 
 Guardian and ward — Continued. 
 
 betterments, guardian cannot recover for. 
 
 81, 180. 
 release of guardian by ward. 89, 303. 
 settlement of guardian with ward. 89, 
 303. 
 
 VI. Foreign Guardians. 
 
 comity in recognizing the powers of for- 
 eign guardians. 89, 273, 274. 
 
 custody of ward. 89, 274. 
 
 foreign guardian, custody of ward by. 89, 
 271, 272. 
 
 foreign guardians, jurisdiction over. 6, 
 184, 185. 
 
 foreign guardian, rights and powers of. 
 89, 271-275. 
 
 foreign guardian, transmitting property 
 to. 89, 274, 275. 
 
 Til. Gnardiansliip Bonds. 
 
 liability of guardians by different bonds. 
 70, 445. 
 
 GUNPOWDBE. 
 
 keeping of, whether a nuisance. 67, 134. 
 
 GUNS, 
 defective, liability for selling. 36, 815. 
 
 HABEAS CORPUS. 
 
 affidavit on which accused is convicted, 
 sufficiency of, not be raised on. 87, 186, 
 187. 
 
 arraignment of accused, failure of, not 
 reviewed on. 87, 187. 
 
 bastardy proceedings, imprisonment in, 
 when reviewable on. 87, 179. 
 
 change of venue, error in overruling ap- 
 plication for, not reviewed on. 87, 187. 
 
 constitutionality of statutes and ordi- 
 nances may be inquired into on. 87, 
 174-176. 
 
 contempt by refusing to give incriminat- 
 ing testimony, how far reviewable on. 
 87, 183. 
 
 contempt for refusal to produce books and 
 papers, when reviewable on. 87, 183. 
 
 contempt, imprisonment for, if void, is 
 reviewable on. 87, 179-181. 
 
 contempt, imprisonment for, when review- 
 able on. 87, 179-184. 
 
 contempt in refusing to apply moneys to 
 satisfy a judgment, to. what extent re- 
 viewable. 87, 183. 
 
 contempt in refusing to pay alimony, 
 whether reviewable on. 87, 184. 
 
 contempt, question whether person has 
 committed, to what extent reviewable 
 on. 87, 181-183. 
 
 counsel, right to particular, not be re- 
 viewed on. 87, 188. 
 
 courts martial, jurisdiction of, may be 
 raised in federal courts by. 87, 203. 
 
 defacto existence of court does not render 
 its judgment reviewable on. 87, 177- 
 179. 
 
 delay in execution, when entitle prisoner 
 to discharge on. 87, 193. 
 
 election, validity of, whether may be deter- 
 mined on. 87, 177. 
 
 Habeas corpus — Continued. 
 
 evidence, errors in force and effect of, not 
 reviewable on. 87, 190. 
 
 federal courts, judgments of, not review- 
 able by state courts by. 87, 200. 
 
 final judgment, effect of statutes on re- 
 view of, by habeas corpus. 87, 170. 171. 
 
 final judgment not reviewed on, unless 
 void. 87, 169, 170. 
 
 fine and imprisonment, irregularity in im- 
 posing, not entitle accused to release on. 
 87, 196, 197. 
 
 fine, irregularity in imposing, no ground 
 for release on. 87, 196, 197. 
 
 former jeopardy cannot be shown by. 87, 
 179. 
 
 grand jury, legality of, not reviewable on. 
 87, 184, 185. 
 
 illegally bringing accused from another 
 jurisdiction not raised on. 87, 191, 192. 
 
 indictments and informations, when re- 
 viewable on. 87, 184-187. 
 
 indictments, errors respecting, not review- 
 able on. 87, 185, 186. 
 
 indictment, failure to prosecute by, not 
 reviewable on. 87, 186. 
 
 indictment or information, sufficiency of, 
 not reviewable on. 87, 185. 
 
 in extradition proceedings. 1, 179. 
 
 inferior courts, mere irregularities of, 
 usually not reviewable on. 87, 198. 
 
 informing party of rights, failure in, not 
 reviewed on. 87, 189, 190. 
 
 judgments and sentences, defects in, when 
 reviewable on. 87, 190, 191. 
 
 judgment and sentence, when reviewed 
 on. 87, 190-198. 
 
 judgments, attacks upon, by. 23, 108- 
 110. 
 
 jurisdiction of court to render judgment 
 may be reviewed on. 87, 172, 173. 
 
 jurisdiction of court, wtiat constitutes, in 
 order to render judgment reviewable. 
 87, 173, 174. 
 
 jury, legality of, not reviewed on. 87, 
 189. 
 
 jury trial, right to, when not considered 
 on. 87, 188, 189. 
 
 jury trial, waiver of, whether reviewable 
 on. 87, 188, 189. 
 
 justice's court, mere irregularities of, 
 not reviewable on. 87, 198, 199. 
 
 legal existence of court cannot be at- 
 tacked by. 87, 177-179. 
 
 mayor's court, mere irregularities of, not 
 reviewable on. 87, 199. 
 
 mere errors and irregularities not re- 
 viewed on. 87, 171, 172. 
 
 mittimus, defective, no ground for dis- 
 charge of prisoner on. 87, 197, 198. 
 
 moot case not be reviewed on. 87, 176. 
 
 nature and purpose of writ of. 87, 168, 
 169. 
 
 not perform functions of writ of error. 
 7, 515. 
 
 place of incarceration, error regarding, 
 not reviewed on. 87, 192, 193. 
 
 police courts and magistrates, mere ir- 
 regularities of, not reviewable on. 87, 
 199. 
 
 preliminary examination, failure to have, 
 not raised on. 87, 184. 
 
Hackmen 
 
 IN0EX-DIGEST TO NOTES. 
 
 118 
 
 Habeas corpus — Continued. 
 
 premature sentence not entitle prisoner to 
 discharge on. 87, 193. 
 
 proceedings at the trial, whether review- 
 able on. 87, 187-190. 
 
 proceedings of particular courts, whether 
 reviewable on. 87, 198-203. 
 
 punishment, error in extent of, not re- 
 viewable on. 87, 194. 
 
 release on, after judgment and sentence. 
 87, 167-203. 
 
 repealed statute, conviction under, may 
 be reviewed on. 87, 176, 177. 
 
 scope of remedy generally. 87, 168-184. 
 
 sentences, cumulative and concurrent, 
 whether entitle accused to release on. 
 87, 195, 196. 
 
 sentence, defective, cannot be attacked on. 
 87, 195. 
 
 sentence, excessive, whether entitle pris- 
 oner to release on. 85, 194, 195. 
 
 sentence greater than prescribed by law, 
 whether authorizes discharge. 55, 267- 
 274. 
 
 sentence, indefinite, not entitle prisoner 
 to discharge on. 87, 194. 
 
 sentence, joint, not reviewable on. 87, 
 196. 
 
 sentence, modified, when reviewable on. 
 87, 196. 
 
 state courts, judgments of, not reviewed 
 on, by courts of sister state. 87, 199, 
 200. 
 
 state courts, judgments of, when review- 
 able in federal courts by. 87, 200, 201. 
 
 state courts sentencing for contempt, 
 when reviewable in federal courts by. 
 87, 201, 202. 
 
 state courts, sufficiency of indictment in, 
 not reviewable by federal courts on. 
 87, 202. 
 
 state statutes, constitutionality oT, when 
 reviewable in federal courts on. 87, 
 202, 203. 
 
 time and place of trial, when may be re- 
 viewed on. 87, 187. 
 
 to obtain discharge from imprisonment for 
 contempt. 22, 422. 
 
 unconstitutional amendment not be re- 
 viewed on, where conviction is under 
 original statute. 87, 176. 
 
 verdict, sufficiency of, nol reviewed on. 
 87, 190. 
 
 where accused is denied a speedy trial. 
 85, 202-204. 
 
 witnesses, refusal of time to secure, not 
 reviewable on. 87, 189. 
 
 HACKMEN. 
 
 grant of exclusive privileges to, by car- 
 rier. 22, 699-702. 
 
 HALF-BLOOD. 
 
 kindred of, right to inherit. 12, 110, 111. 
 
 HALLUCINATIONS. 
 
 which will avoid wills. 63, 93. 
 
 HAND-CAKS. 
 
 passengers on. 61, 95. 
 
 HABE0BIN6. 
 
 servant of another, action for. 11, 474- 
 
 478. 
 
 HABD LABOR. 
 
 unauthorized sentence to, not vitiate bal- 
 ance of sentence. 55, 270. 
 
 HAZARD. 
 
 increase of, in fire insurance. 66, 691- 
 702. 
 
 HEAD OF FAMILY. 
 
 who is. 70, 107-115. 
 
 HEALTH. 
 
 Boards of health. 
 
 assistants, power of, to employ. 80, 234. 
 
 dead bodies, regulations respecting which 
 may make and enforce. 80, 234. 
 
 decisions of, are not judicial nor conclu- 
 sive. 80, 222-224. 
 
 destruction of property by, when lawful. 
 80, 231, 232. 
 
 expenses which may incur. 80, 234. 
 
 health officers, liability of. 47, 548, 549. 
 
 hospital buildings, power of, to provide 
 a,nd maintain. 80, 233. 
 infectious or contagious diseases, regula- 
 tions which may be enforced respect- 
 ing. 80, 227-229. 
 
 judicial powers are not exercised bv. 80, 
 221, 222. 
 
 nuisances, abatement of, by. 80, 214-217. 
 
 nuisance, action of in abating is at their 
 peril. 80, 220, 221. 
 
 nuisance cannot be authorized by. 80, 
 215, 216. 
 
 nuisance, declarations by, of the existence 
 of, is not conclusive. 80, 218, 221. 
 
 nuisance, notice which must be given be- 
 fore proceeding against. 80, 217-221. 
 
 nuisance, removal of, mode of cannot be 
 directed by. 80, 215. 
 
 penalties, power of to impose. 80, 232, 
 233. 
 
 pesthouses, right of to maintain. 80, 229. 
 
 power of to conclusively declare what is 
 a nuisance cannot be delegated to. 80, 
 223. 
 
 power of, to examine applicants to prac- 
 tice medicine. 80, 233. 
 
 power of, to impose penalties. 80, 232, 
 233. 
 
 power of, to make quarantine regulations. 
 80, 227-229. 
 
 power of, to prohibit the carrying on of 
 a business. 80, 224-227. 
 
 power of, to regulate the use of property. 
 80, 224, 227. 
 
 power over cesspools and privies. 80, 226. 
 
 public schools, power of, to require vac- 
 cination of children attending. 80, 
 230. ^ 
 
 quarantine regulations which may be im- 
 posed and enforced by. 80, 227, 228. 
 
 vaccination, regulations concerning when 
 reasonable. 80, 230, 231. 
 
 violations of regulations of may be made 
 criminal. 80, 232. 
 
119 
 
 INDEX-DIGEST TO NOTES. 
 
 Highways 
 
 Eealth and quarantine regulations. 
 
 animals, liability for spread of disease by. 
 47, 539, 546, 551. 
 
 commerce, regulation under guise of quar- 
 antine regulations. 47, 537, 538. 
 
 Congress, power of, over quarantine. 47, 
 533, 534. 
 
 contagion, liability for exposing human 
 being to. 47, 552. 
 
 contagion, liability for spreading. 47, 
 549-551. 
 
 disinfection, municipality may require. 
 47, 543. 
 
 expenses of quarantine and disinfection. 
 47, 549. 
 
 fourteenth amendment not prohibit regu- 
 lations concerning. 25, 889. 
 
 health, state regulations to secure and 
 protect. 27, 566. 
 
 indictment for exposing others to con- 
 tagion. 47, 550. 
 
 inspection laws, power of state to pass. 
 27, 565, 566. 
 
 landlord, liability of, for spreading con- 
 tagion. 47, 552. 
 
 municipal regulations. 47, 540-546. 
 
 municipalities, liability of, for establish- 
 ing quarantine. 47, 548. 
 
 national laws and regulations. 47,' 533- 
 536. 
 
 nuisances, abatement of, by boards of 
 health. 47, 544-546. 
 
 pesthouse, authority to maintain. 47, 
 540, 543. 
 
 public, taxation to preserve. 16, 368. 
 
 quarantine and health laws and regula- 
 tions. 47, 533-552. 
 
 quarantine laws, power of state to enact. 
 27, 567. 
 
 schools, vaccination of children attending. 
 47, 546, 547. 
 
 slaughterhouses, regulation of. 47, 617. 
 
 spreading contagion, liability for, imposed 
 by statute. 47, 549, 550. 
 
 spreading contagion, liability for, in ab- 
 sence of statute. 47, 550, 551. 
 
 state laws and regulations. 47, 536-540. 
 
 statutes imposing liability for spreading 
 contagion. 47, 549, 550. 
 
 vaccination as a proper regulation. 47, 
 546, 547. 
 
 vessels, disinfection of. 47, 537, 543. 
 
 HEIBS. 
 
 apparent, no vested interest during an- 
 cestor's life. 12, 93. 
 
 as beneficiaries under life insurance policy. 
 52, 571. 
 
 assignment of expectancies by. 56, 339- 
 361. 
 
 definition of. 12, 82. 
 
 fraudulent conveyances, how far bound by. 
 3, 729. 
 
 insurance payable to. 44, 404-409. 
 
 liability of, for private nuisance. 86, 
 521. 
 
 limitation to, and rule in Shelley's case. 
 11, 102-104. 
 
 of adopted child, who are. 39, 228, 229. 
 
 of body, limitation to. 11, 104. 
 
 Heirs — Continued. 
 
 suit by, for death of ancestor. 70, 672, 
 
 678. 
 unknown, suits against. 87, 365, 366. 
 who are. 44, 404-406. 
 
 HERDING. 
 
 cattle on another's lands, liability for 
 81, 446-453. 
 
 HIGH SEAS. 
 
 trespass on, jurisdiction over. 6, 189, 
 190. 
 
 HIGHWAYS. 
 I* Gstablisliment. 
 II. Vacation, 
 
 III. Rights of Abutting Owners. 
 
 IV. Work on Highways, 
 V. Use of Higlinrays, 
 
 I. IDstablishnient. 
 
 Estailishment of highways. 
 
 acceptance of dedication, evidence of. 
 57, 753-756. 
 
 by prescription. 57, 746-748. 
 
 by prescription, lines of. 57, 763. 
 
 by prescription, width of. 57, 763, 764. 
 
 by user. 57, 744-766. 
 
 dedication, acts of landowner which es- 
 tablish. 57, 756. 
 
 dedication by a married woman. 57, 760. 
 
 dedication, evidence of. 57, 750, 751. 
 
 dedication, intent of landowner, evidence 
 establishing. 57, 756. 
 
 dedication, plats, maEing of as evidence 
 of. 57, 752. 
 
 dedication, user as evidence of. 57, 751, 
 752, 755, 756. 
 
 definition of. 57, 744, 745. 
 
 evidence to prove dedication. 57, 750. 
 
 grant of land to be used for, whether cre- 
 ates condition subsequent. 79, 760. 
 
 mapping and platting as evidence of dedi- 
 cation of. 57, 753. 
 
 negligent construction by independent con- 
 tractor, master's liability for. 76, 
 423. 
 
 over unoccupied lands, what establishes. 
 57, 762, 763. 
 
 prescriptive title, when exists. 57, 748, 
 749, 761. 
 
 presumption arising from long use of land 
 as. 57, 761, 762. 
 
 public, defined. 57, 745. 
 
 taxation for public. 16, 368. 
 
 tracks of street railways, to what extent 
 highways. 25, 476. 
 
 user, establishment of, by. 57, 746, 747. 
 
 II, Vacation, 
 
 Vacation of highways. 
 
 adverse possession of. 76, 492-495. 
 
 adverse possession of, when may be ac- 
 quired. 87, 775-778. 
 
 extinguishment of highways through non- 
 user or by operation of statute of limi- 
 tations. 14, 278-282. 
 
Holding Over 
 
 INDEX-DIGEST TO NOTES. 
 
 120 
 
 Vac2tion, of highways — Continued. 
 
 nonuser of, as evidence of abandonment of. 
 57, 765, 766. 
 
 vacating, damages recoverable for. 46, 
 493-498. 
 
 vacating, power of legislature to author- 
 ize. 46, 493, 494. 
 
 in. Rigrhts of Aliatting O-n-ners. 
 
 abutting owner, compensation to, for use 
 of streets by street railway. 25, 478, 
 479. I 
 
 abutting owners, right of, to compensa- 
 tion for use of streets by telegraph com- 
 panies. 28, 230-235. 
 
 dedication does not devest the landowner 
 of the fee. 46. 495. 
 
 title revests in abutting owner on vacation 
 of street. 46. 495. 
 
 IV. "Work; on High-n^ays. 
 
 labor upon, requirement of, is not an im- 
 position of taxes. 74, 667. 
 
 labor upon, requiring of persons not able- 
 bodied. 74, 667. 668. 
 
 labor upon, statutes exacting of male 
 citizens are constitutional. 74, 667. 
 
 labor upon, statutes ^acting of male 
 citizens, whether must be uniform. 74, 
 667. I 
 
 V. Use of Higb-frays. 
 
 Use of highways. 
 
 additional servitudes which may be im- 
 posed upon. 51, 549-551. 
 
 bicycles, rights of, upon. 48, 377, 378. 
 
 care, duty of persons meeting to exercise. 
 48, 372. ; 
 
 carriages, duty of drivers of, to avoid in- 
 juring foot passengers. 48, 367. 
 
 children injured on highway. 45, 421- 
 423. 
 
 collisions, burden of proof respecting. 
 48, 371. 373. 
 
 driving on the wrong side of. 48, 367, 
 368. 
 
 easement of lot owner in, for passage of 
 light and air. 41, 324-328. 
 
 establishing railroad in highway, damages 
 for. 4, 402, 403. 
 
 fast driving upon. 48, 378. 
 
 footmen have no prior right of way over 
 vehicles. 48, 376. 
 
 horsemen are not required to turn out in 
 any particular direction. 48, 376. 
 
 horsemen should yield traveled part to 
 vehicles. 48, 376. 
 
 liability for placing obstruction in. 36, 
 841, 842. 
 
 negligence, contributory, of persons in- 
 jured upon. 48, 373. 
 
 negligence in use of, what is. 48, 372, 
 373. 
 
 passing of persons traveling in the same 
 direction. 48, 377. 
 
 public rights in. 41, 328. 
 
 railroad using, duty of. 52, 45-50. 
 
 rights and duties of foot passengers. 9, 
 878-880. 
 
 right of private person to occupy or oD- 
 struct highway. 1, 840-844. 
 
 Use of highway Si — Continued. 
 
 road, law of. 48. 367. 
 
 street railways, rights of, in. 48, 380. 
 
 street railways, when constitute addi- 
 tional servitudes. 51, 549. 
 
 telegraph and telephone lines, when con- 
 stitute additional servitudes.. 51, 550. 
 
 to what use may Ee put' without award- 
 ing damages to property owners. 16, 
 612-614. 
 
 traveled part of, what is. 48, 370. 
 
 travelers must respect one another's 
 rights upon. 48, 380. 
 
 turning to the left is the duty of travel- 
 ers in England. 48, 368. 
 
 turning to the right, failure of, when will 
 not justify one person in inflicting in- 
 juries on another. 48, 370-372. 
 
 turning to the right is the duty of trav- 
 elers in the United States. 48, 368. 
 
 turning to the right, when does not apply. 
 48, 368, 369. 
 
 wrong side of, being upon, is not conclu- 
 sive evidence of negligence. 48, 375. 
 
 travelers in the road, and the presumption 
 of negligence from being on the wrong 
 side thereof. 48, 366-381. 
 
 use of, by telegraph and telephone com- 
 panies. 28, 229-236. 
 
 HOLDING OVER. 
 
 by a tenant. 70, 533-638. 
 
 HOMESTEAD. 
 
 I. Nature of Homestead. 
 
 II. Transfer or Bncnmbrance. 
 
 Ill- Survivors. 
 
 IV. Forfeiture and "WalTer. 
 
 I. Nature of Homestead. 
 
 Homestead right generally. 
 
 adverse possession of, by husband or wife 
 against each other. 18, 113-115. 
 
 betterments on. 81. 180. 
 
 homestead in excess of statutory value, 
 execution against. 21, 30. 
 
 in community property. 21, 28, 29. 
 
 occupation essential to. 9. 209. 
 
 property in which homestead may be ac- 
 quired. 9, 209. 210. 
 
 residence of wife at, not essential. 9, 209. 
 
 Bead of family. 
 
 brother who maintains his sister. 70, 
 
 109, 110. 
 children of deceased father as. 70, 115. 
 definition of. 70. 107. 
 divorce as affecting. 70, 113, 114. 
 father whose children do not reside with 
 
 him. 70, 108-110. 
 guardian of a minor child is entitled to 
 
 a homestead as. 70, 114. 
 head of a family, who may claim as. 70, 
 
 107-115. 1 
 
 husband of a divorced wife retains his 
 
 rights as. 7ff, 113. 
 husband, though without children, is a. 
 
 70, 108. 
 partnership is not. 70, 114, 115. 
 
321 
 
 INDEX-BIGEST TO NOTES. 
 
 Homicide 
 
 Bead of family — Continued. 
 
 partnership property, whether may be 
 
 claimed as. 70, 114, 115. 
 separate property of wife, whether may 
 
 be dedicated as. 70, 111. 
 separation as affecting. 70, 113, 114. 
 son support his mother. 70, 109. 
 tenant as. 70, 114. 
 
 unmarried person may be a. 70, 109, 110. 
 who is. 70, 107-115. 
 widow or unmarried woman maintaining 
 
 children of a deceased relative. • 70, 
 
 113. 
 wife living with her husband and children 
 
 cannot be a. 70, 111, 112. 
 wife permanently separated from her 
 
 husband. 70, 114. 
 
 Liabilities enforceahle against homestead. 
 
 assignee of purchase money debt has ven- 
 dor's lien on. 86, 177, 178. 
 attachment of. 38, 248. 
 attachment, levy of, thereon, is void. 38, 
 
 247. 
 crops, debts created for supplies used in 
 
 producing. 45, 385. 
 execution, lew of, thereon is void. 38, 
 
 247. 
 exemption of proceeds and produce of a 
 
 homestead. 45, 237-239. 
 fiduciary debts, whether exempt from. 
 
 45, 387. 
 for what claims liable. 45, 383-389. 
 improvements, debts created for, whether 
 
 exempt from sale for. 45, 384. 
 judgment lien against. 38, 247. 
 lien for purchase money. 86, 174-182. 
 lien for purchase money of tract of which 
 
 homestead is a part. 86, 177. 
 lien for purchase money on part of home- 
 stead. 86, 177. 
 materialman's lien, whether subject to. 
 
 45, 384. 
 mechanics, laborers, and materialmen's 
 
 liens, when subject to. 45, 383. 
 mechanics' liens upon homesteads. 40, 
 
 445-448. 
 money borrowed to pay purchase price of. 
 
 45, 386. 
 money borrowed to purchase homestead. 
 
 decisions holding it not to be a lien 
 
 on. 86, 181, 182. 
 money borrowed to purchase homestead, 
 
 decisions holding it to be a lien on. 
 
 86, 180, 181. 
 money paid by third person for grantee to 
 
 grantor may be a lien on. 86, 178-180. 
 mortgage for purchase price is valid lien 
 
 on. 86, 176, 177. 
 public officers, liability of, whether may 
 
 be enforced against their homesteads. 
 
 45, 388. 
 purchase money, exemption, from judg- 
 ments recovered for. 45, 385. 
 purchase money for outstanding para- 
 mount title or encumbrance may be a 
 
 lien on. 86, 182. 
 street assessments may be enforced 
 
 against. 45, 387. 
 subject to pre-existing equities. 77, 806. 
 subject to pre-existing mortgages. 77, 
 
 806. 
 
 Liabilities enforceable against homestead — 
 Continued. 
 
 taxes, to what extent subject to judgments 
 
 for. 45, 387. 
 torts, whether exempt from judgments for. 
 
 45, 388, 389. 
 vendor's lien on. 86, 174-176. 
 
 II. Transfer or Encninliraiice. 
 
 Transfer or encumbrance. 
 
 alienation of federal homestead. 52, 253. 
 
 conveyance by one spouse, whether be- 
 comes operative on subsequent abandon- 
 ment, or on property vesting in the 
 spouse who conveyed. 12, 683-686. 
 
 crops raised on, whether subject to exe- 
 cution. 34, 493, 494. 
 
 effect of divorce on. 12, 686. 
 
 fraudulent conveyance of. 9, 210. 
 
 incumbering, manner and mode ol. 8, 87, 
 88. 
 
 judgment liens as affecting homesteads. 
 34, 496-498. 
 
 judgment lien, cases holding homestead 
 subject to. 34, 503, 504. 
 
 judgment lien, excess over homestead, 
 whether subject to. 34, 505, 506. 
 
 judgment lien, homestead not usually sub- 
 ject to. 34, 499-501. 
 
 judgment lien, land purchased for home- 
 stead not subject to. 34, 502, 503. 
 
 judgment lien not devested by subsequent 
 occupancy. 34, 496-498. 
 
 judgment liens on homesteads. 34, 496- 
 506. 
 
 judgment lien, whether attaches on aban- 
 donment of homestead. 34, 501. 
 
 judgment lien, whether attaches to exist- 
 ing homestead. 34, 498, 499. 
 
 mortgage of federal homestead. 52, 251- 
 253. 
 
 mortgage of, whether valid after subse- 
 quent abandonment. 12, 683-686. 
 
 reformation of a conveyance or mortgage 
 upon. 77, 804-806. 
 
 reformation of conveyance not by both 
 husband and wife will not be decreed. 
 77, 805. 
 
 wife cannot give power of attorney to 
 transfer. 84, 771. 
 
 III. Survivors. 
 
 survivor's right in homestead. 21, 29, 30. 
 
 IV. Forfeiture anil AValver. 
 
 removal from state, whether forfeits right 
 
 to. 34, 494. 
 waiver of. 8, 88. 
 
 HOMICIDE. 
 I. Murder. 
 II. Manslaus'liter. 
 
 III. Indictment. 
 
 IV. Elvidence in Homicide. 
 V. Civil Liability. 
 
 I. JUurder. 
 
 Murder. 
 
 homicide by burning a building may be 
 murder. 90, 578. 
 
Homicide 
 
 INDEX-DIGEST TO NOTES. 
 
 122 
 
 Murder — Continued. 
 
 homicide of unborn infant by beating 
 mother, when constitutes murder. 90, 
 577. 
 
 involuntary homicide committed in per- 
 petration of felony may be murder. 90, 
 575, 576. 
 
 .iustification for murder. 10, 294, 295. 
 
 killing a third person while shooting at 
 another may be murder. 90, 582, 583. 
 
 killing by intentionally shooting into a 
 house or crowd is murder. 90, 583. 
 
 married women, liability of, for. 33, 91- 
 93. 
 
 self-defense in murder. 10. 294. 
 
 unintentional homicide committed in at- 
 tempting suicide, when is murder. 90, 
 581. 
 
 unintentional homicide committed in es- 
 caping from custodv may be murder. 
 90, 580. 
 
 unintentional homicide committed in per- 
 petration of burglarv may be murder. 
 90, 579. 
 
 unintentional homicide committed in per- 
 petration of robbery may be murder. 
 90, 579, 580. 
 
 unintentional homicide committed in 
 wrecking a train is murder. 90, 581. 
 
 II. ManHlaaghter. 
 
 Manslaughter. 
 
 homicide by abandoning or exposing child, 
 
 when manslaughter. 90, 578. 
 involuntary homicide caused by negligent 
 
 act. 90, 572-574. 
 involuntary homicide committed in as- 
 sault and battery is manslaughter gen- 
 erally. 90, 576, 577. 
 involuntary homicide committed in per- 
 petration of misdemeanor is man- 
 slaughter. 90, 575, 576. 
 involuntary homicide while doing acts 
 mala prohibita, liability for. 90, 574, 
 575. 
 involuntary manslaughter, definition of. 
 
 90, 571, 572. 
 killing a third person while shooting at 
 another may be manslaughter. 90, 582, 
 583. 
 unintentional homicide by procuring an 
 abortion, should be no more than man- 
 slaughter. 90, 578, 579. 
 unintentional homicide committed by ad- 
 ministering poison is not more than 
 manslaughter. 90, 580. 
 unintentional homicide committed during 
 mutual combat is at least manslaughter. 
 90, 577, 578. 
 unintentional homicide committed in per- 
 petrating rape or sodomy is man- 
 slaughter. 90, 580. 
 unintentional homicide committed in reck- 
 less use of firearms is generally man- 
 slaughter. 90, 581, 582. 
 unintentional homicide committed while 
 pointing a gun at another is man- 
 slaughter. 90, 581, 582. 
 unintentional homicide, committed while 
 shooting to frighten is manslaughter. 
 90, 582. 
 
 Manslaughter — Continued. 
 
 unintentional homicide in the commission 
 of an unlawful act. 90, 571-583. 
 
 III. Indictment. 
 
 caption of indictment. 3, 279, 2^0. 
 certainty required in indictment. 3, 279. 
 charging part of indictment. 3, 280-283. 
 conclusion of indictment. 3, 283, 284. 
 requisites of indictment for murder under 
 
 statutes. 3, 281-283. 
 sufficiency of indictment for murder. 3, 
 
 279-284. 
 
 IV. Evidence in Homicide. 
 
 Dying declarations. 
 
 admissibility of. See Criminal Law. 
 are admissible in cases of homicide. 86, 
 
 665, 666. 
 character of declarations. 86, 647-654. 
 competency of declarant as witness. 86, 
 
 640-642. 
 dying condition of person making. 86, 
 
 654-663. 
 form of. 86, 642-647. 
 res gestae, declaration as part of. 86, 
 
 665. 
 time of making. 86, 663-665. 
 what are, and when admissible. 86, 637- 
 
 668. 
 
 Threats as evidence. 
 
 threats by deceased. 89, 699-705. 
 
 threats by deceased accompanied by hos- 
 tile act. 89, 707, 708. 
 
 threats by deceased, necessity of showing 
 overt act in connection with. 89, 701- 
 703. 
 
 threats by deceased not communicated to 
 defendant. 89, 705-710. 
 
 threats by deceased not communicated to 
 defendant, when admissible if accom- 
 panied by communicated threats. 89, 
 706, 707. 
 
 threats by deceased to show aggression. 
 89, 700, 701. 
 
 threats by deceased to show self defense. 
 89, 700, 701. 
 
 threats by deceased to show who was the 
 aggressor. 89, 709, 710. 
 
 threats by deceased, remoteness of mak- 
 ing, as afi'ecting admissibility. 89, 703. 
 
 threats by deceased which are communi- 
 cated to defendant. 89, 704, 705. 
 
 threats by deceased which are indefinite. 
 89, 703, 704. 
 
 threats in prosecutions for homicide. 89, 
 691-710. 
 
 threats made by accomplice or co-con- 
 spirator. 89, 698. 
 
 threats must refer to the homicide. 89, 
 692. 
 
 threats of deceased unaccompanied by 
 hostile acts. 89, 708, 709. 
 
 threats of defendant against a class. 89, 
 698. 
 
 threats of defendant against third per- 
 sons, when admissible and when not. 
 89, 696, 697. 
 
 threats of defendant, indefinite, whether 
 admissible. 89, 694, 695. 
 
123 
 
 INDEX-DIGEST TO NOTES. 
 
 Husband and Wife 
 
 Threats as evidence — Continued. 
 
 threats of defendant, remoteness of mak- 
 ing, effect of. 89, 695, 696. 
 
 threats of defendant to show malice or In- 
 tent. 89, 693. 
 
 threats of defendant, when admissible. 
 89, 692-698. 
 
 threats, rebuttal of evidence of. 89, 710. 
 
 V. ClTll lilability. 
 
 civil liability of liquor seller for homicide 
 of intoxicated person. 85, 450; f51. 
 
 HORSERACING. 
 
 as a crime, 
 wagers on. 
 
 78, 250. 
 37, 701, 702. 
 
 HORSES. 
 
 duty of horsemen on highways. 48, 376. 
 exempt from execution. 22, 253. 
 
 HOSPITALS. 
 
 charitable trusts for. 63, 262. 
 municipal, liability for negligent man- 
 agement of. 30, 402. 
 
 HOSTILITY. 
 
 instructions of court must not show. 
 
 14, 40-44. 
 of possession in adverse possession. 28, 
 
 158. 
 of witness, proof of. 82, 52-55. 
 
 HOTEL. 
 
 a dwelling-house, in burglary. 2, 390. 
 
 HOURS OF LABOR. 
 
 special statutes limiting. 62, iSl. 
 
 HOUSE. 
 
 what is, in arson. 71, 266-269. 
 
 HUSBAND AND WIFE. 
 I. Rigbts and lilabllitles Genei-ally. 
 II. Marrlase Settlements. 
 III. Conveyances and Contracts Be- 
 
 tfveen. 
 IV. Disabilities and Privileges of Cov- 
 erture. 
 V. Wife's Separate Bstate. 
 VI. Actions. 
 VII. Community Property. 
 VIII. Separation and maintenance. 
 IX. Abandonment. 
 X. Allenatlns and Bnticlng;. 
 
 I. Rlsbts and lilabllitles Generally. 
 
 Eushand and wife. 
 
 adverse possession between. 18, 113-115. 
 
 antenuptial debts, liability of husband 
 for. 58, 493. 
 
 coverture as excuse for laches. 2, 806. 
 
 dying declaration of husband or wife ad- 
 missible against the other. 86, 641. 
 
 gifts by husband in expectation of death. 
 24, 491, 492. 
 
 H^^sl)and amd icife — Continued. 
 
 gift by husband, whether fraudulent as to 
 
 wife. 24, 490-494. 
 husband and wife are not related by 
 
 affinity. 79, 205. 
 husband and wife succeeding to each 
 
 other's estate. 12, 82-92. 
 husband as head of family. 70, 113. 
 husband's liability for wife's antenuptial 
 
 debts. 18, 643. 
 joint debtors, when husband and wife 
 
 are. 65, 691. 
 marital rights of husband, effect of mar- 
 ried women's acts on. 12, 83, 84. 
 married women moving to vacate judg- 
 ment. 60, 656, 657. 
 statutes impairing marital obligation. 
 
 effect of. 84, 449. 
 undue influence of husband over wife. 
 
 21, 102. 
 undue influence of wife over husband in 
 
 making will. 31, 676. 
 wife as head of family. 70, 111-114. 
 wife no vested interest in personal estate 
 
 of husband. 24, 491. 
 wife's right . to assail transfers made by 
 
 husband. 24, 492, 493. 
 witnesses against each in case of crime 
 
 by one against the other. 86, 641. 
 
 II. Marriage Settlements, 
 
 change in domicile as affecting rights in. 
 85, 576, 577. 
 
 conflict of laws as affecting marriage set- 
 tlements. • 85, 574-577. 
 
 marriage settlements as fraudulent con- 
 veyances. 90, 509-514. 
 
 marriage settlements, by what law con- 
 strued. 85, 574-576. 
 
 revocation of marriage settlements. 20, 
 859-862. 
 
 III. Conveyances and Contracts Between. 
 
 Conveyances between. 
 
 contract of wife to convey. 9, 324. 
 conveyances from husband to wife, when 
 
 creditors may attack as fraudulent. 
 
 90, 496-556. 
 deeds from wife to husband. 9, 323-325. 
 effect of conveyance in equity from wife 
 
 to husband. 9, 323. 
 fraudulent conveyances between. 20, 715. 
 mode of conveyance from husband to 
 
 wife. 9, 324, 325. 
 validity of conveyance from husband to 
 
 wife. 9, 324. 325. 
 voluntary conveyances between. 14, 746, 
 
 749. 
 
 Contracts between. 
 
 agreements between, to compensate each 
 other for services, or relinquish claims 
 on earnings. 58, 492-499. 
 
 agreement by one to pay the other for 
 services. 58, 402. 
 
 betterments by husband, wife need not 
 pay for. 81, 192. 
 
 cannot contract with one another at the 
 common law. 73, 268. 
 
 conflict of laws as affecting contracts be- 
 tween husband and wife. 85, 574-577. 
 
Husband and Wife 
 
 INDEX-DIGEST TO NOTES. 
 
 124 
 
 Contracts between — Continued. 
 
 contracts between, were not valid a-t the 
 common law. 58, 492. 
 
 contract of one for benefit of other, who 
 may sue upon. 71, 204, 205. 
 
 earnings and services of husEand, whether 
 he may give to his wife, to the preju- 
 dice of his creditors. 58, 496, 497. 
 
 effect of marriage on antenuptial con- 
 tracts between husband and wiTe. 73, 
 898-900. 
 
 gift from husband to wife, when sustained 
 as trust. 34, 212. 
 
 gifts may be made by husband to wife. 
 58, 494. 
 
 married women's acts, effect on antenup- 
 tial contracts. 73, 899, 900. 
 
 power of attorney given by husband and 
 wife. 22, 727. 
 
 services of husband in managing wife's 
 property, agreements by her to com- 
 pensate him therefor. 58, 496, 497. 
 
 services of wife in performance of marital 
 duties. 58, 493. 
 
 IV. Disabilities and Privileges of Cover- 
 ture. 
 
 Conflict of laws. 
 
 as affecting capacity of married women 
 to sue and be sued. 85, 577, 578. 
 
 as affecting contracts between husband 
 and wife. 85, 574-577. 
 
 as affecting contracts relating to separate 
 property. 85, 573, 574. 
 
 as affecting rights and obligations of mar- 
 ried women. 85, 552-578. 
 
 as affecting rights in community property. 
 85, 564-566. 
 
 as affecting rights of married women in 
 personal property. 85, 557-564. 
 
 as affecting rights of married women in 
 real property. 85, 553-557; 46, 451. 
 
 conflict of laws concerning married 
 women. 46, 447, 448. 
 
 contracts of married women as affected 
 by. 85, 566-577. 
 
 contracts of married women valid where 
 made are valid everywhere. 46, 448, 
 449. 
 
 law of domicile, when applicable to con- 
 tracts of married women. 46, 449. 
 
 lex fori, when applicable to transactions 
 of married women. 46, 452. 
 
 lex rei sitae, when applicable to contracts 
 of married women. 46, 450. 
 
 remedies by and against married women 
 are governed by the law of the state 
 where the action is pending. 46, 452. 
 
 obligations of married women, enforce- 
 ment of in other states. 46, 454-456. 
 
 Contracts. 
 
 aliens, wives of, may contract and do 
 business as if unmarried. 64, 869. 
 
 assignment of life insurance policy by 
 married women. 87, 503-506. 
 
 assignment of life insurance policy by 
 mal-ried women to secure debt of hus- 
 band. 87, 503, 504. 
 
 conflict of laws as affecting right to con- 
 tract. 85, 566-574. 
 
 Contracts— Continued. 
 
 conflict of laws respecting rights and ob- 
 ligations of married women. 85, 552- 
 578. 
 
 contracts of married women, binding sep- 
 arate estate. 85, 573, 574. 
 
 contracts of married women, change in 
 law as affecting. 85, 572, 573. 
 
 contracts of married women, effect of 
 domicile on. 85, 568-572. 
 
 contracts of married women, lex loci con- 
 •tractus governs generally. 85, 566-568. 
 
 debt contracted during coverture, promise 
 of widow to pay. 39, 742, 743. 
 
 enforcement of obligations of married 
 women. 46, 454. 
 
 insanity of husbands, effect of upon the 
 authority of wives. 64, 870. 
 
 liability of married women on contract 
 valid where made but not where suit 
 brought. 46, 448-457. 
 
 necessaries, power to contract for. 64, 
 862, 863. 
 
 ratification of contracts. 59, 640. 
 
 reformation of contracts of. 65, 511-513. 
 
 Crimes of married women. 
 
 coercion presumed from husband's pres- 
 ence. 33, 92, 93. 
 
 coercion, presumption of, may be rebut- 
 ted. 33, 93, 94. 
 
 coercion, presumption of, not arise in case 
 of graver felonies. 33, 93. 
 
 coercion, presumption of, not arise in 
 case of keeping disorderly house. 33, 
 93. 
 
 liability of married women for crimes 
 committed in husband's presence. 33, 
 89-96. 
 
 married women's acts, effect of, on wife's 
 criminal liability. 33, 96. 
 
 married women who acts independently 
 may be convicted as a feme solfe. 33, 
 94, 95. 
 
 presence of husband need not be actual 
 to excuse wife. 33, 95, 96. 
 
 murder, wife's liability for. 33, 91-93. 
 
 robbery, wife's liability for. 33, 91-93. 
 
 trea/son, wife's liability for. 33, 91-93. 
 
 wife not liable for criminal act done under 
 actual coercion of husband. 33, 91, 92. 
 Domicile of hushand and wife. 
 
 cases holding that wife cannot have sep- 
 arate. 84, 30. 
 
 general right of wife to establish for her- 
 self a separate. 84, 33-37. 
 
 of husband is domicile of wife, exceptions 
 to the rule. 84, 27-37. 
 
 of "husband is not that of wife after actual 
 and permanent separation. 84, 27, 28. 
 
 of husband is not that of wife after an 
 agreement to live separate is made. 84, 
 28. 
 
 wife forfeits right to husband's domicile 
 by wrongfully absenting herself. 84, 
 29. 
 
 wife may acquire separate, after bring- 
 ing suit for divorce. 84, 30-32. 
 
 wife may change, after husband has given 
 cause for divorce. 84, 28, 29. 
 
 wife may establish separate, after divorce 
 a mensa et thoro. '84, 32. 
 
125 
 
 INDEX-DIGEST TO NOTES. 
 
 Husband and Wife 
 
 EusJ)and and wife as loitnesses. 
 
 as witnesses for and against each other. 
 14, 481. 
 
 witnesses, husband and wife, when com- 
 petent as. 24, 663, 664. 
 
 Partnership contracts. 
 
 partners, married women as, rule at com- 
 mon law as to. 31, 934. 
 
 partners, power of married women to be- 
 come. 31, 932-936. 
 
 partnership between married woman and 
 her husband. 31, 935, 936. 
 
 partnership between married woman and 
 third person other than her husband. 
 31, 935. 
 
 partnership dissolved by marriage of the 
 partners. 31, 936. 
 
 partnership, power of married women to 
 form. 34, 339, 340. 
 
 Power of attorney By married women. 
 
 attorney, disability to appoint. 84, 762. 
 
 attorney, disability to appoint, removal 
 of by statute. 84, 762. 
 
 attorney, power to appoint, whether in- 
 eluded in power to convey land. 84, 
 763, 764. 
 
 conveying homestead, joinder of husband 
 and wife in is essential. 84, 771. 
 
 powers of attorney. 84, 761-772. 
 
 power of attorney, acknowledgment of. 
 84, 769, 770. 
 
 powers of attorney, authority to make. 
 84, 762-765. 
 
 powers of attorney, construction of. 84, 
 765-769. 
 
 power of attorney, deserted wife may 
 make. 84, 765. 
 
 power of attorney from wife to husband. 
 84, 762, 763. 
 
 power of attorney, general words in, when 
 restricted to special acts authorized. 
 84, 768, 769. 
 
 power of attorney may apply to separate 
 estate as well as to dower. 84, . 766, 
 767. 
 
 power of attorney, mode of executing. 
 84, 769, 770. 
 
 power of attorney, revocation of by mar- 
 riage. 84, 771. 
 
 power of attorney, revocation of, by war. 
 84, 771. 
 
 power of attorney, strict construction of, 
 when made. 84, 767. 
 
 power of attorney to confess or transfer 
 judgments. 84, 771, 772. 
 
 power of attorney to convey lands need 
 not describe them in detail. 84, 766. 
 
 power of attorney to convey lands subse- 
 quently acquired. 84, 766. 
 
 power of attorney to release dower, suffi- 
 ciency of. 84, 765, 766. 
 
 power of attorney to release dower, valid- 
 ity of. 84, 765. 
 
 power of attorney, validating by subse- 
 quent legislation. 84, 764, 765. 
 
 power to borrow money, when! includes 
 power to mortgage. 84, 767. 
 
 power to convey interest as heir does not 
 include power to convey interest in 
 community property. 84, 768. 
 
 Power of attorney hy married women — Cont'd. 
 
 power to convey not apply to homestead. 
 84, 771. 
 
 power to sell and power to convey, differ- 
 ence between. 84, 768. 
 
 power to sell does not include power to 
 dedicate. 84, 768. 
 
 Privileged communications between husband 
 
 and wife. 
 
 communications between husband and 
 wife as principal and agent, not priv- 
 ileged. 29, 420-422. 
 
 communications heard by a third person. 
 29, 414. 
 
 communications in perpetration of fraud 
 not privileged. 29, 422, 423. 
 
 communications in presence of third per- 
 son. 29, 413. 
 
 communications not confidential not priv- 
 ileged. 29, 419, 420. 
 
 communications respecting trust property 
 not privileged. 29, 423. 
 
 communications which are privileged. 29, 
 411. 
 
 death does not render communications ad- 
 missible. 29, 418, 419. 
 
 divorce does not render communications 
 admissible. 29, 418, 419. 
 
 instances of communications which cannot 
 be disclosed. 29,411-413. 
 
 letters between husband and wife found 
 in possession of third person. 29, 415- 
 418. 
 
 letters from husband to wife. 29, 414, 
 415. 
 
 objection to admission in evidence. 29, 
 423. 
 
 privileged communications between. 29, 
 411-423. 
 
 Property and conveyances. 
 
 change in law, effect of, on real property 
 
 rights. 85, 556, 557. 
 change of domicile of parties, presumption 
 
 as to foreign law. 85, 561, 562. 
 conflict of laws as to rights in personal 
 
 property. 85, 557-564. 
 conflict of laws as to rights in real prop- 
 erty. 85, 553-557. 
 conflict of laws, real property is governed 
 
 by the laws of the state in which it is 
 
 situate. 46, 451. 
 constitutionality of statute afi'eeting 
 
 rights based on pre-existing marriage. 
 
 84, 437-450. 
 
 curtesy, estate by, subsequent statutes 
 cannot destroy. 84, 444-446. 
 
 dedication of highway by married woman. 
 57, 760. 
 
 descent and distribution of land, law of 
 place where situated controls rights of. 
 
 85, 557. 
 
 descent, rights by, legislation may change. 
 84, 449, 450. 
 
 dower right not a vested estate, and sub- 
 sequent legislation may affect. 84, 446- 
 449. 
 
 entireties, estate by. 10, 99, 100. 
 
 entireties, estate by, statutes, effect of 
 upon. 84, 442. 
 
 entireties, tenancy by, in personal prop- 
 erty. 38, 435, 436. 
 
Husband and Wife 
 
 IXDEX-DIGEST TO NOTES. 
 
 126 
 
 Property and conveyances — Continued. 
 
 husband's assignment of his interest to 
 be acquired in his wife's estate. 56, 
 346. 
 
 husband's estate in wife's personal prop- 
 erty, subsequent statutes, whether can 
 affect. 84, 440-442. 
 
 husband's estate in wife's real property, 
 subsequent statutes cannot defeat. 84, 
 439, 440. 
 
 husband signing wife's deed, effect. 23, 
 82-84. 
 
 lex loci rei sitae governs real property 
 rights generally. 85, 553-556. 
 
 personal property, change in law as to, 
 effect of. 85, 559. 
 
 personal property, change of domicile as 
 affecting rights in. 85, 559-562. 
 
 personal property, rights in, law of domi- 
 cile governs generally. Sfe, 557-559. 
 
 personal property, separation of husband 
 and wife, effect of on rights in. 85, 562. 
 
 personal property, succession to and dis- 
 tribution of. 85, 562-564. 
 
 property accumulated during a void mar- 
 riage, division of. 68, 375-379. 
 
 property in husband by virtue of mar- 
 riage, whether a good consideration for 
 a conveyance to wife. 90, 530-534. 
 
 reformation of deeds of married women. 
 65, 509-512. 
 
 vested property rights arising out of 
 marital relation, statutes cannot affect. 
 84, 437-439. 
 
 wife signing husband's deed, effect. z3, 
 83. 
 
 Torts of married women. 
 
 torts, liability of married women for. 2, 
 579, 580. 
 
 V. wife's Sepaxate Bstate. 
 
 Separate estate of wife. 
 
 agent of wife, husband may act as. 77, 
 100, 101, 104. 
 
 contracts of wife binding on. 85, 573, 
 574. 
 
 creditors of husband, when may reach im- 
 provements placed by him on his wife's 
 lands. 77, 93, 94. 
 
 equity, power of, to compel wife to ac- 
 count for the value of her husband's 
 services on her property. 77, 105-107. 
 
 exempt property, adding of to wife's 
 lands. 77, 98, 99. 
 
 gift from her to him, when presumed. 77, 
 108. 
 
 gift to wife of the proceeds of her own 
 labor. 77, 100. 
 
 husband signing wife's deed, effect. 23, 
 82-84. 
 
 husband's use of separate estate, when a 
 good consideration for a conveyance to 
 her. 90, 541, 542. 
 
 improvement of wife's land by her hus- 
 band's personal services, whether his 
 creditor may complain of. 77, 98-100. 
 
 improvements placed on her lands by an 
 insolvent husband. 77, 93. 
 
 improvements placed on her lands in pay- 
 ment of husband's indebtedness to her. 
 77, 93. 
 
 Separate estate of wife — Continued. 
 
 increase of wife's estate through the man- 
 agement of her husband. 77, 100-106. 
 
 increased value of her property caused 
 by husband's acts or money. 77, 92. 
 
 labor of husband in improving wife's prop- 
 erty. 77,_ 97-100. 
 
 mechanic's lien on separate property. 83, 
 517-524. 
 
 part payment on wife's property by hus- 
 band. 77, 108, 109. 
 
 profits of wife's biisiness managed by hus- 
 band, when and to what extent his cred- 
 itors may reach. 77, 106-108. 
 
 property purchased in wife's name, burden 
 of proof as to. 38, 44. 
 
 separate estate of wife, what is. 38, 46. 
 
 separate property, statutes concerning. 
 
 84, 440-442. 
 
 separate property as homestead. 70, 114, 
 
 115. 
 succession of husband to. 12, 84. 
 
 VI. Actions. 
 
 action by widow for death of husband. 
 
 70, 673. 
 actions could not be brought by one 
 
 against the other at the common law. 
 
 73, 268. 
 conflict of laws as affecting the capacity 
 
 of married women to sue and be sued. 
 
 85, 577, 578. 
 
 ejection by one agafnst the other. 73, 
 
 278. 
 equity, statutes giving her the right to 
 
 sue at law does not devest jurisdiction 
 
 of equity. 73, 273. 
 equity, suits by wife against her husband, 
 
 when must be by trustee or next friend. 
 
 73, 273. 
 equity will enforce promise by husband to 
 
 wife. 73, 272. 
 joinder of husband in actions by wife. 
 
 46, 452, 453. 
 separate suit for maintenance independent 
 
 of suit for divorce. 77, 228-245. 
 statutes creating the right of each to sue 
 
 the other. 73, 274-278. 
 statutes giving a married woman control 
 
 of her property, whether authorized her 
 
 to sue her husband. "73, 279-281. 
 statutes giving married women the right 
 
 to sue, whether authorize them to sue 
 
 their husbands. 73, 275, 276, 279-281. 
 suits after death of one may be main- 
 tained by his representative against the 
 
 survivor. 73, 269, 270. 
 suits between after a divorce. 73, 268, 
 
 269. 
 suits in equity can be maintained by one 
 
 against the other. 73, 271-274. 
 trover or replevin by the one against the 
 
 other. 73, 278. 
 
 VII. Community Property. 
 
 change in law as affecting rights in. 85, 
 
 566. 
 conflict of laws as to rights in. 85, 564- 
 
 566. 
 conveyance of, by husband. 34, 873. 
 gifts of, husband's power to make. 24, 
 
 492, 493. 
 
127 
 
 INDEX-DIGEST TO NOTES. 
 
 Husband and Wife 
 
 Husband and xoife — Continued. 
 homestead in. 21, 28, 29. 
 marriage contract as affecting on rights 
 
 in. 85, 566. 
 marriage outside of state, effect on rights 
 
 in. 85, 565. 
 nonresidence as affecting rights in. 85, 
 
 564, 565. 
 property accumulated during a void mar- 
 riage, division of. 68, 375-379. 
 purchase of husband in ignorance of his 
 
 having a wife, effect on wife's rights. 
 
 34, 871-874. 
 removal to or from a state where the 
 
 common law prevails, effect on rights 
 
 in. 85, 565, 566. 
 succession to community property. 12, 
 
 90. 
 
 VIII. Separation and Maintenance. 
 
 Separation. 
 
 agreements between husband and wife to 
 
 live separate. 83, 860. 
 agreement of separation. 12, 92. 
 agreements of separation, abrogation by 
 
 subsequent cohabitation. 83, 875, 876. 
 agreements of separation, abrogation can- 
 not be without joint consent. 83, 875. 
 agreements of separation, abrogation of, 
 
 effect of. 83, 875-877. 
 agreements of separation, action upon by 
 
 a trustee. 83, 863. 
 agreements of separation are not neces- 
 sarily against public policy. 83, 860, 
 
 861. 
 agreements of separation, avoiding for 
 
 coercion or false representation. 83, 
 
 870. 
 agreements of separation bar husband of 
 
 all rights in his wife's estate after her 
 
 death. 83, 880. 
 agreement of separation bar suits for 
 
 maintenance. 83, 872, 873. 
 agreements of separation bar wife's right 
 
 to support from her husband's estate 
 
 after his death. 83, 880. 
 agreements of separation, cancellation of, . 
 
 when will be decreed. 83, 883. 
 agreements of separation, consideration, 
 
 what sufficient to support. 83, 867, 
 
 868. 
 agreements of separation, dower, release 
 
 of by. 83, 877, 878. 
 agreements of separation, enforcing 
 
 against husband by suit orafction. 83, 
 
 881. 
 agreements of separation, equitable reme- 
 dies for enforcement of. 83, 882, 883. 
 agreements of separation, estoppel against 
 
 enforcing. 83, 872. 
 agreements of separation may pfovide for 
 
 the disposition of property. 83, 869. 
 agreements of separation must be based 
 
 upon some necessity. 83, 866. 
 agreements of separation, reconciliation 
 
 sufficient to abrogate. 83, 875, 876. 
 agreements of separation, suits for di- 
 vorce cannot be maintained after on 
 
 the ground of desertion. 83, 873. 
 agreements of separation, trustee, whether 
 
 must be appointed by. 83, 861-866. 
 
 Separation — Continued. 
 
 agreements of separation, wife as well as 
 
 husband is bound by. 83, 869. 
 contracts between husband and wife can- 
 not change their legal characters and 
 
 capacities. 83, 859. 
 contracts between husband and wife could 
 
 not be made at the common law. 83, 
 
 859, 860. 
 living separate from husband, estoppel of 
 
 married woman arising from. 57, 182- 
 
 185. 
 separation agreements, effect of death 
 
 upon. 83, 878-880. 
 separation agreements, validity of. 83, 
 
 687-871. 
 separation as giving a wife the right to 
 
 establish a separate domicile. 84, 27- 
 
 37. 
 separation, contracts for future are void. 
 
 83, 863, 864, 866. 
 separation, contracts for immediate are 
 
 valid. 83, 864. 
 separation, effect of, on rights in personal 
 
 property. 85, 562. 
 trustee, absence of in agreement for sep- 
 aration. 83, 861-863. 
 
 Separate maintenance. 
 
 abandonment of wife as a ground for. 77, 
 
 234. 
 adultery of husband as a ground for. 77, 
 
 237. 
 allowance to wife, what sufficient to bar 
 
 action for. 77, 245. 
 amount of, sTiould be determined from 
 
 all husband's circumstances. 77, 245. 
 apprehension of ill-treatment by husband, 
 
 when justifies granting of. 77, 236. 
 could be awarded by the ecclesiastical 
 
 courts only in suits for divorce. 77, 
 
 228. 
 cruelty of husband justifies granting of. 
 
 77, 235. 
 defense, misconduct of wife which will 
 
 bar her right to. 77, 243. 
 delay in bringing suit cannot bar right 
 
 of. 77, 244. 
 desertion of wife as a ground for. 77, 
 
 234. 
 divorce, exceptions to the rule that ali- 
 mony may not be awarded after. 77, 
 
 241. 
 divorce of husband and wife terminates 
 
 power of court to award. 77, 240, 241. 
 husband may, in California, maintain suit 
 
 against his wife for. 77, 240. 
 income of wife as a defense to suit for. 
 
 77, 244. 
 insults and other mistreatment not 
 
 amounting to cruelty, whether justify 
 
 granting of. 77, 236. 
 living apart of husband and wife, what 
 
 sufficient to authorize granting of. 77, 
 
 234, 235. 
 maintenance, receivers in suits to enforce. 
 
 72, 67, 68. 
 misconduct of wife sufficient to bar her 
 
 right to. 77, 243. 
 power to award, whether depends on 
 
 statutory authority. 77, 233. 
 
Ice 
 
 INDEX-DIGEST TO NOTES. 
 
 128 
 
 Separate maintenanoe — Continued. 
 
 separate maintenance, independent suits 
 for. 77, 229. 
 
 separate suits for, American decisions sus- 
 taining, though no statutes authorize. 
 77, 230, 231. 
 
 separate suits for, cannot be sustained 
 unless authorized by statute. 77, 229, 
 230. 
 
 separate suits for, may be maintained 
 when the wife has a just cause for liv- 
 ing apart from husband. 77, 232. 
 
 separation from husband without wife's 
 fault justifies the granting of. 77, 234. 
 
 statutes authorizing award of, though 
 there is no suit for divorce. 77, 239.' 
 
 support, agreements for, when void. 83, 
 868. 
 
 threats sufficient to authorize granting of. 
 77, 235, 236. 
 
 IX. Abandonment. 
 
 abandonment of wives by husbands must 
 be permanent to entitle wives to act as 
 if unmarried. 64, 867. 
 
 abandonment of wife by husband who re- 
 mains within the state. 64, 866. 
 
 absence of husband, presumption of death 
 arising from. 64, 868. 
 
 absence of husbands, with Intent to re- 
 turn, eflfect of on power to contract. 
 64, 864, 865. 
 
 banishment of husbands authorizes wives 
 to act as if unmarried. 64, 863. 
 
 deserted by husbands, a>uthority of wives 
 to contract and to sue and be sued. 64, 
 864. 
 
 deserted by husbands, authority of wives 
 to sell property. 64, 862. 
 
 deserted by husbands, wives may claim 
 the proceeds of their own labor. 64, 
 865. 
 
 desertion of husband, conveyances hy wife. 
 64, 869. 
 
 desertion or abandonment by husbands, 
 statutes concerning rights and powers 
 of wives. 64, 870. 
 
 necessaries, power of wife to contract for. 
 64, 862, 863. 
 
 powers of wives resulting from their de- 
 sertion by their husbands. 64, 861-865. 
 
 Alienation of affections — Continued. 
 
 alienation of husband's affections, parent, 
 when not liable for advice and instruc- 
 tions. 46, 477, 478. 
 
 alienation of husband's afflections, plead- 
 ings in action for. 46, 474, 475. 
 
 alienation of husband's affections, what 
 facts will support action for. 46, 475. 
 
 alienation of wife's affections, action for. 
 44, 845-852. 
 
 bar to action for alienating wife's affec- 
 tions. 44, 851, 852. 
 
 bill of particulars in action for alienating 
 wife's affections. 44, 851, 852. 
 
 defenses in action for alienating wife's 
 affections. 44, 847, 848. 
 
 evidence in actions for alienating wife's 
 affections. 44, 848-850. 
 
 evidence, letters as, in suit for alienating 
 affections. 44, 848-850. 
 
 evidence, res gestae in action for alien- 
 ating affections. 44, 848-850. 
 
 good advice to wife as cause of alienating 
 her affections. 44, 850, 851. 
 
 intent to alienate affections. 44, 850, 851. 
 
 malicious interference between husband 
 and wife. 44, 850, 851. 
 
 motive in alienating affections. 44, 850, 
 851. 
 
 wife's right to sue for alienating hus- 
 band's affections. 28, 217, 218; 46, 
 472-478. 
 
 pleading in action for alienating wife's 
 affections. 44, 846, 847. 
 
 Enticing away wife. 
 
 exemplary damages for enticing away 
 wife. 28, 881. 
 
 ICE. 
 
 on navigable waters, riparian owner's 
 
 right to. 19, 235. 
 on rivers and ponds, rights in. 1, 352, 
 
 353. 
 
 IDENTIFICATION. 
 
 description in chattel mortgage must sup- 
 ply means of. 14, 239. 
 
 of persons in wills, by extrinsic evidence. 
 50, 281, 286. 
 
 of trust fimds. 32, 127, 128. 
 
 X. Alienating and Bnticing. 
 
 Alienation of affections. 
 
 action for alienation of wife's affections. 
 44, 845-852. 
 
 alienation of husband's affections, burden 
 of proof in actions for. 46, 476, 477. 
 
 alienation of husband's affections, eases 
 holding that no action can be sustained 
 to recover for. 46, 473. 
 
 alienation of husband's affections, dam- 
 ages recoverable for. 46, 477, 4'78. 
 
 alienation of husband's affections, de- 
 cisions sustaining actions for. 46, 474. 
 
 alienation of husband's affections, declara- 
 tions of husband, when admissible in 
 actions for. 46, 476. 
 
 alienation of husband's affections, evi- 
 dence in actions for. 46, 475. 
 
 IGNORANCE. 
 
 as to boundaries, effect on adverse pos- 
 session. 24, 388-390. 
 
 definition of. 55, 494. 
 
 of corporate directors, when shield from 
 liability. 17, 97, 100. 
 
 of jurors. 1, 561. 
 
 of law no ground for relief. 55, 498. 
 
 of libelous character of publication, effect. 
 15, 338. 
 
 of one's rights as ground for relief. 55, 
 494-520. 
 
 ILLEGITIMATE. 
 
 child, custody of, mother's right to. 2, 
 
 185, 186. 
 children, right of to inherit. 12, 101- 103. 
 See Bastards. 
 
129 
 
 INDEX-DIGEST TO NOTES. 
 
 Indictment 
 
 ILLICIT KELATIONS. 
 
 as being undue influence. 31, 677, 678. 
 
 in seduction. 8, 870, 871. 
 
 undue influence as aflFected by. 21, 100. 
 
 IMMORAL CHARACTEE. 
 disbarment of attorney for. 45, 76. 
 
 IMPEACHMENT. 
 
 of an award. 14, 518. 
 
 of certificates of acknowledgment to deeds. 
 54, 153, 154. 
 
 of nuncupative wills. 67, 574, 575. 
 
 of witnesses by proving want of chastity. 
 53, 479-482. 
 
 of witness, evidence admissible for pur- 
 pose of. 82, 25-68. 
 
 IMPLICATION. 
 
 equitable conversion may take place by. 
 
 5, 143. 
 
 repeal of statutes by. 88, 271-297. 
 
 IMPORTS. 
 
 imported property, where taxable. 62, 
 473. 
 
 IMPOSSIBILITY OF PERFORMANCE. 
 
 of conditions in a contract, effect of. 70, 
 829-837. 
 
 See Contracts. 
 
 IMPOTENCE. 
 
 physical examination in cases involving 
 charges of. 68, 243, 251. 
 
 IMPOUNDING. 
 
 of animals, summary proceedings as to. 
 
 90, 211-220. 
 
 IMPRISONMENT. 
 
 damages for, in action for malicious 
 prosecution. 26, 163. 
 
 for debt, what statutes violate prohibi- 
 tions against. 37, 758-765. 
 
 IMPROVEMENTS. 
 
 by cotenants, compensation for. 52, 935 
 
 941. 
 by cotenant of mines, when allowed for 
 
 91, 878, 879. 
 
 by cotenants. See Tenancy in Common 
 contribution between cotenants for. 35 
 
 417, 420. 
 destruction of, not relieve from liability 
 
 for rent. 61, 567, 568. . 
 new, right of street railway to adopt 
 
 25, 479. 
 on land, parol contract to pay for. 6 
 
 495-497. 
 placed on land under contract to purchase 
 
 which is void under statute of frauds 
 
 6, 495-497. 
 
 which amount to betterments. 81, 165 
 166. 
 
 Index-Digest — 9 
 
 IMPUTED. 
 
 knowledge, of agent to principal. 24, 
 
 230-232. 
 negligence, as applied to children. 49, 
 
 413, 414. 
 parent's negligence not imputed to child. 
 
 14, 590. 
 
 INCEST. 
 between persons nearer related than 
 
 cousins. 21, 796, 797. 
 incestuous marriage is not valid, though 
 
 valid where made. 60, 942. 
 incestuous marriage is void. 79, 380, 381. 
 
 INCOMPATIBILITY. 
 
 of oflSces which a person may not hold at 
 the same time. 86, 578-591. 
 
 INCONSISTENT REMEDIES. 
 
 election between, when irrevocable. 10, 
 487-494. 
 
 INDEMNITY. 
 
 contracts of, whether within statute of 
 frauds. 42, 186-194. 
 
 duty and liability of officers upon receiv- 
 ing a bond of indemnity. 15, 315, 316. 
 
 to sheriffs. 86, 554-558. 
 
 when and how far indemnitors bound by 
 judgments against principals. 22, 204- 
 207. 
 
 INDEPENDENT CONTRACTORS. 
 
 land owner's liability for excavations 
 
 made by. 33, 473, 474. 
 master's liability for acts of. 54, 91. 
 See Master and Servant. 
 
 INDICTMENT. 
 I. Indictment for Particular Crimes. 
 II. Finding Indictment. 
 III. Valid Indictment or Information. 
 IV. Conviction of Crime. 
 
 I. Indictment for Particnlar Crimes. 
 
 for attempt to commit a crime. 20, 746. 
 
 for conspiracy. 3, 480-482. 
 
 for exposing others to contagion. 47, 550. 
 
 for false pretenses. 25, 384-386. 
 
 for kidnaping. 4, 449, 450. 
 
 for murder, sufficiency of. 3, 279-284. 
 
 for obstruction of navigable stream. 57, 
 
 693. 
 for refusal to join posse comitatus. 44, 
 
 137. 
 for vagrancy, sufficiency of. 38, 645. 
 in burglary. 2, 392-396. 
 in larceny. 10, 174, 175. 
 in mayhem. 65, 775. 
 joinder of larceny and burglary in. 2, 
 
 396. 
 of city for maintaining nuisance. 15, 845. 
 
 II. Finding Indictment. 
 
 found by grand jury. 12, 903-905, 909- 
 • 913. 
 
 number of jurors necessary to finding of. 
 12, 904. 
 
Indorsement 
 
 INDEX-DIGEST TO NOTES. 
 
 130 
 
 III. Valid Indictment or Information. 
 
 evidence before grand jury not used to 
 invalidate. 12, 918. 
 
 habeas corpus, indictment, when review- 
 able on. 87, 184-187. 
 
 proceeding by information is due process 
 of law. 20, 555, 556. 
 
 prosecution need not be by indictment. 
 78, 239. 
 
 quashing of, found by grand jury. 12, 
 903. 
 
 valid indictment essential to jeopardy. 
 48, 214. 
 
 IV. ConTlctlon of Crime. 
 
 conviction of higher offense on new trial. 
 4, 119, 120. 
 
 IKDOBSEMENT. 
 
 before delivery, by a stranger, effect of. 
 72, 676-684. 
 
 indorser of accommodation paper, rights 
 and Habilities of. 31, 745-757. 
 
 indorser of checks, effect ot delay in pre- 
 senting for payment. 17, 810, 811. 
 
 of papers for filing. 15, 295-297. 
 
 on deeds, effect of. 31, 27, 28. 
 
 without recourse, duties and liabilities 
 where. 7, 365-367. 
 
 INT ANTS. 
 
 I. Disabilities in General. 
 
 II. Protection. 
 
 III. Property and Conveyances. 
 
 IV. Contracts. 
 V. Torts. 
 
 VI. Actions. 
 
 I. Disabilities In General. 
 
 acts which the law will compel infant to 
 
 do. 18, 641, 642. 
 care exacted of infant is measured by his 
 
 capacity. 14, 592. 
 emancipation of. 18, 637. 
 husband's liability for wife's antenuptial 
 
 debts. 18, 643. 
 infancy as excuse for laches. 2, 806. 
 jurisdiction over, . whether depends on 
 
 residence of parents. 53',. 185. 
 liquors, sale of, to minors. 28, 707. 
 mutual benefit societies, infants cannot 
 
 become members of. 52, 553. 
 negligence in dealing with children. 49, 
 
 406-433. 
 
 II. Protection. 
 
 adoption of. 39, 214, 215. 
 
 sale of intoxicating liquors to. 12, 354. 
 
 III. Property and Conveyances. 
 
 Property and con/oeyanoes of infant. 
 
 assignment for benefit of creditors. 18, 
 
 597. 
 bankruptcy of infant. 18, 598-601. 
 betterments, are liable to make compensa- 
 tion for. 81, 164. 
 conveyances of. 18, 582-586. 
 deeds of conveyance of. 18, 582-586. 
 deeds of infant femes covert. 18. 584-586. 
 
 Property and conveyances of infant — Cont'd. 
 delivery of deeds to. 53, 546. 
 disaffirmance of conveyance by re-entry. 
 
 18, 664. 
 disaffirmance of deed by bringing suit. 
 
 18, 667, 668. 
 disaffirmance of deed by execution of sec- 
 ond deed, mortgage, or lease. 18, 665- 
 
 667. 
 disaffirmance of deeds of infant femes 
 
 covert after reaching full age. 18, 679- 
 
 681. 
 disaffirmance of deeds within reasonable 
 
 time after reaching full age. 18, 675- 
 
 679. 
 disaffirmance of previous deed, where sub- 
 
 ■sequent grantee has notice thereof. 18, 
 
 662. 
 executory contracts to sell real property. 
 
 18, 586, 587. 
 gifts by. 18, 628, 629. 
 marriage settlements on. 18, 593-595. 
 mechanics' liens on lands of. 18, 592, 593. 
 property of, where taxable. 62, 466. 
 ratification of deeds. 18, 713-715. 
 ratification by sale or conveyance of prop- 
 erty purchased. 18, 718, 719. 
 real property, mortgages of. 18, 587-589. 
 real property, purchase and sale of. 18, 
 
 586, 587. 
 receivers of infants' estates. 72, 71. 
 right of children to inherit property. 12, 
 
 96-104. 
 sale of property of, statutes authorizing. 
 
 79, 89, 92. 
 sales of real property. 18, 586, 587. 
 
 rv. Contracts. 
 
 Contracts of infants generally. 
 
 acts which the law will compel infant to 
 
 do. 18, 641, 642. 
 apprenticeship, contract of. 18, 626, 627. 
 arbitration, submission to, liability on. 
 
 18, 619. 
 assignments for benefit of creditors. 18, 
 
 597. 
 assignment of personal property. 18, 595, 
 
 596. 
 bills and notes of. 18, 606-611. 
 bonds made by. 18, 611, 612. 
 chattel mortgages of. 18, 596, 597. 
 compromises of. 18, 618, 619. 
 concealment of age, effect of. 18, 633-637. 
 contracts of. 18, 573-724. 
 contracts entered into pursuant to stat- 
 utes. 18, 638, 639. 
 contract of ward, effect of. 89, 286, 287. 
 contracts under seal of. 18, 612, 613. 
 corporate stock, liability for purchase of. 
 
 18, 615-618. 
 deeds of. 18, 582-586. 
 deeds of infant femes covert. 18, 584-586. 
 delegation of authority by. 18, 629-633. 
 disaffirmance of conveyances. 18, 659-695. 
 employes, infants as. 1, 29, 30. 
 enlistment of, in army and navy. 18, 
 
 639-641. 
 exchange of personal property. 18, 595, 
 
 596. 
 gifts by. 18, 628, 629. 
 insurance, contract of. 18, 615. 
 
131 
 
 INDEX-DISEST TO NOTES. 
 
 Infants 
 
 Contracts of infants generally — Continued. 
 interest, contract for payment of. 18, 
 
 613. 
 leases of. 18, 589-592. 
 loan of money by. 18, 605, 606. 
 misrepresentation as to age, effect of. 
 
 18, 633-637. 
 money, borrowing and loaning by. 18, 
 
 605, 606, 658. 
 mortgages of real property. 18, 587-589. 
 partnership agreements of. 18, 601-605. 
 promissory notes made by. 18, 606-611. 
 purchases of personal property. 18, 597, 
 
 598. 
 purchases of real property. 18, 586, 587. 
 releases of. 18, 618, 619. 
 rent, liability for. 18, 589-592. 
 sales of personal property. 18, 595, 596. 
 sealed contracts of. 18, 612, 613. 
 servant, contract to act as. 18, 619-626. 
 service, contract of. 18, 619-626. 
 shareholder in corporation, liability as. 
 
 18, 615-618. 
 statutory authority for making contract. 
 
 18, 638, 639. 
 statutory regulation of infants' contracts. 
 
 18, 579-582. 
 suretyship, contract of, liability on. 18, 
 
 614, 615. 
 trading contracts. 18, 598-601. 
 voidable contracts. 18, 574-579. 
 void contracts. 18, 574-579. 
 warranties in sales and exchanges of per- 
 sonal property. 18, 596. 
 who may take advantage of infancy. 18, 
 
 695-699. 
 
 Contract of marriage. 
 
 marriage between iniants is voidable. 79, 
 
 374-376. 
 marriage, contracts of. 18, 627, 628. 
 marriage, infancy as a defense to breach 
 
 of promise of. 40, 174. 
 marriage of, effect on contracts. 18, 638. 
 marriage of infant under seven is void. 
 79, 375. 
 
 Contracts for necessaries. 
 
 necessaries, articles for ornament are not. 
 
 18, 651. 
 necessaries, burden of proof as to. 18, 
 
 652, 653. 
 necessaries, express contracts for. 18, 
 
 643-646. 
 necessaries furnished his wife and family. 
 
 18, 658. 
 necessaries, illustrations of what are. 18, 
 
 653-658. 
 necessaries, implied contracts for. 18, 
 
 646, 647. 
 necessaries, liability for. 18, 643-659. ' ' 
 necessaries, liability where infant already 
 
 supplied. 18, 647-650. 
 necessaries, luxurious articles are not. 
 
 18, 651. 
 necessaries, money borrowed for. 18, 658 
 
 659. 
 necessaries, presumption that infant is 
 
 supplied with. 18, 647-660. 
 necessaries procured at instance of infant 
 
 and credit given to him. 18, 647. 
 necessaries, question of, whether of law 
 
 or fact. 18, 652. 
 
 Contracts for necessaries — Continued, 
 
 necessaries, station of infant as determin- 
 ing what are. 18, 651. 
 necessaries, test as to what are. 18, 650- 
 
 652. 
 presumption that infant is supplied with 
 
 necessaries. 18, 647-650. 
 Disaffirmance of contracts. 
 
 consideration, restoring, after disaffirm- 
 ance of contract. 18, 683-694. 
 disaffirmance, act of, whether need be of 
 
 equal solemnity as act disaffirmed. 18, 
 
 663, 664. 
 disaffirmance, acts which amount to. 18, 
 
 664. 
 disaffirmance, adult's right to recover back 
 
 consideration from infant. 18, 686, 
 
 687. 
 disaffirmance as against subsequent bona 
 
 fide purchasers. 18, 661, 662. 
 disaffirmance by plea of infancy. 18, 668. 
 disaffirmance, consequences of. 18, 681- 
 
 694. 
 disaffirmance during minority, of deeds, 
 
 leases and mortgages. 18, 670, 671. 
 disaffirmance during minority, of personal 
 
 contracts. 18, 668-670. 
 disaffirmance, infant's obligation to re- 
 store consideration on. 18, 687-694, 
 disaffirmance, infant's rights on. 18, 682, 
 
 683. 
 disaffirmance, infant's right to recover 
 
 back money paid on. 18, 683-686. 
 disaffirmance is not a, fraudulent act. 18, 
 
 661. 
 disaffirmance is question of intention,- to 
 
 be indicated by soAe positive act. 18, 
 
 662, 063. 
 disaffirmance, notice of. 18, 664. 
 disaffirmance of chattel mortgage by sale 
 
 of property. 18, 664, 665. 
 disaffirmsfiice of contracts. ■ 18, 659-695. 
 disaffirmance of part of transaction. IS, 
 
 659-661. 
 disaffirmance of personal contracts within 
 
 reasonable time after reaching full age. 
 
 18, 671-675. 
 disaffirmance renders contract void ab 
 
 initio. 18, 681, 682. 
 disaffirmance, whether subject to subse- 
 quent avoidance. 18, 694, 695. 
 disaffirmance within reasonable time after 
 
 reaching full age. 18, 61-681. 
 Ratification of contracts. 
 
 action on contract ratified. 18, 701, 702. 
 
 consideration, new, ratification not re- 
 quired. 18, 706. 
 
 consideration, ratification of contract by 
 accepting. 18, 715. 
 
 ratification after suit brought. 18, 702, 
 703. 
 
 ratification by accepting consideration. 
 18, 715. 
 
 ratification by bringing suit. 18, 715. 
 
 ratification by declarations and recitals. 
 18, 713-715. 
 
 ratification by failure to disaffirm within 
 reasonable time after reaching full age. 
 18, 718. 
 
 ratification by retention of property pur- 
 chased. 18, 716-718. 
 
Informer 
 
 INDEX-DIGEST TO NOTES. 
 
 132 
 
 Ratification of contracts — Continued. 
 
 ratification cannot be made until full age. 
 
 18, 703. 
 ratification, how may be made. 18, 706. 
 ratification is question of intention. 18, 
 
 704. 
 ratification must be voluntary. 18, 705. 
 ratification, nature and effect of. 18, 700, 
 
 701. 
 ratification, new consideration not re- 
 quired. 18, 706. 
 ratification of contracts. 18, 699-720; 59, 
 
 639. 
 ratification of executory contract by new 
 
 promise or acknowledgment. 18, 709- 
 
 713. 
 ratification of leases. 18, 713-715. 
 ratification of mortgages. 18, 713-715. 
 ratification of part of transaction. 18, 
 
 703. 
 ratification, what contracts susceptible of. 
 
 18, 699, 700. 
 ratification, whether must be in writing. 
 
 18, 706-709. 
 ratification, whether must be made with 
 
 knowledge of nonliability. 18, 705, 706. 
 ratification, who may make. Iff, 703, 704. 
 
 contributory negligence of infants. 19, 
 
 20-22. 
 infant's liability for torts. 18, 720-724. 
 seduction committed by. 8, 870. 
 torts of infants connected with contracts. 
 
 18, 720-724. 
 
 VI. Actions. 
 
 Actions hy and against infants. 
 
 account stated, liability on. 18, 613, 614. 
 
 action for injury to infant servant. 11, 
 575-577. 
 
 action to recover damages for death of 
 minor. 12, 381, 382. 
 
 breach of promise of marriage, infancy as 
 a defense to action for. 9:0, 174. 
 
 burden of proof as to necessaries. 18, 652, 
 653. 
 
 damages to children for death of parents. 
 12, 382. 
 
 exemplary damages, whether liable for. 
 28, 875. 
 
 judgments against infants, validity of. 
 39, 274-276. 
 
 judgments against unknown infants. 87, 
 368. 
 
 liability for injuries to infant employes. 
 1, 29, 30. 
 
 motion to vacate judgments by. 60, 656. 
 
 negligence of infant as bar to recovery 
 for personal injuries. 14, 590-596. 
 
 presumption that infant is supplied with 
 necessaries. 18, 647-650. 
 
 recovery for negligent injury to. 49, 408- 
 413. 
 
 recovery of consideration by adult on dis- 
 affirmance. 18, 686, 687. 
 
 recovery of consideration by infant on dis- 
 affirmance. 18, 683-686. 
 
 relief from judgments, when infants en- 
 titled to. 54, 253. 
 
 service of process on infants. 61, 492. 
 
 INFORMEB. 
 in qui tarn actions, rights of. 50, 557- 
 560. 
 
 INHERITANCE. 
 
 by adopted children. 39, 223-226. 
 collateral, taxation of. 41, 580-585. 
 injuries to, what are. 14, 630, 631. 
 taxation of. 8, 508. 
 taxation of collateral. 62, 454, 455. 
 tax, validity of. 88, 513-520. 
 
 INJUNCTION. 
 I. Grounds of Relief. 
 II. Subjects of Relief. 
 III. Actions for Injunction. 
 IT. Injunction Bonds. 
 
 I. Grounds of Relief. 
 
 Irreparaile injury, 
 
 irreparable injury defined. 1, 374. 
 irreparable injury, destroying trees. 1, 
 
 377. 
 irreparable injury, destruction of estate 
 
 is. 1, 376. 
 irreparable injury, meaning of. 1, 374, 
 
 375. 
 irreparable injury, not measured by any 
 
 pecuniary standard. 1, 375. 
 irreparable injury, removing minerals 
 
 from mines. 1, 376, 377. 
 irreparable injury, tests of. 1, 375. 
 irreparable injury, what not. 1, 377, 378. 
 
 II. Subjects of Relief. 
 
 Injunctions in civil cases. 
 
 against abuse of process. 86, 409, 410. 
 against acts of municipalities in excess 
 
 of their powers. 36, 449-452. 
 against associations to protect rights of 
 
 members. 59, 199-201. 
 against boards of brokers improperly ex- 
 pelling members. 68, 860. 
 against breach of contract by einployer 
 
 not granted. 90, 651. 
 against breach of contract for personal 
 
 services granted where services are spe- 
 cial, unique, or extraordinary. 90, 648- 
 
 651. 
 against breach of contract for personal 
 
 services not generally granted. 90, 646, 
 
 647. 
 against breach of contract, not granted in 
 
 absence of mutuality in its terms. 90, 
 
 651, 652. 
 against breach of contract, not granted 
 
 where both parties at fault. 90, 646. 
 against breach of contract, not granted 
 
 where liquidated damages are stipulated 
 
 for. 90, 645, 646. 
 against breach of covenant as to building 
 
 restrictions. 90, 641, 642. 
 against breach of covenant as to sale of 
 
 liquors on premises. 90, 642, 643. 
 against breach of covenant as to the use 
 
 of premises. 90, 640, 641. 
 against breach of covenant by landlord 
 
 90, 644. 
 against breach of covenant in lease as to 
 
 use of premises. 90, 643, 644. 
 
133 
 
 INDEX-DIGEST TO NOTES. 
 
 Insane Delusions 
 
 Injunctions in civil cases — Continued. 
 
 against enactment of void ordinance. 36, 
 450. 
 
 against enforcement of judgments. 54, 
 260. 
 
 against invalid prohibition of cemeteries. 
 87, 683. 
 
 against issue of municipal bonds. 2, 98, 
 101. 
 
 against levy of tax. 2, 95. 
 
 against operation of mine by one coten- 
 ant. 91, 869-871. 
 
 against physicians practicing in violation 
 of their contract. 90, 639, 640. 
 
 against prosecution of an action in a 
 foreign state or country. 59, 878-880. 
 
 against prosecution of an action in a, for- 
 eign state or country to avoid the effect 
 of bankruptcy proceedings. 59, 880. 
 
 against prosecution of an action in a for- 
 eign state or country to obtain relief 
 not warranted by the laws of the domi- 
 cile of the parties. 59, ,883. 
 
 against prosecution of an action in an- 
 other state to avoid the effect of an 
 agreement. 59, 882. 
 
 against "prosecution of an action in an- 
 other state to avoid the effect of exemp- 
 tion laws. 59, 883. 
 
 against prosecution of an action in an- 
 other state to avoid the operation of 
 the statutes of limitations. 59, 885. 
 
 against prosecution of an action in an- 
 other state to enforce an illegal con- 
 tract. 59, 883. 
 
 against prosecution of an action in an- 
 other state to interfere with a receiver- 
 ship. 59, 881, 882. 
 
 against purprestures. 69, 276, 279. 
 
 against removal of dead body. 75, 427- 
 429. 
 
 against strikes and strikers. 61, 711. 
 
 against transitory actions brought in an- 
 other state to avoid the effect of local 
 laws. 59, 878-883. 
 
 against transitory actions in another 
 state. 59, 878-885. 
 
 against trustees of religious societies. 68, 
 868. 
 
 against vacating streets. 46, 494. 
 
 against violation of right of privacy. 89, 
 851, 852. 
 
 against violation of right to lateral sup- 
 port. 33, 471, 472. 
 
 corporate privileges, injunction against 
 unlawful exercise of. 35, 674, 675. 
 
 elections, to prevent holding of. 42, 235, 
 236. 
 
 mandatory, to enforce covenant restricting 
 use of land. 21, 500. 
 
 in favor of taxpayers, to prevent misuse 
 of public money or property. 2, 92-105. 
 
 to prevent breach of contract. 90, 634- 
 652. 
 
 to prevent breach of contract granting 
 exclusive privileges. 90, 636, 637. 
 
 to prevent breach of contracts in restraint 
 of trade. 90, 637-640. 
 
 to prevent breach of contract, when al- 
 lowed generally. 90, 634-636. 
 
 to prevent obstruction of navigable 
 streams. 57, 694. 
 
 Injunctions in civil cases — Continued. 
 
 to prevent professional men exercising 
 
 their profession in violation of their 
 
 contract. 90, 640. 
 to prevent punishment for contempt. 22, 
 
 425. 
 to prevent voting of corporate slock at 
 
 elections. 56, 142. 
 to protect value of mortgagee's security. 
 
 43, 432-434. 
 to restrain award of public contract. 50, 
 
 494, 496. 
 to restrain breach of covenant restricting 
 
 use of land. 21, 486. 
 to restrain enticement away of servant. 
 
 11, 478. 
 
 Injunction against crimes. 
 
 consequential injuries to property no 
 
 ground for enjoining crime. 35, 671- 
 
 673. 
 corporate privileges, injunction against 
 
 unlawful exercise of. 35, 674, 675. 
 crimes directly affecting property rights. 
 
 35, 673. 
 defamatory publications, injunction 
 
 against. 35, 675-677. 
 enjoining crimes and criminal prosecu- 
 tions. 35, 670-681. 
 equity enjoining criminal proceedings by 
 
 parties to suits then pending. 35, 680, 
 
 681. 
 equity interfering with criminal proceed- 
 ings. 35, 677. 
 equity interfering with enforcement of 
 
 penal statutes and ordinances. 35, 677- 
 
 680. 
 nuisances, injunction against. 35, 673, 
 
 674. 
 purprestures, injunction against. 35, 673. 
 
 674. 
 
 III. Actions for Injunction. 
 
 inconvenience no ground for refusing. 30, 
 
 557. 
 laches may defeat suit for. 2, 802. 
 parties in suit to enjoin nuisance. 30, 
 
 554, 555. 
 pleading facts to show irreparable injury. 
 
 1, 378, 379. 
 
 IV. Injunction Bonds. 
 
 amount recoverable on appeal bond. 38, 
 
 718. 
 suits on bond, allowance of attorney's fee. 
 
 8, 159-161. 
 
 INNKEEPERS. 
 
 liability of, for baggage. 20, 338, 339. 
 sleeping-car companies are not. 26, 332, 
 333. 
 
 INNUENDO. 
 
 in slander, evidence to support. 53, 698- 
 701. 
 
 INSANE DELUSIONS. 
 
 as affecting wills. 63, 80-100. 
 
 See Wills, 
 as defense to crime. 63, 100-106. 
 definitions of. 63, 81-86. 
 what are, and effect of. 63, 80-108. 
 
Insane Persons 
 
 IXDEX-DIGBST TO NOTES. 
 
 134 
 
 INSANE PERSONS. 
 
 I. Disabilities In General. 
 
 II. Inqnlsition. 
 
 III. Gnardlansbip. 
 
 IV. Property and ConTcynnces. 
 
 V. Contracts. 
 
 VI. Torts. 
 
 VII. Crimes. 
 
 VIII. Actions. 
 
 I. Disabilities In General. 
 
 civil liability of incompetent persona. 
 
 42, 753. 
 insane husband, effect upon autHority of 
 
 wife to contract. 64, 870. 
 witnesses, when competent as. 28, 942- 
 
 944. 
 
 II. Inqialsition. 
 
 commitment of, to asylum. 71, 426, 427. 
 conclusiveness of adjudication. 43, 540. 
 confinement after acquittal of crime on 
 
 ground of insanity. 43, 540, 541. 
 due process of law as applied to insane 
 
 persons. 43, 531-541. 
 evidence in lunacy proceedings. 43, 537, 
 
 538. 
 judicial determination • of insanity. 71, 
 
 426, 427. 
 jury trial, necessity for. 43, 538-540. 
 notice of proceedings, necessity for. 43, 
 
 534-537. 
 remedy for illegal commitment. 43, 540. 
 setting aside inquisition. 43, 537, 538. 
 spiritualism, whether belief in is insanity. 
 
 1, 88. 
 sufficiency of adjudication. 43, 540. 
 
 III. Gnardiansblp. 
 
 guardianship of lunatics. 89, 267. 
 
 IV. Property and Conveyances. 
 
 conveyances by. 71, 430-433. 
 deed of insane persons. 71, 430-433. 
 mortgages executed by. 71, 430. 
 receiver of lunatics' estates. 72, 71, 72. 
 
 V. Contracts. 
 
 chattel mortgage of insane person. 71, 
 430. 
 
 civil liability of incompetent persons. 42, 
 753. 
 
 contracts entered into during lucid inter- 
 vals. 71, 429, 430. 
 
 contracts for necessaries. 71, 427. 
 
 contracts made without notice of lunacy. 
 71, 427-429. 
 
 contracts of insane persons. 71, 425-433. 
 
 insurance policy, suicide while insane as 
 a defense to. 84, 544-549. 
 
 marriage of insane person, whether void. 
 79, 376, 377. 
 
 VI. Torts. 
 
 cruelty, insane spouse cannot be guilty of. 
 
 65, 82. 
 libel, insanity as a defense in. 42, 754, 
 •755. 
 
 Insane persons — Continued. 
 
 lunatic's liability for torts. 42, 753, 754. 
 slander, insanity as a defense in. 42, 754, 
 755. 
 
 VII. Crimes. 
 
 insanity as a defense for crinde. 76, 83- 
 97. 
 
 VIII. Actions. 
 
 exemplary damages, not liable for. 28, 
 875. 
 
 motions by, to vacate judgments. 60, 656. 
 
 relief from judgments, when insane per- 
 son entitled to. 54, 253. 
 
 service of process upon lunatics. 61, 492. 
 
 INSOLVENCY. 
 I. In General. 
 II. Discharge of Insolvent. 
 
 I. In General. 
 
 Insolvency in general. 
 
 as element of fraud in conveyances from 
 husband to wife. 90, 503-505. 
 
 as ground for appointment of receiver. 
 72, 72. 
 
 as ground for forfeiture of corporate fran- 
 chise. 8, 190, 191. 
 
 effect of, of forwarding bank, as to right 
 of correspondent bank to hold paper re- 
 ceived for collection, or its proceeds, as 
 against the owner. 14, 583-586. 
 
 insolvency as affecting right of setoff. 47, 
 578-595. 
 
 insolvency as ground for equitable setoff. 
 47, 579, 580. 
 
 insolvent corporations. See Corporations. 
 
 of bank, recover of deposits upon. 86, 
 795-807. 
 
 of building and loan associations. See 
 Building and Loan Associations. 
 
 of fraudulent grantor not essential. 14, 
 748. 
 
 of principal as affecting right of cosurety 
 to contribution. 10, 641. 
 
 preferences by corporations. 57, 76, 77, 
 80. 
 
 preferences by insolvent corporation. 42, 
 767-771. 
 
 See Corporations. 
 
 setoff, depositor's right of, after bank be- 
 comes insolvent. 47, 142-144. 
 
 II. Discharge of Insolvent. 
 
 Discharge of insolvent. 
 
 decree, whether void as against nonresi- 
 dent creditors who is not a party. 12, 
 212. 
 
 decree, grounds upon which deemed void. 
 15, 212-215. 
 
 discharge by, effect of on obligations held 
 by nonresidents. 70, 256, 258. 
 
 effect of decree discharging insolvent 
 against nonresident creditors. 15, 212- 
 221. 
 
 effect of discharge against nonresidents. 
 62, 232-234. 
 
 estoppel of nonresident creditors to im- 
 peach decree. 15, 216-221. 
 
135 
 
 INDEX-DIGEST TO NOTES. 
 
 Insurance 
 
 Discharge of insolvent — Continued. 
 
 foreign corporations, whether bound by 
 
 discharge granted under. 70, 256, 257. 
 nonresident creditors accepting dividend 
 
 as waiving right to impeach decree. 15, 
 
 215-221. 
 
 INSPECTION. 
 
 books and papers, what are subject to in- 
 spection of. 41, 392-394. 
 
 INSTRUCTIONS. 
 
 as to reasonable doubt. 48, 568-573. 
 
 by court, when invade province' of jury. 
 
 14, 36-48. 
 in false pretenses. 25, 391, 392. 
 in libel prosecution. 13, 626, 627. 
 
 INSXJEANCB. 
 I. Insurance Companies. 
 11. Insurance Agents. 
 111. Insurable Interest. 
 IV. Contract of Insurance. 
 
 V. Premium. 
 VI. Assignment of Policy. 
 VII. Misrepresentation in Application. 
 Vlll. Forfeiture of Policy for Breach of 
 Condition Subsequent. 
 IX. Waiver of Forfeiture. 
 
 X. Causes of Loss. 
 XI. Sxtent of liOss and Liability of 
 Insurer. 
 XII. Proof of liOsa. 
 XIII. Riglit to Proceeds. 
 Xrv. Subrogation. 
 
 XV. Actions. 
 XVI. Reinsurance. 
 XVll. Mutual Benefit Insurance. 
 
 I. Insurance Companies. 
 
 combinations relating to insurance. 74, 
 259, 260. 
 
 foreign receivers appointed under insur- 
 ance laws. 8, 53. 
 
 mutual, general features of. 52, 552. 
 
 II. Insurance Agents. 
 
 company bound by acts of agent. 9, 162, 
 163. 
 
 delegation of authority by agents. 50, 
 117. 
 
 misrepresentation by directors as to com- 
 pany's condition, liability to insured for. 
 85, 391. 
 
 when agent acting within his authority. 
 12, 403. 
 
 III. Insurable Interest. 
 
 assignment of life insurance to one 
 who has no, validity. 16, 906-908. 
 
 in beneficiary of mutual benefit associa- 
 tion. 19, 791. 
 
 insurable interest of railroa'd company in 
 property along its road. 42, 538. 
 
 whether essential to assignee of life in- 
 surance • policy. 87, 506-509, 517, 518. 
 
 IV. Conti*act of Insurance. 
 
 application for, acceptance completes the 
 
 contract. 69, 152. 
 completion of contract, what essential to. 
 
 69, 143-149. 
 completion of contract, when effected by 
 
 correspondence. 69, 152, 153. 
 delivery of policy by mail, when takes ef- 
 fect. 69, 153. 
 infant's contract of. 18, 615. 
 mail, contract effected by, when com- 
 plete. 69, 153. 
 offer to insure communicated by post 
 
 may be accepted at any time before its 
 
 withdrawal. 69, 153. 
 parol, agent's power of to make. 69, 145, 
 
 146. 
 parol change of contract. 56, 666. 
 parol contract of, is valid. 69, 143, 144. 
 place of contract. 55, 52. 
 policy, delivery of, condition that it shall 
 
 not take effect until. 69, 147, 148. 
 policy, delivery of, what sufficient. 69, 
 
 146-149. 
 premium, stipulations that insurance 
 
 shall not be complete until payment, 
 
 waiver of. 69, 150. 
 premium, waiver of payment, what is. 
 
 69, 150. 
 renewal, contract of, when complete. 69, 
 
 151, 152. 
 reformation of insurance policy. 65, 514- 
 
 517. 
 
 V. Premium. 
 
 premium, tender of has the same effect 
 as payment. 69, 150. 
 
 VI. Assignment of Policy. 
 
 Assignment of Ufe insurance policy. 
 
 amount recoverable from insurer by cred- 
 itor who is assignee. 87, 511. 
 
 assent of assignee is essential. 87, 491. 
 
 assent of insurer, effect of. 87, 495, 496. 
 
 assent of insurer necessary if required by 
 the policy. 87, 496, 497. 
 
 assignee's interest, when policy is assigned 
 as security. 87, 510, 511. 
 
 a,ssignee's right to sue in his own name. 
 87, 510. 
 
 assignment apparently absolute may be 
 shown to be for security. 87, 511. 
 
 assignment of life insurance for benefit 
 of wife or children, when a fraud on 
 creditors. 29, 364, 365. 
 
 assignment of life insurance policies. 87, 
 484-519. 
 
 assignment of life insurance, when fraud- 
 ulent as to creditors. 29, 360-366. 
 
 beneficiary, assignment by. 87, 497-500. 
 
 beneficiary, assignment by, where policy 
 is payable to second beneficiary on death 
 of first. 87, 500, 501. 
 
 certificate of membership in mutual bene- 
 fit society, assignability of. 87, 514, 
 515. 
 
 certificate of membership in mutual bene- 
 fit societies, requisites to assignment of. 
 87, 515, 516. 
 
Insurance 
 
 INDEX-DIGEST TO NOTES. 
 
 136 
 
 Assignment of life insurance policy — Cont'd. 
 
 certificate of membership in mutual bene- 
 fit society, whether one outside desig- 
 nated class of beneficiaries may be as- 
 signee of. 87, 518, 519. 
 
 certificate of membership in mutual bene- 
 fit society, who may assign. 87, 516, 
 517. 
 
 certificate of membership in mutual bene- 
 fit society, who may be assignee of. 87, 
 517, 518. 
 
 conflict of laws as regards effect of as- 
 signment. 87, 513, 514. 
 
 consideration necessary. 87, 491. 
 
 creditor may be assignee of life insurance 
 policy. 87, 510. 
 
 delivery of instrument, necessity of. 87, 
 491, 492. 
 
 delivery of instrument, sufficiency of. 87, 
 492-494. 
 
 effect of assignment of certificates of mem- 
 bership in mutual benefit societies. 87, 
 519. 
 
 effect of assignment of life insurance pol- 
 icy. 87, 510-514. 
 
 endowment policies, who may assign.. 87, 
 501, 502. 
 
 fraud of creditors, policy not be assigned 
 in. 87, 488-490. 
 
 insurable interest, assignee need not have, 
 after death of insured. 87, 509. 
 
 insurable interest, whether essential to 
 entitle one to be assignee of life insur- 
 ance policy. 87, 506-509. 
 
 insured, assignment by. 87, 502, 503. 
 
 insured, assignment by, where policy is 
 payable to him or his personal repre- 
 sentatives. 87, 602. 
 
 insured, assignment by, where policy is 
 payable to his heirs. 87, 503. 
 
 insured, assignment by, where right to 
 change beneficiary is reserved by policy. 
 87, 502. 
 
 insured, when cannot assign as against 
 beneficiary. 87, 497-500. 
 
 invalid assignment, assignee of, may re- 
 cover any premiums paid. 87, 513. 
 
 invalid assignment does not avoid the pol- 
 icy. 87, 512, 513. 
 
 life insurance policy may be assigned. 
 87, 486, 487. 
 
 married woman, assignment or pledge by, 
 to secure debt of husband. 87, 503, 
 504. 
 
 mode of assignment prescribed by policy 
 should be followed. 87, 497. 
 
 notice to and assent of insurer, usually 
 not necessary. 87, 495. 
 
 notice to insurer, effect of, as between 
 prior and subsequent assignees. 87, 
 495. 
 
 oral assignment may be mad'j. 87, 490, 
 491. 
 
 part of proceeds of policy may be assigned. 
 87, 487, 488. 
 
 payment of premiums after assignment, 
 by whom made. 87, 512. 
 
 prohibited by policy, assignment may be. 
 87, 487. 
 
 procured by fraud or duress, assignment 
 may be set aside. 87, 490. 
 
 Assignment of life insurance policy — Cont'd. 
 
 requisites of assignment. 87, 490-497. 
 
 title of assignor vests in assignee. 87, 
 510. 
 
 title to proceeds in hands of creditor. 87, 
 511, 512. 
 
 to wife or child in fraud of creditors, ef- 
 fect of. 87, 489, 490. 
 
 validity of. 87, 486-490. 
 
 validity of assignment of life insurance 
 to one who has no insurable interest in 
 life of insured. 16, 906-908. 
 
 who may assign a policy. 87, 497-506. 
 
 who may be assignee of policy. 87, 506- 
 510. 
 
 wife, assignment by, of policy on hus- 
 band's life. 87, 504-506. 
 
 wife cannot generally assign a policy on 
 husband's life. 87, 504, 505. 
 
 wife may assign policy on husband's life 
 under statute. 87, 506. 
 
 wife may assign policy under acts enabl- 
 ing married women to assign property. 
 87, 505, 506. 
 
 VII. Misrepresentation in Application. 
 
 False statements of insured. 
 
 concealment of facts. 11, 58. 
 
 estoppel of insurer regarding false an- 
 swers. 9, 232, 233. 
 
 false answers in application. 9, 229-233. 
 
 false answers when company may escape 
 liability on. 9, 229-232. 
 
 forfeiture of life insurance policy for mis- 
 representation. 3, 637. 
 
 ignorance of insured as to contents of ap- 
 plication. 9, 232. 
 
 misstatements as to value of property 
 must be dishonest to avoid policy. 12, 
 403, 404. 
 
 Warranty of good health. 
 
 dyspepsia does not constitute breach of 
 
 warranty of sound health. ID, 243. 
 good health, what is. 10, 242-245. 
 invalidity of life insurance policy owing 
 
 to disease of applicant. 3, 634-637. 
 sound health, defiiiition of. 10, 244. 
 sound health does not mean absolute 
 
 freedom from disorder. 10, 242. 
 sound health, persons subject to gout 
 
 as being in. 10, 243. 
 warranty of good health when not broken. 
 
 10, 243, 244. 
 
 VIII. Forfeiture of Policy for Breacb of 
 Condition Snbseqnent. 
 
 Forfeiture of fire insurance for breach of con- 
 ditions. 
 
 fire, alterations in insured premises which 
 
 will avoid policy. 66, 699, 700. 
 breach of condition by mortgagor, effect 
 
 upon mortgagee. 58, 668. 
 conditions, against mortgaging of property, 
 
 cases holding that their violations makes 
 
 the insurance irrevocally void. 80. 305, 
 
 306. 
 conditions against other insurance. 11, 
 
 58 
 hazardous articles, keeping of suspends the 
 
 policy if it does not make it void. 80, 
 
 307. 
 
137 
 
 INDEX-DIGEST TO NOTES. 
 
 Insurance 
 
 Forfeiture of fire insurance for breach of con- 
 dition s — Continued. 
 
 increase of hazard implies something of 
 duration. 66, 692. 
 
 increase of risk, burden of proof respect- 
 ing. 66, 697. 
 
 increase of risk by additions to, or altera- 
 tions of, the insured property. 66, 699, 
 700. 
 
 increase of risk by change in use. 66, 
 698. 
 
 increase of risk, by changes in machinery. 
 66, 698. 
 
 increase of risk by change in the location 
 of the insured property. 66, 702. 
 
 increase of risk by ineiunbering property. 
 66, 701. 
 
 increase of risk by the use of the adjacent 
 premises. 66, 696. 
 
 increase of risk by tenant. 66, 695, 696. 
 
 increase of risk by using naphtlaa to burn 
 off paint. 66, 699. 
 
 increase of risk due to wrongful acts of 
 third persons. 66, 695. 
 
 increase of risk, instances of by the using 
 of machinery. 66, 698, 699. 
 
 increase of risk need not cause loss. 66. 
 693-695. 
 
 increase of risk not due to an act of the 
 assured. 66, 695. 
 
 increase of risk, vacancy of the premises 
 is presumed to be. 66, 700. 
 
 increase of risk, what is, is a question for 
 the jury. 66, 697. 
 
 increase of risk, whether suspends without 
 annulling policy. 66, 693, 694. 
 
 loss payable to mortgagee, breach of con- 
 ditions which will not defeat recovery 
 by. 58, 668-670. 
 
 loss payable to mortgagee, subsequent acts 
 of the assured, effect of upon the mort- 
 gagee. 58, 671. 
 
 mortgage slip or clause, breach of condi- 
 tions which do not affect the interest 
 of the mortgagee under 58. 672, 673. 
 
 mortgage slip or clause, nature or object 
 of. 58, 667. 
 
 relief from forfeiture in equity. 86, 61, 
 62. 
 
 risk, implied promise that the insured will 
 not increase. 66, 691. 
 
 tempornry increase of hazard does not af- 
 fect the policy. 66, 692. 
 
 use of the insured property, change in. 
 66, 698. 
 
 use of the insured property, temporary 
 changes in. 66, 699. 
 
 vacant and unoccupied buildings, signifi- 
 cance of such expressions in insurance 
 policies. 10, 390-396. 
 
 Discontinuance of cause of forfeiture. 
 
 conditions against alienations, effect of 
 reconveyance of property after a breach 
 of. 80, 310. 
 
 conditions against other insurance, breach 
 of, terminating before loss. 80, 309, 
 310. 
 
 conditions against use of premises, aban- 
 donment of, breach of revives the pol- 
 icy. 80, 306-308. 
 
 Discontinuance of cause of forfeiture — Gonfd. 
 
 conditions against vacancy of insured 
 premises, discontinuance of breach be- 
 fore loss. 80, 310. 
 
 discontinuance of cause of forfeiture sus- 
 pends policy. 80, 305-310. 
 
 revivor of insurance after suspension be- 
 cause of a violation of a condition in 
 the policy. 80, 305-310. 
 
 Suicide as avoiding life insurance. 
 
 conditions against death in violation of 
 law, whether includes suicide. 84, 543, 
 544. 
 
 excessive dose of medicine, death from, not 
 
 avoid policyj 84, 543. 
 ■natural death, presumption of, evidence 
 to overcome. 84, 541. 
 
 negligence of insured causing death, ef- 
 fect of. 84, 542, 543. 
 
 self-destruction accidental, what is. 84, 
 542, 543. 
 
 self-destruction as defense to life insur- 
 ance. 84, 539-555. 
 
 suicide, act of, whether must be voluntary 
 to constitute a defense. 84, 546. 
 
 suicide as a defense to life insurance. 
 84, 539-555. 
 
 suicide as a defense, effect of incontestable 
 clause in policy on. 84, 554, 555. 
 
 suicide, burden of proof as to. 84, 540, 
 541. 
 
 suicide, burden of proving insanity in 
 cases of. 84, 549, 550. 
 
 suicide, conflict of laws regarding the de- 
 fense of. 84, 555. 
 
 suicide, effect where no clause against in 
 the policy. 84, 541, 542. 
 
 suicide, insanity as affecting defense ef. 
 84, 546-549. 
 
 suicide, intent to commit, when taking 
 out policy, effect of. 84, 555. 
 
 suicide, presumption against. 84, 539, 
 540. 
 
 suicide, presumption of sanity in cases 
 of. 84, 549, 550. 
 
 suicide, sane or insane, effect of total in- 
 sanity as affecting defense. 84, 553. 
 
 suicide, sane or insane, generally a com- 
 plete defense. 84, 550-553. 
 
 suicide, sufficient insanity to defeat de- 
 fense of. 84, 546-549. 
 
 suicide while insane, effect where no ex- 
 press clause against in the policy. 84, 
 546-549. 
 
 suicide while sane avoids policy. 84, 544. 
 
 suicide while sane, degree of sanity re- 
 quired to avoid policy. 84, 544-546. 
 
 IX. 'Waiver of Forfeiture. 
 
 stipulations against waiver. 9, 235. 
 waiver of conditions in the policy. 0, 
 163; 11, .57. 
 
 waiver of forfeiture after loss has oc- 
 curred. 9, 236-238. 
 
 waiver of forfeiture by requiring further 
 proof of loss. 9, 236-238. 
 
 waiver of forfeiture of life insurance pol- 
 icy. 3, 637. 
 
 waiver of provisions in policy. 9, 234- 
 238. 
 
Insurance 
 
 INDEX-DIGEST TO NOTES. 
 
 138 
 
 Insurance — Continued. 
 
 waiver of provision requiring all waivers 
 
 to be in writing. 9, 235. 
 who may make waiver. 9, 235. 
 
 X. Causes of Los^. 
 
 Death caused ty accident. 
 
 burden of proof as to cause of death. 
 
 50, 44. 
 burden of proof respecting the exceptions 
 
 contained in the policy. 50, 441. 
 death by being waylaid and killed by 
 
 robbers. 8, 765. 
 death by disease from known cause. 8, 
 
 764. 
 death by drowning. 8, 766. 
 death by falling from bridge. 8 765. 
 death by hanging one's self while insane. 
 
 8, 766. 
 death by rupture caused by violent ex- 
 ercise. 8, 764. 
 death by self-inflicted injuries. 8, 765. 
 death by stepping oS railway car. 8, 
 
 765. 
 death by sunstroke, 8, 764. 
 death by taking poison by mistake. 8, 
 
 765. 
 death by unintentional act of insured. 8, 
 
 765. 
 death is never presumed to have been self- 
 inflicted. 50, 441. 
 evidence of cause of death. 50, 441-443. 
 fright causing death. 8, 765. 
 jumping and running causing death. 8, 
 
 764, 765. 
 presumption against suicide. 8, 766. 
 presumption as to cause of death. 50, 
 
 442. 
 presumption that death was the result of. 
 
 50, 441. 
 suicide, presumption is against. 50, 442. 
 suicide, when insane. 50, 442. 
 - what is death by accident. S, 763-766. 
 Death caused by taking poison. 
 
 poison, accidental taking of. 52, 363. 
 poison, meaning of this word when used 
 
 in policies of. 52, 362. 
 poison, taken by mistake. 52, 364. 
 poison, taking of, when is an accident. 
 
 52, 363. 
 
 Death caus6d iy violation of lam. 
 
 death from assault brought on by the un- 
 lawful act of the insured. 60, 163. 
 death from being shot while engaged in 
 
 the commission of a crime. 60, 163, 164. 
 death from known violation of the law, 
 
 what is. 60, 160. 
 death in known violation of law. 60, 
 
 160-165. 
 death suffered from submitting to an 
 
 operation. 60, 163. 
 death suffered while violating the law, 
 
 when does not release the insurer. 60, 
 
 160, 161. 
 death while engaged in a known violation 
 
 of the law does not include death by 
 
 suicide. 60, 164. 
 death while violating the civil law. 60, 
 
 160, 161. 
 suicide, whether a violation of law within 
 
 the meaning of policies of. 60, 164. 
 
 Death caused hy voluntary exposure. 
 
 voluntary exposure to danger. 12, 273, 
 274. 
 
 voluntary exposure to unknown danger. 
 12, 272. 
 
 voluntary exposure to unnecessary dan- 
 ger. 12, 272. 
 
 what is death by voluntary exposure to 
 unnecessary danger, hazard or perilous 
 adventure. 12, 272-274. 
 
 Proximate cause of injury. 
 
 proximate cause of injury. 36, 852-861. 
 
 XI. ISxtent of liOSS and liiabllity of In- 
 surer. 
 
 Total loss. 
 
 total loss, meaning of. 59, 812. 
 
 total loss occurs when a building is so 
 
 injured that it must be torn down. 59, 
 
 811. 
 total loss or entire destruction, te.=ts of. 
 
 59, 811. 
 total loss, where building cannot be made 
 
 safe by repairs. 59, 813. 
 "wholly destroyed" and "total loss" mean 
 
 the same. 59, 811. 
 
 Liability for loss. 
 
 accident insurance, what losses recoverable 
 
 in. 36, 859-861. 
 arbitration of questions of loss; 2, 569, 
 
 570. 
 fire insurance, what losses recoverable 
 
 in. 36, 859-861. 
 insurable interest, assignment of policy 
 
 to one who has no. 16, 906-908. 
 loss by fire, what included in. 23, 915- 
 
 917. 
 marine insurance, what losses recoverable 
 
 in. 36, 853-857. 
 
 XII. Proof Of Loss. 
 
 certificate of magistrate as to amount of 
 loss, necessity for. 23, 258-263. 
 
 conditions requiring certificate of magis- 
 trate. 23, 258, 259. 
 
 magistrate required to certify to loss. 
 23, 260. 
 
 proofs of loss. 11, 72. 
 
 proof of loss, waiver of forfeiture By re- 
 quiring further. 9, 236-238. 
 
 waiver of magistrate's certificate of loss. 
 23, 262. 
 
 XIII. Rtglit to Proceeds.. 
 
 children, right to insurance. 44, 406-409. 
 divorced wife, right to insurance. 44, 
 
 409. 
 effect of death, generally. 11, 723, 724. 
 heirs of beneficiary, interest of, on death 
 
 of beneficiary. 11, 722. 
 heirs, who are, in insurance policies. 44, 
 
 404-406. 
 insurance no part of estate of assured. 
 
 44, 409. 
 insurance of exempt property, proceeds of, 
 
 whether exempt. 66, 385, 386. 
 life insurance, payable to heirs. 44, 404- 
 
 400. 
 life insurance, when a fraud on creditors. 
 
 29, 360-366. 
 
139 
 
 INDEX-DIGEST TO NOTES. 
 
 Insurance 
 
 Insurance — Continued. 
 
 result of death of a beneficiary before 
 death of person insured. 11," 721-724. 
 widow, right to insurance. 44, 406-409. 
 
 XIV. Snbrosittlon. 
 
 bills of lading defeating insurer's right 
 
 to subrogation. 44, 734-736. 
 carriers, subrogation of insurer to rights 
 
 of. 44, 734-736. 
 definition of subrogation. 44, 731-732. 
 insurer's right to subrogation. 44, 731- 
 
 739. 
 mode of exercising right to. 44, 738, 739. 
 mortgagee, subrogation of insurer to 
 
 rights of. 44, 733, 734. 
 mortgagor, subrogation of insurer to 
 
 rights of. 44, 733, 734. 
 parties plaintiff in suit to enforce right 
 
 to subrogation. 44, 738, 739. 
 payment necessary before subrogation. 
 
 44, 736-738. 
 release by insured not destroy right to. 
 
 44, 736-738. 
 right to subrogation, generally. 44, 732, 
 
 733. 
 
 XV. Actions. 
 
 amendments to pleadings in. 51, 425, 
 426. 
 
 attorneys' fees against insurance com- 
 panies, statutes allowing. 79, 180. 
 
 set off in favor of and against insurance 
 companies. 47, 589, 590. 
 
 suicide as a defense to life insurance. 84, 
 539-555. 
 
 time within which action must be brought. 
 26, 875, 876; 28, 583. 
 
 XVT. Reinsurance. 
 
 Reinsurance. 
 
 action by the original insurer may be 
 brought before he has paid his liability. 
 45, 448. 
 
 contract of, to the whole extent of the 
 insurer's liability, is valid. 45, 442. 
 
 customs respecting. 45, 442, 444. 
 
 defenses to actions upon. 45, 448. 
 
 definition of. 45, 442. 
 
 effect of contract of. 45, 442. 
 
 how differs from reinstatement. 52, 577. 
 
 judgment against the original insurer, ef- 
 fect upon the reinsurer. 45, 446, 447. 
 
 liability of insurer under. 45, 445. 
 
 liability of reinsurer. 45, 445. 
 
 privity of interest between insurer and 
 reinsurer. 45, 443. 
 
 proof affecting contract of. 45, 444. 
 
 risk of, when begins. 45, 445. 
 
 statute of frauds, contract of is not with- 
 in. 45, 444. 
 
 XVII. Mntnal Benefit Insurance. 
 
 Mutual benefit associations. 
 
 actions against in case of death. 52, 577. 
 
 are insurance companies. 19, 781-783. 
 
 assessments, default in not paying cannot 
 exist until after notice thereof. 52, 
 573, 574. 
 
 assessments, extension of time for pay- 
 ment. 52, 575. 
 
 Mutual benefit associations — Continued. 
 
 assessments, illegal, no rights lost by 
 
 note paying. 52, 573. 
 assessments, notice of and its sufficiency. 
 
 52, 574. 
 assignment of certificates of membership 
 
 in mutual benefit societies. 87, 514- 
 
 519. 
 beneficiaries, ' assignments by. 52, 565, 
 
 566. 
 beneficiaries, change of, when permitted 
 
 and how to be effected. 52, 561, 564. 
 beneficiaries, creditors may be. 52, 560, 
 
 572. 
 beneficiaries, designation, change, and 
 
 rights of. 19, 786-790. 
 beneficiaries, divorced wife is not entitled 
 
 to rights of. 52, 571. 
 beneficiaries, executors, administrators, 
 
 interest of. 52, 572. 
 beneficiaries, heirs, when are. 52, 571. 
 beneficiaries, legal representatives, who 
 
 are. 52, 561. 
 beneficiaries, mothers as. 52, 571. 
 beneficiaries, relatives who are included 
 
 within rights of. 52, 572. 
 beneficiaries, sisters as. 52, 572. 
 beneficiaries, vested interest, when have 
 
 any. 52, 565. 
 beneficiaries, who may be. 19, 786-788; 
 
 52, 559, 560, 569. 
 by-laws, change in. 52, 556. 
 by-laws providing for forfeiture by reason 
 
 of suicide. 84, 553, 554. 
 by-laws subsequently passed providing for 
 
 forfeiture because of suicide, effect of. 
 
 84, 553, 564. 
 by-laws, who may adopt. 52, 556, 557. 
 certificates of membership, nature of. 87, 
 
 514. 
 changes in by-laws of benefit societies, 
 
 effect of, against pre-existing members. 
 
 83, 706-720. 
 constitution and by-laws of, conflict be- 
 tween. 52, 558. 
 constitution of, power to change. 52, 558. 
 damages recoverable in case of death. 52, 
 
 518. 
 death, proofs of, how to be made. 52, 564. 
 expulsion of members. 52, 576, 577. 
 forfeiture is not favored. 52, 574, 575. 
 membership, arbitration, whether resort 
 
 to may be compelled. 52, 546. 
 membership, assessments, estoppel against 
 
 resisting. 52, 551. 
 membership, contract of, by what law to 
 
 be construed. 52, 545. 
 membership, courts, resort to, whether 
 
 may be denied by agreement. 52, 546. 
 membership, estoppel against persons pro- 
 curing. 52, 550, 551. 
 membership, estoppel to insist upon a 
 
 forfeiture. 52, 549, 550. 
 membership, incorporation is not essential 
 
 to an association. 52, 548. 
 membership, principles governing. 52, 
 
 543. 
 membership, relations between and its 
 
 members. 52, 543. 
 membership, statutes respecting insurance 
 
 corporations are not applicable to. 52, 
 
 546. 
 
Intemjperance 
 
 INDEX-DIGBST TO NOTES. 
 
 140 
 
 Mutual benefit associations — Continued. 
 
 minors cannot become members of. 52, 
 
 553. 
 mutual benefit associations, certificates of 
 
 membership, by-law? and rules of order 
 
 are a part of. 52, 555. 
 officers and agents, powers of. 52, 559. 
 posthumous child, when will share in the 
 
 benefit of insurance. 52, 555. 
 reinstatement, diflferenee between and re- 
 insurance. 52, 577. 
 reinstatement, right of members to. 52, 
 
 577. 
 
 See Associations, 
 suicide, by-laws refusing payment when 
 
 death is caused by. 52, 577. 
 waivers of breaches of conditions. 52, 
 
 554. 
 what is a. 52, 552. 
 
 INTEMPERANCE. 
 
 as a defense to an action for breach <5f 
 promise. 40, 175. 
 
 INTENT. 
 
 Intent. 
 
 as to alteration of written instruments. 
 86, 114-116. 
 
 disaffirmance of contract by infant a ques- 
 tion of. 18, 662, 663. 
 
 dying declarations cannot generally show. 
 86, 652-654. 
 
 essential to crime of mayhem. 6.5, 774. 
 
 evidence of, right of party to testify. 
 21, 314-319. 
 
 fraudulent, in embezzlement. 87, 26-29. 
 
 in attempt to commit crime is essential. 
 20, 741. 
 
 in burglary. 2, 391, 392. 
 
 in burglary, evidence of. 2, 396, 397. 
 
 in burglary, indictment must aver. 2, 
 393. 
 
 in diverting water. 60, 802. 
 
 in larcency. 88, 600-608. 
 
 in making covenant restricting use of 
 land. 21, 499. 
 
 in publishing libel. 15, 339. 
 
 in trover, when material. 24, 804. 
 
 in using words in deeds. 31, 26, 27. 
 
 of buyer and seller, in sales for an il- 
 legal purpose. 32, 452-454. 
 
 of fraudulent grantee immaterial. 14, 
 748. 
 
 of grantor in fraudulent conveyance. 14, 
 747. 
 
 of husband to defraud creditors by making 
 conveyance to wife. 90, 506-508. 
 
 of law makeis in enacting statute. 12, 
 827. 
 
 of parties in determining place of con- 
 tract. 55, 46. 
 
 of parties in sales for future delivery. 
 1, 760-762. 
 
 of testator, controls construction of wills. 
 48, 197. 
 
 of testator shown by extrinsic evidence. 
 50, 281. 
 
 ratification of infant's contract a question 
 of. 18, 704. 
 
 that false representation should be com- 
 municated to another. 18, 562. 
 
 Intent — Continued. 
 
 to alienate wife's affections. 44, 850, 
 
 851. 
 to change residence not alone effective. 
 
 48, 714. 
 to deceive in false representation. 18, 
 
 561. 
 to declare a voluntary trust. 34, 202- 
 
 210. 
 to dedicate highway, evidence of. 57, 
 
 756. 
 to defraud in false pretenses. 25, 380. 
 to deliver deed on part of maker is es- 
 sential. 53, 538-544. 
 to evict a tenant, when inferred." 38, 486- 
 
 490. 
 to hinder, delay, or defraud creditors 
 
 renders assignment void. 68, 84. 
 to make a will. 89, 488, 489. 
 to repair wrong done in false pretenses, 
 
 effect of. 25, 383. 
 to revoke will. 28, 345, 346. 
 when material to epnstitute usury. 46, 
 
 179, 180. 
 
 INTEREST. 
 
 Interest. 
 
 agreement for higher rate after default. 
 
 91, 584-589. 
 agreement for higher rate after default, 
 
 whether usurious. 91, 588, 589. 
 agreement for higher rate after default, 
 
 validity of. 91, 584-588. 
 as damages for breach of warranty of 
 
 title. 24, 268. 
 compound interest is not usurious. 46, 
 
 190, 191. 
 conflict of laws as to interest as damages. 
 
 91, 731-743. 
 excess of legal rate, when not usurious. 
 
 46, 182, 183. 
 higher rate after default, effect where it 
 
 runs from date of debt. 91, 587, 588. 
 higher rate after default, effect where it 
 
 runs from maturity of debt. 91, 586, 
 
 587. 
 in action on appeal bond. 38, 717. 
 interest as an element of recoverable 
 
 damages. 91, 731-743. 
 interest as damages. See Damages, 
 liability of infant for. 18, 613. 
 on corporate debts, liability of stockhold- 
 ers for. 3, 845. 
 parol change in rates of interest. 56, 
 
 664. 
 preference of interest over railroad mort- 
 gage. 54, 416. 
 
 INTEREST-BEARING STOCK. 
 
 when may be issued. 73, 241. 
 
 INTERMARRIAGE. 
 
 of ancestors, as a defense to breach of 
 promise. 40, 175. 
 
 INTERNAL REVENUE. 
 
 Unstamped writings. 
 
 evidence, unstamped writings as, act of 
 Congress relating to does not apply to 
 state courts. 84, 186-190. 
 
141 
 
 INOEX-DIGEST TO NOTES. 
 
 Intoxicating Liquors 
 
 Unstamped writing — Continued. 
 
 evidence, unstamped writings denied ad- 
 mission as, act of Congress applies 
 only to federal courts. 84, 186-190. 
 
 recording unstamped writings. 84, 193. 
 
 stamping writings, failure to comply 
 with statute requiring, effect of. 84, 
 185-199. 
 
 stamp, omission of, burden of proof as 
 to intent in. 84, 190, 191. 
 
 stamps, omission of cancellation of, does 
 not invalidate instrument. 84, 197. 
 
 stamps on official bonds, omission of, not 
 invalidate bond. 90, 196. 
 
 stamps on writs and processes of state 
 courts, Congress cannot require. 84, 
 192, 193. 
 
 stamps, provisions of act of Congress of 
 1898. 84, 186. 
 
 stamp, unintentional omission of, does not 
 exclude writing from evidence. 84, 
 190. 
 
 subsequent stamping of writing, effect of. 
 84, 193-196. 
 
 subsequent stamping, when may be made. 
 84, 193-195. 
 
 subsequent stamping, where may be inade. 
 84, 196. 
 
 unstamped contract, secondary evidence 
 of, when admissible. 84, 191. 
 
 unstamped writings, criminal prosecutions 
 based upon. 84, 197-199. 
 
 unstamped writings, forgery of. 84, 197- 
 199. 
 
 unstamped writings, pleading and prac- 
 tice in actions upon. 84, 196, 197. 
 
 unstamped writing, validity of. 84, 191, 
 192. 
 
 unstamped writing void if done with in- 
 tent to evade the law. 84, 192. 
 
 INTERPLEADER. 
 
 Interpleader. 
 
 absence of other remedy essential. 91, 
 600. 
 
 agent cannot maintain. 91, 606. 
 
 amount of disputed claim must not be in 
 dispute. 91, 603. 
 
 attorney cannot maintain. 91, 606, 607. 
 
 auctioneer may maintain. 91, 614. 
 
 bailee, when may maintain. 91, 608. 
 
 banks may maintain. 91, 608, 609. 
 
 basis of interpleader. 91, 595, 596. 
 
 bill in nature of interpleader. 91,. 598. 
 
 broker cannot maintain. 91, 606. 
 
 claims of other parties must be an- 
 tagonistic. 91, 604. 
 
 code provisions relating to practice under. 
 1, 800-802. 
 
 common carriers may maintain. 91, 609. 
 
 common source of title, necessity for. 91, 
 600, 601. 
 
 corporate stock and dividends are subject 
 to. 91, 611. 
 
 costs in proceedings. 1, 802. 
 
 deposit company, when may maintain. 
 91, 608. 
 
 deposit or payment into court, com- 
 plaint must offer to. 91,-604. 
 
 Interpleader — Continued. 
 
 discharge of defendant from liability un- 
 der. 1, 801. 
 
 disinterestedness of complainant essential. 
 91, 598, 599. 
 
 doubt and dispute as to the claims of 
 contestants, necessity for. 91, 602, 603. 
 
 eminent domain, damages in, are subject 
 to. 91, 613. 
 
 executors and administrators may main- 
 tain. 91, 610, 611. 
 
 garnished funds are subject to. 91, 613. 
 
 grounds of interpleader. 91, 594, 595. 
 
 identity of demands of contestants, neces- 
 sity for. 91, 610, 602. 
 
 insurance money is subject to. 91, 612, 
 613. 
 
 legal and equitable demands may be in- 
 terpleaded. 91, 603. 
 
 money due on building contract is sub- 
 ject to. 91, 611. 
 
 negotiable instruments, proceeds of, are 
 subject to. 91, 611, 612. 
 
 not a proceeding in rem. 91, 596, 597. 
 
 pending suit against person holding the 
 thing or fund not necessary. 91, 603, 
 604. 
 
 possession of thing in controversy must 
 be in complainant. 91, 604. 
 
 prerequisites to right of. 91, 598-605. 
 
 privity between the parties, necessity for. 
 91, 600, 601. 
 
 property and funds subject to. 91, 611- 
 614. 
 
 purchaser of personalty may maintain. 
 91, 607. 
 
 purposes of interpleader. 91, 594, 595. 
 
 receivers may maintain. 91, 607. 
 
 right of. 91, 593-614. 
 
 scope of remedy. 91, 597, 598. 
 
 statutes affecting right. 91, 597. 
 
 substituting one person in place of an- 
 other as defendant in. 1, 800,802. 
 
 tenant or lessee may maintain. 91, 607. 
 
 time of filing bill. 91, 598. 
 
 trustees may maintain. 91, 609, 610. 
 
 vendor cannot usually maintain. 91, 606. 
 
 warehousemen, when may maintain. 91, 
 608. 
 
 who entitled to interpleader. 91, 605-611. 
 
 wrongdoer not entitled to the remedy. 91, 
 605, 606. 
 
 INTERSTATE COIVIMERCE. 
 
 See Commerce, 
 state regulation of, constitutionality of. 
 27, 547-568. 
 
 INTIMIDATION. 
 
 by striking employgs. 61, 709-711. 
 invalidates an election when. 90, 88, 89. 
 
 INTOXICATING LIQUORS. 
 
 I. Control of traffic. 
 II. Offenses. 
 III. Civil Damage LaTvs. 
 
 I. Control of Traffic. 
 
 combinations fixing the price of and re- 
 stricting sale of. 74, 257, 258. 
 
Intoxication 
 
 INDEX-DIGEST TO NOTES. 
 
 142 
 
 Intoxicating liquors — Continued. 
 
 fourteenth amendment not affect right to 
 
 regulate. 25, 890. 
 intoxicating liquors, conditions in deed 
 
 against manufacture of, sale of. 79, 
 
 762, 763. 
 judicial notice of what are intoxicating 
 
 liquors. 12, 353. 
 manufacture and sale, prohibiting. 27, 
 
 568. 
 social clubs furnishing liquor, violation of 
 
 local option laws. 24, 41. 
 states, power of, to regulate traffic in. 
 
 27, 568. 
 
 gifts when illegal. 12, 353. 
 
 illegal sale of intoxicating liquors. 12, 
 353, 354. 
 
 liability of property owners for illegal 
 sales upon their leased premises. 12, 
 354. 
 
 minor, sale to. 28, 707. 
 
 sale by clerk or servant, imputed to prin- 
 cipal. 28, 709. 
 
 sale of liquors by agents. 12, 354. 
 
 sales of liquors to minors. 12, 354. 
 
 schemes to entrap violators of liquor laws. 
 72, 702. 
 
 selling liquor when made a crime. 78, 
 253-255. 
 
 social clubs, disposition of liquors by, 
 whether a sale. 24, 35-50. 
 
 social clubs, sale by, not for profit. 24, 
 43. 
 
 unlawful sale, what may. be made suffi- 
 cient evidence of. 36, 684. 
 
 III. Civil Damage La'fvs. 
 
 Civil liability of liquor sellers. 
 
 acts of intoxicated person respecting prop- 
 erty in general, liability of liquor seller 
 for. ' 85, 452. 
 
 assault and battery committed by intoxi- 
 cated person, liability of liquor seller 
 for. 85, 450. 
 
 contributory acts of person injured by in- 
 toxicated man as a defense. 85, 453. 
 
 crimes of intoxicated person resulting in 
 imprisonment, civil liability of liquor 
 seller for. 85, 451, 452. 
 
 damages in suit against liquor seller. 85, 
 453, 454. 
 
 exemplary damages for selling liquor to 
 drunkards. 28, 880. 
 
 furnishing liquors as proximate cause. 
 36, 830. 
 
 homicide committed by intoxicated person, 
 civil liability of liquor seller for. 85, 
 450, 451. 
 
 liability of liquor sellers for the acts of 
 persons becoming intoxicated. 85, 449- 
 454. 
 
 mismanagement of horses and teams by 
 intoxicated person, liability of liquor 
 seller for. 85, 452, 453. 
 
 personal injuries committed by intoxi- 
 cated person, liability of liquor seller 
 for. 85, 449. 450. 
 
 Civil liability of liquor sellers — Continued. 
 suicide of intoxicated person, liability of 
 
 liquor seller for. 85, 451. 
 who are liable for acts of intoxicated 
 
 persons. 85, 453. 
 
 INTOXICATION. 
 
 as a defense in burglary. 2, 398. 
 
 as contributory negligence. 25, 39-47. 
 
 as cruelty. 65, 73. 
 
 confessian made under. 6, 249. 
 
 evidence of. 25, 44. 
 
 kidnapping of intoxicated person '4, 449. 
 
 marriage, when avoided by. 79, 377. 
 
 of jurors. 1, 521. 
 
 INVESTMENTS. 
 
 by executors and administrators. 12, 313- 
 
 315; 78, 197-200. 
 of ward's estate by guardian. 89, 292- 
 
 297. 
 of ward's estate in real property. 89, 312. 
 
 ISREGUI.ABITIES. 
 
 elections, when avoided by. 90, 46-92. 
 
 . IRRIGATION. 
 
 See Waters and Water Courses, 
 water companies, duty to furnish water 
 for. 81, 488-492. 
 
 ISLANDS. 
 
 accretions to. 35, 312, 313. 
 accretions with reference to, in naviga- 
 ble streams. 72, 280-286. 
 
 ISSXTE. 
 
 birth of, as revoking a will. 28, 359, 360. 
 dying without, effect on succession to 
 
 decedent's estate. 12, 88, 89. 
 limitation to, and rule in Shelley's case. 
 
 11, 104. 
 
 JAILERS. 
 
 false imprisonment, liability for. 67, 
 424, 425. 
 
 JAILS. 
 
 miinicipal, liability for negligent man- 
 agement of. 30, 402. 
 whether a house in arson. 71, 267, 268. 
 
 JEOPARDY. 
 
 statutes imposing greater penalty for 
 second offense do not put offender twice 
 in. 64, 382. 
 
 valid indictment essential to. 48, 214. 
 
 JOINT. 
 
 adoption of children. 39, 213, 214. 
 
 debtors, absence of one from state, effect 
 on statute of limitations 60, 201, 205. 
 
 debtors, "relation of agency existing be- 
 tween. 65, 683-692. 
 
 liability of persons for negligence. 16, 
 250-257. 
 
 liability of stockholders. 3, 852-854. 
 
143 
 
 INDEX-DIGEST TO NOTES. 
 
 Judgment 
 
 Joint — Continued. 
 
 obligations, covenant not to sue joint 
 
 obligor. 36, 149. 
 parties, judgments for or against, after 
 
 death of one. 29, 817. 
 
 JOINT STOCK COMPANIES. 
 
 jurisdiction of equity over. 68, 863, 864. 
 
 JOINT TENANCY. 
 
 created by trusts, when. 19, 275, 276. 
 
 JUDGES. 
 
 bonds of judicial officers, and liability of 
 
 sureties thereon. 91, 573-579. 
 certiorari, what acts reviewable upon. 
 
 40, 46. 
 charges judges with bribery, as contempt 
 
 of court. 50, 577. 
 disbarment of attorneys for contempt of 
 
 judges. 45, 82-84. 
 false imprisonment, liability for. 67, 
 
 422-424. 
 
 JUDGIMENT. 
 
 1. In General. 
 
 II. By Confession. 
 
 III. By Default. 
 IV. Eatrr and Docketing. 
 
 v. Vacating. 
 VI. Eanitable Relief. 
 
 VII. Collateral Attack. 
 
 VIII. Dflect of Jndgment. 
 
 IX. Conclnsi-reness of Adjnclication. 
 
 X. lilen. 
 
 XI. Foreign Judgments. 
 
 XII. Assignment. 
 
 XIII. Payment and Satisfaction. 
 
 XIV. Actions on Judgments. 
 
 I. In General. 
 
 Judgments in general. 
 
 against infant, validity of. 39, 274-276. 
 
 definition and essentials of. 29, 82. 
 
 form of, in conspiracy. 3, 492. 
 
 jurisdiction essential to validity of 23, 
 104. 
 
 obtained by false pretenses. 25, 383. 
 
 of forfeiture of corporate franchise. 8 
 200. 
 
 taxation of. See Taxation. 
 
 void judgments. 17, 143. 
 
 whether a debt within the meaning of the 
 constitutional prohibition against im- 
 prisonment for debt. 37, 762, 763. 
 
 II. By Confession. ' 
 
 power of attorney by married women to 
 confess judgment. 84, 771, 772. 
 
 III. By Default. 
 
 default, conclusiveness of. 27, 148. 
 default, when not relieved against in 
 equity. 53, 445, 446. 
 
 IV. Kntry and Docketing. 
 
 Entry of judgments. 
 
 effect of entry. 4, 833. 
 
 entry of judgments nunc pro tunc. 4, 
 
 828-834. 
 evidence on which entry may be based. 
 
 4, 831-833. 
 laches in securing nunc pro tunc entry. 
 
 4, 829, 830. 
 notice whether necessary. 4, 833. 
 nunc pro tunc entry, after appeal taken. 
 
 4, 830. 
 nunc pro tunc entry, where no judgment 
 
 rendered. 4, 830. 
 practice on application for entry. 4, 
 
 833, 834. 
 premature entry of judgment as affect- 
 ing jurisdiction. 61, 488. 
 when entry nunc pro tunc is proper. 4, 
 
 829-831. 
 when nunc pro tunc entry not proper. 4, 
 
 831. 
 
 Docketing of judgments. 
 
 docketing, creation of lien by. 87, 666- 
 668. 
 
 docketing, errors and omissions of names 
 in, as affecting lien. 87, 669-671. 
 
 dockets, indexing, as affecting lien. 87, 
 671. 
 
 docketing, irregularities in, do not affect 
 lien. 87, 668. 
 
 docketing judgments.' 87, 665-673. 
 
 docketing justices' judgments, irregulari- 
 ties in, do not affect. 87, 672, 673. 
 
 docketing, time of. 87, 666. 
 
 V. Vacating. 
 
 Direct attack upon judgments. 
 
 direct attacks upon, by certiorari. 23, 
 
 108. 
 direct attack upon, by writ of error coram 
 
 nobis and coram vobis. 23, 107. 
 direct attack upon, by writ of audita 
 
 querela. 23, 107. 
 direct attack upon, motion to vacate, 
 
 when is. 23, 105. 
 
 Vacating judgments. 
 
 infants, motions by, for vacation of. 60, 
 656. 
 
 laches in money to vacate. 2, 798; 60, 
 660-662. 
 
 lunatics, motion by, for vacation of. 60, 
 656. 
 
 married women, motion by, for vacation 
 of. 60, 656, 657. 
 
 relief from, because of forgetfulness of 
 attorney. 80, 267. 
 
 relief from, because of mistake or ex- 
 cusable neglect, whether the decision 
 granting must be rendered within the 
 time designated in the statutes for 
 granting relief. 52, 795. 
 
 relief from, because of neglect of attor- 
 ney, cases sustaining granting of. 80, 
 266. 
 
 relief from, because of neglect of attor- 
 ney to file answer. 80, 265. 
 
 relief from in divorce suits because of 
 negligence or inadvertence of attorney. 
 80, 269. 
 
Judgment 
 
 INDEX-DIGEST TO NOTES. 
 
 144 
 
 Vacating judgments — Continued. 
 
 relief from, motion for made within time, 
 whether delay of court will preclude 
 relief. 52, 795-799. 
 
 relief from, neglect of attorney as a 
 ground for. 80, 264-271. 
 
 restitution of persons dispossessed under 
 a judgment afterward set aside. 17, 
 264-266. 
 
 review of judgment punishing for con- 
 tempt. 22, 417, 418. 
 
 time within which relief may be granted 
 on account of mistake or excusable 
 neglect. 52, 795-799. 
 
 vacating. 5, 454. 
 
 vacating, against a deceased person, efifeet 
 of. 60, 656. 
 
 vacating after the lapse of the term. 60, 
 638, 639. 
 
 vacating, assignee of party, whether may 
 move for. 60, 637. 
 
 vacating as to some of the parties only. 
 60, 659. 
 
 vacating at the instance of persons pre- 
 judiced by, though not nominal parties. 
 60, 636. 
 
 vacating at the instance of third persons. 
 60, 636. 
 
 vacating, authority to order is judicial. 
 60, 634. 
 
 vacating because judgment was entered 
 against a deceased person. 60, 655, 
 656. 
 
 vacating because of unauthorized appear- 
 ance of attorney. 60, 649. 
 
 vacating because the attorney withdrew 
 an answer without the authority of his 
 client. 60, 648, 649. 
 
 vacating because void for want of juris- 
 diction. 60, 642, 643. 
 
 vacating by courts of limited jurisdic- 
 tion. 60, 633. 
 
 vacating, chaneerv rules respecting. 60, 
 640, 641. 
 
 vacating, chancery rules respecting de- 
 crees, decisions applying to judgments. 
 60, 641, 642. 
 
 vacating, consent of the parties after the 
 lapse of the term, whether justifies. 
 60, 640. 
 
 vacating decrees entered against an in- 
 fant, a lunatic, or a married woman. 
 60, 656. 
 
 vacating decrees of divorce. 60, 658. 
 
 vacating during the term. 60, 638. 
 
 vacating, effect of an order granting. 60, 
 661j663. 
 
 vacating, extrinsic evidence, cases hold- 
 ing that the courts will not act upon. 
 60, 646. 
 
 vacating, extrinsic evidence in rebuttal 
 on motion to vacate. 60, 646. 
 
 vacating for collusion, guilty participant 
 cannot maintain motion for. 60, 650, 
 651. 
 
 vacating for defects in the form or service 
 of process. 60, 645. 
 
 vacating for error. 60, 652-654. 
 
 vacating for errors and irregularities. 
 23, 104-107. 
 
 vacating for fraud. 23, 106; 60, 649. 
 
 Vacating judgments — Continued. 
 
 vacating for irregularities. 60, 654, 655. 
 vacating for matters occurring after the 
 
 entry of the judgment. 60, 659. 
 vacating for mistake. 60, 651, 652. 
 vacating for want of jurisdiction, eases 
 
 denying where such want does not ap- 
 pear by the record. 60, 644. 
 vacating for want of jurisdiction, evidence 
 
 in support of must be clear. 60, 644. 
 vacating for want of jurisdiction where 
 
 such want does not appear by the rec- 
 ord. 60, 644. 
 vacating, intermeddlers cannot move for. 
 
 60, 636. 
 vacating judgments on motion, when not 
 
 specially authorized by statute. 60, 
 
 633-663. 
 vacating, legislative power over. 60, 634, 
 
 635. 
 vacating, motion for. 23, 105. 
 vacating, notice of application for, when 
 
 must be given. 60, 659, 660. 
 vacating, party no . longer prejudiced by 
 
 cannot move for. 60, 636. 
 vacating, pendente lite transferee, when 
 
 may move for. 60, 637. 
 vacating, power of exists independently 
 
 of statutory authority. 60, 633. 
 vacating, power to order, by what courts 
 
 may be exercised. 60, 633. 
 vacating, third persons, who may move 
 
 for. 60, 636. 
 vacating, time within which motion may 
 
 be made. 60, 660. 
 vacating, void for want of jurisdiction. 
 
 60, 643. 
 vacating void judgments. 23, 105. 
 vacating, where terms of court have been 
 
 abolished, time within which motion 
 
 for may be made. 60, 647. 
 vacating, who may move for. 60, 635, 
 
 636. 
 
 VI. Banltable Relief. 
 
 Belief in equity. 
 
 accident as a ground for. 54, 240, 242. 
 administrators and executors, suit by for 
 
 relief. 54, 254. 
 against decrees of courts of equity. 54, 
 
 220. 
 against decrees of divorce. 54, 220. 
 against decrees of ecclesiastical courts. 
 
 54, 220. 
 against judgments and decrees. 54, 218- 
 
 261. 
 against orders of courts. 54, 221. 
 assignment of right to maintain suit for. 
 
 54, 251, 255, 257. 
 attorneys, laches of, when not charge- 
 able to party. 54, 246. 
 because judgment was for an amount 
 
 greater than that due. 54, 231. 
 because judgment was void for want of 
 
 jurisdiction. 54, 243, 244. 
 because of a discovery of a receipt or 
 
 release. 54, 228, 229. 
 because of an unauthorized act of an 
 
 unauthorized attorney. 54, 246. 
 because of a setoff or counterclaim. 54 
 
 256. ' 
 
145 
 
 INDEX-DIGEST TO NOTES. 
 
 Judgment 
 
 Relief in equity — Continued. 
 
 because of fraudulent concealment by 
 plaintiff of a matter of defense. 54, 
 234-236. 
 because of matters occurring after the 
 
 judgment was entered. 54, 249, 250. 
 because of want of jurisdiction' of the 
 person or subject matter. 54, 244-246. 
 cestui que trust, suit by, for relief. 54. 
 
 254. 
 collusion as a ground for. 54, 252. 
 complaint for, what must state. 28, 111. 
 complainant must do equity. 54, 259. 
 compromise, disregarding and taking 
 
 judgment contrary to. 54, 238. 
 concealment as a ground for. 54, 233. 
 conflict of jurisdiction, how prevented in 
 
 suits for. 54, 261. 
 decrees in equity, mode of obtaining re- 
 lief from. 54, 260. 
 defenses discovered after the entry of the 
 
 former judgment. 54, 226, 227. 
 defenses existing in the original action 
 must have been there presented. 54, 
 226. 
 defenses which were not made because of 
 the act or fraud of the adverse litigant. 
 54, 238, 239. 
 errors in judgment rendered upon default. 
 54, 231. ! 
 
 evidence, newly discovered, as a ground 
 
 for. 54, 227. 
 forged conveyance, judgment based upon. 
 
 54, 235. 
 forged wills, will not to be relieved 
 
 against. 54, 219, 220. 
 fraud as ground of relief from judgment. 
 
 25, 167. " 
 fraud for which relief may be granted. 
 
 54, 237. 
 fraud for which relief may be granted 
 
 must be extrinsic. 54, 236. 
 fraud in disregarding a compromise. 54, 
 
 238. 
 fraud in management of the former ac- 
 tion. 54, 236. 
 fraud in procurement of decrees of 
 
 divorce. 54, 237. 
 fraud in procuring a false return of the 
 
 service of process. 54, 237. 
 fraud in procuring the process to be 
 
 served by publication. 54, 237. 
 fraud on the part of the court. 64, 237, 
 
 238. 
 fraudulent concealment of cause of action 
 
 or of defense. 54, 233, 234. 
 garnishee, when entitled to relief from 
 
 judgment. 53, 452. 
 infants are entitled to only on the same 
 
 grounds as adults. 54, 253. 
 infants, failure to appoint guardians ad 
 
 litem for. 54, 230. 
 injunction, the remedy is by. 54, 260. 
 injury to the complainant is essential to 
 
 his claim for relief from. 54, 250. 
 innocent purchasers are protected from 
 
 suits for. 54, 255. 
 insane persons, suits by for relief. 54, 253. 
 irregularities in the former action no 
 ground for. 54, 229, 230. 
 Index-Digest — 10 
 
 Relief in equity — Continued. 
 
 joinder of parties complainant in suits 
 
 for. 54, 255. 
 jurisdiction, relief because of defects in 
 
 acquiring. 54, 244. 
 laches as a bar to relief. 54, 259. 
 married women, suits by, for relief. 54, 
 
 254. 
 merits, showing of, when essential. 54, 
 
 222. 
 mistake as a gi-ound for. 54, 240. 
 mistake in pleading as a ground for. 54, 
 
 242. 
 mistake of law as a ground for. 54, 241. 
 •mistake on the part of the judge or court. 
 
 54, 240. 
 motion, existence of remedy by, whether 
 
 precludes relief in equity. 54, 249. 
 newly discovered evidence as ground of 
 
 relief. 25, 166. 
 new trials, granting of in equity. 54, 232. 
 new trials when compelled and the mode 
 
 of prosecuting. 54, 260, 261. 
 perjury in former action as a ground for. 
 
 54, 232, 233. 
 perjury, relief from judgments obtained 
 
 by. 25, 165-171. 
 process, irregularities in the service of. 
 
 54, 230. 
 receipt or release, discovery of after judg- 
 ment. 54, 228. 
 receipt or release, subsequent discovery 
 whether entitles party to relief from in 
 equity. 53, 450. 
 relief from, because of newly discovered 
 
 evidence. 53, 446, 447. 
 relief in equity. 23, 117, 118. 
 remedy at law, existence of precludes re- 
 lief in equity. 54, 246. 
 setoff or counterclaim, when a sufficient 
 
 ground for. 54, 257. 
 sureties, when entitled to relief. 54, 257, 
 
 258. 
 surprise as grounds for. 54, 240. 
 void judgment, whether may be relieved 
 
 against. 54, 250. 
 wills, probate of, will not be relieved 
 against. 54, 219. 
 'Negligence as a iar to equitable relief. 
 
 attorney, insolvency of, does not entitle 
 party to relief from judgment due to , 
 his negligence. 53, 450. 
 continuance, failure to move for is a 
 
 bar to relief in equity. 53, 447, 448. 
 default, when will not be relieved against 
 
 in equity. 53, 445, 446. 
 diligence in preparing for trial and in 
 discovering and presenting evidence, 
 want of, precludes relief in equity. 53, 
 446, 447. 
 equitable jurisdicLion to grant new trial 
 is becoming obsolete in the United 
 States. 53, 448. 
 mismanagement at the trial, relief can- 
 not be granted because of. 53, 447, 
 448. 
 neglect to pursue remedy by appeal or 
 
 certiorari. 54, 249. 
 neglect to pursue remedy by motion for 
 a new trial. 54, 249. 
 
Judgment 
 
 INDEX-DIGEST TO NOTES. 
 
 146 
 
 Tfegligence as a bar to equitaile relief' — Cont'd. 
 neglect to pursue remedy by motion for 
 
 a rehearing. 54, 249. 
 negligence as a bar to. 54, 247. 
 negligence as bar in equity to relief 
 
 against judgments. 53, 444-453. 
 negligence as a bar to relief equity, gen- 
 eral rule. 53, 445. 
 negligence, default due to, will not be 
 
 relieved against in equity. 53, 446. 
 negligence in forgetting the service of 
 
 process. 53, 446. 
 negligence in matters of pleading. 53, 
 
 446. 
 negligence induced by the fraud or mis- 
 representation of the adverse litigants. 
 
 53, 451. 
 negligence in not being present at the 
 
 trial. 53, 447. 
 negligence of a member of partnership. 
 
 53, 449. 
 negligence of attorneys or other agents as 
 
 a cause for relief of equity. 53, 449. 
 negligence of garnishees in not making 
 
 proper answer or defense. 53, 445. 
 negligence of public officer representing 
 
 litigants. 53, 449. 
 pleading, relief in equity because of 
 
 neglect in. 53, 446. 
 
 VII. Collateral Attack. 
 
 Collateral attack on judgments. 
 
 alteration of, after entry, whether may be 
 
 shown collaterally. 80, 483, 484. 
 by habeas corpus. 23, 108, 109. 
 by mandamus. 23, 111. 
 by motion to vacate. 23, 104, 106, 107. 
 by showing cause had been removed to 
 
 national courts. 23, 116. 
 by showing defendant was foreign minis- 
 ter or consul. 23, 115. 
 by showing defendant was nonresident. 
 
 23, 115. 
 by showing discharge in bankruptcy. 23, 
 
 112. 
 by showing jurisdiction had ended. 23, 
 
 116. 
 by showing term had lapsed. 23, 116. 
 by third persons. 23, 118. 
 cpllateral attack upon by proving forgery 
 
 or alteration. 80, 479. 
 collateral attack upon by proving that the 
 
 clerk entered without authority or 
 
 direction. 80, 479-482. 
 collateral attacks upon judgments. 23, 
 
 104-119. 
 collateral attack, what is. 5, 453, 454. 
 conclusiveness of judgments on collateral 
 
 attack. 15, 143. 
 courts of limited jurisdiction, jurisdic- 
 tion must be proved. 23, 109. 
 discharge in bankruptcy, how attacked. 
 
 23, 112. 
 for defects in service of process. 61, 485- 
 
 495. 
 for errors or irregularities. 23, 113. 
 for fraud against creditors. 23, 118. 
 for forgery and' alteration of, mode of 
 
 showing. 80, 479. 
 for want of authority of attorney. 34, 
 
 519, 520. 
 
 Collateral attack on judgments — Continued. 
 
 habeas corpus, attack upon judgments by. 
 23, 108-110. 
 
 in criminal cases. 23, 109, 1 10. 
 
 in quo warranto proceedings. 23, 111. 
 
 in scire facias not permitted. 23, 116. 
 
 judgments against deceased persons not 
 subject to. 29, 816, 817. 
 
 judgments of criminal courts, when re- 
 viewable on habeas corpus. 87, 167- 
 203. 
 
 jurisdiction of courts of limited jurisdic- 
 tion, how proved. 23, 114. 
 
 jurisdiction, when want of may be shown. 
 6, 454. 
 
 justices, entries in docket of, whether may 
 be shown on forged. 80, 482, 483. 
 
 on order confirming judicial sales. 29, 
 497. 
 
 record contradictory. 23, 106, 107, 117. 
 
 record of, cannot be impeached by prov- 
 ing forgery or alteration of. 80, 479, 
 480. 
 
 suits in equity for relief are. 23, 117. 
 
 upon appointment oi administrator. 81, 
 535-562. 
 
 upon foreign judgments. 23, 117. 
 
 upon judgment for or against deceased 
 persons, collateral attack of. 29, 816, 
 817. 
 
 what is. 23, 104. 
 
 VIII. Effect of Jnasment. 
 
 Effect of judgment. 
 
 against deceased persons. 29, 816-819. 
 
 against executors, eflfeet of. 52, 323. 
 
 against extinct corporation. 29, 819. 
 
 against foreign corporations, effect of. 
 85, 938. 
 
 against original insurer, effect upon rein- 
 surer. 45, 446, 447. 
 
 entirety of judgment, if void as to some 
 of parties whether void as to all. 91, 
 362-370. 
 
 for deceased persons. 29, 816-819. 
 
 for or against deceased persons, jurisdic- 
 tion must be acquired before party's 
 death. 29, 818, 819. 
 
 for or against deceased persons, voidable 
 only. 29, 816, 817. 
 
 for or against deceased persons, where 
 void. 29, 817, 818. 
 
 for or against joint plaintiffs or defend- 
 ants one of whom is dead. 29, 817. 
 
 in garnishment as satisfaction of princi- 
 pal debt. 77, 542-545. 
 
 situs of judgment for purpose of taxation. 
 63, 457. 
 
 \alidity of judgment for taxes. 42, 657. 
 
 void because attempting to dispose of is- 
 sues not before court. 29, 78-80. 
 
 ^oid because in excess of jurisdiction. 
 29, 78-84. 
 
 when a, cloud on title. 
 
 IX. ConcInslveneHs of Adjudication. 
 
 Conclusiveness of judgments. 
 
 against corporation conclusive in credit- 
 or's suit. 3, 814, 815. 
 against county .officers, when bind tax- 
 payers. 27, 196-198. 
 
147 
 
 INDEX-DIGEST TO NOTES. 
 
 Judgment 
 
 Conclusiveness of judgments — Continued. 
 
 against mortgagee acting as trustees for 
 the holder of an indebtedness. 73, 166. 
 
 against municipalities, when binding on 
 people and state. 27, 195-197. 
 
 against nonresidents, quieting title. I, 
 264-266. 
 
 against officers, when binding upon coun- 
 ties and other municipalities. 27, 198. 
 
 against one individually .does not bind 
 him as trustee, executor, administrator, 
 or guardian. 7, 175, 176. 
 
 against person in one capacity does not 
 bind him in another. 7, 175, 176. 
 
 against principal, how far conclusive 
 against suretv on appeal bond. 38, 
 719. 
 
 against receivers. 71, 356, 359, 373-375. 
 
 against trustees do not bind the bene- 
 ficiaries as a general rule. 73, 165. 
 
 against trustees of an insolvent, when 
 bjnd his creditors. 73, 166. 
 
 against trustees of life tenants and re- 
 maindermen bind them. 73, 166. 
 
 against unknown infants. 87, 368. 
 
 against unknown owners. 87, 368. 
 
 as to what matters conclusive. 15, 142. 
 
 conclusiveness in appellate courts, law nt 
 the case. 15, 143, 144. 
 
 conclusive, judgment must be final before. 
 37, 30. 
 
 conclusiveness of judgments. 15, 142-144. 
 
 conclusiveness of judgment for taxes. 
 42, 657. 
 
 conclusiveness of judgments upon collat- 
 eral attack. 15; 143. 
 
 disposition on appeal, must be reversed 
 as to all defendants. 01, 368, 369. 
 
 entirety of judgment, void as to some de- 
 fendants whether void as to all. 91, 
 362-370. 
 
 extrinsic evidence, jurors cannot be ex- 
 amined as to their conclusions. 44, 
 57). 572. 
 
 indemnitors, when and how far bound by 
 judgments against principals. 22, 204- 
 207. 
 
 judgment operative as a bar, elements. 
 8, 229. 
 
 jurors cannot be examined as to their con- 
 clusions, to show what was decided. 
 44, 571, 572. 
 
 of forfeiture of corporate franchise must 
 be rendered before dissolution takes 
 place. 8, 193. 
 
 sheriff, judgments against, when conclu- 
 sive against his indemnitors. 22, 206, 
 207. 
 
 sureties on official bonds, when not bound 
 by. 22, 205. 
 
 taxpayers, when bound by judgment 
 against municipalities. 27, 196-198. 
 
 void as to one defendant, jurisdictions 
 where held valid as to defendants 
 served. 91, 366-368. 
 
 void as to one defendant, jurisdiction 
 
 where held void in toto. 91, 362-365. 
 void as to one defendant, whether void as 
 
 to all. ■ 91, 362. 
 who are concluded by judgments. 15, 142. 
 
 Estoppel. 
 
 appeal, effect of, on judgment as. 37, 
 29-32. 
 
 estoppel by judgment. 8, 229, 230. 
 
 estoppel of, does not operate for nor 
 against persons not parties nor privies. 
 2, 876, 877. 
 
 estoppel of, must be mutual. 2, 877. 
 
 former judgment as estoppel. 27, 347, 
 348. 
 
 married women, when estopped by. 57, 
 169. 
 
 new trial, motion for, does not destroy 
 effect of judgment as. 37, 32. 
 
 parties, who are estopped. 2, 877. 
 
 privies, who deemed to be. 2, 878. 
 Bes judicata. 
 
 appeal, effect of, on judgment as an es- 
 toppel. 37, 29-32. 
 
 burden of proving res judicata. 44, 563. 
 
 decision upon two or more issues, effect 
 as res judicata. 44, 564, 565. 
 
 demurrer, judgment upon, whether res 
 judicata. 44, 566-568. 
 
 evidence must clearly show that judg- 
 ment is res judicata. 44, 563, 564. 
 
 evidence that a matter is not res judicata. 
 44, 568-570. 
 
 extrinsic evidence to prove res judicata. 
 44, 562. 
 
 matter decided must be shown to be ma- 
 terial. 44, 562, 563. 
 
 nonsuit as res judicata. 49, 831-833. 
 
 of nonsuit, as res judicata. 49, 831-833. 
 
 pleading res judicata. 15, 143. 
 
 proof of res judicata. 44, 562-572. 
 
 record proof of res judicata. 44, 562. 
 
 res judicata, instances of what is and 
 what is not. 14, 250-252; 15, 142, 143. 
 
 res judicata, what is. 8, 229, 230. 
 
 res judicata, what is not. 8, 230, 231. 
 
 uncertainty as to issue decided, when may 
 be res ■ judicata. 44, 565. 
 
 X. Lien. 
 
 lieu against homestead. 38, 247. 
 
 lieu as affected by docketing of judgment. 
 
 87, 666-671. 
 on homesteads, when exist. 34, 496-506. 
 preference of judgment lien over railroad 
 
 mortgage. 54, 416. 
 
 XI. Foreign Jnagnieutei. 
 
 collateral attack upon. 23, 117. 
 
 effect of decree discharging insolvent as 
 
 against, nonresident creditors. 15, 212- 
 
 221. 
 judgnjent based on penal laws, whether 
 
 enforceable in another state. 14, 351. 
 
 XII. Asslgfnmeut. 
 
 Assignment of judgments. 
 
 assignment at common law. 78, 47. 
 assignment, good faith of. 78, 51, 52. 
 assignment of, caveat emptor is the rule 
 
 of. 78, 51. 
 assignment of, effect of in equity. 78, 47. 
 assignment of, effect of under American 
 
 statutes. 78, 47, 48. 
 assignment of, equities to which subject. 
 
 78, 52-56. 
 
Judicial Notice 
 
 INDEX-MSEST TO NOTES. 
 
 148 
 
 Assignment of judgments — Continued. 
 
 assignment of, in bad faith. 78, 51,' 52. 
 
 assignment of, is subject to existing equi- 
 ties between the original parties. 78, 
 52. 
 
 assignment of judgment in replevin passes 
 the right to recover upon the bond. 78, 
 50. 
 
 assignment Of, liens passing by. 78, 49. 
 
 assignment of, part of a judgment. 78, 
 56. 
 
 assignment of, rights passing by. 78, 49- 
 51. 
 
 assignment of, setoif, right of, when ex- 
 ists notwithstanding. 78, 53, 54. 
 
 assignment of, warranty implied from. 
 78, 48, 49. 
 
 assignment of, whether is subject to 
 rights of setoff. 78, 53, 54. 
 
 power of attorney by married women to 
 transfer. 84, 771, 772. 
 
 XIII. Payment and Satisfaction. 
 
 appeal after satisfaction. 45, 271-274. 
 
 appeal by defendant after he has satis- 
 fied. 45, 272. 
 
 appeal from, by party who has received 
 satisfaction. 45, 271. 
 
 estoppel to appeal from after receiving 
 satisfaction. 45, 271. 
 
 payment of money on void judgment, vol- 
 untary. 4, 608. 
 
 presumption of payment. 18, 883. 
 
 what judgment sureties on appeal bond 
 agree to satisfy. 38, 706-708. 
 
 XIV. Actions on Judgments. 
 
 actions on, are transitory. 22, 25. 
 estoppel by judgment, proof of. 44, 562- 
 
 572. 
 evidence, character of, admissible to show 
 
 estoppel by judgment. 44, 570, 571. 
 interest allowed in actions on foreign 
 
 judgments. 91, 735-737. 
 judgment against corporation, when not a 
 
 prerequisite to action at law against 
 ^ stockholders. 37, 175. 
 judgment as evidence of indebtedness in 
 
 actions between third person. 41, 103, 
 
 104. 
 perjury as a defense. 25, 171. 
 setoff, whether may be. 47, 590, 591. 
 
 JUDICIAL NOTICE. 
 
 of localities and boundaries. 82, 439-447. 
 
 See Evidence, 
 of what are intoxicating liquors. 12, 353. 
 
 See Evidence. 
 
 JUDICIAL SALES. 
 
 confirmation binds purchaser. 29, 497, 
 
 498. 
 confirmation, collateral attack of order of. 
 
 29, 497. 
 confirmation cures what irregularities. 
 
 29, 495-497. 
 confirmation does not validate void sale. 
 
 29, 498, 499. 
 confirmation, effect of. 52, 177. 
 confirmation of. 29, 495-499. 
 
 Judicial sales — Continued. 
 
 confirmation relates back to day of sale. 
 
 29, 497. 
 deeds at, will give color of title. 88, 723, 
 
 724. 
 deed, how may be made certain. 5, 459. 
 deficiency on resale, when recoverable. 
 
 27, 766. 
 description of land in deed on. 5, 459, 
 
 460. 
 mortgagees' rights in property disposed 
 
 of at. 88, 359-365. 
 of corporate franchise. 35, 401, 402. 
 order confirming sales, conclusiveness of. 
 
 29, 495. 
 purchaser at, proceedings against for 
 
 loss on a resale. 52, 177-179. 
 purchaser at, whether may recover for 
 
 betterments. 81, 180, 184. 
 purchaser at, whether may urge that the 
 
 terms of the sale were different from 
 
 those stated in the return and order 
 
 of confirmation. 52, 177-179. 
 receiver appointed at instance of pur- 
 chaser. 72, 73. 
 remedies against purchaser at. 27, 776. 
 setoff in favor of purchaser at void sale. 
 
 47, 594. 
 sheriff's deeds, reformation of. 65, 514. 
 subrogation, right to, of purchaser at, 
 
 void. 2, 328-330. 
 title acquired by purchaser at his own 
 
 execution sale. 79, 947-953. 
 title transferred at. 3, 203, 204. 
 void sale, not validated by. 29, 498, 499. 
 
 JURISDICTION. 
 
 conflict of, between courts of concurrent 
 
 jurisdiction. 29, 310-318. 
 defects in service of process as affecting. 
 
 61, 485-496. 
 essential to validity of judgment. 23, 
 
 104. 
 minor children, jurisdiction over, whether 
 
 depends on the citizenship or residence 
 
 of their parents. 53, 185. 
 nonresidents, decrees of divorce against. 
 
 53, 182, 183. 
 of courts as depending on value or amount 
 
 in litigation. 21, 617-622. 
 of courts, evidence aliunde to show. 20, 
 
 521, 522. 
 of courts of one state or country over 
 
 citizens of another. 6, 179-190. 
 of courts over voluntary associations. 7, 
 
 162-170. 
 of courts to judge of election and qualifi- 
 cation of members of legislative bodies. 
 
 16, 220-224. 
 of each state over all property within its 
 
 borders. 53, 181. 
 ousting courts of, by agreement to arbi- 
 trate. 2, 566. ' 
 over citizens temporarily absent. 53, 
 
 186, 191. 
 over foreign corporations. 85, 905-938. 
 over foreign corporations doing business 
 
 within the state. 53, 182. 
 over fugitive from justice. 53, 187. 
 over .nonresidents, brought' within the 
 
 state by fraud. 53, 182. , 
 
149 
 
 INDEX-DIGEST TO NOTES. 
 
 Justices of the Peace 
 
 Jurisdiction — Continued. 
 
 over nonresidents, temporarily within the 
 state or country. 53, 181. 
 
 over nonresidents, voluntary appearance 
 confers. 53, 189. 
 
 over persons, essential to partition of es- 
 tate of decedent. 41, 145, 146. 
 
 over suits for divorce. 53, 182, 184. 
 
 receivers, to appoint. 71, 357, 359. 
 See Courts. 
 See Equity. 
 
 to render judgment against deceased per- 
 son. 29, 818, 819. 
 
 to take acknowledgment. 54, 154. 
 
 vacating judgments for want of. 60, 642, 
 643. 
 
 want of, as ground for equitable relief 
 from judgment. 54, 244-246. 
 
 want of, as ground for vacating judgment. 
 60, 644. 
 
 waiver of, over nonresident creditor. 15, 
 213. 
 
 JURY. 
 I. Jury Generally. 
 II. Attemdanice and Discbarse of Jurors. 
 III. Competency of Jurors. 
 
 I. Jury Generally. 
 
 insanity inquisition, necessity for jury. 
 
 43, 538-540. 
 province of, in prosecution for libel. 13, 
 
 625-627. 
 right to jury, when not considered on 
 
 habeas corpus. 87, 188, 189. 
 right to, in actions against receivers. 74, 
 
 290. 
 
 See Grand Jury. 
 See 'irial. 
 trial, invasion by court of the province 
 
 of jury. 14, 36-48. 
 vagrancy, trial by jury for. 38, 644, 
 
 64S. 
 
 II. Attendance and Discharge of Jurors, 
 
 abuses in summoning juries. 60, 463. 
 
 dischage of and excusing jurors by court. 
 1, 519-526. 
 
 struck juries, constitutionality of stat- 
 utes authorizing. 60, 461, 462. 
 
 struck juries, practice and legislation re- 
 specting. 60, 465-468. 
 
 withdrawing a juror does not entitle 
 either party to any judgment. 78, 781. 
 
 withdrawing a juror, efTect of, in crim- 
 inal cases. 78, 782. 
 
 withdrawing a juror, grounds for permit- 
 ting. 78, 782, 783. 
 
 withdrawing a juror, results accomplished 
 by. 78, 781. 
 
 III. Competency of Jurors, 
 
 Competency and discharge of jurors. 
 
 actual bias presumed from relation of 
 
 jury to a party to the action. 9, 753. 
 bias against the business in which a party 
 
 is engaged. 9, 477. 
 bias is actual or presumed. 9, 745-747. 
 business relations which are conclusively 
 
 presumed to imply bias. 9, 756, 757. 
 
 Competency and discharge of fury — Continued. 
 
 church member is competent. 9, 758. 
 
 discharge of jurors for incapacity, un- 
 fitness, or impropriety of accepted 
 jurors. 1, 522-526. 
 
 discretionary power of court to reject 
 jurors. . 1, 519, 520. 
 
 effect of interest a^ a citizen of a Munici- 
 pal corporation. 9, 750-752. 
 
 effect of interest as a member of h, private 
 corporation. 9, 749, 750. 
 
 effect of interest in the question at issue. 
 9, 749. 
 
 effect of interest in the subject matter. 
 9, 748. 
 
 effect of interest of juror. 9, 748-753. 
 
 effect of membership in association formed 
 to suppress crime or prosecute crim- 
 inals. 9, 759, 760. 
 
 effect of relationship. 9, 753-758. 
 
 employes are disqualified. 9, 756. 
 
 excusing jurors for bias. 1, 521. 
 
 excusing jurors for conscientious scruples. 
 1, 520. 
 
 excusing jurors for having formed opinion. 
 1, 521. 
 
 excusing jurors for ignorance. 1, 521. 
 
 excusing jurors for intoxication. 1, 521. 
 
 excusing jurors for sickness. 1, 521. 
 
 fourteenth amendment as affecting com- 
 petency of colored jurors. 25, 878. 
 
 friendly or unfriendly feeling towards 
 party. 9, 748. 
 
 interest need not be direct. 9, 748, 749. 
 
 membership in the same benevolent or 
 social organization not usually suffi- 
 cient. 9, 757, 758. 
 
 partner must be excused. 9, 757. 
 
 prejudice against crimes. 9, 747, 748. 
 
 prejudiced against the particular class 
 of cases. 9, 747. 
 
 rejecting and excusing jurors by court 
 without challenge. 1, 519-522. 
 
 rejection of jurors? 9, 744-760. 
 
 rejection of jurors for bias. 9, 744-748. 
 
 relationship by affinity disqualifies. 9, 
 754, 755. 
 
 relationship of kindred disqualifies as 
 juror. 9, 753, 754. 
 
 relationship to party beneficially inter- 
 ested disqualifies. 9, 755, 756. 
 
 right to unbiased or unprejudiced jurors. 
 9,. 744, 745. 
 
 social relations not sufficient to show 
 bias. 9, 757. 
 
 statutes attempting to remove disqualifi- 
 cation because of interest. 9, 752, 753. 
 
 sufficient reasons for excusing jurors by 
 court. 1, 520-522. 
 
 surety for a party is disqualified. 9, 756, 
 757. 
 
 unfitness arising after juror's acceptance. 
 1, 524, 526. 
 
 unfitness existing at time of juror's ac- 
 ceptance. 1, 523, 524. 
 
 JUSTICES OF THE PEACE. 
 
 advicfe of justice as defense in action for 
 
 malicious prosecution. 26, 146. 
 bonds of justices, liability on. 91, 574. 
 docketing judgments. 87, 672, 673. 
 
Justification 
 
 INDEX-DIGEST TO NOTES. 
 
 l&O 
 
 Justices of the peace — Continued. 
 
 false imprisonment, liability of justice 
 
 for. 67, 423, 424. 
 habeas corpus, irregularities of justice 
 
 court not reviewable on. 87, 198, 199. 
 
 axrSTIFICATION. 
 
 for criminal prosecution. 26, 160. 
 in slander and libel. 91, 285-309. 
 of private person in assisting officer. 44, 
 137, 138. 
 
 KIDNAPING. 
 
 at common law. 4, 447, 448. 
 
 crime of kidnapping. 4, 447-450. 
 
 indictment for kidnapping. 4, 449, 450. 
 
 punishment for kidnapping. 4, 450. 
 
 under statutes., 4, 448, 449. 
 
 what constitutes the crime. 4, 447-449. 
 
 KIN. 
 
 next of, who are. 12, 107-109. 
 See Descent and Distribution. 
 
 KINDRED. 
 
 inheritance by. 12, 104-113. 
 
 of the half-blood, right to inherit. 12, 
 
 110, 111. 
 relationship of, disqualifies a juror. 9, 
 
 753, 754. 
 succession of, to decedent's estate. 12, 
 
 88-90. 
 
 KLEPTOMANIA. 
 
 as a, defense. 89, 386-388. 
 
 as ground for annulment of marriage. 89, 
 
 388-389. 
 definition of. 89, 386. 
 evidence of. 89, 388. 
 
 KNOWLEDGE. 
 
 of agent, alien imputed to principal. 24, 
 
 230-232. 
 of attorney, when imputed to client. 57, 
 
 914-919. 
 of vendee in fraudulent conveyance, as 
 
 affecting validity of conveyance. 34, 
 
 395-403. 
 
 LABOR. 
 
 combinations to fix price of. 74, 264-268. 
 on highways, right to compel. 74, 667- 
 
 LABORERS. 
 
 claims of, when preference over railroad 
 
 mortgage. 54, 411. 
 liability of stockholders for debts due. 
 
 3, 842-844. 
 who are. 58, 303-309. 
 
 LACHES. 
 
 as bar to relief from judgnients. 54, 259. 
 as bar to relief in equity. 23, 149-151. 
 as a defense to quo warranto proceedings. 
 
 52, 314. 
 as a defense to suits by tax payers. 2, 
 
 104. 
 
 Laches — Continued. 
 
 defined. 2, 796. 
 
 in application for nunc pro tunc entry 
 of judgment. 4, 829, 830. 
 
 in applying for mandamus by members 
 of associations. 59, 202. 
 
 in applying for order to sell real prop- 
 erty of decedent to pay debts. 26, 22- 
 29. 
 
 in enforcing claims. 2, 795-808. 
 
 in moving to vacate judgment. 60, 660- 
 662. 
 
 of attorney, when not chargeable to client. 
 54, 246. 
 
 of beneficiary in not objecting to acts of 
 trustee. 63, 475. i ' 
 
 of reversioner or remainderman in fail- 
 ing to sue adverse holder. 14, 636. 
 
 when a defense in equity. 9, 530, 531. 
 
 LAKES. 
 
 navigable, ownership of soil under. 19, 
 230, 231. 
 
 LANDLORD AND TENANT. 
 I. Leases. 
 II. Estoppel of Tenant. 
 
 III. As^i^nment and Subletting. 
 
 IV. Premises, tlielr Use and Enjoyment. 
 V. Rent. 
 
 I. Leases. 
 
 Leases in general. 
 
 injunction against breach of covenant in 
 
 leases. 90, 643, 644. 
 lease, assignment of. 1, 83. 
 leases made by infants. 18, 589-592. 
 lease of corporate franchises. 35, 402, 
 
 403. 
 lease of corporation should be under seal. 
 
 50, 151. 
 leases, parol changes in. 56, 667. 
 reformation of leases. 65, 520. 
 renewal of lease, right to, whether violates 
 
 rule against perpetuities. 49, 134. 
 
 Parol lease. 
 
 for more than one year, effect of. 17, 
 
 752-757. 
 part performance, effect of. 17, 755. 
 specific performance of parol contract for. 
 
 17, 755, 756. 
 
 Forfeiture of lease. 
 
 assignment of lease as ground of for- 
 feiture, waiver of. 47, 199. 
 election of lessor to forfeit. 26, 911, 912. 
 election of lessor to forfeit must be by 
 
 some positive act. 26, 912. 
 election to forfeit, acts showing. 26, 912, 
 
 913. 
 estoppel of lessee to set up forfeiture 
 
 against lessor. 26, 913. 
 forfeiture must be promptly enforced. 
 
 26, 912. 
 forfeiture not favored. 26, 911, 912. 
 forfeiture of lease for breach of condition 
 
 by lessee. 26, 911-913. 
 forfeiture of leases, relief from. 86. 54. 
 
 55. 
 
151 
 
 INDEX-DIGEST TO NOTES. 
 
 Landlord and Tenant 
 
 Forfeiture of lease — Continued. 
 
 forfeiture of lease, waiver of. 47, 197-199. 
 
 subletting as ground of forfeiture, waiver 
 of. 47, 199. 
 
 suit for forfeiture of lease, precludes ac- 
 tion for future breaches. 10, 493. 
 
 waiver of forfeiture of lease. 47, 197-199. 
 
 waiver of forfeiture of lease by accept- 
 ance of rent. 47, 198, 199. 
 
 H. Estoppel of Tenant. 
 
 Estoppel of tenant to deny Ms landlord's title. 
 actions in which may be asserted. 89 
 
 113, 114. 
 adverse possession by tenant, when be- 
 gins to run. 89, 91, 92. 
 against assignee of tenant. 89, 106, 107. 
 against execution debtor in possession. 
 
 89, 110. 
 against heirs of tenant. 89, 108. 
 against mortgagee of tenant. 89, 108. 
 against mortgagor who takes lease. 89, 
 
 110. 
 against one obtaining possession fraudu- 
 lently. 89, 107, 108. 
 against purchaser holding under contract. 
 
 89, 108. 
 against purchaser of fee from tenant. 
 
 89, 108, 109. 
 against subtenant. 89, 106, 107. 
 against tenant in common. 89, 109. 
 against vendor who becomes tenant. 89, 
 
 109, 110. 
 against wife of tenant. 89, 110. 
 attornment, effect of mistake and fraud 
 
 upon. 89, 103. 
 attornment to paramount title, when 
 
 void. 89, 102. 
 attornment to plaintiff in ejectment ends 
 
 estoppel. 89, 105, 106. 
 attornment to purchaser at execution 
 
 sale ends estoppel. 89, 104, 105. 
 attornment to purchaser at tax sale, 
 
 whether ends estoppel. 89, 105. 
 attornment to purchaser of landlord's 
 
 title ends estoppel. 89, 104. 
 attornment to third person as affecting. 
 
 89, 101-106. 
 attornment, void, effect of. 89, 101-103. 
 attornment, when valid. 89, 104-106. 
 attornment with landlord's consent ends 
 
 estoppel. 89, 104. 
 condition of title as affecting. 89, 71. 
 creation of relation as affecting. 89, 66- 
 
 71. 
 disclaimer and notice, effect of. 89, 90, 
 
 91. 
 eviction by paramount title, tenant not 
 
 estopped after. 89, 99, 100. 
 fraud in creating relation, effect of. 89, 
 
 69, 70. 
 in action for rent. 89, 113. 
 in action for use and occupation. 89, 113, 
 
 114. 
 in ejectment. 89, 114. 
 in favor of assignee of landlord. 89, 111. 
 in favor of executors and administrators 
 
 of landlord. 89, 112. 
 in favor of grantee of landlord. 89, 111. 
 in favor of heir of landlord. 89, 111, 112. 
 in favor of landlord- 89 110, HI. 
 
 Estoppel of tenant to deny Ms landlord's title 
 — Continued. 
 
 in favor of mortgagee of landlord. 89, 
 112, 113. 
 
 in favor of purchaser at judicial sale. 89, 
 113. 
 
 in summary proceedings. 89, 114. 
 
 in unlawful detainer. 89, 114. 
 
 landlord's title as affecting. 89, 71-73. 
 
 misrepresentation in creating relation, ef- 
 fect of. 89, 69, 70. 
 
 mistake in creating relation, effect of. 
 89, 69, 70. 
 
 of tenant at will. 89, 71. 
 
 of tenant by sufferance. 89, 71. 
 
 of tenant holding over. 89, 97, 98. 
 
 of tenant to deny his landlord's title. 89, 
 62-115. 
 
 ouster and disseisin of landlord as affect- 
 ing. 89, 91. 
 
 possession acquired from landlord, tenant 
 is estopped. 89, 93. 
 
 possession by tenant when relation arose, 
 effect of. 89, 94-96. 
 
 possession by tenant when relation arose, 
 effect of fraud in taking lease. 89, 95, 
 96. 
 
 possession by tenant when relation arose, 
 effect of mistake in taking lease. 89, 
 95, 96. 
 
 possession by tenant when relation arose, 
 rule in California. 89, 95. 
 
 possession by tenant when relation arose, 
 tenant is estopped. 89, 94. 
 
 possession given by fraud does not work 
 estoppel. 89, 92. 
 
 possession of tenant as affecting. 89, 92- 
 101. 
 
 public policy, estoppel not allowed to 
 thwart. 89, 69, 73, 75, 115. 
 
 relation must exist. 89, 64-66. 
 
 surrendering possession, disclaimer and 
 notice, when a sufficient. 89, 88-90. 
 
 surrendering possession, effect of. 89, 98, 
 99. 
 
 surrendering possession, necessity for, be- 
 fore asserting adverse possession. 89, 
 87, 88. 
 
 surrendering possession, necessity of, be- 
 fore released from estoppel. 89, 96-101. 
 
 surrendering possession to landlord as af- 
 fecting. 89, 88-90. 
 
 surrendering possession, when sufficient. 
 89, 98. 
 
 tenancy by operation of law, whether 
 works estoppel. 89, 70. 
 
 tenant may acquire landlord's title at 
 execution sale. 89, 81-83. 
 
 tenant may acquire the landlord's title. 
 89, 81-85. 
 
 tenant may acquire title consistent with 
 landlord's. 89, 83, 84. 
 
 tenant may acquire title from landlord. 
 89, 81. 
 
 tenant may show landlord's title expired 
 by operation of law. 89, 77. 
 
 tenant may show landlord's title extin- 
 guished by tax sale. 89, 78. 
 
 tenant may show landlord's title ter- 
 minated by sale. 89, 77. 
 
 tenant may show landlord's title was sold 
 under execution. 89, 78. 
 
Landlord and Temant 
 
 INDiEX-DIGEST TO NOTES. 
 
 152 
 
 Estoppel of tenant to deny his landlord's title 
 — Continued. 
 
 tenant may show termination of landlord's 
 
 title. 89, 76-79. 
 tenant may show termination of land- 
 lord's title though he continues to pay 
 rent. 89, 78, 79. 
 tenant must admit title to be in landlord. 
 
 89, 66. 
 tenant not show that landlord's title has 
 
 escheated to the state. 89, 79. 
 tenant's right to acquire adverse title. 
 
 89, 79. 
 tenant 's right to acquire, title. 89, 79-92. 
 tenant, whether may acquire landlord's 
 
 title at tax sale. 89, 84, 85. 
 termination of relation, effect of. 89, 
 
 100, 101. 
 termination of landlord's title, tenant may 
 
 show. 89, 76-79. 
 to assert adverse title. 89, 80, 81. 
 to assert adverse title, when not. 89, 80, 
 
 81. 
 to assert title by adverse possession. 89, 
 
 85, 86. 
 to assert title by adverse possession be- 
 fore surrendering possession. 89, 87-92. 
 to assert title by adverse possession, when 
 
 none. 89, 91, 92. 
 to claim adversely to landlord. 89, 86, 
 
 87. 
 to deny title as existed at date of lease. 
 
 89, 71. 
 to purchase encumbrance against landlord. 
 
 89, 83. 
 valid lease, necessity of, to work estoppel. 
 
 89, 67-69. 
 void lease, effect of. 89, 67-69. 
 waiver of right. 89, 114. 
 where landlord claims greater title than 
 necessary to support the lease. 89, 75. 
 where landlord devised the leased prem- 
 ises to tenant. 89, 83. 
 where landlord has no title. 89, 71, 72. 
 where landlord's title is different from 
 
 that supposed. 89, 72, 73. 
 where landlord's title is invalid. 89, 73. 
 where tenant not take possession under 
 
 his lease, no estoppel. 89, 92, 93. 
 where title is in another than landlord. 
 
 89, 73-75. 
 where title is in private person. 89, 73, 
 
 74. 
 where title is in the government. 89, 74, 
 
 75. 
 who is estopped. 89, 106-110. 
 who may assert estoppel. 89, 110-113. 
 
 111. Assignment and Subletting. 
 
 Assignment of leases and subletting. 
 
 assignable qualities of leases in general. 
 
 10, 557-559. 
 assignment and sublease, distinction. 1, 
 
 83. 
 assignment for years is a chattel real. 10, 
 
 557. 
 assignment of leases. 1, 83; 10, 557-565. 
 assignment of lease, assent of lessor to. 
 
 10, 563. 
 assignment of lease, stipulations against. 
 
 10, 557-560. 
 
 Assignment of leases and subletting — Cont'd. 
 
 assignment or sublease, effect of, distin- 
 guished. 10, 560, 561. 
 
 assignment over by assignee of lease. 10, 
 559, 560. 
 
 commencement and termination of as- 
 signee's liability. 10, 561-564. 
 
 liability general of lessee and his assignee. 
 10, 559. 
 
 rights of assignee after assignment. 10, 
 562. 
 
 rights of lessee after assignment. 10, 562, 
 563. 
 
 subleasing, effect of. 10, 560. 
 
 subletting as ground of forfeiture, waiver 
 of. 47, 199. 
 
 under tenant not liable to original lessor. 
 10, 564. 
 
 IV. Premises, their Use and Enjoyment. 
 
 Abandonment of premises. 
 
 abandonment of premises, general prin- 
 ciples governing tenant's right. 38, 
 476, 477. 
 
 acts of third parties, when justify aban- 
 donment by tenant. 38, 484. 
 
 circumstances arising after commencement 
 of tenancy, effect on right of abandon- 
 ment. 38, 482. 
 
 circumstances for which lessor not re- 
 sponsible, no ground for abandonment. 
 38, 484, 485. 
 
 express stipulation, effect of, on right to 
 abandon premises. 38, 481. 
 
 fraud of lessor, effect of, on right of aban- 
 donment. 38, 480, 481. 
 
 furnished house rented for short time, 
 abandonment of. 38, 479. 
 
 lessor's acts, abandonment by reason of 
 38, 485-492. 
 
 possession, failure to give lessee, effect on • 
 right of abandonment. 38, 481, 482. 
 
 tenant abandoning premises, what iusti- 
 fies. 38, 476-492. 
 
 Enjoyment of premises generally. 
 
 breach of covenant for quiet enjoyment, 
 what is. 53, 115. 
 
 covenant for quiet enjoyment is implied 
 in. 53, 113. 
 
 fire insurance, increase of risk in by ten- 
 ant. 66, 695, 696. 
 
 implied warranty that premises are suit- 
 able. 38, 477, 478. 
 
 inspecting premises, duty of intending 
 lessee. 38, 478, 479. 
 
 redemption by tenant from foreclosure 
 sale. 21, 248. 
 
 right of landlord to reserve title to or 
 lien upon crops to be raised by tenant. 
 14, 166-168. 
 
 warranty that premises are suitable, not 
 implied. 38, 477, 478. 
 
 Eviction. 
 
 eviction, intent to make, inferred from 
 acts affecting tenantable qualities of 
 leased premises. 38, 488-490. 
 eviction, intent to make, inferred from 
 acts materially changing premises. 38, 
 488. 
 
153 
 
 INDEX-DIGEST TO NOTES. 
 
 Larceny 
 
 Eviction — Continued. 
 
 eviction, intent to make, inferred from 
 
 lessor's acts of ownership over leased 
 
 premises. 38, 486-488. 
 eviction, intent to make, whether question 
 
 for court or jury. 38, 486. 
 eviction, intention to remove tenant a 
 
 material element of. 38, 486. 
 eviction may be actual or constructive. 
 
 53, 115. 
 eviction of tenant, what constitutes. 38, 
 
 485, 486. 
 eviction, partial, by lessor, effect of. 38, 
 
 491, 492. 
 eviction which justifies abandonment. 38, 
 
 485, 486. 
 nuisance on premises, when equivalent to 
 
 eviction. 38, 490, 491. 
 
 Holding over. 
 
 ejectment for holding over. 70, 533. 
 holding over creates a new tenancy at the 
 
 election of the landlord. 70, 533. 
 holding over, ejectment against tenant 
 
 guilty of. 70, 533. 
 holding over, what is a. 70, 533-538. 
 
 Injuries from defective premises. 
 
 concealed defects in leased premises, lia- 
 bility of landlord for. 66, 788. 
 
 contagious diseases on leased premises, 
 liability of landlord for injuries suf- 
 fered from. 66, 787, 788. 
 
 dangerous condition of premises, landlord, 
 when not answerable for. 66, 785. 
 
 latent defects in leased premises, duty 
 of the landlord respecting. 66, 786. 
 
 landlord's liability for spreading con- 
 tagion. 47, 552. 
 
 elevators, landlord's liability to tenant 
 for injuries from. 56, 807. 
 
 elevators, landlord's liability to visitors 
 for injuries from. 56, 807. 
 
 liability of landlord to third persons. 66, 
 785, 786, 787. 
 
 liability of property owner for illegal sale 
 of liquor upon leased premises. 12, 
 354. 
 
 nuisance, duty of the landlord to abate 
 before leasing. 66, 787. 
 
 nuisance on property, liability of land- 
 lord or tenant for. 86, 515-520. 
 
 tenant's duty to inspect premises and to 
 satisfy himself of their condition. 38, 
 478, 479; 66, 786. 
 
 Repairs and improvements. 
 
 betterments, lessee, when recover for. 81, 
 181. 
 
 betterments, tenant cannot recover for. 
 81, 181. 
 
 covenant to repair building destroyed 
 without fault of the lessee is not im- 
 plied. 61, 566. 
 
 covenant to repair obligates lessee to re- 
 build or restore property destroyed 
 without his fault. 61, 566, 567. 
 
 repairs as betterments. 81, 165. 
 
 repairs, covenant for, whether imposes an 
 obligation to restore or rebuild. 61, 
 566-568. 
 
 Repairs and improvements — Continued. 
 
 restoring building, landlord's duty of. 38, 
 482-484. 
 
 restoring destroyed building, effect of stip- 
 ulations in lease. 38, 483. 
 
 restoring destroyed building, landlord's 
 duty of, at common law. 38, 482. 
 
 restoring destroyed building, landlord's 
 duty by statute. 38, 482, 483. 
 
 restoring destroyed building, where only 
 part of building is leased. 38, 483, 484. 
 
 trade fixtures, right of tenant to remove. 
 84, 883-887. 
 
 Rent. 
 
 V. Rent. 
 
 acceptance of rent as waiver of forfeiture 
 of lease. 47, 198, 199. 
 
 apportionment of rent from partial de- 
 struction of the leased premises. 61. 
 570, 571. 
 
 apportionment of rent, no right of is cre- 
 ated by a destruction of the leased 
 buildings. 61, 569. 
 
 assignment of rent as equitable mortgaee. 
 4, 702. ^ ^ 
 
 destruction of improvements does not re- 
 lieve lessee from liability for rent. 61 
 568. 
 
 destruction of improvements does not re- 
 lieve from liability for. 61, 367, 568. 
 
 interpleader, tenant may maintain. 91, 
 607. 
 
 liability of infant for rent. >18, 589-592. 
 
 paramount title, when justifies cenant in 
 refusing payment of rent. 70, 113, 114. 
 
 receivers of rents, when proper. 72, 92, 
 
 rent of apartments, destruction by fire 
 
 releases lessee from liability for. 61, 
 
 571. 
 rent secured by appeal bond. 38, 717. 
 setoff as between landlord and tenant. 
 
 47, 591. 
 suit by lessor on contract of sublessee. 71. 
 
 194. 
 tenants in common accountins' for rents 
 
 35, 418. 
 rent, total destruction of leased premises 
 
 entitles lessee to abatement of. 61, 571 
 
 572. 
 
 Lien for rent. , 
 
 crops reserved not subject to attachment 
 
 for tenant's debt. 14, 166. 
 lien on crop stipulated for in lease. 14. 
 
 167. 
 lien on crop to secure rent. 14, 166. 
 lien, when postponed in favor of morteaee. 
 
 14, 167. ^ ^ 
 
 right of landlord to reserve title to or 
 
 lien on crops to be raised by tenant. 
 
 14, 166-168. 
 vendee of landlord succeeds to his right 
 
 14, 168. * 
 
 LARCENY. 
 I. The Offense. 
 II. Frosecntlon, 
 
liateral Support 
 
 INDEX-DIGEST TO NOTES. 
 
 154 
 
 I. The OSense. 
 
 Larceny. 
 
 animals, larceny of. 88, 587, 588. 
 asportation, what is. 88, 584, 585. 
 bailee, when may commit larceny. 88, 
 
 576-578. ■ 
 bailee who has mere custody may com- 
 mit larceny. 88, 576-578. 
 by husband or wife from each other. 88, 
 
 597. 
 by servants of sleeping-car company, lia- 
 bility of company. 26, 336, 337. 
 carriers, when commit larceny. 88, 579, 
 
 580. , 
 
 carrying away, what constitutes. 88, 584, 
 
 585. 
 changing money, when constitutes larceny. 
 
 88, 578, 579. 
 consent induced by fear or fraud, effect 
 
 of. 88, 599. 
 consent of owner, effect of. 72, 702, 703. 
 consent of owner, larceny must be with- 
 out. 88, 597, 598. 
 consent of owner to entrap thief, effect 
 
 of. 88, 598, 599. 
 crime of. 88, 559-608. 
 custody and possession in larceny. 88, 
 
 575-584. 
 definition of. 88, 561. 
 distinguished from false pretenses. 25, 
 
 391. 
 dogs, larceny of. 88, 588, 589. 
 embezzlement distinguished from. 87, 21, 
 
 22. 
 false personation, obtaining property by, 
 
 when is larceny. 88, 574, 575. 
 hirer or borrower property, when can 
 
 commit larceny. 88, 580. 
 intent, character of, what must be. 88, 
 
 605-608. 
 intent, felonious, is necessary. 88, 600, 
 
 601. 
 intent to claim reward. 88, 606, 607. 
 intent to convert property must exist. 
 
 88, 605, 606. 
 intent to deprive owner of property is 
 
 sufficient. 88, 606. 
 intent to injure or destroy property is 
 
 larceny. 88, 608. 
 intent to return or account for property, 
 
 when not larceny. 88, 607. 
 intent to steal, must exist at time prop- 
 erty is taken. 88, 601-603. 
 intent to steal, necessity for, in cases of 
 
 finding lost property. 88, 603, 604. 
 intent to use and abandon property is not 
 
 larceny. 88, 607, 608. 
 kleptomania a defense. 89, 386-388. 
 kleptomania, definition of. 89, 386. 
 lost property, intent to steal, necessity 
 
 for. 88, 603, 604. 
 lost property, larceny of. 88, 691-594. 
 lost property, what constitutes larceny 
 
 of. 88, 591-594. 
 lucri causa not essential to crime. 88, 
 
 605, 606. 
 of dogs at common law. 67, 290. 
 of one's own property. 88, 596, 597. 
 of property delivered by mistake. 88, 
 
 599, 600. 
 
 Larcen y — Continued. 
 
 ownership of another essential to. 88, 
 
 595. 
 ownership of another, what is sufficient. 
 
 88, 595. 
 personal property which may be stolen. 
 
 88, 586-595. 
 place where committed. 44, 82, 83. 
 possession acquired lawfully, larceny can- 
 not be committed. 88, 568, 569. 
 possession and custody, distinction be- 
 tween, in the law of larceny. 88, 575. 
 possession by servants or agents. 88, 
 
 580-583. 
 possession obtained by fraud or false 
 
 representations, when constitutes lar- 
 ceny. 88, 569-571. 
 possession only must be parted with to 
 
 constitute larceny. 88, 571-573. 
 property annexed to freehold, larceny of. 
 
 88, 589, 590. 
 property savoring of realty, larceny of. 
 
 88, 590, 591. 
 sale of goods through fraud not larceny 
 
 if title is intended to pass. 88, 573, 
 
 574. 
 servants and agents, when can commit 
 
 larceny. 88, 580-583. 
 statute as affecting the rule that trespass 
 
 must be committed. 88, 583, 584. 
 stealing letters is criminal. 58, 602, 603. 
 taking by fear. 88, 563. 
 taking by force. 88, 562. 
 taking, employing innocent third person 
 
 to do, effect of. 88, 564, 565. 
 taking possession by thief, necessity of 
 
 actual. 88, 565, 566. 
 taking under claim of right is not larceny. 
 
 88, 604, 605. 
 taking, what constitutes. 88, 561-566. 
 taking, whether must be secret. 88, 563, 
 
 564. 
 title to property passes, offense is not 
 
 larceny. 88, 571-573. 
 trespass by bailee, when committed. 88, 
 
 576-578. 
 trespass, false playing for money may 
 
 amount to. 88, 573. 
 trespass in case of lost goods. 88, 567, 
 
 568. 
 trespass, sale of goods through, when con- 
 stitutes. 88, 573, 574. 
 trespass to general possession of owner, 
 
 what constitutes. 88, 566, 567. 
 trespass, what constitutes. 88, 566-584. 
 trespass, when carriers commit. 88, 579, 
 
 580. 
 
 II. Frosecntlon. 
 
 indictment, description of money in. 10, 
 
 174, 175. 
 kleptomania, evidence of. 89, 388. 
 
 LATERAL SUPPORT. 
 
 damages for interference with. 5. 537. 
 538. 
 
 municipal liability for removing, in grad- 
 ing streets. 34, 845-849. 
 
 right to, and doctrines concerning. 33, 
 446-476. 
 See Adjoining Land Owners. 
 
155 
 
 INDEX-DIGEST TO NOTES. 
 
 Lex Loci Eei Sitae 
 
 LAW OF THE CASE. 
 
 conclusiveness of judgment in appellate 
 
 court. 15, 143, 144. 
 •what is. 11, 341, 342. 
 
 LAW OF THE BOAD. 
 
 doctrines concerning. 48, 366-381. 
 
 LAY DAYS. 
 
 definition of. 30, 639. 
 
 LEASES. 
 
 assignment of. 1, 83. 
 assignment of, and the rights and liabil- 
 ities of lessor, assignee, and assignor 
 
 thereafter. 10, 557-565. 
 by guardian of ward's realty. 89, 309, 
 
 310. 
 by one cotenant of mine. 91, 881, 882. 
 executor's, liability of upon. 52, 127. 
 Hen on crop reserved to landlord by. 14, 
 ■ 167. 
 
 made by infants. 18, 589-592. 
 of corporate franchises. 35, 402, 403. 
 of corporate property, whether ultra vires. 
 
 70, 163. 
 of party-walls. 89, 945. 
 of railroads, lessor's liability to others 
 
 than lessee. 58, 147-156. 
 parol changes in. 56, 667. 
 parol, for more than one year, effect of. 
 
 17, 752-757. 
 ratification of, by infants. 18, 713-715.. 
 reformation of. 65, 520. 
 
 See Landlord and Tenant, 
 suit for forfeiture of, precludes actions 
 
 for future breaches. 10, 493. 
 unauthorized, of railroad is void. 58, 148. 
 wills in the form of. 89, 494. 
 
 LEGACIES. 
 
 abatement of. 8, 720-726. 
 
 conditions precedent and subsequent, in 
 
 what are. 70, 834, 835. 
 conditions subsequent annexed to, whether 
 
 can become impossible of performance. 
 
 70, 835. 
 definition of. 8, 720-722. 
 illegal conditions annexed to. 70, 836. 
 lapsed, fall into residuum. 48, 197, 198. 
 payment of, by executors. 78, 205-207. 
 presumption of payment. 18, 883. 
 sale of decedent's estates for the payment 
 
 of. 79, 86. 
 
 See Wills, 
 specific legacies, when abate. 8, 720-724. 
 taxation of. 8, 508. 
 when vested and when contingent. 10, 
 
 471-479. 
 
 LEGATEES. 
 
 identification of, by extrinsic evidence. 
 50, 281. 
 
 LEGISLATURE. 
 
 apportionments by, judicial investigation 
 
 of. 35, 62-67. 
 authorizing telegraph poles in highways. 
 
 28. 229. 
 
 Legislature — Continued. 
 
 cannot declare forfeiture of corporate 
 franchise. 8, 197, 198. 
 
 control over the property of municipali- 
 ties. 35, 529-540. 
 
 eminent domain, when deemed sole judge 
 of necessity of taking property under. 
 88, 939-941. 
 
 granting authority to transfer corporate 
 franchises. 35, 394-397. 
 
 journals of, to impeach passage of bill. 
 ^ 47, 816-822. 
 
 liability of members of, for false imprison- 
 ment. 67, 427. 
 
 power of appointment to oflioe. 13, 128- 
 144. 
 
 power of, to change boundaries of coun- 
 ties. 20, 676. 
 
 power of, to enact laws for dissolution of 
 corporations. 8, 180. 
 
 power of, to impose, repeal, or modify 
 statutory liability of stockholders. 3, 
 867, 868. 
 
 power of, to judge of election and quali- 
 fication of members. 16, 220-224. 
 
 power to make conclusive evidence. 36, 
 682-689. 
 
 power to vacate streets. 46, 493, 494. 
 
 proceedings of, publication of, when li- 
 belous. 15, 360, 361. 
 See Constitutional Law; States. 
 
 when may authorize sale of real property 
 of decedents. 79, 82-92. 
 
 LETTERS. 
 
 as evidence in conspiracy. 3, 484, 485. 
 between husband and wife as evidence. 
 
 29, 414-418. 
 obscene, prohibition against mailing. 58, 
 
 597. 
 wills in the form of. 89, 491, 492. 
 
 LETTERS OF ADMINISTRATION. 
 
 See Executors and Administration, 
 when may be attacked collaterally. 81, 
 
 535-562. 
 
 LEX FORI. 
 
 effect of, on damages in contract, actions. 
 
 91, 720-725. 
 married women, when apt>licable to trans- 
 ■ actions of. 46, 452. 
 
 LEX LOCI CONTRACTUS. 
 
 contracts of married women governed bv- 
 
 85, 566-568. 
 contribution among sureties not governed 
 
 by. 10, 640. 
 rules governing place of contract. 55, 
 
 44-55. 
 validity of marriage determined by. 60, 
 
 942. 
 
 LEX LOCI DELICTI. 
 
 governs in fixing damages for torts. 91, 
 729, 730. 
 
 LEX LOCI REI SITAE. 
 
 effect of, on allowing interest as damages. 
 91, 734. 
 
Libel and Slander 
 
 INDEX-DIGEST TO NOTES. 
 
 156 
 
 Lex loci rei sitae — Continued. 
 
 effect of, on damages in contract actions. 
 91,_ 717. 
 
 married women, when applicable to con- 
 tracts of. 46, 450. 
 
 real property rights of married women 
 governed by. 85, 553-556. 
 
 LIBEL AlTD SLANDER. 
 I, fVords Actlonaltle and Liability. 
 II, Privileged Commnnieations and 
 Malice. 
 
 III. Jnsliflcation and Mitigation. 
 
 IV. Actions. 
 
 V. Criminal Libel. 
 
 1. "Words Actionable and Liability. 
 
 Libel and slander. 
 
 by servant, master's liability for. 54, 86. 
 
 corporations, liability of, for. 59, 594. 
 
 disbarment of attorney for. 45, 77. 
 
 innuendo, difference between and an aver- 
 ment. 53, 698. 
 
 innuendo, meaning of. 53, 698. 
 
 mails, use of, to commit. 58, 603. 
 
 of agent, principal's liability for. 88, 794. 
 
 of a class, averment essential to sustain 
 a recovery for. 70, 755. 
 
 of a class, when justifies a recovery by 
 an individiial. 70, 754, 755. 
 
 of a group, class, or list of persons. 70, 
 754-757. 
 
 oflSeers of corporation, liability for libel. 
 48, 923. 
 
 of several in one publication. 70, 756, 
 757. 
 
 partnership, liability for. 67, 39. 
 
 upon judges which are contempts of court. 
 50, 584. 
 
 words spoken by attorney in progress of 
 a, suit. 9, 419. 
 
 words spoken in a judicial proceeding. 
 9, 420-422. 
 
 words used by counsel in course of trial. 
 6, 827. 
 
 words used by witness at trial. 6, 825. 
 
 words used in course of trial not, in ab- 
 sence of malice. 6, 825-828. 
 
 Newspaper liiel. 
 
 arising from error or inadvertence. 15, 
 
 337. 
 authors and artists, criticism of. 15, 335- 
 
 339. 
 church member, publishing charges 
 
 against. 15, 348. 
 commercial agencies, publication by. 15, 
 
 348. 
 distributers and venders, liability of. 15, 
 
 336. 
 head lines may render articles libelous. 
 
 15, 347. 
 ignorance that publication was libelous. 
 
 15, 338. 
 judicial officers, publication concerning, 
 
 when libelous. 15, 352. 
 judicial proceedings, comment upon, when 
 
 libelous. 15, 362-368. 
 legislative proceedings, publication of. 
 
 15, 360, 361. 
 
 Newspaper libel — Continued. 
 
 liberty of press defined. 15, 343. 
 
 news, false and defamatory, is not. 15, 
 
 345. 
 newspaper libel. 15, 333-369. 
 persons answerable for libel. 15, 334. 
 printer, liability of. 15, 326. 
 proprietor of newspaper, liability. 15, 
 
 334-336. 
 public meeting, libelous statements about. 
 
 15, 347. 
 public officer, criticism of. 15, 349-351. 
 retraction of libel. 15, 391. 
 statutes modifying law of libel. 15, 346, 
 
 347. 
 truth as a, defense. 15, 340, 368. 
 
 II. Prlylleged Commnnieations anil 
 Malice. 
 
 Malice. 
 
 intention to produce probable result pre- 
 sumed. 15, 339. 
 
 judicial proceedings, publication for 
 malicious motives. 15, 369. 
 
 malice in newspaper libel. 15, 337-391. 
 
 malice of reporters -md other subordi- 
 nates. 15, 341. 
 
 malice, what is. 15, 337-391. 
 
 presumption of malice. 15, 338. 
 Privileged communications. 
 
 authors and artists, attacks on character 
 not privileged. 15, 359. 
 
 judicial proceedings, when privileged. 15, 
 361-369. 
 
 legislative proceedings, publications are 
 privileged. 15, 360, 361. 
 
 news, false and defamatory is not privi- 
 leged. 15, 345. 
 
 newspapers cannot publish libels as news. 
 15, 343-346. 
 
 periodicals, publication of, when privi- 
 leged. 15, 348. 
 
 private corporations, publications concern- 
 ing not privileged. 15, 358. 
 
 privileged communications in newspaper 
 libel. 15, 343-361. 
 
 public corporations, publications concern- 
 ing, when privileged. 15, 358. 
 
 public entertainments, criticisms of, are 
 privileged; 15, 359. 
 
 public officer, criticism of, when privi- 
 leged. 15, 349-351. 
 
 III. Justification and Mitigation. 
 
 Justification. 
 
 justification, apology or retraction is not. 
 
 91, 288. 
 justification, belief in the truth of the 
 
 defamatory charge is not. 91, 288. 
 justification by pleading different or lesser 
 
 crimes or acts. 91, 294, 295. 
 justification, defenses which do not 
 
 amount to because not affirming truth 
 
 of defamatory matter. 91, 287, 288. 
 justification, evidence of. 91, 306-309. 
 justification, existence of prior reports is 
 
 not. 91, 287, 288. 
 justification in slander and libel. 91, 285- 
 
 309. 
 justification, intent of defendant is not. 
 
 91, 288. 
 
157 
 
 INDEX-DIGEST TO NOTES. 
 
 I/ibrariea 
 
 Justification — Continued. 
 
 justification, partial. 91, 290-292. 
 justification, plea of. 91, 292-306. 
 justification, truth as a defense. 91, 288- 
 
 290. 
 justification, truth as a defense in crimi- 
 nal cases. 91, 290. 
 justification, truth is a defense in civil 
 
 cases. 91, 288-290. 
 justification, truth of part of words used 
 
 as a defense. 91, 291, 292. 
 justification, want of injury to plaintiff 
 
 is not. 91, 287. 
 justification where crime has been charged, 
 
 illustrations of. 91, 299, 300. 
 justification, where defendant used part 
 
 only of the defamatory words. 91, 290, 
 
 291. 
 
 Mitigation. 
 
 mitigation of damages, what may be 
 
 proven in. . 15, 339-342. 
 motives of defendant may be proved in 
 
 mitigation. 15, 340, 341. 
 
 IV, Actions. 
 
 Action. 
 
 N injunction against defamatory publica- 
 tions. 35, 675-677. 
 Damages. 
 
 damages, actual, may be recovered. 15, 
 339, 340. 
 
 damages, aggravation of, by plea of justi- 
 fication. 91, 302-305. 
 
 damages, exemplary. 15, 341. 
 
 damages for newspaper libel. 15, 339- 
 342. 
 
 damages, mitigation of. 15, 339-342. 
 
 damages, mitigating by proving that the 
 defendant did not originate the false 
 charges. 55, 611, 612. 
 
 damages, special. 15, 339. 
 
 exemplary damages against corporations. 
 59, 594. 
 
 exemplary damages for libel or slander. 
 28, 880. 
 
 mental anguish as element of damages. 7, 
 535. 
 
 retraction, effect on damages. 15, 341. 
 
 slander as proximate cause of injury. 
 36, 844. 
 
 truth, proof of, to mitigate damages. 15, 
 340. 
 
 Defenses. 
 
 insanity as a defense. 42, 754, 755. 
 truth as a defense in civil action. 15, 
 368. 
 
 Evidence. 
 
 burden of proof of justification. 91, 306. 
 evidence of prior publication of the same 
 
 libelous charge, when admissible. 55, 
 
 611-613. 
 evidence to justify a charge of crime. 91, 
 
 308, 309. 
 evidence of witness as to meaning and 
 
 application of words used. 53, 798-800. 
 general reports of the false charges, 
 
 whether admissible. 55, 611-613. 
 innuendo, evidence to support or explain. 
 
 53, 698, 699. 
 
 Evidence — Continued. 
 
 innuendo, meaning of in action of. 53, 
 
 698. 
 jury as judges of law and fact. 42, 290, 
 
 291. 
 presumption of falseness of charge. 15, 
 
 369. 
 proof of publication and malice. 15, 337. 
 proof required in justification, in civil 
 
 cases. 91, 306-308. 
 proof required in justification, in criminal 
 
 prosecutions. 91, 308. 
 reputation of plaintiff, evidence of, when 
 
 admissible. 15, 342. 
 truth, evidence of, as defense. 15, 340, 
 
 368. 
 Pleadings. 
 
 amendments to pleadings in. 51, 426. 
 general issue or general denial in. 91, 
 
 292, 293. 
 joining justification with inconsistent 
 
 pleas. 91, 301. 
 pleading, different or lesser crimes or acts 
 
 as a justification. 91, 294, 295. 
 plea of justification as evidence of malice. 
 
 91, 302-305. 
 plea of justification, effect of, in aggra- 
 vating damages. 91, 302-305. 
 plea of justification, form of. 91, 296- 
 
 301. 
 plea of justification, form of, when the 
 
 charge involves a mere opinion or con- 
 clusion. 91, 298. 
 plea of justification, form of, when the 
 
 charge is specific in its details. 91, 297, 
 
 298. 
 plea of justification must be as broad a a 
 
 the charge. 91, 293, 294. 
 plea of justification must confess the use 
 
 of the words justified. 91, 300, 301. 
 plea of justification must not be condi- 
 tional or contingent. 91, 295. 
 plea of justification must respond to the 
 
 innuendo. 91, 295, 296. 
 plea of justification, withdrawal of. 91, 
 
 306. 
 plea of partial justification. 91, 300. 
 
 V, Criminal Libel. 
 
 counsel may argue contrary to court's in- 
 structions. 13, 626. 
 
 criminal libel, truth as a defense in. 91, 
 290. 
 
 instructions by court. 13, 626, 627. 
 
 jury, right to determine both law and 
 facts. 13, 625. 
 
 proof required in justification, in criminal 
 libel. 91, 308. 
 
 province of judge and jury in prosecutions 
 for libel. 13, 625-627. 
 
 truth as a defense in criminal prosecution. 
 15, 368. 
 
 LIBERTY OF THE PRESS. 
 
 definition of. 15, 343. 
 does not deprive courts of the power to 
 punish for contempt. 50, 578, 579. 
 
 LIBRARIES. 
 
 for supreme court, taxation for. 16, 370. 
 public, charitable trusts for. 63, 261. 
 
lacensees 
 
 INDEX-DIGEST TO NOTES. 
 
 158 
 
 LICENSEES. 
 
 betterments, when may recover for. 81, 
 
 182. 
 risk of, on land of another. 31, .'524, 525. 
 
 LICENSES. 
 
 Licenses generally. 
 
 fees exacted of interstate commerce. 27, 
 563. 
 
 fees which state may exact over inter- 
 state commerce. 27, 561-563. 
 
 for keeping dogs. 67, 298, 299. 
 
 liability of owner of land for injuries re- 
 ceived by persons who are mere li- 
 censees. 32, 468-472. 
 
 taxes, fourteenth amendment not forbid. 
 25, 886. 
 
 Parol licenses. 
 
 character of. 31, 713, 714. 
 
 easement as extinguished by. 31, 719. 
 
 estoppel to revoke. 31, 717-719. 
 
 irrevocable, examples of. 31, 718, 719. 
 
 irrevocable, when. 31, 717-719. 
 
 nature of. 31, 712-719. 
 
 parol licenses. 31, 712-719. 
 
 revocation by action for damages. 31, 
 
 714, 715. 
 revocation by conveyance of propertv. 31, 
 
 714, 715. 
 revocation by death. 31, 714, 715. 
 revocation of executed. 31, 715-717. 
 revocation of executed license, examples 
 
 of. 31, 716, 717. 
 revocation of unexecuted. 31, 714. 
 
 LIENS. 
 
 against trust estates in favor of creditors 
 or trustees. 19, 67-72. 
 
 by part owner of ships, for debts and ad- 
 vances. 90, 387-390. 
 
 common-law or statutory, when enforce- 
 able in equity. 74, 388, 389. 
 
 equitable, enforcement of, must be in 
 courts of equity. 74, 387-390. 
 
 equitable, when arise. 74, 387. 
 
 for demurrage. 30, 641. 
 
 foreclosure of, lis pendens in suits for. 
 56, 855, 863. 
 
 lien creditors may file creditor's bill. 66, 
 274. 
 
 new mortgage continuing lien of prior one. 
 5, 703-708. 
 
 of attorneys. 51, 251-281. 
 
 of bankers on deposits. 4, 202-204. 
 
 of chattel mortgage on growing crops af- 
 ter severance. 18, 770, 771. 
 
 of corporation on stock. 57, 393, 394. 
 
 of one cotenant on the moiety of another. 
 35, 416-422. 
 
 of partner upon partnership real estate. 
 48, 73. 
 
 of partnership creditors. 43, 370, 371. 
 
 of vendor. 71, 384. 
 
 of vendor, as equitable mortgage. 4, 704- 
 706. 
 
 of vendor, as oral mortgage. 1, 137. 
 
 of vendor of personalty. 83, 451-458. 
 
 of vendor, when exists. 1, 256, 257. 
 
 on corporate property, preferred stock- 
 holders have none. 73, 229, 230. 
 
 Liens — Continued. 
 
 on crops raised by tenant, right of land 
 
 lord to reserve. 14, 166-168. 
 on homestead for purchase price. 86, 174- 
 
 182. 
 on maritime contracts created by state 
 
 statutes. 34, 309, 310. 
 on property of old corporation in hands 
 
 of consolidated corporation. '89, 644- 
 
 646. 
 receivers, against property in hands of. 
 
 71, 359-369. 
 receivers, power of, to create. 83, 72-80. 
 receiver, when lienholdef entitled to. 72, 
 
 73. 
 See Attorney and Client; Judgment; Me- 
 chanics' Lien; Mortgages; Vendor and 
 Purchaser, 
 statutory liens, when a preference over 
 
 railroad mortgages. 54, 422, 423. 
 statutory, on property in hands of re- 
 ceiver. 71, 381, 382. • 
 
 LIFE ESTATES. 
 
 action by life tenant for injuries to in- 
 heritance. 14, 630. 
 
 betterments, tenant for life cannot recover 
 for. 81, 182, 183. 
 
 conveyance by life tenant in fee, effect. 
 14, 629. 
 
 conveyance by life tenant of contingent 
 remainder. 17, 840. 
 
 emblements to which entitled. 14, 631, 
 632. 
 
 estoveis, right to. 14, 631. 
 
 life tenant no power to bind reversioner 
 or remainderman. 14, 636. 
 
 possession by life tenant adverse to re- 
 versioner. 19, 635-639. 
 
 profits, when life tenant entitled to. 14, 
 633. 
 
 receiver to pay taxes when life tenant 
 neglects to. 72, 95. 
 
 redemption from mortgage foreclosure by 
 tenant for life. 21^ 248. 
 
 rights of tenant for life. 14, 628-639. 
 
 UPE IN BEING. 
 
 number of, within rule against perpetui- 
 ties. 49, 122. 
 what is. 49, 122, 123. 
 
 LIFE INSURANCE. 
 
 See Insurance. 
 
 LIFE TABLES. 
 
 standard, to show probable duration of 
 life. 12, 380. 
 
 LIGHT AND AIE. 
 
 easement in streets for passage of. 41, 
 324-328. 
 
 LIMITATION OF ACTIONS. 
 I, statute ot I/linltations. 
 II. Compatatlon of Period of lilmlta- 
 tion. 
 
 III. Part Payment, tiew Promise, and 
 
 "Waiver, 
 
 IV. Effect of Statute. 
 V. Pleading. 
 
159 
 
 INDEX-DIGEST TO NOTES. 
 
 Lis Pendens 
 
 I. Statute of lilmltatlons. 
 
 Statute of limitations in particular actions. 
 
 against actions to recover for nuisances. 
 20, 176-179. 
 
 against counterclaim or recoupment. 3, 
 63, 64. 
 
 against express trusts. 63, 475, 476. 
 
 against receivers, suits by. 71, 355. 
 
 does not run against quo warranto pro- 
 ceedings. 52, 313. 
 
 extinguishment of highways and other 
 easements by. 14, 278, 282. 
 
 in actions for death of human being. 70, 
 686, 687. 
 
 in action for violating right to lateral 
 support. 33, 472, 473. 
 
 in actions on appeal bonds. 38, 714. 
 
 in actions on insurance policies. 28, 583. 
 
 in action to enforce stockholder's personal 
 liability. 3, 872. 
 
 in action to recover unpaid stock subscrip- 
 tion. 3, 827-829. 
 
 in ejectment and similar actions. 4, 382- 
 384. 
 
 in equity. 23, 149. 
 
 in suits for accounting between partners. 
 40, 574-576. 
 
 in suits for contribution from cosurety. 
 10, 647. 
 
 laches in applying for order to sell de- 
 cedent's real property to pay debts. 
 26, 22-29. 
 
 running against reversioner and remain- 
 derman. 14, 634, 635. 
 
 statute of limitations not prevent disbar- 
 ment of attorney. 45, 77. 
 
 II. Computation of Period of Liimitatiou. 
 
 absence from state, when suspends run- 
 ning of statute. 9, 675. 
 absence of one of several debtors from the 
 
 state. 60, 201-205. 
 contribution, action by surety for, cause 
 
 of, when accrues. 60, 208. 
 enjoining action in another state barred 
 
 by statute. 59, 877. 
 joint debtors, absence of one from the 
 
 state, effect of. 60, 201-205. 
 laches, period of statute of limitations as 
 
 constituting. 26, 26. 
 mortgagor, absence of from the state, 
 
 whether keeps mortgage alive as against 
 
 grantee. 60, 205. 
 nonresidence, effect of, upon statute. 9, 
 
 675. 
 
 III. Part Payment, Nctv Promise, and 
 
 Waiver. ' 
 
 acknowledgment or part payment made 
 
 by one eodebtor before the statute has 
 
 run. 65, 687-689. 
 new promise by partner after dissolution. 
 
 40, 565, 566. 
 promise to pay debt barred by, as suflS- 
 
 cient consideration. 39, 739, 740. 
 waiver of statute by executors. 52, 123. 
 
 IV. Effect of Statnte. 
 
 are now regarded as statutes of repose. 
 
 65, 690. 
 bar to personal action not bar a suit to 
 
 foreclose mortgage. 73, 561. 
 
 Limitation of actions — Continued. 
 
 effect on collateral security, where debt 
 is barred. 32, 716. 
 
 new parties to suit, may rely upon stat- 
 ute. 50, 741. 
 
 place of contract, how statute affects. 55, 
 
 54, 55. 
 
 removing defense of, as ex post facto law. 
 
 37, 586, 587. 
 statute not avoided because of ignorance. 
 
 55, 515. 
 
 waiver of statute by executors. 78, 188, 
 189. 
 
 V. Pleading-. 
 
 amendments to pleadings as affecting stat- 
 ute of limitations. 51, 430, 431. 
 
 LIlVnTING LIABILITY. 
 
 by express companies. 61, 363-369. 
 
 of sleeping-car companies, bv notice. 26, 
 
 338. 
 
 See Carriers, 
 special contract, right of carrier to exact 
 
 from shipper. 46, 777-780. 
 
 LIQUORS. 
 
 See Intoxicating Liquors. 
 
 LIQUOB SELLEE. 
 
 pliability of, for acts of intoxicated per- 
 sons. 85, 449-454. 
 
 LIS PENDENS. 
 
 abatement of suit or action, followed by 
 proceedings for foreclosure. 56, 875. 
 
 alienees and grantees of the plaintiff are 
 bound by. 56, 868. 
 
 all are persons affected by the rules of. 
 
 56, 870. 
 
 amendments to the pleadings not intro- 
 ducing any new cause of action. 56, 
 868. 
 
 amendments to the pleadings, when do not 
 bind prior purchasers. 56, 867. 
 
 appellate proceedings, effect of. 56, 875. 
 
 as against new parties to suit. 50, 741. 
 
 assignee in bankruptcy, whether bound by. 
 56, 872. 
 
 bills of review. 56, 876, 877. 
 
 commencement of, what essential to. 56, 
 859, 860. 
 
 continuing effect of, after the entry of a 
 final judgment or decree. 56, 877. 
 
 cross-bill, effect of upon alienees and gran- 
 tees of the plaintiff. 56, 868. 
 
 delay in prosecution of suit, when fatal 
 to the continuing operation of rules of. 
 56, '873, 874. 
 
 diligence in the prosecution of the suit is 
 essential to the continued operation of 
 the law of. 56, 873: 
 
 diligence in the prosecution of the suit, 
 what deemed sufiScienl. 56, 873. 
 
 essentials to the existence of. 56, 866, 
 867. 
 
 foundation of the law. 56, 833. 
 
 in actions for trespass upon real property. 
 56, 864. 
 
 in actions to foreclose liens on personal 
 property. 56, 863. 
 
Littoral Owners 
 
 INDEX-DIGEST TO NOTES. 
 
 160 
 
 Lis pendens — Continued. 
 
 in actions to recover possession of per- 
 sonal property. 56, 863. 
 
 in proceedings against bankrupts and in- 
 solvents. 56, 855. 
 
 in proceedings against tlie administrator 
 and estate of decedent. 56, 855. 
 
 in proceedings to foreclose liens. 56, 855. 
 
 in proceedings to forfeit the charter of a 
 corporation. 56, 864. 
 
 in suits for divorce. 56, 865. 
 
 in suits for the appointment of receiver. 
 56, 866. 
 
 in suits to condemn lands. 56, 853. 
 
 in suits to enforce liens for taxes. 56, 
 856. 
 
 law of. 56, 853-878. 
 
 municipal bonds are exempt from opera- 
 tion of. 51, 824. 
 
 national courts, effect of in proceedings 
 within. 56, 861, 862. 
 
 necessity for rules of. 56, 853. 
 
 negotiable paper, when subject to the 
 rules of. 56, 863. 
 
 new suit, when regarded as a continuance 
 of a pre-existing suit. 56, 874. 
 
 personal property, whether subject to. 
 56, 862. 
 
 process, service of, whether essential to. 
 56, 860, 861. 
 
 property subject to. 56, 862. 
 
 revivor of suit once dismissed, effect of. 
 56, 874. 
 
 rule of, what is. 56, 857. 
 statutes modifying, construction of. 56, 
 856, 857. 
 
 statutes modifying the common-law rules 
 of. 56, 865. 
 
 termination of. 56, 877. 
 
 territorial limits within which the effect 
 
 of is confined. 56, 859, 861. 
 writs of error or review, effect of. 56, 
 875, 876. 
 
 LITTORAL OWNERS. 
 
 rights on navigable streams. 19, 231-233. 
 See Waters and Watercourses. 
 
 LIVESTOCK. 
 
 duties of carriers and shippers of. 63, 
 
 548-566. 
 railroad's liability for injuring. 62, I70. 
 roaming, where taxable. 62, 464, 46^. 
 See Carriers. 
 
 LOCAL ACTIONS. 
 
 See Actions, 
 what are. 22, 22-27. 
 
 LOCAL OPTION. 
 
 laws, social clubs furnishing liquor as 
 violation of. 24, 41. 
 
 LODES. 
 
 cross or intersecting, of mining claims. 
 
 58, 275, 276. 
 entering and leaving a mining claim. 58, 
 
 269-271. 
 
 LODGES. 
 
 jurisdiction of courts over. 68, 863, 864. 
 redress in courts against proceedings in. 
 18, 301, 302. 
 
 LORD CAMPBELL'S ACT. 
 
 creating liability for death of human be- 
 ing. 70, 672. 
 
 LOST PROPERTY. 
 
 larceny of. 88, 591-594. 
 
 larceny of, intent necessary in. 88, 603, 
 
 604. 
 larceny of, what constitutes trespass in. 
 
 88, 567, 568. 
 liability for, of sleeping-car companies. 
 
 5, 35, 36. 
 sale of, effect on title. 3, 197. 
 
 LOTTERIES. 
 
 acts in aid of, as crimes. 78, 255, 256. 
 books, sale of, when a lottery. 16, 43. 
 candy, sale of in box with jewelry as. 16, 
 
 43. 
 definition of. 16, 42. 
 giving prizes at entertainments as. 16, 
 
 47. 
 lottery for charitable purpose. 16, 44. 
 prizes, distribution of, as. 16, 43, 44. 
 prohibition of. 66, 333-336. 
 town lots, distribution of, as. 16, 45. 
 use of mails in aid of. 58, 600. 
 what is a lottery. 16, 42-48. 
 
 LUCRI CAUSA. 
 
 in larceny, not essential. 88, 605, 606. 
 
 MACHINERY 
 
 dangerous, children injured by. 49, 419, 
 
 420. 
 defects in, effect of master's promise to 
 
 repair. 23, 385-388. 
 defects in, known to servant, effect of. 2, 
 
 278. 
 duty of railroad to furnish improved. 65, 
 
 738-742. 
 liability for use of. 36, 827. 
 safe machinery provided by master. 11, 
 
 575-577; 24, 321. 
 
 MAIL AGENT. 
 is a passenger. 61, 99. 
 
 MAIL CARRIER. 
 
 whether are laborers. 58, 308. 
 
 MAILS. 
 
 crimes against, where committed. 44, 83. 
 criminal uses of United States mails. 58, 
 
 595-603. 
 delivery of deed by. 53, 550. 
 use of, which is criminal. 78, 268. 
 
 MAINTENANCE. 
 
 separate suit for, independent of suit for 
 divorce. 77, 228-245. 
 
161 
 
 INDEX-DIGEST TO NOTES. 
 
 Malicious Prosecution 
 
 MALICE. 
 
 as ground for exemplary damages. 28, 
 878, 879. 
 
 evidence of, in action for malicious prose- 
 cution. 26, 156-158. 
 
 in action for malicious prosecution. 26, 
 149-152. 
 
 in conspiracy. 3, 477-479. 
 
 inferring, in action for malicious prosecu- 
 tion. 26, 151, 152. 
 
 in homicide, evidence of threats of defend- 
 ant to show. 89, 693. 
 
 in newspaper libel. 15, 337-341. 
 
 want of probable cause is prima facie evi- 
 dence of. 68, 268. 
 
 MALICIOUS PROSECUTION. 
 I, Nature of Prosecution. 
 II. Probalile Cause. 
 HI. Malice. 
 
 IV. Termination of Prosecution. 
 V. Actions. 
 
 I. Nature of Prosecution. 
 
 Malicious prosecution of criminal charges. 
 
 accusation, truth of facts but no crime 
 
 stated, eflfect. 26, 129, 130. 
 advice of counsel as defense for. 26, 144- 
 
 147. 
 advice of justice of peace or other magis- 
 trate as a defense for. 26, 146. 
 arrest of person, whether essential. 26, 
 
 130, 131. 
 associations for prosecuting criminals, 
 
 liability of. 26, 132. 
 corporations, liability of, for. 26, 131, 
 
 132; 59, 595. 
 defects in the accusation or proceedings, 
 
 effect of. 26, 129. 
 essentials of action. 26, 128. 
 evidence to show who was real prosecutor. 
 
 26, 133, 134. 
 guilty person cannot recover. 26, 138. 
 infants, liability of. 26, 132, 133. 
 married women, liability of. 26, 132, 133. 
 nature of action. 26, 128. 
 of criminal charges. 26, 127-164. 
 partner, liability of, for instituting prose- 
 cution. 26, 132. 
 principal acting through agent, liability 
 
 of. 26, 134, 135. 
 prosecutions which will support the ac- 
 tion. 26, 128-131. 
 real prosecutor is liable. 26, 133, 134. 
 who may be held liable. 26, 131-135. 
 
 II. Probable Cause. 
 
 Proiable cause of malicious prosecution. 
 
 probable cause. 10, 327. 
 
 probable cause, advice of counsel as evi- 
 dence of, effect of character of attorney. 
 26, 145. 
 
 probable cause, advice of counsel is evi- 
 dence of. 26, 143-147. 
 
 probable cause, advice of counsel must be 
 sought in good faith to be evi'denee of. 
 26, 146. 
 
 Index-Digest — 1 1 
 
 Proiable cause of malicious prosecution — 
 Continued. 
 
 probable cause, advice of interested or 
 prejudiced attorney as evidence of. 26, 
 145. 
 
 probable cause, advice of justice of peace 
 or other magistrate as evidence of. 26, 
 146. 
 
 probable cause, belief of accuser in guilt 
 of accused. 26, 140, 141. 
 
 probable cause, conviction of person prose- 
 cuted as evidence of. 26, 142, 143. 
 
 probable cause, definition of. 26, 138, 
 139. 
 
 probable cause, effect on, of failure to dis- 
 close all facts to attorney. 26, 146, 147. 
 
 probable cause, effect on, of want of dili- 
 gence in not sustaining all facts and 
 stating to attorney. 26, 147. 
 
 probable cause, holding accused to answer 
 as evidence of. 26, 143. 
 
 probable cause, instances of. 26, 147, 148. 
 
 probable cause, indictment as evidence of. 
 26, 143. 
 
 probable cause, prejudice and impartiality 
 not inconsistent with. 26, 139, 140. 
 
 probable cause, question for the jury 
 when. 26, 141, 142. 
 
 probable cause, what is. 26, 1S8-149. 
 
 want of probable cause, evidence of 26, 
 155, 156. 
 
 want of probable cause, instances of. 26, 
 149. 
 
 III. malice. 
 
 advice of counsel, whether rebuts malice. 
 
 26, 143. 
 definitions of malice. 26, 150, 151. 
 inferring malice. 26, 151, 152. 
 of agent, whether imputed to principal. 
 
 .26, 134. 
 malice, evidence of. 26, 156-158. 
 necessity of malice. 26, 149-152. 
 question for the jury. 26, 151. 
 
 IV. Termination of Prosecution. 
 
 appeal from judgment, whether prevents. 
 26, 136. 
 
 by discharge by committing magistrate. 
 
 . 26, 135. 
 
 by discharge on habeas corpus. 26, 137. 
 
 by dismissal without trial. 26, 136. 
 
 by entry of nolle prosequi. 26, 136. 
 
 by failure of grand jury to find indict- 
 ment. 26, 135, 136. 
 
 termination of prosecution. 26, 135-138. 
 
 v. Actions. 
 
 Actions for malicious prosecution. 
 answer in. 26, 153. 
 attorney's fees as element of damage. 8, 
 
 161. 
 burden of proof. 26, 153, 154. 
 by agent, principal's liability for. 88, 
 
 793, 794. 
 complaint, existence of probable cause 
 
 must be denied in. 26, 153. 
 damages, attorney's fees as. 26, 163. 
 damages, condition of plaintiff's family 
 
 as. 26, 163. 
 damages, exemplary. 26, 163, 164'. 
 
Managing Agent 
 
 INDEX-DIGEST TO NOTES. 
 
 162 
 
 Actions for malioious prosecution — Continued. 
 
 damages for imprisonment. 26, 163. 
 
 damages for mental suffering. 26, 163. 
 
 damages in. 26, 162, 164. 
 
 damages, mitigation of. 26, 164. 
 
 damages to reputation. 26, 163. 
 
 damages, wealth of defendant, when con- 
 sidered. 26, 164. 
 
 evidence for defendant, bad reputation of 
 plaintiff as. 26, 158, 159. 
 
 evidence for defendant, information de- 
 rived from others as. 26, 161, 162. 
 
 evidence for defendant, judicial proceed- 
 ings as. 26, 158. 
 
 evidence for defendant, mere suspicion or 
 belief not sufficient. 26, 160. 
 
 evidence for defendant, of facts showing 
 justification. 26, 160. 
 
 evidence for defendant, of facts not known 
 to prosecutor. 26, 160. 
 
 evidence for defendant, of his motives. 
 26, 159. 
 
 evidence for defendant, of plaintiff's guilt. 
 26, 160. 
 
 evidence, for defendant, other crimes as. 
 26, 159. 
 
 evidence in. 26, 153-162. 
 
 evidence of failure to indict or hold ac- 
 cused to answer. 26, 154, 155. 
 
 evidence of malice, acts and conduct of 
 prosecutor. 26, 156-158. 
 
 evidence of reputation of plaintiff. 26, 
 156. 
 
 evidence of the proceedings in court. 26, 
 154. 
 
 evidence of want of probable cause, ac- 
 quittal as. 26, 155. 
 
 evidence that prosecution was to accom- 
 plish some collateral purpose. 26, 155, 
 156. 
 
 evidence to prove actual ill will. 26; 156. 
 
 exemplary damages for. 28, 881. 
 
 partnership, liability for. 67, 40, 41. 
 
 pleadings of plaintiff. 26, 152, 153. 
 
 probable cause, evidence to show. 26, 158- 
 161. 
 
 MANAGING AGENT. 
 
 of foreign corporation, on whom process 
 may be served. 85, 930-933. 
 
 Mmidamus_ — Contirmed. 
 
 by private citizen to compel performance 
 of public duty. 7, 484-486. 
 
 carriers, to prevent discrimination by. 
 37, 320, 321. 
 
 laches in applying for by members of asso- 
 ciations. 59, 202. 
 
 relators in matter of public interest, who 
 may be. 7, 434. 
 
 to compel inspection of books and papers. 
 40, 139, 140. 
 
 to compel restoration to membership in 
 associations. 59, 200-202. 
 
 to compel water company to extend mains. 
 81, 479. 
 
 to compel water company to furnish water 
 for irrigation. 81, 488. 
 
 to private corporations to compel perform- 
 ance of duties. 37, 317-323. 
 
 to railroad corporations. 37, 321-323. 
 
 voter, when entitled to writ. 7, 486. 
 
 MANUFAOTUEES. 
 
 combinations among, which are illegal. 
 
 74, 241-248. 
 debris from, deposit of, as nuisance. 30, 
 
 551-557. 
 delivery of goods, when waives defects in. 
 
 37, 539, 540. 
 liability of manufacturers for starting 
 
 fires. 30, 506. 
 property used in, where taxable. 62, 463, 
 
 464. 
 sales of goods to be manufactured. 81, 
 
 45. 
 
 MAPS. 
 
 as evidence of dedication of highway. 57, 
 753. 
 
 MARGINS. 
 
 purchases on, rights and remedies of bro- 
 kers and their clients in. 74, 470-483. 
 sales on. 1, 753, 754, 760. 
 
 MARKETS. 
 
 establishment of, power of municipality. 
 23, 581-584. 
 
 fourteenth amendment not affect estab- 
 lishment of. 25, 887. 
 
 MANDAMUS. 
 
 Mandamus. 
 
 against governor. 31, 294-304. 
 against governor, to compel authentica- 
 tion of statute. 31, 304. 
 against governor, to compel calling of an 
 
 election. 31, 299, 304. 
 against governor, to compel delivery or 
 
 acceptance of bonds. 31, 299, 304. 
 against governor, to compel issuance of 
 
 land certificate or patent. 31, 296, 304. 
 against governor, to compel performance 
 
 of executive functions. 31, 295-299. 
 against governor, to control discretion. 
 
 31, 295. 
 against governor, to control ministerial 
 
 act. 31, 295-304. 
 attacking judgments by. 23, 111. 
 by creditors to compel corporations to 
 
 make calls. 3, 807, 808. 
 
 MARKET VALUE. 
 
 cost of transporting property to a place 
 
 where it has a, whether should be added 
 
 or deducted in ascertaining damages for 
 
 destruction of. 62, 798-800. 
 generally taken in estimating damages in 
 
 condemnation proceedings. 85, 292, 293. 
 measure of damages for destruction of 
 
 property having no. 62, 791-800. 
 of property damaged by change of street 
 
 grade. 30, 847. 
 when a proper test of measure of damages. 
 
 62, 796, 797. 
 
 MARRIAGE. 
 
 affinity of parties, when void or voidable 
 
 because of. 79, 380, 381. 
 age of. 79, 374. 
 
163 
 
 INDEX-DIGEST TO NOTES. 
 
 Marriage 
 
 Marriage — Continued. 
 
 alimony, granting in cases of a void mar- 
 riage. 68, 375, 376. 
 
 annulment of, suit for, physical examina- 
 tion in. 3, 556, 557. 
 
 between persons who go into another state 
 because forbidden to marry in that of 
 their residence. 79, 365-367. 
 
 between Indians and whites, whether void. 
 79, 382. 
 
 between whites and colored persons of 
 African descent. 79, 383. 
 
 bigamous, is void. 79, 378, 379. 
 
 bigamy oases, evidence in. 89, 200, 201. 
 
 bigamy, proof of former marriage in. 47, 
 . 228-232. 
 
 by persons going into another state or 
 country to evade the laws of their domi- 
 cile. 60, 941-946. 
 
 by persons having a living spouse, when 
 not void. 79, 374. 
 
 certificate of, forgery of. 8, 467. 
 
 common-law, states in which not valid. 
 79, 364. 
 
 common-law, what constitutes. 79, 361- 
 364. 
 
 concealment of defects, habits, health, or 
 reputation is not suflSeient to avoid. 
 79, 372, 373. 
 
 condition against marrying a particular 
 person or class of persons is valid. 84, 
 148. 
 
 condition against remarriage is valid. 84, 
 150-152. 
 
 condition against marrying until the per- 
 son reaches a certain age is valid. 84, 
 
 148, 149. 
 
 condition in favor of divorce or separa- 
 tion are against public policy and void. 
 84, 150. 
 
 condition in general restraint of marriage 
 is void. 84, 147, 148. 
 
 conditions in restrain of marriage, valid- 
 ity of. 84, 147-152. 
 
 condition precedent restraining marriage 
 is valid. 84, 149, 150. 
 
 condition requiring donor's consent to 
 marriage, when valid. 84, 149. 
 
 condition subsequent restraining mar- 
 riage, when void and when valid. 84, 
 
 149, 150. 
 
 condition that a donee shall hold the prop- 
 erty until he or she marries is good. 
 84, 149. 
 
 condition unreasonably restraining mar- 
 riage is void. 84, 147, 148. 
 
 consent, want of, makes void. 7^, 370, 
 371. 
 
 contracts for personal services are abro- 
 gated by the subsequent marriage, not- 
 withstanding the married women's acts. 
 73, 899. 
 
 contracts of, express and implied repre- 
 sentations in. 44, 381-387. 
 
 contracts of, made by infants. 18, 627, 
 628. 
 
 contract of, terminated by death. 22, 813, 
 814. 
 
 contracts previously entered into between 
 the parties were extinguished by the 
 common law. 73, 898. 
 
 Marriage— Continued. 
 
 contracted on the high seas or at other 
 places where no laws exist. 60, 947. 
 
 contracted outside of the state or country 
 in evasion of its laws, de'cisions holding 
 it to be invalid. 60, 945-947. 
 
 divorce, contracting before entry of de- 
 cree of. 79, 378. 
 
 divorce in support of second marriage, 
 both spouses must act inconsistently 
 with first marriage. 89, 202. 
 
 divorce, prohibitions against marriage 
 after, have no extraterritorial force. 
 79, 368-370. 
 
 duress, when avoids. 79, 370, 371. 
 
 evading laws of a state or country by 
 going elsewhere to contract. 60, 941- 
 947. 
 
 extraterritorial effect of statutory prohi- 
 bitions of. 60, 941-947. 
 
 foreign, validity of. 79, 364, 365. 
 
 former spouse presumed dead after seven 
 years. 89, 199. 
 
 fraud in procuring does not make void. 
 79, 371-373. 
 
 imbecility which renders void. 79, 376, 
 377. 
 
 incestuous is void. 79, 380, 381. 
 
 infants under age of consent, marriage be- 
 tween, is voidable but not void. 79, 
 374-376. 
 
 intoxication of a party, when avoids. 79, 
 377. 
 
 kleptomania as a ground for annulment of 
 marriage. 89, 388, 389. 
 
 legal at the place of celebration is deemed 
 legal at the domicile of the parties 
 though there forbidden. 60, 941-945. 
 
 lex loci contractus determines the validity 
 of. 60, 942. 
 
 married woman's acts, eiTect of on con- 
 tracts made between the parties before 
 their marriage. 73, 899, 900. 
 
 mental anguish as element of damage for 
 breach of promise. 7, 534. 
 
 of an infant's, effect on right to contract. 
 18, 638. 
 
 of an infant less than seven years of age 
 is void. 79, 375. 
 
 of an insane or incompetent person, ratifi- 
 cation of. 79, 377. 
 
 of an insane or incompetent person, 
 whether void. 79, 376, 377. 
 
 of ward. 89, 280. 
 
 on the high seas, when void. 79, 365. 
 
 partnership dissolved by marriage of par- 
 ners. 31, 936. 
 
 polygamous and incestuous, though valid 
 where contracted, is not recognized 
 elsewhere. 60, 942. 
 
 pregnancy, antenuptial, as a ground for 
 avoiding. 79, 372. 
 
 presumption in favor of second marriage, 
 no inflexible rule. 89, 204-206. 
 
 procured by fraud or duress. 79, 370, 
 371. 
 
 prohibitions of by a state may be given 
 extraterritorial operation as against its 
 citizens. 60, 941. 
 
 promise of, in seduction. 8, 870. 
 
 revocation of a will by. 28, 358, 359. 
 
 second, effect as to inheritance. 12, 90. 
 
Marriage Settlemente 
 
 INDEX-DIGEST TO NOTES. 
 
 164 
 
 Marriage — Contimied. 
 
 second, effect on succession to property. 
 12, 90, 91. 
 
 second marriage, evidence to show invalid- 
 ity of. 89, 200. 
 
 second marriage, presumption in favor of 
 validity of. 89, 198-201. 
 
 second marriage raises presumption that 
 former marriage was dissolved. 89, 
 199, 200. 
 
 second marriage, when no presumption in 
 favor of. 89, 201-204. 
 
 second marriage of absentee, no presump- 
 tion in favor of. 89, 202-204. 
 
 settlements, revocation of. 20, 859-862. 
 
 slaves cannot contract. 79, 383, 384. 
 
 statutes impairing marital obligation, 
 effect of. 84, 449. 
 
 subsequent marriage as affecting amount 
 of damages in action to recover for 
 death of first husband or wife. 12, 381. 
 
 validity of, is governed by the law of the 
 place of contracting. 79, 364. 
 
 valid where contracted is generally valid 
 everywhere. 79, 364. 
 
 void marriages. 2, 117. 
 
 void, civil law, property rights acquired 
 under by an innocent woman. 68, 378. 
 
 void, community property rights cannot 
 arise out of. 68, 376, 378. 
 
 void, delivery up of property acquired dur- 
 ing, where may be decreed. 68, 377. 
 
 void, equitable division of property ac- 
 quired during, when will be decreed. 
 68, 377. 
 
 void, property acquired by the parties dur- 
 ing the existence of, rights of the 
 woman in. 68, 377. 
 void, what is. 79, 361-384. 
 
 Breach of promise of marriage. 
 
 breach of promise of, defenses to. 44, 381. 
 breach of promise of, exemplary damages 
 
 for. 28, 874. 
 consideration for marriage which is 
 against public policy as a defense. 40, 
 173, 174. 
 criminal law, breach of, by plaintiff as a 
 
 defense. 40, 175. 
 defenses to action for. 40, 172-176. 
 disease of either party as a defense. 40, 
 
 175, 176. 
 duress as a defense to. 40, 174, 175. 
 fraud as a defense to. 40, 174, 175. 
 immoral consideration for marriage as a 
 
 defense. 40, 173, 174. 
 infancy as a defense to. 40, 174. 
 intemperate habits of plaintiff as a de- 
 fense. 40, 175. 
 intermarriage of ancestors, frequent, as a 
 
 defense. 40, 175. 
 loss of affection for the plaintiff no de- 
 fense. 40, 175. 
 marriage existing at time of promise, as 
 
 a defense. 40, 174. 
 offer to marry, when a defense. 40, 175. 
 previous contract of plaintiff to marry 
 
 another as a defense. 40, 175. 
 promise of, avoiding for false representa- 
 tions. 44, 386. 
 promise of, defense for breach of. 44, 
 381-383. 
 
 Breach of promise of marriage — Continued. 
 
 promise of, representation implied from. 
 44, 381-386. 
 
 promise of, rescission of, grounds for. 
 44, 381-384. 
 
 rescission, mutual, as a defense. 40, 175. 
 
 return of engagement ring by plaintiff 
 as a defense. 40, 175. 
 
 unchastity of plaintiff as a defense to. 
 40, 172, 173. 
 
 unchastity of plaintiff known to defend- 
 ant, as a defense to. 40, 173. 
 
 MARRIAGE SETTLEMENTS. 
 
 as fraudulent conveyances. 90, 509-514. 
 conflict of laws as affecting. 85, 574-577. 
 on infants. 18, 593-595. 
 revocation of. 20. 859-862. 
 
 See Husband and Wife. 
 
 MARRIED WOMEN. 
 
 acknowledgment by, taken before hus- 
 band. 56, 802. , 
 agency of husband, estoppel to deny. 57, 
 
 176, 177. 
 certificates of, impeaching. 54, 154, 155. 
 conflict of laws respecting the rigjits and 
 
 obligations of. 85, 552-578. 
 covenant of warranty, whether estopped 
 
 by. 57, 170, 171. 
 dedication of highway by. 57, 760. 
 deeds of, reformation of. 65, 509-512. 
 desertion of, effect of on property right.i 
 
 and power to contract. 64, 8B1-871. 
 estoppel against. 57, 169-185. 
 estoppel against by deed cannot arise 
 when deed is improperly executed. 57, 
 170. 
 estoppel against, by judgment. 57, 169. 
 estoppel arising from execution of a mort- 
 gage in blank. 57, 173, 174. 
 estoppel arising from execution of convev- 
 
 ances. 57, 170, 171. 
 estoppel arising from living apart from 
 
 their husbands. 57, 184, 185. 
 estoppel as against husband's creditors. 
 
 57, 175. 
 estoppel by contracting or conveying as 
 
 if unmarried. 57, 182-185. 
 estoppel by declarations and conduct of 
 
 husbands in their presence. 57, 181. 
 estoppel by illegal or void contracts. 57, 
 
 180. 
 estoppel by, representing themselves to 
 
 be unmarried. 57, 182-185. 
 estoppel by representations, conduct, or 
 
 silence. 57, 178. 
 estoppel from exedutibn of promissory 
 
 notes. 57, 177. 
 estoppel of. 10, 21, 22. 
 estoppel, statutes removing disability, ef- 
 fect of. 57, 169. 
 estoppel to deny agency of husband. 57. 
 176, 177. ' 
 
 estoppel to deny recitals in mortgages. 
 
 67, 172, 173. ^ ^ 
 
 estoppel to dispute parol partition of land. 
 
 57, 181, 
 fraud, estoppel arising from. 57, 173, 
 
165 
 
 INDEX-DIGEST TO NOTES. 
 
 Master and Servant 
 
 Married women — Continued. 
 
 fraudulent representations, estoppel aris- 
 ing from. 57, 179. 
 
 liability for torts. 2, 579, 580. 
 
 liability on contract valid where made but 
 not where suit is brought. 46, 448-457. 
 
 living separate from their husbands and 
 conveying or contracting as unmarried 
 women, estoppel arising from. 57, 182- 
 185. 
 
 mortgage, estoppel by recitals in. 57, 
 172-174. 
 
 moving to vacate judgments. 60, 656, 
 657. 
 
 powers of attorney by. 84, 761^772. 
 See Husband and Wife. 
 
 power of, to become partners. 31, 932- 
 936; 34, 339, 340. 
 
 ratification of contracts by. 59, 640. 
 
 reformation of contracts of. 65, 511-513. 
 
 reforming conveyance of. 5, 531. 
 
 stockholders are subject to statutory lia- 
 bility for corporate debts. 3, 867. 
 
 suits by, for relief from judgments. 54, 
 254. , 
 
 MARRIED WOMEN'S ACTS. 
 
 effect of, on wife's criminal liability. 33, 
 
 96. 
 effect on husband's marital rights. 12, 
 
 84. 
 
 MASSES. 
 
 bequests for. 65, 118. 
 charitable trusts for. 63, 267. 
 
 MASTER AND SERVANT. 
 I. Tlie Relation. 
 II. SerTlees and Compensation. 
 
 III. Master's lilablllty to Servant. 
 
 IV. Liabilities for Injnrles to Tlilrd Per- 
 
 sons. 
 V. Interference witli Relation by Third 
 Person. 
 
 I. Tlie Relation. 
 
 Master and servant relation. 
 
 contract of infant to act as servant. 18, 
 619-020. 
 
 contractor, when a servant of his em- 
 ployer. 22, 460-463. 
 
 custody of property by servants in em- 
 bezzlement cases. 87, 33-35. 
 
 effect of relation of servant on competency 
 to act as juror. 9, 756. 
 
 embezzlement by servant. 87, 42. 
 
 fourteenth amendment as affecting right 
 to regulate contracts between. 25, 881. 
 
 parent and child, existence of relation be- 
 tween. 74, 805. 
 
 pilot, when a servant of the owner of the 
 vessel. 22, 462. 
 
 postal clerk not a servant of railway com- 
 pany. 22, 462. 
 
 relation of, when exists. 22, 45.9-463. 
 
 strikes among employes. 61, 706-711. 
 
 Discharge of servant. 
 
 but one action can be sustained for wrong- 
 ful discharge of servant. 51, 515, 516. 
 
 Discharge of servant — Continued. 
 
 constructive services, doctrine of, is gen- 
 erally repudiated. 51, 516, 517. 
 
 relation of, when ceases. 22, 460. 
 
 remedies of an employg wrongfully dis- 
 charged. 51, 515-518. 
 
 wages cannot be recovered by servant 
 after his wrongful discharge. 51, 516, 
 517. ■) I 
 
 wrongful discharge of servant, election 
 of remedies for. 51, 515. 
 
 II. Services and Compensation. 
 
 liability of stockholders for debts due. 
 3, 842-844. 
 
 master's right to inventions made by ser- 
 vant. 52, 820-823. 
 
 III. Master's Liability to Servant. 
 
 Duty and liability to servant generally. 
 
 duty of master to warn servant. 24, 323. 
 
 infant employees, duty of master toward. 
 1, 28-31, 549. 
 
 infant employes, liability for injury to. 
 1, 29, 30. ) ■ 
 
 injury to infant servants. 11, 575-577. 
 
 liability of master for injury to servant. 
 9, 343. ' ! 
 
 mine owner, duty of to prevent injury to 
 employes. 87, 557-595. 
 
 See Mines and Mining. 
 
 servant doing outside duty at direction 
 of fellow-servant, master not generally 
 liable. 85, 626, 627. 
 
 servant volunteering upon duty with 
 which he is not charged, master not 
 generally liable. 85, 622-626. 
 
 surgical attendance on employfis, liabil- 
 ity for. 1, 199. 
 
 validity of contract by which employes 
 waive right to recover from employers 
 for injuries received in course of em- 
 ployment. 3, 255-257. 
 
 warning servant employed in dangerous 
 work, duty of. 1, 29, 548-550. 
 
 Fellow-servants. 
 
 fellow-servants in mines. 87, 575, 576. 
 
 fellow-servants, who are. 1, 31, 32. 
 
 fellow-servants, who are not. 1, 32, 33. 
 
 knowledge by servant of incapacity of 
 fellow- servant. 2, 279. 
 
 master's liability to one servant for negli- 
 gence of another. 54, 92. 
 
 respondeat superior applies to municipal 
 corporations. 22, 462. 
 
 respondeat superior, when applies. 22, 
 459. 
 
 shipowner, when liable for acts of. 31, 
 808, 809. 
 
 train dispatcher and fireman are not. 18, 
 455. 
 
 who are fellow-servants. 9, 342, 343. 
 
 Machinery and appliances. 
 
 care required of master to protect servant 
 
 from defective machinery. 24, 320. 
 defects in machinery known to servant, 
 
 effect of. 2, 278. 
 latent defects, servant not bound to look 
 
 for. 24, 321. 
 
Master and Servant 
 
 INDEX-DIGEST TO NOTES. 
 
 166 
 
 MacMnery and appliances — Continued. 
 
 machinery, defects in, effect of master's 
 
 promise to repair. 23, 385-388. 
 machinery, defects in, liability of master. 
 
 1, 548. 
 machinery, right of servant to assume 
 
 that master has furnished safe. 24, 
 
 321. 
 providing safe machinery. 11, 575-577. 
 railroad company's duty to furnish im- 
 proved appliances. 65, 738-742. 
 safe appliances in mines. 87, 560, 561, 
 
 567-569. 
 safe place to work in mines. 87, 559, 
 
 560, 563-567. 
 
 Risks assumed ty servant. 
 
 by employes in mines. 87, 573-584. 
 
 contributory negligence, knowledge of de- 
 fect in machinery as. 24, 321, 322. 
 
 contributory negligence of servant in con- 
 tinuing to use defective machinery. 23, 
 385. 
 
 knowledge of master concerning risks, 
 how far servant may rely on. 24, 320- 
 323. 
 
 larceny by servants. 88, 580-583. 
 
 latent risks, servant not assume. 24, 
 320, 321. 
 
 risks assumed by servant. 1, 548-550; 2, 
 279; 24, 320-322. 
 
 risk of defective machinery, where master 
 promises to repair. 23, 385-388. 
 
 Tiee-prindpal. 
 
 agent intrusted with master's duties is. 
 
 75, 607. 
 boss of chain gang is, when. 75, 608. 
 bridge builder is, master liable for hia 
 
 acts. 75, 607. 
 carpenter is, when represents master. 75, 
 
 607. 
 conductor of freight train may be, when. 
 
 75, 609, 610. 
 conductor of railway train is generally. 
 
 75, 608-611. 
 definition of. 75, 586. 
 departmental doctrine, application of. 
 
 75, 625, 626. 
 disobeying orders, master not liable for. 
 
 75, 605, 606. 
 elevator managers and instructors may 
 
 be, when. 75, 611. 
 employes may be, when. 75, 611. 
 engineers may be, when and toward 
 
 whom. 75, 612, 613. 
 engineer or railway engine may be, when. 
 
 75, 612. 
 fellow-servant rule not apply to, when. 
 
 75, 605. 
 foreman is onlj fellow-servant when. 75, 
 
 620, 621. 
 foreman of gang is, when doing master's 
 
 work. 75, 617, 618. 
 foreman of gang may be, when. 75, 613- 
 
 621. 
 foreman who han entire charge of busi- 
 ness is. 75, 619, 620. 
 inspectors of machinery and other appli- 
 ances are, when. 75, 621-624. 
 machinists may be, when. 75, 621-624. 
 master mechanic is, when. 75, 626. 
 
 Vice-principal — Contimied. 
 
 may also be fellow-servant. 75, 589-591. 
 millwright may be, in relation to a saw- 
 yer. 75, 626. 
 mining boss is. 75, 627, 628. 
 mining superintendent is. and represents 
 
 the master. 75, 626, 627. 
 one performing personal duty of master 
 
 is. 75, 595. 
 ordinary miner may be, when and when 
 
 not. 75, 627, 628. 
 railroad employes mav be, when. 75, 
 
 628-631. 
 railroad section boss of foreman is gen- 
 erally. 75, 632-634. 
 railroaid section boss or track foreman 
 
 when not a. 75, 634. 
 rank, superiority in, when makes one a. 
 
 75, 605. 
 repairers of machinery are, when. 75, 
 
 621-624. 
 respondeat superior, doctrine of, when 
 
 applies. 75, 601, 602. 
 roadmaster of railroad may be, when 
 
 75, 631. 
 scaffold builders are, when and when not, 
 
 75, 631, 632. 
 section boss is, test as to when. 75, 633. 
 ship officer is, when. 75, 628. 
 shipper of goods is, when, so as to repre- 
 sent railroad company. 75, 634. 
 superintendents of departments may be, 
 
 when. 624-626. 
 superintendent of department, when a fel 
 
 fow-servant. 75, 625. 
 superintendent, when a fellow-servant, 
 
 75, 637. 
 superintendents eenerally may be. 75, 
 
 634-637. 
 switchmen are not, generally. 75, 637. 
 telegraph operators are, when, and when 
 
 not. 75, 637, 638. 
 timber-yard man may be, when. 75, 638. 
 train dispatcher is, generally. 75, 638, 
 
 639. 
 trainmaster is. 75, 639. 
 test of, is the nature of duty of employ^ 
 
 and capacity in which he acted. 75, 
 
 587-590. 
 test of, whether duty to be performed is 
 
 one which master owes to servant. 75, 
 
 588-591. 
 trestle builder is. 75, 639, 640. 
 vice-principal, who is. 18, 456. 
 when one authorized to employ and dis- 
 charge men is, and when not. 75, 587. 
 who is a. 75, 584-640. 
 yard boss of lumber yard may be, when. 
 
 75, 640. 
 
 rV. Iitabllltlea for Injuries to Third Per- 
 sons. 
 
 Liability for acts of servants. 
 
 acts of servant for which master is not 
 liable. 54, 71-93. 
 
 acts of the servant for which the master 
 is answerable. 54, 71. 
 
 acts of the servant outside of his employ- 
 ment. 54, 72, 78, 81, 82. 
 
 arrest made by servant, liability of master 
 for. 54, 85, 87. 
 
167 
 
 INDEX-DIGEST TO NOTES. 
 
 Master and Servant 
 
 Liability for acts of servants — Continued. 
 
 assaults upon passengers, carrier's lia- 
 bility for. 32, 95-101. 
 
 criminal acts of servant, liability of mas- 
 ter for. 54, 85, 87. 
 
 druggists, liability for mistakes of ser- 
 vants. 55, 257. 
 
 exemplary damages for acts of servant. 
 54, 327. 
 
 exemplary damages, masters, when liable 
 for. 28, 876. 
 
 foreman, acts of outside of his employ- 
 ment. 54, 84. 
 
 frauds of servant, liability of master for. 
 54, 87. ; 
 
 implied authority of servants for exer- 
 cise of which a master is answerable. 
 54, 76, 77. , 
 
 independent contractors. 54, 91. 
 
 invitations by servant for which his njas- 
 ter is not answerable. 54, 81, 82. 
 
 liability of master for acts done contrary 
 to his instructions. 54, 73. 
 
 liability of master to one servant for acts 
 of negligence of another. 54, 92. 
 
 liability of sleeping-ear companies for acts 
 of servants. 5, 36. 
 
 libel by servant, liability of master for. 
 54, 86. 
 
 negligence of servant, master when an- 
 swerable for. 54, 73. 
 
 public nuisance created by servants, lia- 
 bility of employer for. 76, 400. 
 
 servants acting for purposes of their own, 
 master is not liable for. 54, 78, 79. 
 
 servant's acts of in keeping dangerous 
 animals. 54, 83. 
 
 servants, liability for conversion by. 24, 
 811, 812. 
 
 servants of third persons, liability for. 
 54, 75. 
 
 tests of liability of master for acts of ser- 
 vant. 54, 72, 82. 
 
 torts committed by servant, liability of 
 master for. 54, 85, 86. 
 
 torts committed by servant outside the 
 line of his duty. 54, 85. 
 
 Liability for acts of independent contractors. 
 
 blasting by, employer, when answerable 
 for injuries caused by. 76, 399, 421. 
 
 bridge, liability of employer for negli- 
 gence of, in erecting. 76, 422. 
 
 buildings, liability of employer fo? negli- 
 gence in erecting. 76, 422, 426. 
 
 corporations, when liable for acts of. 
 76, 410, 411. 
 
 dangerous work done by, liability of em- 
 ployer for. 76, 396, 401, 407. 
 
 definition of. 76, 382. 
 
 employer violating a duty imposed by 
 contract or statute is not exonerated by 
 the employment of. 76, 408, 409. 
 
 fire, liability of employer for negligent 
 starting of. 76, 420. 
 
 highways, liability of employer of, for 
 negligence in constructing. 76, 423. 
 
 illustration of acts and neglects of for 
 which his employer is not answerable. 
 76, 389, 390. 
 
 Liability for acts of independent contractors — 
 Continued. 
 
 injuries which might have been antici- 
 pated, liability of employer for. 76, 
 402, 403. 
 
 instrumentalities furnished by the em- 
 ployer, liability resulting from. 76, 406- 
 
 interference by employer which renders 
 him liable to persons injured. 76, 397. 
 
 intrinsically dangerous work done by, 
 liability of employer for. 76, 396, 401. 
 
 is not a servant of his employer. 76, 393. 
 
 landlord, when liable to tenant for negli- 
 gence of. 76, 423. 
 
 lateral support, liability of employer for 
 acts of in withdrawing. 76, 424. 
 
 liability of employer for acts of. 76, 384. 
 
 liability of employer for injuries result- 
 ing from carrying his own plans. 76, 
 404. 
 
 liability of employer where the thing done 
 necessarily results in the injury of an- 
 other. 76, 403. 
 
 may be employed and paid by the day. 
 76, 389-391. 
 
 mines, liability of employer for negligence 
 of in doing work in. 76, 425. 
 
 municipal corporations, when answerable 
 for negligence of. 76, 417-420. 
 
 negligence of, is not imputable to his 
 employer. 76, 384, 385. 
 
 nuisance created by, employer, when an- 
 swerable for. 76, 391. 
 
 nuisance created by, for which the em- 
 ployer is not answerable. 76, 399-401. 
 
 railway corporations, liability of, for 
 negligence of, in the management of 
 its trains. 76, 413. 
 
 railway corporations, when answerable 
 for acts of. 76, 414. 
 
 railway corporations, when nqt answer- 
 able for negligence of. 76, 411-417. 
 
 ratification by employer of negligent acts 
 of. 76, 409, 410. 
 
 reservation by employer of right to con- 
 trol work of. 76, 396-399. 
 
 respondeat superior, doctrine of, does not 
 apply to. 76, 395, 396. 
 
 scaffolding, liability of employei- for 
 neglects of in erecting and maintain- 
 ing. 76, 425. 
 
 stevedores, when act as. 76, 426. 
 
 streets, liability of employer for ob- 
 structions placed in by. 76, 3^2. 
 
 supervision over by the employer which 
 will not render him liable to third per- 
 sons. 76, 397, 398. 
 
 trespass of, employer is answerable for. 
 76, 392. 
 
 walls, liability of employer of, for negli- 
 gence of respecting. 76, 426. 
 
 who is not a. 76, 384. 
 
 work, reservation of control over by em- 
 ployer. 76, 393, 396. 
 
 V.' Interference «-itli Relation by 
 Third Person. 
 
 Liability for interference between employer 
 and employee. 
 
 action by employ© against one procuring 
 his discharge. 11, 478. 
 
Master of Ship 
 
 INDEX-DIGEST TO NOTES. 
 
 168 
 
 Liability for interference between employer 
 and employee — Continued. 
 
 action for enticing away servant, actual 
 service need not be shown, il, 476. 
 
 action for enticing away servant applies 
 to croppers who are servants. 11, 475. 
 
 action for enticing away servant applies 
 to one doing work by the piece. 11, 
 476. 
 
 action for enticing away servant, obliga- 
 tion of service must be shown. 11, 476, 
 477. 
 
 action for enticing away servant when not 
 lie. 11, 477. 
 
 action for harboring servants of another. 
 11, 477, 478. 
 
 action lies for compelling servant to leave 
 service. 11, 477. 
 
 enticing away servant, action for. 11, 
 474-478. 
 
 enticing away servant not a public of- 
 fense. 11, 478. 
 
 exemplary damages for enticing away 
 servant. 28, 881. 
 
 injunction whether granted to restrain 
 enticement of servant. 11, 478. 
 
 liability of, who interferes between em- 
 ployer and employes. 11, 474-478. 
 
 measure of damages for enticing away 
 servant. 11, 478. 
 
 no action lies for mere attempt to induce 
 servant to leave. 11, 477. 
 
 MASTER OF SHIP. 
 powers of. 31, 802-804. 
 
 MATERIALITY. 
 
 of alteration of written instruments. 80, 
 84-102. 
 
 MAYHEM. 
 
 definition of. 65, 771. 
 
 ear, cutting of was not at the common 
 law. 65, 772. 
 
 ear, cutting or biting off, statutes mak- 
 ing it a mayhem. 65, 772. 
 
 eye, putting out is. 65, 773. 
 
 indictment for, what must state. 65, 775. 
 
 intent essential to crime of. 65, 774. 
 
 nose, cutting off was not at the common 
 law. 65, 772, 773. 
 
 sexual organs, injuries to which consti- 
 tute crime of. 65, 773. 
 
 thumb or toe, shooting or cutting off, 
 whether is. 65, 773. 
 
 tooth, depriving one of when is. 65, 773. 
 
 MECHANICS. 
 
 assignment of lien of. 49, 530-532. 
 lien of. See Mechanic's Lien, 
 when deemed laborers. 58, 307. 
 
 IVTECHANICS' LIENS. 
 
 I. Rlsbt to lilen. 
 
 II. Elilect of lilen. 
 
 III. AsBlgnment of Lien. 
 
 IV. 'Wal'ver or SlBCliarge of Lien. 
 
 V. f^nforcement. 
 
 I. Rlebt to lilen. 
 
 Agreement of owner. 
 
 husband's contract cannot give rise to 
 lien against property of wife. 83, 518. 
 
 husband may act as agent of wife for the 
 purpose of creating lien. 83, 518-520. 
 
 married women, knowledge of work by 
 does not estop them from resisting en- 
 forcement of lien. 83, 522-524.- 
 
 married woman's property, estoppel to 
 deny lien. 83, 520-522. 
 
 subcontractor's right to lien, whether 
 may be destroyed by stipulation in con- 
 tract of original contractor. 19, 699, 
 700. 
 
 written consent of married woman to lien 
 on her property. 83, 524. 
 
 Failure to complete contract. 
 
 abandonment of work, preservation of lien 
 on. 43, 900-902. 
 
 completion of building by owner after 
 abandonment of work. 43, 902, 903. 
 
 contractor's failure to complete building, 
 effect of. 43, 903, 904. 
 
 destruction of building, effect of. 43, 
 905, 906. 
 
 recoupment of damages by the owner 
 upon. 43, 904, 905. 
 
 right to lien, when building is not com- 
 pleted. 43, 900. 
 
 right to lien when, without fault of own- 
 er, building is not completed. 43, 900. 
 
 work is completed when. 43, 900-902. 
 
 Laborers, who are. 
 
 architects, whether are. 58, 308. 
 bartenders, whether are. 58, 306. 
 civil and other engineers. 58, 307. 
 contractors are not deemed to be. 58, 
 
 304, 308. 
 definition of. 58, 304. 
 foremen in coal mines. 58, 306. 
 foremen in manufactories. 58, 306. 
 
 lien laws, who are within the meaning 
 
 of. 58, 306. 
 mechanics, when deemed to be. 58, 307. 
 officers of manufacturing companies. 58, 
 
 307. 
 officers of railway corporations. 58, 307. 
 overseers, whether are. 58, 306. 
 superintendents are not deemed to be. 58, 
 
 305, 306. 
 
 teamsters, whether are. 58, 308. 
 timekeepers for railway corporations. 58, 
 307. 
 
 II. EfCect of lilen. 
 
 Lien on what property. 
 
 for work done upon part of a building or 
 other structure. 65, 167, 168. 
 
 homestead, whether subject to. 45, 384. 
 
 joint tenancy, property held by husband 
 and wife by may be subject to me- 
 chanics' liens. 83, 519. 
 
 on lands of infants. 18, 592, 593. 
 
 receiver, effect of appointment of. 71, 
 375. 
 
 separate structures and thdr appurte- 
 nances intended for a united use. 65, 
 168-170. 
 
169 
 
 INDEX-DIGEST TO NOTES. 
 
 Mines and Minerals 
 
 Lien on what property — Continued. 
 
 upon a bridge or- depot constituting part 
 of u, railway. 65, 172. 
 
 upon disconnected buildings. 65, 165, 
 166. 
 
 upon flumes and ditches constituting parts 
 of irrigation system. 65, 174-176. 
 
 upon homesteads. 40, 445, 448. 
 
 upon irrigation works, whether must ex- 
 tend over the whole thereof. 65, 173. 
 
 upon railways for work done upon a divi- 
 sion or part thereof. 65, 171, 172. 
 
 upon several consolidated mining claims. 
 65, 172, 173. 
 
 whether includes property other than 
 that upon which work was done. 65, 
 165-176. 
 
 Priority of lien. 
 
 priority of, over railroad mortgage. 54, 
 423. 
 
 III. AsBlgnment of liien. 
 
 assignment of lien of mechanics and 
 
 materialmen. 49, 530-532. 
 assignment of perfected lien. 49, 530, 
 
 531. 
 assignment of right to lien. 49, 531, 532. 
 
 IV. "Waiver or Discharge of Lien, 
 
 agreement between original contractor and 
 owner that no lien shall be filed. 19, 
 699, 700. 
 
 death of owner as destroying lien. 43, 
 778, 779. 
 
 waiver of, by accepting mortgage on same 
 property. 41, 764. 
 
 waiver of, taking promissory notes, wheu 
 amount to. 41, 761, 762. 
 
 waiver of, by taking collateral securities. 
 41, 762-765. 
 
 waiver of, by taking notes or other securi- 
 ties. 41, 761-766. 
 
 V. Enforcement. 
 
 attorney's fees in suits for liens, statutes 
 
 allowing. 79, 180. 
 jurisdiction to enforce. 74, 389. 
 recoupment of damages by the owner. 
 
 43, 904, 905. 
 
 MEMBERS. 
 
 in social organization or church not dis- 
 qualify one as juror. 9, 757, 758. 
 
 of mutual benefit insurance societies, 
 rights of. 52, 543-579. 
 
 See Associations; Insurance. 
 
 MENTAL SUFFERING. 
 
 as element of damages. 7, 534-537. 
 
 as element of damages in wrongful at- 
 tachment. 68, 272, 273. 
 
 caused by acts not 'amounting to personal 
 violence, as cruelty. 65, 76. 
 
 damages for, by failure to deliver tele- 
 gram. 10, 788-790. 
 
 damages for, in action for death of 
 human being. 12, 375, 376. 
 
 damages for, in action for malicious prose- 
 cution. 26, 163. 
 
 See Damages. 
 
 MERGES. 
 
 corporation purchasing its own stock not 
 work a. 33, 343. 
 
 of conspiracy in a felony. 3, 491. 
 
 of contract of sale in deed. 16, 622-624. 
 
 of corporations, how differs from consoli- 
 dation. 89, 608, 609. 
 
 of crimes. 5, 899-901. 
 
 of one corporation in another, liability 
 for debts. 59, 549, 550. 
 
 MESSAGES. 
 
 telegraph, damages in actions for failure 
 to send or deliver. 10, 778-790. 
 
 MILITIA. 
 
 courts-martial, jurisdiction of, may be 
 raised in federal courts on habeAS cor- 
 pus. 87, 203. 
 
 MINES AND MINERALS. 
 I. Public Mineral Lands. 
 II. Title, Conveyances, and Contracts. 
 III. Operation of Mines. 
 
 I. Pnblic Mineral Lands. 
 
 Mining claims. 
 
 abandonment and forfeiture of mining 
 
 claims. 87, 403-416. 
 abandonment, burden of proving. 87, 414. 
 abandonment, definition of. 87, 403, 404. 
 abandonment, evidence of. 87, 413. 
 abandonment need not be specially 
 
 pleaded. 87, 413. 
 abandonment of claims. 87, 403-405. 
 abandonment, what amounts. 87, 404, 
 
 405. 
 apex of, what is. 58, 272, 273. 
 boundaries of, are conclusively determined 
 
 by patents for. 58, 264. 
 cross or intersecting lodes. 58, 275, 276. 
 definition of apex of. 58, 272, 273. 
 definition of end and side lines. 58, 267. 
 difference between statutes of 1866 and 
 
 1872 respecting. 58, 277. 
 dip entering from other claims, right to. 
 
 58, 265. 
 end lines, conveying or diverging. 58, 
 
 278. 
 end lines, lodes cannot be followed be- 
 yond. 58, 266. 
 end lines, what are. 58, 267. 
 extralateral rights under the act of, 
 
 1866. 58, 278. 
 forfeiture, burden of proving. 87, 414. 
 forfeiture, definition of. 87, 405, 406. 
 forfeiture, evidence of. 87, 413, 414. 
 forfeiture for noncompliance with federal 
 
 statute. 87, 406, 407. 
 forfeiture for noncompliance with local 
 
 rules and customs. 87, 407. 
 forfeiture for noncompliance with state 
 
 and territorial statutes. 87, 407. 
 forfeiture must be pleaded. 87, 413. 
 forfeiture of claims. 87, 405-408. 
 forfeiture to co-owner. 87, 407, 408. 
 intersecting veins, priority of location 
 
 control ownership of. 83, 41-44. 
 intersecting veins, rights of way favor of 
 
 owners of. 83, 43. 
 
Mines and Minerals 
 
 INDEX-DIGEST TO NOTES. 
 
 170 
 
 Mining claim — Continued. 
 
 intersection of veins, space of, what is. 
 83, 42. 
 
 lateral veins, to which entitled. 83, 41. 
 
 lodes crossing but one line or crossing 
 neither. 58, 271. 
 
 ■lodes entering by an end and leaving by » 
 side line. 58, 269-271. 
 
 lodes entering and leaving by a side line. 
 58, 271. 
 
 may include several veins or lodes. 58, 273. 
 
 nonperformance of assessment work, ex- 
 cuses for. 87, 412, 413. 
 
 nonperformance of work, fraud and con- 
 spiracy when not excuse for. 87, 412. 
 
 nonperformance of work, ouster and ad- 
 verse possession is an excuse for. 88, 
 412. 
 
 parallelism of end lines, patent cannot 
 be avoided for want of. 58, 268. 
 
 patents for, are conclusive respecting the 
 boundary. 58, 264. 
 
 patents for mineral lands, what included 
 therein. 58, 263-280. 
 
 patents to, issued under the act of 1866. 
 58, 277. 
 
 patents to, issued under the act of 1866 
 but after its repeal. 58, 278. 
 
 performance of assessment work on min- 
 ing claim. 87, 408-413. 
 
 performance of assessment work, pros- 
 pecting and discovery as. 87, 410, 411. 
 
 performance of assessment work, sufB- 
 ciency of. 87, 409-413. 
 
 performance of assessment work, when 
 must be done. 87, 408, 409. 
 
 performance of assessment work, who may 
 do. 87, 408. 
 
 performance of work, effect of work done 
 outside the claim. 87, 410. 
 
 performance of work, services of watch- 
 man as. 87, 411. 
 
 performance of work, when construction 
 of building is. 87, 410. 
 
 performance of work, when need not be 
 continued after obtaining certificate of 
 purchase. 87, 412, 413. 
 
 performance of work, work on one claim 
 for the benefit of all as sufficient. 87, 
 411, 412. 
 
 placer claims, act of 1870 respecting. 58, 
 279. 
 
 placer claims, act of 1872 concerning. 58, 
 279. 
 
 placer claims, patents for, what included 
 within. 58, 279. 
 
 resumption of assessment work, effect of. 
 87, 414-416. 
 
 side lines, what are. 58, 267. 
 
 side lines, when become end lines, and 
 vice versa. 58, 267. 
 
 two or more lodes within the same loca- 
 tion. 58, 273. 
 
 under the act of 1866 boundary lines of. 
 58, 277, 278. 
 
 veins uniting. 83, 44. 
 
 II. Title, Conveyances, and Contracts. 
 
 Title. 
 
 adverse possession of mineral lands. 76, 
 485. 
 
 Conveyances. 
 
 grant of lands reserving the minerals. 
 
 24, 554. 
 grant of minerals, form of. 24, 554-555. 
 grant of minerals reserving the land. 24, 
 
 554. 
 grant of minerals, rights incident to. 24, 
 
 555. 
 grantee of minerals not liable for loss of 
 
 springs caused by mining. 24, 557. 
 grantee of minerals, right to use chamber 
 
 cut through minerals. 24, 557. 
 severance of mineral from surface, how 
 
 effected. 24, 554. 
 surface, owner of, right of, to support. 
 
 24, 555, 556. 
 surface, owner of, right of, to support, 
 
 when controlled by contract. 24, 556, 
 
 557. 
 title to surface and minerals severable. 
 
 24, 554. 
 
 Cotenancy in mines. 
 
 conveyance by one cotenant by metes and 
 bounds, whether binds others. 91, 881. 
 
 cotenant acquiring outstanding title. 91, 
 861-866. 
 
 cotenant cannot assail common title. 91, 
 858. 
 
 cotenants deriving titles from different 
 grantors, whether may acquire out- 
 standing title. 91, 863. 
 
 cotenancy, fiduciary nature of relation of. 
 91, 858. 
 
 cotenant holding adversely may purchase 
 outstanding title. 91, 863, 864. 
 
 cotenants in mines. 91, 851-889. 
 
 cotenancy in mines, what constitutes. 91, 
 854-857. 
 
 cotenancy, location in names of several 
 persons may create. 91, 855. 
 
 cotenants must share in cost of purchas- 
 ing outstanding title. 91, 861. 
 
 cotenants, owner of surface and owner of 
 minerals are not. 91, 854, 855. 
 
 cotenancy, prospecting agreements as 
 creating. 91, 855-857. 
 
 cotenant purchasing other cotenant's in- 
 terest, right of. 91, 862. 
 
 cotenant purchasing senior location, in- 
 ures to benefit of all. 91, 862. 
 
 cotenancy, restraints imposed by relation 
 of. 91, 858-866". 
 
 cotenancy, right to share in proceeds as 
 constituting. 91, 854. 
 
 lease or license by one cotenant, effect of. 
 91, 881, 882. 
 
 one cotenant no power to convey coten- 
 ant's interest in mine. 91, 881. 
 
 ouster and adverse holding by one co- 
 tenant, proof of. 91, 867, 868. 
 
 outstanding title may be acquired where 
 cotenancy not exist at time. 91, 862, 
 863. 
 
 patent applied for by one cotenant, others 
 must file adverse claim. 91, 866. 
 
 patent procured by one cotenant, effect of. 
 91, 864-866. 
 
 patent procured by one cotenant, effect 
 on, of agreement between cotenants. 
 91, 865, 866. 
 
171 
 
 INDEX-DIGEST TO NOTES. 
 
 Mines and Minerals 
 
 Cotenancy in mines — Continued. 
 
 possession by cotenants. 91, 867, 868. 
 
 possession by one cotenant inures to bene- 
 fit of all. 91, 867, 868. 
 
 possession by one cotenant is possession 
 of all. 91, 867. 
 
 possession by one cotenant when adverse 
 does not inure to benefit of all. 91, 867, 
 868. 
 
 purchaser of outstanding title from co- 
 tenant takes it subject to trust. 91, 
 864. 
 
 relocation by one cotenant. 91, 858-861. 
 
 relocation by one cotenant under express 
 trust to hold for all. 91, 860. 
 
 III. Operation of Mines. 
 
 Operation generally. 
 
 relocation by one cotenant who has agreed 
 
 to perform all assessment work. 91, 
 
 858-860. 
 debris from, deposit of, as nuisance. 30, 
 
 551-557. 
 irreparable injury, removing minerals is. 
 
 1, 376, 377. 
 mechanic's lien upon several consolidated 
 
 mining claims. 65, 172, 173. 
 mining superintendent no power to borrow 
 
 money. 29, 96. 
 receivers of. 72, 73, 74. 
 specific performance of contracts for the 
 
 operation of mines. 68, 760. 
 water appropriated for mining. 60, 802. 
 
 Operation iy cotenants. 
 
 accounting between cotenants at common 
 law. 91, 871, 872. 
 
 accounting between cotenants, joinder of 
 parties in. 91, 879, 880. 
 
 accounting from cotenant, basis of, where 
 profits result from operation of mine. 
 91, 875-877. 
 
 accounting from cotenant, basis of, where 
 rents or royalties are received. 91, 875. 
 
 accounting from cotenant, cost of improve- 
 ments when allowed in. 91, 879. 
 
 accounting from cotenant for profits re- 
 sulting from operation of mine. 91, 
 872-874. I 
 
 accounting from cotenant for receipt of 
 rents. 91, 872. 
 
 accounting from cotenant in possession, 
 right to compel. 91, 871-875. 
 
 accounting from cotenant, interest on 
 money used, whether allowed to operat- 
 ing cotenant. 91, 878. 
 
 accounting from cotenant, operating ex- 
 penses should be deducted in. 91, 877, 
 878. 
 
 accounting from cotenant, services of oper- 
 ating cotenant, when allowed in. 91, 
 878. 
 
 accounting from cotenant under Pennsyl- 
 vania statute. 91, 875. 
 
 accounting from cotenant, where other co- 
 tenants have been excluded. 91, 874, 
 875. 
 
 actions between cotenants and third par- 
 ties. 91, 889. 
 
 actions between cotenants of mines. 91, 
 883, 884. 
 
 Operation hy cotenants — Continued. 
 
 admissions by one cotenant, effect of. 91, 
 882, 883. 
 
 agency between cotenants not usually 
 arise. 91, 880. 
 
 assumpsit by one cotenant against an- 
 other. 91, 883. 
 
 cotenants, accounts between. 91, 871-880. 
 
 cotenant has no lien on common property 
 for cost of improvements. 91, 879. 
 
 cotenants, liability of, for acts of each 
 other. 91, 880-883. 
 
 ejectment by one cotenant against an- 
 other. 91, 884. 
 
 fraud of one cotenant, effect of. 91, 882, 
 883. 
 
 operation by one cotenant. 91, 868-871. 
 
 operation by one cotenant, injunction 
 against by other cotenants. 91, 869- 
 871. 
 
 partition between cotenants of mines. 91, 
 884-888. 
 
 partition by legal proceedings between co- 
 tenants. 91, 885-888. 
 
 partition by sale. 91, 887, 888. 
 
 partition, improvements made by one co- 
 tenant may be adjusted in. 91, 888. 
 
 partition of mines usually a matter of 
 right. 91, 886, 887. 
 
 partition of mining interests, who may 
 compel. 91, 886. 
 
 partition, voluntary, between cotenants. 
 91, 884, 885. 
 
 partition, what mining interest are sub- 
 ject to. 91, 885, 886. 
 
 profits of cotenant whether must be ac- 
 counted for. 52, 933. 
 
 service of process on one cotenant, effect 
 of. 91, 882, 883. 
 
 waste by cotenant, what constitutes. 91, 
 869. 
 
 waste, liability of cotenant for. 91, 868, 
 869. 
 
 Operation ty partnership. 
 
 mining partnerships are governed by 
 rules peculiar to themselves. 28, 488, 
 489. 
 
 mining partnership, continuation of after 
 death. 79, 716. 
 
 mining partnerships, necessity to exer- 
 cise good faith in. 28, 488. 
 
 mining partnerships, sales by. 28, 488, 
 489. 
 
 partnership in operation of mines. 91, 
 857. 
 
 Mine owners, and liability to employes. 
 
 assumption of risks by employes in mines. 
 87, 573-584. 
 
 assumption of risk by employ^, knowledge 
 of both defect and danger essential. 
 87, 583, 584. 
 
 assumption of risks ordinarily incident 
 to milling. 87, 573, 574. 
 
 assumption of risk where service is in- 
 voluntary. 87, 582, 583. 
 
 assumption of risk where employ^ is un- 
 der direct supervision of owner or 
 foreman. 87, 582. 
 
 best appliances obtainable need not be 
 provided by. 87, 568. 
 
Miscegenation 
 
 INDEX-DIGEST TO NOTES. 
 
 172 
 
 Mine ottmers, and UabiUty to employees — 
 Contimied. 
 
 competence of employes, duty of, to in- 
 vestigate. 87, 569-571. 
 
 completed and open portions of the mine 
 must be kept safe by. 87, 567, 568. 
 
 constitutionality of statutes regulating 
 duties of. 87, 584, 585. 
 
 contributory negligence of employfi, 
 whether a defense to action for viola- 
 tion of statute by. 87, 586, 587. 
 
 defects owner promises to remedy, assump- 
 tion of risks as to. 87, 581. 
 
 defects owner promises to remedy, efifect 
 of lapse of time on assuming risk of. 
 87, 581, 582. 
 
 degree of care required of. 87, 561-571. 
 
 delegation of responsibility by, right of. 
 87, 571, 572. 
 
 duty of, to prevent injury to employes. 
 87, 557-595. 
 
 duty to provide competent employes. 87, 
 561. 
 
 duty to provide safe place for employ§ to 
 work. 87, 559, 560. 
 
 duty to provide safe machinery and appli- 
 ances. 87, 560, 561. 
 
 employs making his own place to work, 
 owner not liable. 87, 566. 
 
 employ^ repairing dangerous place, safe 
 place need not be provided by. 87, 567. 
 
 employing minors, when may show negli- 
 gence in. 87, 569. 
 
 escapement shafts built by, required by 
 required by statute. 87, 590. 
 
 fact of injury, whether raises presump- 
 tion of negligence of. 87, 563, 564. 
 
 fellow-servants in mines, who are. 87, 
 575, 576. 
 
 hoisting machinery provide by, required 
 by statute. 87, 591, 592. 
 
 immediate danger, employg not rely on 
 promise to repair in ease of. 87, 582. 
 
 inspection of mine, reasonable care in. 
 87, 565. 
 
 inspection of mine bv, required by statute. 
 87, 595. 
 
 life of employ^ endangered by emergency, 
 reasonable care where. 87, 565, 566. 
 
 limit liability for negligence, right of, to. 
 
 87, 572. 
 long continued use of appliance, effect on 
 question of negligence of. 87, 569. 
 
 mine boss certificate of comnetence of, 
 effect. 87, 594, 595. 
 
 mine boss, liability of owner for negli- 
 gence of, under statute. 87, 592-594, 
 
 negligence of fellow- servant and mine 
 owner concur, assumption of risk where. 
 87, 576, 577. 
 
 negligence of fellow-servants, assumption 
 of risk of. 87, 574, 575. 
 
 negligence of, is assumed by employs who 
 knows "of defects. 87, 579-581. 
 
 negligence of, not a risk assumed by em- 
 ployS. 87, 579. 
 
 proximate cause of injury must be viola- 
 tion of statute by. 87, 587, 588. 
 
 reasonable care of, a question of fact. 87, 
 562, 563. 
 
 reasonable care only required of. 87, 561, 
 562. ' ■ 
 
 Mine owners, and liability to employees — 
 Contimied. 
 
 reasonable rules) duty of, to make. 87, ■ 
 571. 
 
 risks not ordinarily incident to mining 
 are not assumed. 87, 577. 
 
 safe timbering of mine, reasonable care in 
 providing. 87, 564. * 
 
 similar machinery used in other mines 
 is evidence of reasonable care by. 87, 
 568, 569. 
 
 statutes regulating duties of, do not af- 
 fect common-law liability for negligence. 
 87, 585. 
 
 statutes regulating duties of, may define 
 reasonable care required. 87, 585, 586. 
 
 statutory regulation of duties of. 87, 
 584-595. 
 
 timbering by, required by statute. 87, 
 588, 589. 
 
 ventilation of mine, reasonable care in 
 providing. 87, 564, 565. 
 
 ventilation of mine by, statutory regula- 
 tion of. 87, 589, 590. 
 
 warning employes as to extraordinary 
 dangers, duty of. 87, 577, 578. 
 
 warning minors and inexperienced em- 
 ployes of dangers, duty of. 87, 578, 
 579. ! 
 
 "willful failure," what is under statutes 
 regulating duties of. 87, 588. 
 
 MISCEGENATION. 
 as a crime. 78, 256. 
 
 MISDEMEANOB. 
 
 arrest for, by policeman. 84, 688-690. 
 
 attempt to commit crime was, at com- 
 mon law. 20, 747. 
 
 right to resist arrest for. 84, 699, 700. 
 
 security against commission of, given 
 after trial. 90, 797-799. 
 
 security not to commit. 90, 797-802. 
 
 MISREPEESENTATION. 
 
 action for. 18, 555-563. 
 
 as ground for forfeiture of life insurance 
 policy. 3, 637. 
 
 indirectly made to complaining party, lia- 
 bility for. 85, 368-391. 
 
 liability of corporation officers to third 
 persons for. 48, 920. 
 
 of infant as to age. 18, 633-637. 
 See Fraud. 
 
 MISSIONS. 
 
 charitable trusts for support of. 63, 265. 
 
 MISTAKE. 
 
 as affecting stockholder's liability for un- 
 paid subscription. 3, 824-826. 
 
 as ground for relief from judgments. 54, 
 240-242. 
 
 as ground for revocation of voluntary 
 trust. 34, 219. 
 
 as ground of avoiding a release. 32, 385- 
 387. 
 
 as ground of relief from forfeitures. 86, 
 49, 50. 
 
 as to boundary lines, effect on advervse 
 possession. 24, 388-390. 
 
173 
 
 INDEX-DIGEST TO NOTES. 
 
 Moral. Insanity 
 
 Mistake — Continued. 
 
 as to destruction of will. 48, 198, 199. 
 contracts relieved from because of. 55, 
 
 518. 
 in architects' certificates. 56, 312. 
 in names of legatees or devisees, evidence 
 
 to correct. 50, 288. 
 in satisfaction of mortgage, when relieved 
 
 against. 5, 703-708. 
 in wills, evidence to correct. 50, 283, 284. 
 liability of corporate directors for. 17, 
 
 97. 
 must be mutual to be relieved against. 9, 
 
 712. 
 no ground for forfeiture of corporate 
 
 franchise. 8, 183. 
 of fact, as ground for reforming contract. 
 
 65, 490. 
 of fact, as ground for relief. 55, 494-520. 
 of fact, definition of. 55, 494, 496. 
 of fact, difference between and ignorance 
 
 of law. 55, 495. 
 of fact, relief because of. 55, 504, 505. 
 of fact, when excuses usury. 46, 181. 
 of law, as ground for reforming contract. 
 
 65, 487, 488. 
 of law, as ground for relief from judg- 
 ments. 54, 241. 
 of law, definition of. 55, 494. 
 of law, liability of officers of corporation 
 
 for. 48, 916. 
 of law, mutual, when a ground for relief. 
 
 55, 518. 
 poison taken by, in life insurance. 52, 
 
 362-364. 
 reformation of deeds for. 65, 509-511. 
 reforming contracts for. 65, 488-491. 
 relation of landlord and tenant created 
 
 by, effect of. 89, 69, 70. 
 rescission of contract for. 11, 539, 540. 
 surety's liability, how affected by. 38, 
 
 710, 711. 
 vacating judgments for. 60, 651, 652. 
 
 MISTBESS. 
 
 influence of, in making wills. 31, 677, 
 678. 
 
 MITIGATION. 
 
 of damages, in action for malicious prose- 
 cution. 26, 164. 
 
 of damages in libel. 15, 339-342. 
 
 of damages where there is negligence of 
 third party. 16, 252, 253. 
 
 of exemplary damages. 28, 875, 876. 
 See Damages. 
 
 MITTIMUS. 
 
 defective, no ground for discharge of 
 prisoner on habeas corpus. 87, 197, 
 198. 
 
 MONEY. 
 
 attorney's lien upon money collected. 51, 
 
 253-255. 
 borrowing and loaning of, by infants. 18, 
 
 605, 606, 658. 
 borrow, power of agent to. 29, 93-97. 
 description of, in indictment. 10, 174, 
 
 175. 
 
 Money — Continued. 
 
 liability of administrators for loss of. 12, 
 
 312-316. 
 loan of, is essential to usury. 46, 187. 
 power of partner to borrow. 48, 438. 
 
 MONOPOLIES. 
 
 Unlawful combinations and trusts. 
 
 carriers, combinations among. 74, 249- 
 255. 
 
 commodities, necessaries of life, what are. 
 74, 268; 269. 
 
 commodities, whether must be necessaries 
 of life to make combination respecting 
 them unlawful. 74, 268-270. 
 
 common-law rule respecting. 74, 254. 
 
 competition whether courts may assume 
 to determine how much is desirable. 
 74, 241, 245, 253. 
 
 competition, whether may be lawfully re- 
 stricted by contract. 74, 239, 240. 
 
 contractors, combinations among which 
 are forbidden. 74, 267. 
 
 corporations are not necessary to the 
 formation of. 74, 237. 
 
 dealers in commodities, combinations be- 
 tween. 74, 255-259. 
 
 defense that a monopoly has not in fact 
 been created. 74, 272. 
 
 defense that they have resulted in reduc- 
 ing prices. 74, 271. 
 
 difference between, and unlawful restraint 
 upon trade. 74, 239-241. 
 
 formation of trusts, when cause for for- 
 feiture of corporate franchise. 8, 191- 
 193. 
 
 instances of unlawful. 74, 244-249. 
 
 insurance, combinations relating to. 74, 
 259, 260. 
 
 intoxicating liquors, combinations fixing 
 the price or restricting the sale of. 
 74, 257, 258. 
 
 laborers, combinations among to fix 
 prices. 74, 265. 
 
 laborers, combinations among which create 
 forbidden. 74, 264-268. 
 
 manufacturers, combinations among which 
 amount to illegal. 74, 241-248. 
 
 markets, rules respecting, must not create. 
 23, 582. 
 
 monopoly, tendency to create is a test 
 of. 74, 241. 
 
 news, combinations relating to the publi- 
 cation of. 74, 262-264. 
 
 patent rights, combination between holder 
 of which create a forbidden. 74, 261. 
 
 prices of articles, associations for the pur- 
 pose of controlling. 74, 236. 
 
 purpose of, is to create a monopoly. 74, 
 239. 
 
 railways, combinations which create un- 
 lawful. 74, 250, 252. 
 
 statutes denouncing. 74, 272, 273. 
 
 transfer of corporate franchises as tend- 
 ing to monopoly. 35, 395. 
 
 unlawful, definition of. 74, 236. 
 
 unlawful, form of the original scheme of. 
 74, 236-238. 
 
 MORAL INSANITY. 
 
 what is. 76, 90. 
 
Moral Obligation 
 
 INDEX-DIGEST TO NOTES. 
 
 174 
 
 MOEAL OBLIGATION. 
 
 as sufficient consideration to uphold an 
 express promise. 39, 735-746. 
 
 MORE OB LESS, 
 meaning of. 28, 631. 
 
 MORTGAGES. 
 I. Reanlsites. 
 II. Comstractioii and Operatlou. 
 III. Risbts and Lilabllltles of Parties. 
 IV. Transfer of Property or Eanlty of 
 Redemption. 
 V. Payment and Satisfaction. 
 VI. Power of Sale. 
 VII. Foreclosure. 
 VIII. Redemption. 
 
 I. Reanlsltes. 
 
 Requisites generally. 
 
 by insolvent corporation. 42, 769. 
 
 definition of. 7, 32. 
 
 description of indebtedness in mortgage. 
 49, 207-209. 
 
 forged mortgage a cloud on title. 45,. 
 378. 
 
 indebtedness, mortgage must identify. 
 49, 207-209. 
 
 made by infants. 18, 587-589. 
 
 nature of, at the common-law. 55, 100. 
 
 of all one's estate contains a sufficient 
 description. 66, 60. 
 
 of homestead, whether valid after subse- 
 quent abandonment. 12, 683-686. 
 
 parol changes in terms of mortgage. 56, 
 667. 
 
 place of contract. 55, 50, 51. 
 
 ratification of, by infants. 18, 713-715. 
 
 reformation of mortgages. 65, 517-519. 
 See Chattel Mortgage. 
 
 Form of mortgage. 
 
 agreement to give mortgage as mortgage. 
 4, 700, 701. 
 
 assignment of contract of purchase as 
 mortgage. 4, 703, 704. 
 
 assignment of rents and profits as mort- 
 gage. 4, 702. 
 
 conditional sale as mortgage. 4, 699, 700. 
 
 deed absolute in form as mortgage. 4, 
 707, 708. 
 
 defective mortgages as mortgage. 4, 701, 
 702. 
 
 deposit of title deeds as mortgage. 4, 
 697-699. 
 
 equitable mortgage. 4, 696-708. 
 
 equitable mortgages within the registry 
 acts. 4, 706, 707. 
 
 lien for unpaid purchase money as mort- 
 gage. 4, 704-706. 
 
 oral mortgage, validity and enforcement 
 of. 1, 237. 
 
 oral mortgage, what is. 1, 137. 
 
 oral mortgage, when vendor's lien has 
 effect of. 1, 137. 
 
 statutory mortgage as mortgage. 4, 702, 
 703. 
 
 what constitutes equitable mortgage. 4, 
 696-708. 
 
 II. Constrnctlon and Operation. 
 
 Construction and operation. 
 
 as waiver of mechanic's lien on same 
 property. 41, 764. 
 
 federal homestead, mortgage of. 52, 251- 
 253. 
 
 married women estopped by. 57, 173, 
 174. 
 
 mortgage of corporate franchises. 35, 
 398, 399. 
 
 situs of mortgage for purpose of taxa- 
 tion. 62, 457. 
 
 taxation of mortgages in which state 
 school fund is invested. 33, 404. 
 
 Lien and priority. 
 
 mortgage on homestead for purchase price 
 is valid lien. 86, 176, 177. 
 
 new mortgage as the continuation of the 
 lien of a prior one. 5, 703-708. 
 
 priority of mortgage of constituent corpo- 
 ration over mortgage of consolidated 
 corporation. 89, 643. 
 
 priority over lien of landlord on crop. 
 14, 167. 
 
 III. Rlsbts and liiabilities of Parties. 
 
 Rights of parties generally. 
 
 conditions in insurance policy, breach by 
 mortgagor, effect on mortgagee. 58, 
 667-673. 
 
 forfeiture of mortgage, relief from. 86, 
 58-60. 
 
 mortgagor's absence from state, effect on 
 keeping mortgage alive as against 
 grantee. 60, 205. 
 
 relations between mortgagor and mort- 
 gagee are not fiduciary when the mort- 
 gage does not convey the legal title. 
 56, 117. 
 
 setoff of mortgage debts. 47, 591. 
 
 subrogation of insurer to rights of mort- 
 gagor or mortgagee. 44, 733, 734. 
 
 taxes, allowance for. 4, 70. 
 
 Rights and liabilities of mortgagor. 
 
 nature of mortgagor's estate at common 
 law. 7, 31-34. 
 
 personal liability of the mortgagor is ter- 
 minated by the sale of the property by 
 the mortgagee. 73, 563, 564. 
 
 remedies available to mortgagor at com- 
 mon law. 7, 31-34. 
 
 right to rents, if in possession. 27, 793, 
 794. 
 
 Rights and remedies of mortgagee. 
 
 concurrent remedies of the holder ot mort- 
 gage. 73, 559-568. 
 
 damages for impairment of mortgagee's 
 security. 43, 435, 436. 
 
 execution purchaser buys subject to 
 senior mortgage lien. 88, 359, 360. 
 
 injunction to protect value of mortgagee's 
 security. 43, 432-434. 
 
 junior mortgagee has lien on surplus at 
 execution sale. 88, 360. 
 
 mortgagee's remedies against impairment 
 of value of his security. 43, 432-430. 
 
175 
 
 INDEX-DIGEST TO NOTES. 
 
 Mortgages 
 
 Rights and remedies of mortgage — Continued. 
 mortgagee as owner in condemnation pro- 
 ceedings. 88, 363. 
 mortgagee's remedy for wrongful removal 
 
 of fixtures. 13, 153-156. 
 mortgage lien, condemnation of part of 
 
 property, eflfect on. 88, 365. 
 mortgage lien, effect of condemnation for 
 
 public use on. 88, 363-365. 
 mortgage pendente lite, effect of partition 
 
 sale on. 88, 362. 
 mortgagee's lien, effect of sale by executor 
 
 or administrator on. 88, 360, 361. 
 mortgage lien, effect of sale for delinquent 
 
 taxes on. 88, 362, 363. 
 mortgagee's lien, partition sale, effect 
 
 upon. 88, 361, 362. 
 mortgagee's rights against impairment of 
 
 value of Ms security. 43, 432-436. 
 mortgagee's rights after property is sold 
 
 by judicial sale. 88, 359. 
 mortgagee's rights are entitled to pro- 
 
 tection in condemnation proceedings. 
 
 88, 363, 364. 
 mortgagees' rights at common law. 27, 
 
 794. 
 mortgagee's right to condemnation fund 
 
 paid into county treasury. S-!, o04, 365. 
 mortgagee's right to rents. 27, 793. 
 right of mortgagee to recover judgment 
 
 on the debt. 73, 559-568. 
 right to a receiver, after notice to owner 
 
 of property. 27, 798. 
 right to a receiver, appointment after 
 
 decree. 27, 796, 797. 
 right to a receiver, appointment in discre- 
 tion of court. 27, 794, 795. 
 right to a receiver, appointment made 
 
 only on good grounds. 27, 795. 
 right to a receiver, appointment made 
 
 with caution. 27, 795. 
 right to a, receiver, effect of provision in 
 
 mortgage for appointment. 27, 796. 
 right to a receiver, in California. 27, 798. 
 right to a receiver, none in Michigan. 27, 
 
 797, 798. 
 right to a receiver, none in New Jersey 
 
 for mere inadequacy and insolvency. 
 
 27, 797. 
 right to a receiver, not after appointment 
 
 of assignee in bankruptcy. 27, 798. 
 right to a receiver, not against first mort- 
 gagee in possession. 27, 798. 
 right to a receiver, only of property mort- 
 gaged. 27, 798. 
 right to a receiver to secure payment of 
 
 rents. 27, 793, 794. 
 right to a receiver, when entitled to. 27, 
 
 795, 796. 
 remedies of mortgagee. 7, 33. 
 replevin to protect mortgagee's rights. 
 
 43, 435. 
 trespass for removal of fixtures. 43, 434, 
 
 435. 
 trespass for waste. 43, 434, 435. 
 
 lAabiUties of mortgagee. 
 
 betterments, mortgagee not be subjected 
 
 to claim for. 81, 183-185. 
 care required of mortgagee in possession. 
 
 4, 69. 
 commission of waste by mortgagee. 4, 69. 
 
 Liabilities of mortgagee — Continued. 
 
 duties and liabilities of mortgagee in pos- 
 session. 4, 69-71. 
 liability of mortgagee for acts of agent. 
 
 4, 69. 
 
 mortgagee in possession, accounting for 
 rents and profits. 4, 70, 71. 
 
 nuisance on property, mortgagee's liabil- 
 ity for. 86, 521. 
 
 IV. Transfer of Property or ESaulty of 
 Redemption. 
 
 contracts between to release or waive 
 equity of redemption. 56, 118. 
 
 conveyance by mortgagor, when conveys 
 legal title. 1, 189. 
 
 dealings between mortgagor and mort- 
 gagee for release of equity of redemp- 
 tion. 55, 109, 110. 
 
 equity of redemption, contract for sur- 
 render of. 55, 106, 107. 
 
 equity of redemption, definition of. 55, 
 100. 
 
 equity of redemption, forfeiture of, stipu- 
 lation for is invalid. 55, 104, 105. 
 
 equity of redemption, parol release of, 
 when valid. 55, 109, 111. 
 
 equity of redemption, release of in subse- 
 quent writing, burden of proving fair- 
 ness of. 55, 110. 
 
 equity of redemption, right of cannot be 
 restricted to the mortgagor personally. 
 55, 104. 
 
 equity of redemption, stipulation of the 
 parties against the existence of. 55, 
 103, 104. 
 
 equity of redemption, time for exercising 
 cannot be limited by the mortgagor. 
 55, 104. 
 
 equity of redemption, waiver or release of 
 should be in writing. 55, 109. 
 
 persons purchasing property subject to, 
 statute of limitations against, whether 
 suspended by the absence of the mort- 
 gagor from the state. 60, 205-207. 
 
 V. Payment and Satisfaction. 
 
 Payment or satisfaction of mortgage. 
 
 clear evidence of mistake in satisfying 
 mortgage required. 5, 707, 708. 
 
 contracts between mortgagor and mort- 
 gagee to waive or release equity of re- 
 demption. 55, 100-111. 
 
 discharge of, what is and relief against. 
 
 5, 703. 
 
 enforcement of new mortgages as continu- 
 ation of lien of prior one. 5, 705, 706. 
 
 intent of the parties governs as to satis- 
 faction of mortgage. 5, 706, 707. 
 
 payment of, by guardian. 89, 314. 
 
 presumption of payment from lapse of 
 time. 18, 881. 
 
 release, forgery of. 8, 467. 
 
 revival of mortgages when satisfied by 
 mistake. 5, 703-708. 
 
 suit on contract of third person to pay 
 off a mortgage. 71, 200, 201. 
 
 when mortgage satisfied by mistake will 
 be revived. 5, 703, 708. 
 
Mother 
 
 INDEX-DIGEST TO NOTES. 
 
 176 
 
 VI. Poiver of Sale. 
 
 power of sale in future, whether violates 
 rule against perpetuities. 49, 133. 
 
 VII. Foreclosure. 
 
 adverse titles, litigation of, in foreclosure 
 • suits. 68, 354-362. 
 
 attorney's fees, statutes allowing. 79, 
 181. 
 
 foreclosure, adverse titles, decisions per- 
 mitting the litigation of. 68, 357. 
 
 foreclosure, adverse titles, stafutes per- 
 mitting the litigation of. 68, 356, 357. 
 
 foreclosure, effect of. 68, 354. 
 
 foreclosure, is not a proper proceeding 
 for the investigation of title. 68, 354. 
 
 foreclosure, litigating tax purchase in. 1, 
 189. 
 
 foreclosure, proper parties to. 1, 189. 
 
 foreclosure, sale under, what titles are 
 transferred by. 68, 362. 
 
 foreclosure sale, void, right to subroga- 
 tion of purchaser at. 2, 330. 
 
 foreclosure, subsequent purchasers and 
 encumbrancers as parties to. 1, 189, 
 190. 
 
 foreclosure, tax titles, whether may be 
 litigated in suits for. 68, 359. 
 
 foreclosure, title to realty, whether tri- 
 able in. 68, 354, 355. 
 
 pendency of suit to foreclose does not 
 prevent the maintenance of a personal 
 action on the debt. 73, 561. 
 
 personal judgment on the debt does not 
 bar an action 'of ejectment or to fore- 
 close. 73, 563, 564. 
 
 persons who must be parties to fore- 
 closure proceeding. 17, 370-373. 
 
 receivers in foreclosure proceedings. 72, 
 74-78'. 
 
 statutes of limitations against personal 
 action may not bar a, suit to foreclose. 
 73, 561. 
 
 unknown owners, foreclosure against. 87, 
 366. 
 
 VIII. Redemption. 
 
 by assignee of mortgagor. 21, 246. 
 
 by defendant. 21, 244. 
 
 by dowress. 21,- 248. 
 
 by mortgagor. 21, 246. 
 
 by tenant for life or for years. 21, 248. 
 
 by tenant in common. 21, 248. 
 
 by remainderman. 21, 248. 
 
 from execution sale by junior mortgagee. 
 
 67, 513, 514. 
 from foreclosure sales. 21, 245-249. 
 as beneficiary of mutual benefit society. 
 
 52, 571. 
 
 MOTHBE. 
 
 right of, to custody of child. 2, 185, 186. 
 suit by, for death of child. 70, 678. 
 
 MUNICIPAL CORPORATIONS. 
 I. Governmental Functions. 
 II. Legislative Control. 
 III. Proceedings of Conndl. 
 IV. Officers. 
 V. Property and Contracts. 
 
 VI. Municipal Expenses. 
 
 VII. Taxation and Assessments. 
 
 VIII. Police PoTver. 
 
 IX. Use and Regulation of Public 
 Places. 
 
 X. Torts. 
 
 XI. Fiscal Management. 
 
 XII. Claims Against Municipality. 
 
 XIII. Actions. 
 
 I. Governmental Functions. 
 
 power to furnish light. 30, 225, 226. 
 public and private, functions may be both. 
 35, 529, 530. 
 
 II. Legislative Control. 
 
 by dividing or destroying municipalities. 
 
 35, 539, 540. 
 contracts with municipalities cannot be 
 
 impaired. 35, 531-533. 
 franchises, control over. 35, 539. 
 grants to municipalities cannot be im- 
 paired. 35, 531-533. 
 legislative control over the property of 
 
 municipalities. 35, 529-540. 
 over property, by dividing or destroying 
 
 municipality. 35, 539, 540. 
 property held for public purposes, general 
 
 control of. 35, 533, 534. 
 property held for public purpose, power 
 
 of state over. 35, 536-538. 
 property held in trust, control of. 35, 
 
 538, 539. 
 revenues, control over. 35, 534-536. 
 special and general laws relating to. 21, 
 
 784-789. 
 test of legislative authority. 35, 530, 531. 
 
 III. Proceedings of Council. 
 
 common council, reviewing acts upon cer- 
 tiorari. 40, 38-42. 
 
 injunction against enactment of void or- 
 dinance. 36, 450. 
 
 municipal ordinance, storing explosives 
 in violation of. 67, 138. 
 
 IV. Officers. 
 
 jurisdiction of courts to judge of election 
 and qualification of members of city 
 council. 16, 221-223. 
 
 negligence and other misconduct of offi- 
 cers, liability for. 30, 376-413. 
 
 policemen, right of, to arrest. 84, 681- 
 697. 
 
 policeman, right of, to arrest and of citi- 
 zen to resist. 84, 679-703. i 
 
 policemen, right of, to arrest for viola- 
 tion of city ordinances. 84, 690-692. 
 
 policemen, what are. 84, 680, 681. 
 
 respondeat superior, rule of, applies to 
 municipalities. 22, 462. 
 
 V. Property and Contracts. 
 
 adverse possession of lands held by mu- 
 nicipal corporations. 87, 775-780. 
 
 adverse possession of property, equitable 
 estoppel as applying to. 87, 779, 780. 
 
 ratification of contracts. 59, 640. 
 
 taxation of municipal property. 33 404. 
 406. 
 
177 
 
 INDEX-DIGEST TO NOTES. 
 
 Municipal Corporations 
 
 VI. Municipal Uxpenses. 
 
 effect of allowance or rejection of claims. 
 55, 203-209. 
 
 VII. Taxation and Assessments. 
 
 exemption of municipal property from 
 taxation of. 29, 386-388. 
 
 situs of property for purposes of taxa- 
 tion. 62, 461, 462. 
 
 street assessment may be enforced against 
 homestead. 45, 387. 
 
 taxation for municipal gas and water 
 works. 16, 369. 
 
 taxation of municipal property. 33, 404- 
 406. 
 
 VIII. Police Power. 
 
 cemeteries, power of municipalities to 
 
 regulate, prohibit, or discontinue. 87, 
 
 678-684. 
 
 See Cemeteries, 
 crimes declared by ordinances. 78, 271- 
 
 273. 
 health and quarantine regulations. 47, 
 
 540-546. 
 ordinance, injunction against, to protect 
 
 corporate franchise. 5, 353. 
 ordinances regulating estrays. 8, 271. 
 
 IX, Use and Resalatlon of Fnbllc Places. 
 
 Markets. 
 
 markets, location of. 23, 582. 
 markets, power to establish. 23, 581-584. 
 markets, rules respecting, must not create 
 monopoly. 23, 582. 
 
 Streets. 
 
 adverse occupation of street. 1, 844. 
 
 change of grade, damages for. 4, 401. 
 
 change of grade, damage by, what consti- 
 tutes. 30, 840-844. 
 
 change of grade, damages for, allowed by 
 statute. 30, 848, 849. 
 
 change of grade, elements of damage sus- 
 tained by. 30, 849, 850. 
 
 change of grade, liability for, under con- 
 stitutional provisions. 30, 836-840. 
 
 change of grade, liability for, under con- 
 stitutional provision against damaging 
 property. 30, 837-840. 
 
 change of grade, measure o f damages 
 caused by. 30, 845-847, 850. 
 
 change of grade, remedial statute not 
 necessary to recover for. 30, 847, 848. 
 
 conducting business so as to collect crowd 
 in street. 1, 843. 
 
 control over streets. 41, 323-329. 
 
 damages, recovery of for vacating. 46, 
 493-498. 
 
 dedication of does not devest the land 
 owner of the fee. 46, 495. 
 
 discontinuance of, right of property owner 
 to damages for. 46, 496, 497. 
 
 ditch across highway, private person cut- 
 ting. 1, 842. 
 
 excavations in street. 1, 844. 
 
 extinguishment of streets through nonuser 
 and by operation of statute of limita- 
 tions. 14, 278-282. 
 Indey-Digep* — 12 
 
 Streets — Continued. 
 
 funeral, occupying street for. 1, 843. 
 
 grade of, damages for establishing. 30, 
 844, 845. 
 
 grade of, market value of property dam- 
 aged by. 30, 847. 
 
 lateral support, right of, against munici- 
 pal corporations. 33,. 465-4B7. 
 
 legislative control over. 35, 536. 
 
 ordinance granting right to erect tele- 
 phone poles in. 10, 131. 
 
 pasture, using highway for. 1, 843. 
 
 permanent structures obstructing street. 
 1, 842. 
 
 playground, using street for. 1, 843. 
 
 private person, partial occupation of 
 street by. 1, 840, 841. 
 
 private person using street to display 
 goods. 1, 842. 
 
 private use, power to devote to. 41, 323- 
 329. 
 
 railroad in, damages for. 4, 402, 403. 
 
 streets, adverse possession of. 87, 775- 
 778. 
 
 streets, adverse possession of private 
 rights in. 87, 778. 
 
 streets, adverse possession of public rights 
 in. 87, 775-778. 
 
 streets, change of grade, common law lia- 
 bility for. 30, 835, 836. 
 
 streets, change of grade, liability for. 30, 
 835-850. 
 
 streets, paving of, duty of street railway 
 company as to. 25, 481, 482. 
 
 street railway company subject to regula- 
 tion by. 25, 479, 480. 
 
 street railways, rights, duties and obliga- 
 tions of with respect to streets. 25, 
 475-482. 
 
 taxation for public streets, parks, and 
 buildings. 16, 368, 369. 
 
 temporary obstruction of streets. 1, 840, 
 841. 
 
 to what use streets may be put without 
 awarding damages to property owners. 
 16, 612-614. 
 
 trees in highway. 1, 843. 
 
 unused street, obstructing. 1, 843. 
 
 use of streets by telegraph companies, not 
 authorize, without compensating prop- 
 erty owner. 28, 233. 
 
 vacating, damages for, right to, when and 
 in whom vested. 46, 496. 
 
 vacating, damages recoverable for. 46. 
 493. 
 
 vacating, injunction against, when proper. 
 46, 494. 
 
 vacating, power of legislature to author- 
 ize without compensation to parties to 
 be injured. 46, 493, 494. 
 
 vacating or abandoning revests title in 
 the abutting property owners. 46, 495. 
 
 vacating, propriety of, is not a judicial 
 question. 46, 494. 
 
 X. Torts. 
 
 Municipal liability for torts generally. 
 
 contractors, liability for acts of. 30, 411- 
 413. 
 
Municipal Corporations 
 
 INDEX-DIGEST TO NOTES. 
 
 178 
 
 Municipal liability for torts generally — Cont'd. 
 
 false imprisonment, liability for. 67, 424. 
 
 liability for acts of officers. 34, 27. 
 
 liability for municipal duties, of officers. 
 30, 377, 378. 
 
 police department, liability for acts of 
 officers of. 30, 401, 402. 
 
 prisons and .jails, liability for acts of offi- 
 cers of. 30, 402. 
 
 quarantine regulations, liability for es- 
 tablishing. 47, 548. 
 
 torts not ultra vires, liability for. 30, 
 406-408. 
 
 torts of officers, liability for. 34, 27, 28. 
 
 torts of officers, municipal liability for. 
 30, 405. 
 
 torts, ultra vires, municipal liability for. 
 30, 405, 406. 
 
 torts, imauthorized, liability for. 30, 408- 
 411. 
 
 trespass, liability for. 34, 27. 
 
 ultra vires acts, liability for. 34, 26. 
 
 water companies, municipality acting as, 
 liability of. 81, 486, 487. 
 
 wrongful acts not authorized by munici- 
 pality, liability for. 30, 408-411. 
 
 'Negligence generally. 
 
 business of profit, liability for negligence 
 in carrying on. 30, 402, 403. 
 
 cases of nonliability for negligence of 
 officers. 30, 378-381. 
 
 contractors, municipal liability for negli- 
 gence of. 30, 411-413. 
 
 fire department, liability for negligence in 
 management of. 30, 398, 399. 
 
 hospitals and almshouses, liability for 
 negligence of officers of. 30, 402. 
 
 in plan of public work, liability for. 30, 
 379, 380. 
 
 negligence and other misconduct of offi- 
 cers and agents, liability for. 30, 376- 
 413. 
 
 negligence for which a city may be liable 
 12, 753, 754. 
 
 negligence with respect to bridges. 12, 
 7.54. 
 
 negligence with respect to sewers. 12, 
 754. 
 
 negligence with respect to sidewalks, 
 streets, and highways. 12, 753, 754. 
 
 public duties imposed by charter, liabil- 
 ity for, in discharge of. 30, 383, 384. 
 
 public duties, negligence in discharge of, 
 liability for. 30, 381, 382. 
 
 public duties voluntarily assumed, negli- 
 gence in discharge of, liability tor. 30, 
 382, 383. 
 
 schools and school property, liability for 
 negligence in management of. 30, 398. 
 
 streets, cases affirming liability for negli- 
 gence in respect to. 30, 385-387. 
 
 streets, cases denying liability for negli- 
 gence in respect to. 30, 384. 
 
 streets, liability for dangerous condition 
 of. 17, 735-737. 
 
 streets, liability for defects in plan of 
 improvement. 30, 387, 388. 
 
 streets, negligence and not injury is the 
 test of liability in respect to. 30, 388, 
 389. 
 
 Negligence generally — Continued. 
 
 test of liability for negligence, Is the duty 
 
 municipal. 30, 403-405. 
 test of municipal liability for negligence. 
 
 30, 376, 377. 
 waterworks, liability for negligence in 
 
 management of. 30, 399-401. 
 wharves and piers, liability for negligence 
 
 in management of. 30, 403. 
 workhouses, liability for negligence of 
 
 officers of. 30, 402. 
 
 Nuisances generally. 
 
 buildings and walls, liability for fall of. 
 15, 849. 
 
 liability of city for creating or maintain- 
 ing a nuisance. 15, 845-849. 
 
 nuisances, liability for. 34, 25-27. 
 
 nuisance, liability for generally. 15, 845- 
 847. 
 
 nuisance, liability for licensing. 15, 845, 
 847. 
 
 nuisance, indictment for. 15, 845. 
 
 nuisance, liability of municipality for. 
 30, 395-398. 
 
 Grading streets. 
 
 grading streets, liability for injuries upon 
 
 adjacent property by. 34, 847-849. 
 lateral support, liability for removing, in 
 
 grading streets. 34, 845-849. 
 streets, grading, so as to interfere with 
 
 surface water. 30, 390-393. 
 streets, grading, so as to interfere with 
 
 watercourses. 30, 389, 390. 
 streets, grading, so as to throw surface 
 
 water on lands. 30, 393-395. 
 streets, liability for negligence in grading. 
 
 30, 389. 
 
 Obstruction of streets. 
 
 obstruction in streets placed by independ- 
 ent contractors, employer's liability for. 
 
 76, 392. 
 obstruction of light and air over. 41, 324. 
 obstructing streets as nuisance. 15, 847. 
 obstructing streets by private person. 1, 
 
 840-844. 
 private person obstructing street, must 
 
 be reasonable. 1, 841, 842. 
 private person obstructing streets, right 
 
 to. 1, 840-844. 
 railroad obstructing street by cars. 1, 
 
 843. 
 streets, obstructions in, as proximate 
 
 cause of injury. 36, 841, 842. 
 streets, obstructions in, liability of rail- 
 road company for. 27, 240, 241. 
 Pollution of streams. 
 
 nuisance created by cities in polluting 
 
 streams. 84, 916-920. 
 streams, pollution of, as taking property 
 
 without compensation. 84, 924-926. 
 streams, pollution of by cities as causing 
 
 a nuisance. 84, 916-920. 
 streams, pollution of by cities, statutory 
 
 authority as a defense to. 84, 920-923. 
 stream, public convenience as giving cities 
 
 a right to use. 84, 914-916. 
 stream, reasonable use of, by cities. 84, 
 
 911-914. 
 
179 
 
 INDEX-DIGEST TO NOTES. 
 
 Municipal Corporations 
 
 Pollution of streams — Continued. 
 
 stream, reasonable use of, what is. 84, 
 
 909-911. 
 stream, right to reasonable use of. 84, 
 
 909-911. 
 waters, right of municipality to pollute. 
 
 84, 908-926. 
 
 Sewers. 
 
 abandonment of, right of. 29, 743. 
 defective plan, liability for. 29, 737-739 
 defects in, notice of. 29, 741. 
 failure to provide, liability for. 29, 737 
 
 739. 
 flooding private property by, liability for, 
 
 29, 741-743. 
 injury from open, liability for. 29, 743 
 
 744. 
 
 negligence in constructing sewers, liabil- 
 ity of cities for. 84, 923, 924. 
 negligent construction of, liability for, 
 
 29, 739, 740. 
 nuisance, creating, in constructing. 29 
 
 741, 742. 
 open, injury from, liability for. 29, 743 
 
 744. 
 repair, duty to keep in. 29, 740, 741. 
 sewers, liability for defects in and want 
 
 of repair of. 29, 737-744. 
 sewers as nuisance. 15, 848. . 
 surface water collected by, liability for. 
 
 29, 742, 743. 
 
 XI. Fiscal Management. 
 
 Legislative control over revenues. 
 
 revenues, legislative control over. 35, 
 
 534-536. 
 taxation, power of, subject to legislative 
 control. 35, 535, 538. 
 
 Mimicipal indettedness. 
 
 anticipated revenues, indebtedness against, 
 whether within prohibition against. 44, 
 238, 239. 
 character of debt, whether voluntary or 
 
 involuntary. 44, 234. 
 claims payable out of special funds, 
 whether within prohibition against. 
 44, 237. 
 compulsory indebtedness not founded on 
 tort, whether included in prohibition 
 against. 44, 234-236. 
 consolidation of municipalities does not 
 
 increase. 44, 241. 
 effect of contracting prohibited debts. 
 
 44, 241-243. 
 evasion of prohibitions against. 44, 233, 
 
 234. 
 existing funds, warrants against, excluded 
 
 from prohibition. 44, 237. 
 form in which debt exists immaterial. 
 
 44, 233. 
 indebtedness beyond the amount author- 
 ized by the constitution. 45, 258, 259. 
 indebtedness beyond the constitutional 
 
 limit is wholly void. 45, 259, 260. 
 indebtedness beyond constitutional limita- 
 tion void. 44, 242, 243. 
 indebtedness held by mimieipality not in- 
 "luded. 44, 241. 
 
 Municipal indebtedness — Continued. 
 
 indebtedness, notice must be taken of 
 
 limitations upon power to create. 45, 
 
 258. 
 indebtedness, not used in any special or 
 
 limited sense. 44, 230-232. 
 liabilities imposed by the state, whether 
 
 included in prohibition against. 44, 
 
 234. 
 municipality within a municipality, debt 
 
 of, not included. 44, 241. 
 notice of law prohibiting. 44, 242. 
 prohibitions against are self-executing. 
 
 44, 242. 
 prohibition against, what is within the 
 
 meaning of. 44, 229-243. 
 recitals false in fact as, to debts, effect of. 
 
 44, 242. 
 salary of public officer, whether included 
 
 in prohibition against. 44, 236, 2^7. 
 statutory provisions prohibiting, effect on 
 
 debts. 44, 241-243. 
 time of payment as affecting prohibition 
 
 against. 44, 239, 240. 
 time wtien indebtedness must be consid- 
 ered as a debt. 44, 241. 
 void if beyond constitutional limit. 44, 
 
 242, 243. 
 
 Municipal bonds. 
 
 assignee of bona fide holder of. 51, 824. 
 
 authority to borrow money and issue 
 
 bonds must be conferred by statute. 
 
 81, 827.' 
 
 bona fide holders of, their rights pass to 
 
 their assignees. 51, 824. 
 bonds, refunding to replace old liabilities. 
 
 44, 240. 
 burden of proof which a bona fide holder 
 
 must assume. 51, 824. 
 charter of municipal corporation, bond- 
 holders must take notice of. 51, 826. 
 conditions precedent, determination in 
 
 favor. 51, 842. 
 conditions precedent, elections. 51, 844- 
 
 848. 
 conditions precedent, orders and ordi- 
 nances of municipal legislature. 51, 
 848. 
 conditions precedent, recitals affirming 
 
 the existence of. 51, 835. 
 dating and its effect. 51, 850. 
 de facto municipality is essential to. 51, 
 
 825. 
 directions regarding time and mode of 
 
 issuing. 51, 853. 
 duty of bondholders to examine public 
 
 records and registeries. 51, 833. 
 elections as conditions precedent to the 
 
 issuing of. 51, 846. 
 elections for, irregularities in canvassing 
 
 votes. 51, 848. 
 elections for, majority of persons actually 
 
 voting may decide. 51, 847. 
 elections for, must be authorized. 51, 
 
 845. 
 elections for, notice of, defects in. 51, 
 
 846. 
 elections for, notice of, must be given. 
 
 51, 845, 846. 
 elections for, notice of, omissions therein. 
 51, 846, 847. 
 
Municipal Corporations 
 
 INDEX-DIGEST TO NOTES. 
 
 180 
 
 Municipal hands — Continued. 
 
 elections for, notice of, purpose and 
 amount of debt should be stated there- 
 in. 51, 846, 847. 
 
 elections for, notice of, substantial ele- 
 ments of. 51, 846. 
 
 elections for, ofEcers of, 51, 847. 
 
 elections for, recital in bonds precluding 
 further inquiry. 51, 848. 
 
 elections for, statutes requiring are man- 
 datory. 51, 844. 
 
 equitable relief against contesting because 
 of laches and acquiescence. 51, 856, 
 858. 
 
 estoppel against defense of overissue. 51, 
 836. 
 
 estoppel against denying validity of. 51, 
 856. 
 
 failure to file assent of taxpayers. 51, 
 834. 
 
 failure to provide interest and sinking 
 fund, when makes void. 51, 833. 
 
 for unauthorized purposes are void. 51, 
 849, 850. 
 
 form and contents of. 51, 850. 
 
 fraudulent delivery of. 51, 854. 
 
 inherent power of municipalities to issue. 
 51, 831. 
 
 inquiry, duty of on the part of purchasers. 
 51, 824. 
 
 irregularities in issuing. 51, 853. 
 
 irregularities in, what are, and their 
 effect. 51, 823. 
 
 laches in contesting validity of. 51, 856. 
 
 lis pendens, how far affected by. 51, 824. 
 
 municipality, defects in organization of. 
 51, 826. 
 
 negotiable, implied power of municipality 
 to issue. 51, 830, 831. 
 
 negotiability of, general rule regarding. 
 51, 823. 
 
 notice of amount of existing indebtedness 
 must be taken. 51, 833, 834. 
 
 notice of collateral secret agreements. 51, 
 834. 
 
 notice of facts appearing vipon the face 
 of. 51, 832. 
 
 notice of who are officers of the munici- 
 pality must be taken by bondholders. 
 51, 825. 
 
 notice of public records. 51, 833. 
 
 notice of the law must be taken bv bond- 
 holders. 51, 831, 832, 842. 
 
 officers de facto are essential to the is- 
 suing of. 51, 825. 
 
 officers, signature of, whether indis- 
 pensable. 51, 852. 
 
 ordinances and orders directing Issuing 
 of. 51, 848. 
 
 overissue, estoppel against defense of. 
 51, 836. 
 
 overissue, is void. 51, 855. 
 
 payee, variances in describing. 51, 854. 
 
 payment, place of. 51, 851. 
 
 payment, time of, unauthorized variance 
 in. 51, 851. 
 
 power to issue, from what implied. 51, 
 830, 831. 
 
 preliminary petitions. 51, 839. 
 
 Municipal ionda — Continued. 
 
 public records, protection afforded by. 
 51, 834, 835. 
 
 purposes for which may be issued. 51, 
 849. 
 
 quantum meruit to recover money paid 
 for invalid. 51, 860. 
 
 quo warranto against municipalily, effect 
 of upon its bonds. 51, 827. 
 
 ratification of by the municipal author- 
 ities. 51, 860. 
 
 recitals in, made by officers not authorized 
 to make them. 51, 837. 
 
 recitals in, of matters of law. 51, 838. 
 
 recitals in, respecting precedent elections. 
 51, 848. 
 
 recitals in, when do not protect bona fide 
 holders. 51, 836. 838. 
 
 recitals in, when protect purchasers. 51, 
 835. 
 
 refunding bonds to replace old liabilities. 
 44, 240. 
 
 registration, absence of, when makes void. 
 51, 833. 
 
 repeal of municipal charter, effect of 
 upon. 51, 827. 
 
 sale of, frauds in. 51, 854. 
 
 sealing. 51, 853. 
 
 secret equities, bona fide holders are pro- 
 tected from. 51, 823. 
 
 signing, when essential. 51, 852. 
 
 statutes authorizing must be constitu- 
 tional. 51, 825. 
 
 tests to determine what ate conditions 
 precedent. 51, 839. 
 
 time of issuing, statutes concerning are 
 not mandatory. 51, 853. 
 
 void, action to recover money paid mu- 
 nicipality for. 51, 860, 861. 
 
 Remedies of taxpayer. 
 
 injunction against illegal acts of munici- 
 pality. 2, 97-102. 
 
 injunction against illegal levy of tax. 2, 
 95. 
 
 injunction against issuance of bonds. 2, 
 98, 101. 
 
 injunction against misappropriation of 
 public money or property. 2, 92-105. 
 
 may enjoin collection of illegal tax. 2, 
 98. 
 
 taxpayers, when bound by judgment 
 against municipalities. 27, 196-198. 
 
 XII. Claims Asainst Municipality. 
 
 claims against municipality, action upon 
 rejected. 55, 207, 209. 
 f claims against, allowance of claims not 
 authorized by law, effect of. 55, 204, 
 208, 209. 
 
 claims against, allowance of, when bind- 
 ing on municipalitv. 55, 207, 208 
 
 claims against, liability of officers for al- 
 lowing. 55, 205. 
 
 claim against, statutes requiring present- 
 ment of. 55, 204. 
 
 effect of allowance or rejection of claims. 
 55, 203-209. 
 
 super^dsors, functions of when acting 
 upon claims against. 55. 205. 
 
181 
 
 INDEX-DIGEST TO NOTES. 
 
 Navigable Waters 
 
 XIII. Actions. 
 
 exemplary damages, municipality not 
 liable for. 28, 877. 
 
 garnishment, oases holding they are not 
 subject to. 51, 115. 
 
 garnishment, cases holding they are sub- 
 ject to. 51, 117, 118. 
 
 garnishment of corporations, statutes au- 
 thorizing do not apply to municipali- 
 ties. 51, 117. 
 
 garnishment of, for debts due their cred- 
 itors. 51, 118. 
 
 garnishment of, for moneys due for pub- 
 lic work. 51, 115. 
 
 garnishment of, for moneys due to citizens 
 by. 51, 115. 
 
 injunction against acts of municipalities 
 in excess of their powers. 36, 449-452. 
 
 judgments against, when bind state or 
 the people. 27, 195-198. 
 
 pleading in suit against city for torts. 
 34, 28, 29. 
 
 MUma V. ILLINOIS, 
 evolution and diminution of. 62, 289-304. 
 
 MUEDEE. 
 See Homicide. 
 
 LIUTUAL LIFE INSUEANCE. 
 
 law applicable to. 52, 543-579. 
 See Insurance. 
 
 NAME. 
 
 execution of deed by one not named as 
 
 grantor. 23, 82-85. 
 fictitious, deeds made in. 23, 85. 
 of corporation, failure to state, effect. 
 
 33, 178. 
 
 NATIONS. 
 
 right of, to control fisheries. 23, 837. 
 
 NATXTEAL GAS. 
 
 wasting, as a crime. 78, 256. 
 
 NATtTEAL GUAEDIANS. 
 
 powers of. 89, 268, 269. 
 what are. 89, 264, 265. 
 
 NAVIGABLE WATEES. 
 I. Rlgbts of Public. 
 II. Lands Under Water. 
 III. Riparian Rlgbts. 
 
 I. Rlgbts of Pnbllc. 
 
 Navigable waters. 
 
 as boundary lines. 27, 56-58. 
 
 damages for obstruction, private actions 
 for. 57, 696, 698. 
 
 equity, remedy in to prevent the creating 
 or continuance of public nuisances. 57, 
 694. 
 
 fisheries, regulation of by the state. 53, 
 293. 
 
 fish, right of citizens and subjects to take. 
 53, 290. 
 
 indictment is a proper remedy for a pub- 
 lic nuisance in. 57, 693. 
 
 Navigable waters — Continued. 
 
 injunction to prevent obstruction of. 57, 
 694. 
 
 navigation, state regulation of. 27, 554- 
 557. 
 
 nuisance in, equity may interfere to pre- 
 vent. 57, 694. 
 
 public rights in. 53, 291. 
 
 remedies for obstruction of. 57, 693-701. 
 
 rights to fish and hunt on. 13, 417, 420. 
 
 rivers, state regulation of improvements 
 in. 27, 555. 
 
 special damages to private persons for ob- 
 structions in, what are. 57, 696, 697. 
 
 structures in, as purprestures. 69, 273, 
 274. 
 
 unlawful obstructions in, indictment 
 against persons maintaining. 57, 693. 
 
 vessels, owners of, whether may maintain 
 actions for obstructions in. 57, 698. 
 
 wharves, owners of, whether may main- 
 tain actions for obstructions in. 57, 
 696, 700. 
 
 what are. 19, 227; 22, 201, 202. 
 
 II. Lands Under Water. 
 
 Lands under navigable waters. 
 
 grants of land bordering upon. 53, 291. 
 
 inland lakes, title to lands beneath. 53, 
 292. 
 
 lands beneath, are not included in grants 
 or conveyances not specially naming 
 them. 53, 297. 
 
 lands beneath, laws authorizing disposi- 
 tion of public lands do not apply to. 
 53, 297. 
 
 lands beneath, may vest in private owner- 
 ship. 53, 293, 300. 
 
 navigable streams as boundary lines. 27, 
 56-58. 
 
 states, title to lands beneath bays and 
 arms of the sea. 53, 293. 
 
 tide lands belong to the states. 53, 298, 
 299. 
 
 title to lands beneath arms of the sea. 
 53, 290. 
 
 title to lands beneath, conflict between 
 _ state and national grants to. 53, 292. 
 
 title to lands beneath, when vested in ad- 
 jacent proprietor. 53, 289. 
 
 title to land covered by tidal and other 
 navigable waters. 53, 289-300. 
 
 trust in favor of navigation and com- 
 merce. 53, 293. 
 
 access, right of adjacent land owners to. 
 53, 289. 
 
 III. Riparian Rights. 
 
 accretions, right to, of. 35, 308-310. 
 
 accretions with reference to islands. 72, 
 280-286. 
 
 avulsion, how differs from accretion. 72, 
 284. 
 
 diminish flow of streams, right of land 
 owner to. 85, 708, 715. 
 
 erosion. 72, 284, 285. 
 
 riparian owner's rights in, and in lands 
 under such waters. 19, 226-235. 
 
 title of riparian owners to land On navi- 
 gable stream. 22, 201. 
 
Navigation 
 
 KfDEX-DIGEST TO NOTES. 
 
 182 
 
 "^'avigaile waters — Continued. 
 
 trust in favor of riparian owners. 53, 
 
 294. 
 trust upon which title to land beneath is 
 held. 53, 293. 
 
 NAVIGATION. 
 
 state regulation of. 27, 549-557. 
 trust in navigable streain for. 53, 293. 
 
 NECESSAKIES. 
 
 contracts for, by insane person. 71, 427. 
 liability of infant for. 18, 643-659. 
 power of wife to contract for. 64, 862, 
 
 863. 
 test as to what are. 18, 650-652. 
 what are. 18, 653-658; 74, 268, 269. 
 
 NEGLIGENCE. 
 I. Acts Constitntlng NegUsence and 
 Llalilllty Therefor. 
 II. Proximate Cause of Injary. 
 
 III. Contributory TTegllgeiice. 
 
 IV. Actions. 
 
 I. Acts Constituting Jfcgllsenoe and Iiia- 
 bllity Therefor. 
 
 Negligent acts generally. 
 
 accident as -establishing negligence. 20, 
 490-495. 
 
 by banks in collecting commercial paper. 
 77, 616-626. 
 
 cold storage, negligence of persons en- 
 gaged in business of. 90, 296-298. 
 
 in signing notes, effect of. 37, 459, 460. 
 
 in use of highway. 48, 372, 373. 
 
 of abstracters in relying on a marginal 
 reference. 72, 315. 
 
 of administrator respecting foreign as- 
 sets. 45, 670. 
 
 of bank in caring for deposits. 38, 780- 
 783. 
 
 of depositor in drawing checks. 17, 897, 
 898. 
 
 of druggists. 55, 255. 
 
 of insured person causing death, effect of. 
 84, 542, 543. 
 
 of maker in executing negotiable instru- 
 ments. 11, 320. 
 
 of maker of note which facilitates altera- 
 tion. 4, 25, 26. 
 
 of of&cers of corporation in respect to 
 duties owing to the corporation. 48, 
 923. 
 
 of sleeping-car company, liability for. 26, 
 334, 335. 
 
 of telegraph company in finding addressee 
 of telegram. 27, 923-925. 
 
 reckless negligence toward intoxicated 
 persons. 25, 42, 43. 
 
 towards intoxicated persons, care due. 
 25, 44-47. 
 
 toward intoxicated persons, reckless neg- 
 ligence. 25, 42, 43. 
 
 trover, negligence does not constitute. 
 24, 808. 
 
 Negligence relating to children. 
 
 children as trespassers, injury to. 49, 
 
 416-419. 
 children, capacity of. 49, 409-411. 
 children, care exacted of. 49, 408-411. 
 children, injury to, acts and omissions 
 
 constituting negligence. 49, 426-433. 
 children, injury to, caused by dangerous 
 
 machinery. 49, 419, 420. 
 children, injury to, caused by negligence. 
 
 49, 406-408. 
 children, injury to, caused by wells, ex- 
 cavations, openings, and pools of water. 
 
 49, 423-426. 
 children, injury to, no recovery unless de- 
 fendant was negligent. 49, 415, 416. 
 children, injury to, on highway. 49, 421- 
 
 423. 
 children, injury to, on railroad track. 49, 
 
 421-423. 
 children, injury to, recovery by infant. 
 
 49, 408-413. 
 children, injury to, recovery by parent. 
 
 49, 406-408. 
 children, liability for want of ordinary 
 
 care toward. 49, 414, 415. 
 children, negligence in dealing with. 49, 
 
 406-433. 
 children, negligence of parents as to. 40, 
 
 415. 
 children, negligence of street r&ilways 
 
 toward. 49, 431-433. 
 children, turntable cases. 49, 417, 41g. 
 of children, parents not answerable for. 
 
 74, 801, 802. 
 parents, duty of with respect to children. 
 
 49, 406-408. 
 railways, negligent management of with 
 
 respect to children. 49, 429-431. 
 Negligent keeping of dangerous instrumental- 
 ities. 
 animals, negligence in keeping. 36, 831- 
 
 834. 
 
 continued use of appliances as negligence. 
 oOj 738. 
 
 dangerous articles, negligent use of. 36, 
 814, 815. 
 
 dangerous machinery, what is not. 49, 
 420, 421. 
 
 diligence required when human life is in- 
 volved. 77, 26-30. 
 
 electricity, care required in management 
 of. 36, 822; 77, 29. 
 
 explosives, care required in management 
 of. 77, 29, 30. 
 
 expense must not be spared. 77, 26. 
 
 fires, liability for starting. 30,' 501-507. 
 
 fires, negligence in causing. 36, 823-827 
 
 in keeping and storing explosives. 67, 
 
 loo. 
 
 passenger elevators, care required of own- 
 ers of. 77, 28. 
 
 railroad company's duty to furnish im- 
 proved appliances. 65, 738-742 
 
 street-car corporations, rules applicable 
 to. 77, 28. 
 Negligent use of land. 
 
 care required of mine owners. 87, 557- 
 595. 
 
183 
 
 INDEX-DIGEST TO NOTES. 
 
 Negligence 
 
 Negligent use of land — Continued. . . 
 
 in construction and maintenance of ditches 
 
 by water company, liability for. 81, 
 
 492-494. 
 in constructing sewers, liability of munici- 
 ' palities for. 84, 923, 924. 
 in making excavations on land. 33, 468- 
 
 470. 
 mine owners, liability of for negligence of 
 
 mine boss. 87, 592-594. 
 pollution of streams by cities as. 84, 916- 
 
 92a. 
 sewers, in construction of. 29, 739, 740. 
 streets, municipal liability for negligence 
 
 in respect to. 30, 384-g'95. 
 trespassers, rules applicable to. 77, 28. 
 
 Liability for negligence. 
 
 accidental negligence as ground for for- 
 feiture of corporate franchise. 8, 183. 
 
 concurrent liability not depend on being 
 partners or co-owners, or engaged in a 
 common enterprise. 16, 250. 
 
 concurrent liability of railroads. 16, 250. 
 
 concurrent liability of two or more per- 
 sons acting jointly. 16, 250-257. 
 
 concurrent negligence of another not miti- 
 gate liability of defendant. 16, 252, 2o3. 
 
 contract limiting telegraph company's lia- 
 bility for negligence. 10, 711. 
 
 contribution between persons jointly 
 liable. 16, 255, 257. 
 
 express companies, liability for negligence 
 of agents. 61, 381. 
 
 express company's liability not limited by 
 contract. 61, 380, 381. 
 
 express companies, liability of, for loss of 
 goods through negligence of railway 
 companies. 62, 525. 
 
 joint and several liability. 16, 250-257. 
 
 lessor of railroad, liability to employes of 
 lessee. 58, 149. 150. 
 
 lessor of railroad, liability to passengers 
 injured by negligence of lessee. 58, 
 152, 153. 
 
 liability of directors of corporations for. 
 17, 95-101. 
 
 limiting liability for, by notice, carrier. 
 5, 720-729. 
 
 master's liability for servant's negligence. 
 54, 73. 
 
 municipal liability for negligence of offi- 
 cers and agents. 30, 376-413. 
 
 of attorney as ground for relief from a 
 judgment. 80, 264-271. 
 
 of executors and administrators, estate 
 not liable for. 52, 132, 133. 
 
 of independent contractor, master's lia- 
 bility for. 76, 382-428. 
 
 of officers, no defense to sureties on official 
 bonds. 90, 206. 
 
 of officers of corporation, liability to third 
 persons for. 48, 926. 
 
 partners, liability of. 16, 250. 
 
 partnership, liability for negligence. 67, 
 41, 42. 
 
 II. Proximate Cause of Injury. 
 
 Proteimate cause of injury. 
 
 accident insurance, what losses recover- 
 able in. 36, 859-861. 
 
 I-'roximate cause of injury — Continued. 
 
 accidents, instances of for which there is 
 
 no liability. 36, 837. 
 accidents, interposition of unusual forces, 
 
 effect of. 36, 838. 
 accidents, what cause create liability for. 
 
 36, 815, 816. 
 act of God, effect of. 36, 838-840. 
 acts of third persons, when deemed result 
 
 of. 36, 840, 841. 
 animals, attacks by on human beings, 
 
 liability for. 36, 834. 
 animals, liability for causing deteriora- 
 tion in value of. 36, 831. 
 animals, liability for causing escape of. 
 
 36, 831, 832. 
 animals, liability for frightening. 36, 
 
 832. 
 animals, liability for property destroyed 
 
 by. 36, 831. 
 animals, liability for spreading disease , 
 
 among. 36, 831. 
 animals, turning loose, liability for. 36, 
 
 832, 833. 
 business, damages to, what recoverable. 
 
 36, 850. 
 business, injuries to, when a probable re- 
 sult of. 36, 850. 
 caring for person injured, liability for 
 
 negligence in. 36, 828, 829. 
 carriers, deviation by, for what results 
 
 answerable. 36, 821. 
 carriers, liability for acts resulting from 
 act of God and negligence. 36, 838, 
 840. 
 children, persons dealing with must an- 
 ticipate ordinary behavior of. 36, 835, 
 836. 
 children, liability for leaving machines 
 where they inflict injury upon. 3B, 835. 
 contribution by injured party to result. 
 
 36, 846. 
 dangerous alternatives, injuries arising 
 from necessity of choosing between. 36, 
 847. 
 dangerous articles, liability for using. 
 
 36, 814. 
 dangerous articles, what accidents deemed 
 
 probable result of. 36, 815. 
 disagreeable alternatives, ' injuries result- 
 ing from choosing between. 36, 848. 
 disease, liability for causing. 36^ 829. 
 disease, liability for spreading. 36, 831. 
 duty imposed by statute, breach of, who 
 
 may recover for. 36, 817. 
 electricity, action of for which wrongdoer 
 
 is answerable. 36, 822. 
 elements, action of, wrongdoer is charge- 
 able with notice of. 36, 823. 
 fire insurance, what losses recoverable in. 
 
 36, 859-861. 
 fires, injuries deemed direct result of neg- 
 ligence in starting. 36, 823-826. 
 flres, intervention of other lands between 
 plaintiff's and defendant's, effect of. 
 36, 824. 
 flres, intervention of space does not affect 
 
 liability for. 36, 824. 
 fires, jury, when liability question for. 
 36, 824. 
 
Negligence 
 
 INDEX-DIGEST TO NOTES. 
 
 184 
 
 Proximate cause of injury — Continued. 
 
 fires, liability for preventing extinguish- 
 inent of. 36. 827. 
 
 fires, starter of, for what results liable. 
 36, 823. 
 
 fires, starter of, when liable for rekindling 
 and smoldering. 36, 824. 
 
 fires,, starter of, when liable for spread. 
 36, 823. 
 
 fires, wind, spread by, effect of. 36, 824. 
 
 frightening animals, what results at- 
 tributable to. 36, 823, 824. 
 
 gas under pressure, liability for escape of. 
 36, 822. 
 
 God, act of, concurring with negligence. 
 36, 838. 839. 
 
 God, act of, negligence subsequently oc- 
 curring. 36, 838-840. 
 
 God, act of, what deemed to be. 36, 838. 
 
 gun, defective, liability for selling. 36, 
 815. 
 
 highways, defects in, liability of munici- 
 palities for. 36. 836. ^ 
 
 highways, defects in, when is cause of in- 
 jury. 36, 836. 
 
 highways, liability of persons placing ob- 
 structions in. 36, 841, 842. 
 
 human beings, natural and probable acts 
 of, liability^ for. 36, 842. 
 
 ill health, liability for causing. 36, 828- 
 830. 
 
 injuries, when connected with wrongful 
 act. 36, 815. 
 
 insurance cases, proximate and i*emote 
 cause in. 36, 852-861. 
 
 intervening agencies. 36, 836, 837. 
 
 intervention of negligent acts of tliird 
 persons. 36, 845. 
 
 intervention of responsible human agen- 
 cies. 36, 840, 841. 
 
 intervention of willful tort feasors. 36, 
 843, 
 
 intoxicated persons, negligent treatment 
 of, liability for. 36, 828. 
 
 intoxicating liquors, liability for furnish- 
 ing. 36, 830. 
 
 is the efScient cause. 36, 807, 808. 
 
 jury and court, functions of, in determin- 
 ing. 36, 851. 
 
 killing human being, liability when ill- 
 ness increases injuries. 36, 828. 
 
 life and accident insurance, what losses, 
 recoverable in. 36, 859-861. 
 
 life, injuries resulting from desire to save. 
 36, 849. 
 
 machinery, liability for use of. 36, 827. 
 
 marine insurance, what losses recoverable 
 in. 36, 853-857. 
 
 misrepresentation, what results charge- 
 able to. 36, 846. 
 
 natural and probable acts of third per- 
 sons are deemed result of. 36, 842. 
 
 negligence of two or more persons result- 
 ing in injury to a third. 16, 250-257. 
 
 negligent acts of third persons increasing 
 injury. 36, 845. 
 
 nuisance, maintenance of, renders party 
 liable for all direct consequences. 36, 
 820. 
 
 of loss on insurance cases. 36, 852-861. 
 
 Proximate cause of injwrjf — Continued. 
 
 personal injuries, disease adding to effect 
 
 of. 36, 829, 830. 
 personal injuries, failure of person injured 
 
 to take due care of self. 36, 830. 
 personal injuries, unskillful treatment by 
 
 physician may enhance damages for: 
 
 36, 845. 
 physical loss, liability for results of. 36, 
 
 821. 
 presumption as to habits of animals. 36, 
 
 812. 
 property, acts induced by desire and effort 
 
 to save. 36, 849. 
 proximate and remote cause. 36, 807-861. 
 proximate and remote cause, in cases in- 
 volving wrongful acts. 36, 808-852. 
 proximate and remote cause, statement of 
 
 the rule. 36, 808, 809. 
 proximate cause, definition of. 36, 809. 
 proximate cause, precise form of injury 
 
 need not' have been foreseen. 36, 810. 
 proximate cause, result must have Been 
 
 foreseen. 36, 810. 
 proximate cause, test of. 36, 810. 
 railways, omission to give signals. 36, 
 
 817. 
 railways, unlawful speed of trains, effect 
 
 of. 36, 818. 
 sickness, liability for causing. 36, 829, 
 
 830. 
 slander, acts of third persons caused by. 
 
 36, 844. 
 slander, repetition of by third person not 
 
 a probable result. 36, 844. 
 statutory duty, breach of, what deemed 
 
 to be. 36, 817, 818. 
 time or distance not a decisive test. 36, 
 
 811. 
 torts, business, injuries to, resulting from. 
 
 36, 850. 
 uncontrollable impulses, a6ts resulting 
 
 from. 36, 84. 
 unlawful acts, whether render wrongdoer 
 
 liable for remote consequences. 36, 
 
 819, 820. 
 vagueness of general rules as to. 36, 811. 
 
 812. 
 vegetation, growth of, persons must take 
 
 notice of. 36, 823. 
 violation of statute by mine owner as. 
 
 87, 587, 588. 
 water, liability for results of action of. 
 
 36, 821, 822. 
 
 III. Contributory Nesllsence. 
 
 Contributory negligence. 
 
 care due to intoxicated persons. 25, 44- 
 47. 
 
 contribution by injured party to result. 
 
 36, 846. 
 contributory negligence of passengers. 1, 
 
 contributory negligence of passenger in 
 leaving moving train. 17, 422-429. 
 
 in crossing railroad track. 8, 813, 814. 
 
 in not preventing intoxication of a third 
 person. 25, 44. 
 
 in railroad cases. 11, 66, 67. 
 
 instances of what is. 8, 851. 
 
185 
 
 INDEX-DIGEST TO NOTES. 
 
 Newspapers 
 
 Contributory negligence — Continued. 
 
 instances of what is not. 8, 850, 851. 
 intoxication as contributory negligence. 
 
 25, 39-47. 
 intoxication as evidence of negligence. 
 
 25, 43. 
 intoxication does not excuse negligence. 
 
 25, 40-42. 
 intoxication, evidence of. 25, 44. 
 negligence of foot passengers. 9, 878-880. 
 not necessarily result from intoxication. 
 
 25, 39. 
 of employs of mine as a defense. 87, 586, 
 
 587. 
 of passenger in sleeping-car. 26, 336. 
 of persons buying dangerous drugs. 55, 
 
 258. 
 of persons injured by elevators. 56, 808, 
 
 809. 
 of persons injured on highways. 48, 373. 
 of person killed precludes recovery for 
 
 death. 70, 684. 
 of servant in continuing to use defective 
 
 machinery. 23, 385. 
 of servant who knowingly uses defective 
 
 machinery. 24, 321, 322. 
 when a question of fact or law. 8, 849, 
 
 850. 
 when does not prevent recovery. 8, 850. 
 
 Contributory negligence of children. 
 
 care exacted of infant measured by his 
 capacity. 14, 592. 
 
 care exacted toward infant ineasured by 
 age and capacity. 14, 592. 
 
 contributory negligence, capacity of in- 
 fant as affecting. 14, 592-594. 
 
 contributory negligence, child between 
 seven and fourteen years of age pre- 
 sumed prima facie incapable of. 14, 
 591, 592. 
 
 contributory negligence of children. 49, 
 408-413. 
 
 contributory negligence of infants, effect 
 of. 19, 20-22. 
 
 negligence of infants as bar to recovery 
 for personal injuries. 14, 590-596. 
 
 parents' negligence not imputed to infant. 
 14, 590. 
 
 Comparative negligence. 
 
 reckless negligence toward intoxicated 
 persons. 25, 42, 43. 
 
 Imputed negligence. 
 
 imputed negligence, as applied to chilSren. 
 
 49, 413, 414. 
 parent's negligence not Imputed to child. 
 
 14, 590. 
 when not imputed to infants. 19, 20-22. 
 
 IV. Actions. 
 
 Actions for negligence. 
 
 accident as evidence of negligence. 20, 
 490-495. 
 
 allegation of negligence ' in action to re- 
 cover for loss by fire. 42, 538. 
 
 amendments to pleadings in. 51, 426. 
 
 burden of proof, on whom rests. 6, 792. 
 
 burden of proving negligenee~of druggists. 
 55, 256. 
 
 Actions for negligence — Continued. 
 
 claims for negligence, when a preference 
 over railroad mortgages. 54, 426. 
 
 damages for negligence of telegraph com- 
 panies. 10, 711, 712. 
 
 damages to business, what recoverable. 
 36, 850. 
 
 exemplary damages against corporations. 
 59, 595-597. 
 
 exemplary damages for negligence. 28, 
 877, 878. 
 
 negligence as a bar in equity to relief 
 against judgments. 53, 444-453. 
 
 negligence as a bar to relief from judg- 
 ments. 54, 247-249. 
 
 negligence in failing to discover mistake 
 as bar to relief from deed. 65, 509. 
 
 presumption of negligence from accidents. 
 30, 736-738. 
 
 presumption of negligence from explosion 
 of oil. 67, 139. 
 
 presumption of negligence from railway 
 accident. 20, 490-495. 
 
 presumption of negligence when an injury 
 has been suffered, and thefe is no evi- 
 dence showing who was at 'fault. 6, 
 792-795. 
 
 presumption of negligence, when arises 
 from accident. 20, 490-495. 
 
 repairs or improvements made after acci- 
 dent not evidence of negligence. 18. 
 307-310. 
 
 NEGOTIABLE INSTRUMENTS, 
 indorsement by a stranger before delivery, 
 
 joint maker, when creates liability as. 
 
 72, 676-680. 
 indorsement by a stranger before delivery, 
 
 liability created by in the national 
 
 courts. 72, 676. 
 indorsement by a stranger before delivery 
 
 when instrument is payable to the 
 
 maker. 72, 684. 
 parol evidence to vary effect of an in- 
 dorsement made by a stranger before 
 
 delivery. 72, 678-681. 
 
 See Bills and Notes. 
 
 NEWLY DISCOVERED EVIDENCE. 
 
 as ground for relief from judgment. 25, 
 
 166; 54, 227. 
 relief in equity from judgments because 
 
 of. 53, 446, 447. 
 
 NEW PARTIES. 
 
 jurisdiction over, how acquired. 50, 737- 
 742. 
 
 NEWSBOY. 
 
 is a passenger. 61, 100, 101. 
 
 NEWSPAPERS. 
 
 as evidence in conspiracy. 3, 485. 
 combinations relating to publication of 
 
 news. 74, 262-264. 
 libelous publications as contempt of court. 
 
 50, 572-585. 
 libels in. 15, 333-369. 
 
New Trial 
 
 INDEX-DIGEST TO NOTES. 
 
 186 
 
 NEW TEIAL 
 equity jurisdiction to grant is becoming 
 
 obsolete. 53, 448. 
 impropriety in argument of counsel as 
 
 ground for. 9, 569. 
 in equity, granting of. 54, 232. 
 motion for, does not destroy effect of 
 judgment as estoppel. 37, 32. 
 See Criminal Law. 
 
 NEXT OF KIN. 
 See Descent and Distribution, 
 who are. 12^ 107-109. 
 
 NIGHT TIME. 
 
 burglary in, evidence of. 2, 396. 
 burglary in, indictment must aver. 2, 
 
 394. 
 in burglary, breaking and entering in. 
 
 2, 388. 
 
 NOLUS PEOSBQXn. 
 
 in favor of criminal turning state's evi- 
 dence. 40, 768. 
 
 See Criminal Law. 
 
 NOMINATIONS. 
 
 irregularities in, which avoid elections. 
 90, 60, 61. 
 
 NONFEASANCE. 
 
 agent's liability for. 22, 512-514. 
 does not constitute conversion. 24, 808. 
 officers of corporation, liability for, to 
 third persons. 48, 926. 
 
 NONBESIDENCE. 
 
 as ground for attacking judgment. 23, 
 
 115. 
 effect of, upon statute of limitations. 9, 
 
 675. 
 
 NONBESIDENTS. 
 
 creditors, effect against, of decree dis- 
 charging insolvent. 15, 212-221. 
 
 discharge in insolvency, effect of, on. 62, 
 232-234. 
 
 jurisdiction over. 53, 181, 182. 
 
 jurisdiction over, by voluntary appear- 
 ance. 53, 189. 
 
 property of, where taxable. 62, 473. 
 
 quieting title against. 1, 264-266. 
 
 NONSTHT. 
 
 judgment of, as res judicata. 49, 831- 
 833. 
 
 NONTEADING PAETNEESHIP. 
 
 definition of. 48, 441. 
 
 NONUSEE. 
 
 as cause of forfeiture of corporate fran- 
 chise. 5, 804. 
 
 as evidence of abandonment of highway. 
 57, 765, 766. 
 
 extinguishment of highways and other 
 easements by. 14, 278-282. 
 
 of corporate franchise as ground for for- 
 feiture. 8, 180-193. 
 
 NOSE. 
 
 cutting off, as mayhem. 65, 772, 773. 
 
 NOTAEIES. 
 
 acknowledgment of conveyances, duties of 
 respecting. 82, 382. 
 
 acknowledgments, when disqualified from 
 taking. 56, 800. 
 
 bonds of, liability of sureties on. 91, 579. 
 
 criminal liability of, for false certifi- 
 cates. 82, 384, 385. 
 
 damages, measure of, in actions against 
 for defective certificates of acknowl- 
 edgment. 82, 388. 
 
 damages, measure of, in action against 
 for failing to give notice of dishonor. 
 82, 388. 
 
 damages, measure of, in action against 
 for wrongfully protesting a note. 82, 
 388. 
 
 employment of, duty of bank in. 38, 
 775, 776. 
 
 forgeries, liability of sureties for. 82, 
 385, 387. 
 
 liability of, for failure to protest nego- 
 tiable paper.' 82, 380-382. 
 
 liability of, for false certificates of ac- 
 knowledgment. 82, 382, 383. 
 
 liability of, for libel by false protest. 82. 
 380. 
 
 liability of, for neglect to give notice of 
 dishonor. 82, 381. 
 
 sureties of, liability of, for defect of cer- 
 tificates. 82, 386. 
 
 sureties of, liability of, for false certifi- 
 cates. 82, 386. 
 
 sureties of, to whom answerable. 82, 
 385-387. 
 
 NOTICE. 
 
 by publication, jurisdiction acquired by. 
 
 6, 183. 
 carrier limiting liability by. 5, 720-729. 
 express company limiting liability by. 
 
 61, 367, 368. 
 in sleeping cars, as limiting company's 
 
 liability. 26, 338. 
 must be taken of municipality's power to 
 
 create debts. 45, 258. ' 
 of application for receiver. 72, 35, 36. 
 of appointment of a receiver for mort- 
 gagee. 27, 798. 
 of assignment of choaes in action. 71. 31- 
 
 36. 
 of attorney's lien. 51, 267. 
 of claim for loss by shipper to carrier, 
 
 stipulation in bill of lading as to. 88. 
 
 113-116. ^ ' 
 
 of covenant restricting use of land. 21, 
 
 of defects in sewers. 29, 741. 
 
 of disaffirmance of contract by infant 
 
 18, 664. ^ 
 
 of dissolution of partnership, effect where 
 
 not given. 40, 573. 
 of election, when necessary, and effect of 
 
 failure to properly give. 90, 67-72 
 of facts on face of municipal bonds. 51, 
 
 °^43,''5T4-M7^''°''^'^"^'' "^"^^^ty *<"•• 
 
187 
 
 INDEX-DIGEST TO NOTES. 
 
 Nuisance 
 
 'Notice — Continued. 
 
 of law prohibiting municipal indebtedness. 
 44, 242. 
 
 of motion to vacate judgment, when must 
 be given. 60, 659, 660. 
 
 of nunc pro tunc entry of judgment. 4, 
 833. 
 
 of powers of corporation to outside per- 
 sons. 70, 176-178. 
 
 of power of municiDality to issue bonds. 
 51, 831. 
 
 of sale of impounded animals. 90, 218- 
 220. 
 
 of trust, constructive, what is. 63, 470\ 
 
 of trust, sufficient. 63, 469-471. 
 
 of trustee's sale. 19, 281, 286-288. 
 
 that party will not perform contract, ef- 
 fect of. 33, 791-797. 
 
 to agent as notice to principal. 24, 228- 
 233. 
 
 to attorney, when notice to client. 57, 
 914-919. 
 
 to donee of voluntary trust. 34, 224. 
 
 to entryman on public lands before can- 
 cellation of entry. 75, 880-882. 
 
 to guarantor, whether required. 64, 401. 
 
 to insurer of assignment of life insur- 
 ance policy. 87, 495-497. 
 
 to partners after dissolution. 40, 568. 
 
 to passenger of conditions on tickets. 84, 
 399-401. 
 
 to persons interested in partition of es- 
 tates of decedents. 41, 146, 147. 
 
 NOTORIETY. 
 
 essential to adverse possession. 28, 158- 
 162. 
 
 NOVATION. 
 
 of debts of old corporation, upon consoli- 
 dation. 59, 557. 
 
 NUISANCE. 
 I. Private Nmlsaiices. 
 II. Public NnlBances. 
 
 I. Private Nuisances. 
 
 Private nuisances generally. 
 
 basis of liability for. 86, 509, 510. 
 
 beneficiaries under trust not liable for. 
 86, 521. 
 
 created by independent contractor, em- 
 ployer's liability for. 76, 399-401. 
 
 debris, custom, cannot give right to de- 
 posit in stream. 30, 556. 
 
 debris, deposit of, not authorized by legis- 
 lature. 30, 555, 556. 
 
 debris from mines and manufactures, de- 
 posit of, when a nuisance. 30, 551-554. 
 
 directors of corporation, when liable for. 
 74, 611. 
 
 grantee's liability for injuries resulting 
 from nuisance. 86, 514, 515. 
 
 grantees of railways, liability of, for 
 nuisance. 86, 520, 521. 
 
 grantee who knowingly continues a 
 nuisance may be liable therefor. 86, 
 510-512. 
 
 grantor is liable for a nuisance which he 
 creates. 86, 510-512. 
 
 Private nuisances generally — Continued. 
 
 heirs and devisees, liability of, for nui- 
 sance. 86, 521. 
 
 lessees of railways, liability of, for nui- 
 sance. 86, 520, 521. 
 
 lessor and lessee, joint and several lia- 
 bility of, for nuisance. 86, 520. 
 
 lessor and lessee, respective liability of. 
 86, 515. 
 
 lessor's liability for nuisance. 86, 515, 
 516. 
 
 lessor, notice to, of nuisance. 86, 516, 
 517. 
 
 lessor, wrongful acts of tenants and 
 others for which he is not liable.' 86, 
 517, 518. 
 
 liability for private nuisances. 86, 510- 
 521. 
 
 liability of city for creating or maintain- 
 ing a nuisance. 15, 845-849. 
 
 liability of property owner for a nuisance 
 which he did not create. 86, 508-523. 
 
 mortgagee, liability of, for nuisance. 86, 
 521. 
 
 municipal corporation, liability for. 30, 
 395-398; 34, 25-27. 
 
 notice to grantee of existence of nuisance, 
 what sufficient. 86, 512-514. 
 
 notice to grantee of existence of nuisance, 
 when necessary. 86, 512-514. 
 
 one who creates or continues a nuisance 
 is liable therefor. 86, 509, 510. 
 
 on leased premises, when equivalent to 
 eviction. 38, 490, 491. 
 
 prescriptive right to maintain nuisances. 
 20, 178. 
 
 sewers, created by construction of. 29. 
 741, 742. 
 
 tenant's liability for nuisance. 86, 519, 
 520. 
 
 Ahatement of nuisances. 
 
 abatement by landlord before leasing 
 premises. 66, 787. 
 
 abatement by reversioner and remainder- 
 man. 14, 630, 631. 
 
 abatement of, is due process of law. 20, 
 556. 
 
 inconvenience no ground for refusing to 
 enjoin. 30, 557. 
 
 parties in suit to enjoin nuisance. 30, 
 554, 555. 
 
 Damages for nuisances. 
 
 damages recoverable. 20, 176, 177. 
 exemplary damages for. 28, 880. 
 person liable for all direct consequence. 
 
 36, 820. 
 statute of limitations against actions to 
 
 recover for. 20, 176-179. 
 successive actions for. 20, 177, 178. 
 
 II. Fnbllc Nnlsances. 
 
 PubUc nuisances. 
 
 keeping explosives on private premises 
 
 as. 67, 138. 
 keeping gunpowder and nitroglycerin, 
 
 whether a. 67, 134. 
 liability of property owner for. 86, 521- 
 
 523. 
 
Nuncupative Wills 
 
 INDEX-DIGEST TO NOTES. 
 
 188 
 
 Public nuisances — Oontirmed. 
 
 obstructions in streets, when a public 
 
 nuisance. 1, 840-842. 
 pollution of streams by cities as. 84, 
 
 916-920. 
 prescriptive right to maintain, not exist. 
 
 30, 557. 
 public, obstructions in navigable rivers 
 
 are. 57, 693. 
 purprestures are. 69, 272, 273. 
 sewers, nuisance created by construction 
 
 of. 29, 741, 742. 
 
 Bights of private persons. 
 
 private person, when may sue to re- 
 strain. 30, 554. 
 
 public, special damages entitling private 
 persons to maintain an action for. 57, 
 695-701. 
 
 Abatement. 
 
 abatement by board of health. 47, 544- 
 
 546; 80, 214-224. 
 injunction against nuisances. 35, 673, 
 
 674. 
 
 Criminal prosecution. 
 
 indictment for obstruction of navigable 
 streams. 57, 693. 
 
 indictment of city for maintaining nui- 
 sance. 15, 845. 
 
 public nuisance as a crime. 78, 256, 257. 
 
 mnsrcuPATivE wills. 
 
 rules governing. 67, 572-579. 
 See Wills. 
 
 NUKTURE GUARDIANSHIP. 
 what is. 89, 265. 
 
 OBSCENE. 
 
 books, prohibiting against mailing. 58, 
 
 595^598. 
 letters, prohibition against mailing. 58, 
 597. 
 
 OFFIOEES. 
 I. OfBcers Generally. 
 II, Title to and FOBSession of Office. 
 
 III. Rlslits, Duties, and Iiiabillties. 
 
 IV. Official Bonds. 
 
 I. Officers Generally. 
 
 Offlcers. 
 
 appointment and election synonymous. 
 13, 127. 
 
 appointment and election to office. 13, 
 125-147. 
 
 compensation must be provided before 
 compelled to accept. 36, 524. 
 
 de facta officers, when not entitled to 
 salary. 10, 284, 285. 
 
 executive power of appointment. 13, 128- 
 132. 
 
 legislative power of appointment. 13, 
 128-144. 
 
 power of appointment, constitutional pro- 
 visions respecting. 13, 125, 126. 
 
 removal from office, reviewing upon cer- 
 tiorari. 40, 45, 46. 
 
 resignation, effect of. 36, 524-527. 
 
 Officers — Continued. 
 
 resignation, form in which may be ten- 
 dered. 36, 524. 
 
 resignation of, right to make. 36, 524- 
 527. 
 
 resignation of,' right to withdraw. 36, 
 527. 
 
 resignation of, whether must be accepted. 
 36, 525-527. 
 
 statutes requiring appointment of vet- 
 erans. 55, 369, 370. 
 
 subagents of public officers. 50, 122. 
 
 Public office. 
 
 acceptance of and resignation from. 36, 
 523-527. 
 
 appointment or election to must be regu- 
 lated by law. 63, 190, 191. 
 
 are employments on behalf of the gov- 
 ernment. 63, 181, 183. 
 
 are not created by grant or contract. 63, 
 185, 186. 
 
 are parts of the due administration of 
 government. 63, 186, 187. 
 
 bonds are often incidents of. 63, 192. 
 
 commissions are evidence of appointment 
 of. 63, 192. 
 
 creation of must be by the state or 
 sovereign. 63, 184. 
 
 definitions of. 63, 181, 182. 
 
 difference between and public employ- 
 ments. 63, 182, 184, 192. 
 
 duties of are of a public nature. 63, 181, 
 182. 
 
 duties of must be prescribed by law. 63, 
 188. 
 
 duties of, whether must be continuous. 
 63, 189, 190. 
 
 emoluments are not essential elements of. 
 63, 192. 
 
 implied authority to exercise some part 
 of the sovereign power. 63, 182, 183. 
 
 legislative power to appoint. 63, 191. 
 
 must involve some exercise of the sov- 
 ereign power. 63, 183-185. 
 
 nature of. 63, 183, 184, 187. 
 
 oath is not an essential element of. 63, 
 191. 
 
 obligation to accept. 36, 523, 524. 
 
 property in. 63, 185. 
 
 public officers, what are. 63, 181-193. 
 
 source of is from the sovereign power. 
 63, 183-185. 
 
 what are not. 63, 193. 
 
 II. Title to and Possession of Office. 
 
 Claimants to office. 
 
 equity jurisdiction to interfere between 
 claimants to office. 42, 236, 237. 
 
 Right to hold more than one office. 
 
 accepting one office vacates another pre- 
 viously held, illustrations of rule. 86, 
 588-590. 
 
 incompatible offices, illustrations of. 86, 
 582. 
 
 incompatible offices, officer cannot hold at 
 common law. 86, 578-580. 
 
 incompatibility of offices under statutes, 
 and constitutions. 86, 583-586. 
 
 incompatibility of offices, what consti- 
 tutes. 86, 580, 581. 
 
189 
 
 INDEX-DIGEST TO NOTES. 
 
 Officers 
 
 Bight to hold more than one offloe — Continued. 
 loss of one office by accepting another. 
 
 86, 578-591. 
 offices not Incompatible, illustrations of. 
 
 86, 582, 583. 
 offices under different governments, 
 
 whether one may hold. 86, 586-588. 
 offices which one is not prohibited from 
 
 holding at the same time. 86, 590, 591. 
 statutory prohibition against holding two 
 
 offices. 86, 583-586. 
 
 III. Rlglits, Duties and rilabllltles. 
 
 Rights, duties, and liaMlities of officers. 
 
 certiorari, what acts reviewable upon. 
 40, 29-46. 
 
 confessions induced by. 6, 243, 244, 247. 
 
 criminal liability for neglect of duty. 
 40, 712-714. 
 
 de jure, right to salary when not in 
 possession of office. 10, 284, 285. 
 
 duty and liability of officers upon receiv- 
 ing bond of indemnity. 15, 315, 316. 
 
 election officers, irregularities respecting, 
 which avoid elections. 90, 50-55. 
 
 embezzlement by public officers. 87, 46, 
 47. 
 
 false representation by, liability for. 18, 
 562. 
 
 filing papers with. 15, 295, 296. 
 
 indemnity, right to, while engaged in the 
 execution of civil process. 89, 413-419. 
 
 indictment of officers for neglect of duties. 
 40, 712-714. 
 
 judicial officers, libelous publication con- 
 cerning. 15, 352. 
 
 liability of plaintiff to indemnify officer 
 for damages to him in enforcement of 
 civil process. 89, 448-450. 
 
 liability of, whether may be enforced 
 against their homesteads. 45, 388. 
 
 misconduct in office. 6, 130. 
 
 power to summon posse comitatus. 44, 
 136, 137. 
 
 public agent, personal liability on eon- 
 tract. 22, 510. 
 
 public, criticism of, when libelous. 15, 
 349-351. 
 
 replevin against officers. 25, 256-259. 
 
 return of, contradiction of. 23, 117. 
 
 salaries, whether included in prohibition 
 against municipal indebtedness. 44, 
 236, 237. 
 
 torts of, municipal liability for. 30, 405- 
 408. 
 
 trover committed by. 24, 797. 
 
 unauthorized acts which do not bind pub- 
 lic. 6, 131. 
 
 when act of officer is regarded as official 
 and when not. 6, 130-133. 
 
 IV. Official Bonds. 
 
 Offloiat bonds. 
 
 acceptance of, is necessary. 90, 191. 
 acts for which sureties are liable. 91, 
 
 497-579. 
 acts under color and by virtue of office, 
 
 distinction between. 91, 510-512. 
 additional bonds defined. 10, 860. 
 additional bonds, liability of. 10, 844, 
 
 S60 
 
 Offlcial bonds — Continued. 
 
 alterations in, effect of, on validity of 
 bond. 90, 202, 203. 
 
 annual bonds do not cover defaults in 
 prior years. 10, 844. 
 
 approval of, irregularity in, not invali- 
 date. 90, 190, 191. 
 
 approval of, usually essential. 90, 190, 
 191. 
 
 auditor's bonds, liability of sureties on. 
 91, 571, 572. 
 
 bond not operative until delivered. 90, 
 189. 
 
 bond, takes effect from delivery and ac- 
 ceptance. 90, 189. 
 
 city and county clerks, improper issuance 
 of warrants, liability of sureties for. 
 91, 569. 
 
 city and county clerks, misappropriation 
 of funds by, liability of sureties for. 
 91, 568. 
 
 clerks of court, bonds of, liability of sure- 
 ties on. 91, 562-568. 
 
 See Clerks of Court. 
 
 clerks of court, bonds of, liability on, for 
 new duties imposed by statute. 91, 
 507. 
 
 containing conditions in addition to those 
 required by statute, valid as to legal 
 conditions. 90, 199. 
 
 containing excessive penalties not neces- 
 sarily invalid. 90, 199. 
 
 containing less onerous conditions than 
 statute requires is valid. 90, 199. 
 
 construction of surety's obligation to be 
 reasonable. 91, 503. 
 
 county treasurer as school trustee, liabil- 
 ity of surety on general bond of. 91, 
 508. 
 
 date in, reciting erroneous, not invalidate 
 bond and release surety. 90, 196. 
 
 default for personal profit, surety liable 
 for principal's. 91, 512, 513. 
 
 default from several funds covered by 
 separate bonds, liability of sureties for. 
 91, 529. 
 
 default of principal during prior term, 
 effect on sureties. 10, 844, 845. 
 
 defective statutory bond may be valid 
 common-law bond. 90, 200. 
 
 defective statutory bond, parties in ac- 
 tions on. 90, 202. 
 
 defects and irregularities in, effect of. 
 90, 191-202. 
 
 demand of performance, whether neces- 
 sary to render surety liable. 91, 527, 
 528. 
 
 failure of officer to take oath or sue out 
 commission, no defense to. 90, 205. 
 
 failure to file and record does not invali- 
 date. 90, 189, 190. 
 
 filling in blanks in, after delivery to prin- 
 cipal, will bind surety. 90, 203. 
 
 forgery of names in, whether discharges 
 surety. 90, 204. 
 
 form of, inartificiality in does not invali- 
 date. 90, 192. 
 
 good faith of officer immaterial. 91, 529. 
 
 holding over of principal, liability of 
 sureties. 10, 856, 860. 
 
 ineligibility of officer no defense to. 90, 
 204, 205. 
 
Officers 
 
 INDEX-DIGEST TO NOTES. 
 
 190 
 
 Official bonds — Continued. 
 
 instances of liability where new duties 
 are imposed, germane to old duties. 
 91, 506, 507. 
 
 interest received on public funds, liabil- 
 ity of surety for. 91, 527. 
 
 invalidity 'of officer's title to office, no de- 
 fense to. 90, 205. 
 
 irregularities in, which fail to relieve 
 sureties" from liability. 90, 189-206. 
 
 judicial acts done corruptly, liability of 
 surety for. 91, 515. 
 
 judicial acts, liability of surety for. 91, 
 515, 516. 
 
 judicial acts, what are. 91, 515, 516. 
 
 judicial officers acting as agent for col- 
 lection, liability of sureties for. 91, 
 577-579. 
 
 judicial officers, acts corruptly done, lia- 
 bility of sureties for. 91, 576. 
 
 judicial officers, approval of bonds by. 
 91, 576. 
 
 judicial officers, bonds for ministerxal 
 acts. 91, 574, 575. 
 
 judicial officers, bonds of, when required. 
 91, 573-579. 
 
 judicial officers, ex-officio acts of, liability 
 of sureties for. 91, 579. 
 
 judicial officers, judicial acts of, when 
 bond required for. 91, 575, 576. 
 
 judicial officers, money received by, lia- 
 bility of sureties for. 91, 577-579. 
 
 justices of the peace, when bond required 
 of. 91, 574. 
 
 justification of sureties, failure in, not 
 relieve from liability. 90, 191. 
 
 liability for acts done after expiration 
 of principal's term. 10, 845, 856. 
 
 liability for performance of duties im- 
 posed upon principal subsequent to exe- 
 cution of bond. 91, 503-507. 
 
 liability of sureties on successive bonds. 
 10, 843-860. 
 
 liability where new duties are imposed 
 which are germane to old duties. 91, 
 505-507. 
 
 liability where new duties are imposed 
 not germane to old duties. 91, 503- 
 505. 
 
 liability under statute making bond cover 
 subsequently imposed duties. 91, 505. 
 
 loss of funds by act of God, liability of 
 surety for. 91, 521, 522. 
 
 loss of funds by act of public enemy, 
 what constitutes. 91, 522. 
 
 loss of funds by failure of depositary, 
 liability of surety for. 91, 520, 521. 
 
 loss of funds by fire, liability of surety 
 for. 91, 519, 520. 
 
 loss of funds by inevitable accident, lia- 
 bility of surety for. 91, 519, 520. 
 
 loss of funds by public enemy, liability 
 of surety for. 91, 521, 522. 
 
 loss of funds by robbery or theft, liabil- 
 ity of surety for. 91, 519. 
 
 loss of funds, doctrine that surety is 
 liable only in oases of negligenr-e. 91, 
 525-527. 
 
 loss of funds, doctrine that surety's lia- 
 bility is absolute unless expressly quali- 
 fied. 91, 517-524. 
 
 Official ionds — Continued. 
 
 loss of funds, liability of surety is that 
 of a debtor. 91, 516, 517. 
 
 loss of funds, liability of surety qualified 
 by bond. 91, 524. 
 
 loss of funds, liability of surety, when 
 deemed absolute. 91, 516, 517. 
 
 loss of funds without fault, conflict of 
 authority as to surety's liability for. 
 91, 517. 
 
 loss of funds without fault, liability of 
 surety for. 91, 516-527. 
 
 loss of funds without fault, liability of 
 surety for, public policy regarding. 91, 
 518, 519. 
 
 loss of funds without fault, terms of bond 
 by which surety is liable for. 91, 518. 
 
 loss of private funds held officially, lia- 
 bility of surety for. 91, 522-524. 
 
 loss of private funds held official, liabil- 
 ity of surety for negligence. 91, 522, 
 523: 
 
 loss of private funds held officially, lia- 
 bility of surety, when deemed absolute. 
 91, 523, 524. 
 
 names of sureties, omission of, from body 
 of bond, not invalidate it. 90, 197. 
 
 naming wrong obligee does not vitiate 
 the bond. 90, 197. 
 
 naming wrong obligee, who may sue to 
 enforce bond. 90, 197, 198. 
 
 negligence and wrong of officer no defense 
 to sureties on. 90, 206. 
 
 negligence of other officers causing de- 
 fault, liability of surety in oases , of. 
 91, 529, 530. 
 
 negligence of other officers where not 
 cause of principal's default, no de- 
 fense to sureties. 91, 530, 531. 
 
 nonpayment of bills incurred in perform- 
 ing official duty, liability of surety for. 
 91, 513, 514. 
 
 nonpayment of fees by de facto officer 
 to de jure officer, liability of surety for. 
 91, 514. 
 
 notaries' bonds, liability of sureties on. 
 91, 579. 
 
 obligation of sureties strictly construed. 
 91, 502, 503. 
 
 of de facto officer is valid. 90, 205. 
 
 official acts only, surety liable for. 91, 
 510-515. 
 
 past defaults, when secured by bond. 10, 
 843. 
 
 payments by public officers, application 
 of. 10, 850-854. 
 
 principal and surety bound to same ex- 
 tent. 91, 503. 
 
 probate judge, when bond required of. 
 91, 574, 575. 
 
 public inspectors, failure of to inspect, 
 liability of sureties for. 91, 573. 
 
 public inspectors, liability of sureties of. 
 91, 573. 
 
 public inspectors, money received by, lia- 
 bility of sureties for. 91, 573. 
 
 receipts as evidence against sureties. 10, 
 847. 
 
 receipts of, as evidence against their sure- 
 ties. 3, 749, 750. 
 
 release of sureties on bonds. 20, 616 618. 
 
191 
 
 INDEX-DIGEST TO NOTES. 
 
 Original Packages 
 
 Offlmal honds — Continued. 
 
 revenue stamps, omission of, not invali- 
 date bond. 90, 196. 
 seals, omission of, does not invalidate. 
 
 90, 195, 196. 
 
 sheriflf's and constable's bonds, liability 
 on for new duties imposed by statute. 
 
 91, 506. 
 
 sheriff as tax collector, liability of surety 
 on general bond of. 91, 508. 
 
 sheriff's bonds, liability of sureties on. 
 91, 531-552. 
 
 See Sheriffs and Constables. 
 
 signing by surety on condition that others 
 sign, failure to have others sign re- 
 leases surety. 90, 194, 195. 
 signing by surety on condition that oth- 
 ers sign, necessity of notice to obligee 
 in order to release surety. 90, 195. 
 signing, failure of principal in, does not 
 
 release sureties. 90, 192-194. 
 special bonds, liability of sureties on. 91, 
 
 509, 510. 
 special bonds required before entering on 
 performance of new duties. 91, 507- 
 510. 
 spoliation and alteration of, distinction 
 
 between. 90, 204. 
 statutes prohibiting conversion of public 
 funds, liability of sureties under. 91, 
 517. 
 statute requires no bond, bond must be 
 voluntarily given to be binding. 90, 
 201, 202. 
 statute requiring no bond, effect of giving 
 
 bond. 90, 200-202. 
 statutory penalties, whether sureties are 
 
 liable for. 91, 528, 529. 
 supervisors' bonds, liability of sureties on. 
 
 91, 572. 
 sureties of marshals of the United States, 
 
 liability of. 78, 423, 424. 
 sureties on general bond, liability where 
 special bonds are required for addi- 
 tional duties. 91, 507-509. 
 sureties on, liability of for illegal arrest. 
 
 78, 421, 422. 
 sureties on, whether answerable for acts 
 done under color of office. 78, 420-422. 
 sureties, when not bound by judgment 
 
 against principal. 22, 205. 
 tax collector as ex-officio treasurer, lia- 
 bility of sureties for acts of. 91, 555. 
 tax collector's bonds, liability on, for 
 new duties imposed by statute. 91, 
 506, 507. 
 tax collector collecting special levies, lia- 
 bility of surety on general bond of. 91, 
 508, 509. 
 tax collector converting funds irregularly 
 levied or collected, liability of sureties 
 for. 91, 553. 
 tax collector converting funds of uncon- 
 stitutional tax, liability of sureties for. 
 91, 554. 
 tax collectors converting proceeds col- 
 lected, liability of sureties for. 91, 
 552-55.J. 
 tax collectors failing to collect taxes, lia- 
 bility of sureties for. 91, 552. 
 tax collectors, liability of sureties of. 91, 
 552-555. 
 
 Offlcial hands — Continued. 
 
 tax collectors seizing exempt property, 
 liability of sureties for. 91, 552. 
 
 time of execution of, irregularities in, not 
 invalidate bond. 90, 191. 
 
 treasurer, bond of, covers only funds 
 actually received. 91, 560-561. 
 
 treasurer's bond, liability on, for new du- 
 ties imposed by statute. 91, 506. 
 
 treasurer depositing funds in bank, lia- 
 bility of sureties for. 91, 561, 562. 
 
 treasurer, duties of, imposed subsequent 
 to bond, liability of sureties for. 91, 
 561. 
 
 treasurer failing to render true report, 
 liability of sureties for. 91, 555, 556. 
 
 treasurer, funds of, covered by special 
 bond, whether general sureties liable 
 for. 91, 561. 
 
 treasurer improperly issuing tax receipts 
 and warrants, liability of sureties for. 
 91, 557. 
 
 treasurers, liability of sureties of. 91, 
 555-562. 
 
 treasurer misappropriating funds improp- 
 erly collected, liability of sureties for. 
 91, 558-560. 
 
 treasurer misappropriating funds improp- 
 erly received, liability of sureties for. 
 91, 558. 
 
 treasurer misappropriating public funds, 
 liability of sureties for. 91, 557-561. 
 
 treasurer paying illegal warrants, liabil- 
 ity of sureties for. 91, 556, 557. 
 
 treasurer refusing to pay legal warrants, 
 liability of sureties. 91, 556. 
 
 void in part, may be valid as to residue. 
 90, 199, 200. 
 
 witnesses and attestation, omission of, 
 does not invalidate bond. 90, 196. 
 
 OLEOMAEGARINE. 
 
 prohibiting manufacture and sale of. 1, 
 
 645-649. 
 right of state to regulate the manufacture 
 
 and sale of. 85, 400-403. 
 sale of, as a crime. 78, 251, 257, 258. 
 
 OPINIONS. 
 
 dying declarations, cannot generally show. 
 
 86, 649-652. 
 evidence, of nonexperts. 30, 38, 39. 
 of judge, instructions showing. 14, 36, 
 
 44-46. 
 of physician as to personal iniury. 10, 
 
 63, 64: 
 
 See Evidence. 
 
 OPIUM. 
 
 sale of, prohibiting. 1, 649. 
 selling, as a crime. 78, 258. 
 
 OPTIONS. 
 
 dealings in, as a crime. 78, 259. 
 
 ORDINANCES. 
 
 municipal, amendment of. 13, 552. 
 See Municipal Corporations. 
 
 ORIGINAL PACKAGES. 
 
 regulating commerce in. 27, 553, 554. 
 
Ouster 
 
 INDEX-DIGEST TO NOTES. 
 
 192 
 
 OUSTER. 
 
 by eotenant. 50, 842, 843; 52, 929, 
 
 OVEESEEBS. 
 
 whether are laborers. 58, 306. 
 
 OVERT ACT. 
 
 essential to attempt to commit crime. 20, 
 
 741. 
 in conspiracy. 3, 480, 481, 483. 
 
 OYSTER BEDS. 
 
 prescriptive right to. 76, 485. 
 
 PARALLELISM. 
 
 of end lines of mining claim. 58, 268. 
 
 PARDON. 
 
 contract of attorney to procure. 13, 298. 
 
 for crime not prevent disbarment of at- 
 torney. 45, 77. 
 
 granting, not deprive witness of privilege 
 to refuse to give criminating testimony. 
 75, 346. 
 
 of criminals turning state's evidence. 40, 
 770, 771. 
 
 of person guilty of contempt. 22, 425. 
 
 PARENT AND CHILD. 
 
 Parent and child. 
 
 action by, for death of child. 70, 679. 
 acts done by children in the course of 
 
 their parents' business, liability for. 
 
 74, 804, 805. 
 contracts for transfer of parental custody 
 
 and responsibility. 88, 866-875. 
 contract for transfer of parental custody, 
 
 enforcement of and rights under. 88, 
 
 871, 872. 
 contract for transfer of parental custody, 
 
 essentials of. 88, 869-871. 
 contract for transfer of parental custody, 
 
 valid in many states. 88, 869-871. 
 contract for transfer of parental custody, 
 
 void at common law. 88, 866-868. 
 contract of parent for benefit of child. 
 
 39, 533. 
 contract of father for benefit of child, 
 
 who may sue upon. 71, 176, 180, 190, 
 
 203-205. 
 custody of by parent, how vindicated. 2, 
 
 186, 187. 
 custody of child, father's agreement con- 
 cerning. 6, 688. 
 custody of child, father's right to. 2, 
 
 183, 184. 
 
 custody of child, mother's right to. 2, 
 
 184, 185; 6, 688. 
 
 custody of child, right of father to trans- 
 fer. 2, 184. 
 
 custody of child, right of parent to. 2, 
 183-187. 
 
 custody of illegitimate child, mother's 
 right to. 2, 185, 186. 
 
 dangerous weapons, liability of father 
 who permits his minor children to use. 
 74, 806, 807. 
 
 duty of parent with respect to children. 
 49, 406-408. 
 
 emancipation of child. 6, 664. 
 
 Parent and child — Continued. 
 
 expiration of agreement transferring 
 parental custody of child, effect of. 88, 
 875. 
 
 father entitled to child's services. 6, 664. 
 
 father is not liable for wrongful acts of 
 his child. 74, 801. 
 
 father liable for support of child. 6, 688. 
 
 father, liability of, for wrongful acts of 
 his children at the civil law. 74, 807. 
 
 illegitimacy, evidence of husband or wife 
 to prove. 69, 571-574. 
 
 illegitimate child, right to custody and 
 control of. 88, 874. 
 
 master and servant, relation of, when ex- 
 ists between. 74, 805. 
 
 mental anguish as element of damages in 
 action by parent. 7, 536. 
 
 negligence of children, parents are not an- 
 swerable for. 74, 801, 802. 
 
 negligence of parents as to children. 49, 
 415. 
 
 oral agreement transferring child to an- 
 other may be revoked at any time. 88, 
 869. 
 
 parent's negligence not imputed to child. 
 14, 590. 
 
 presumption of undue influence between 
 parent and child. 21, 102. 
 
 revocation of contract transferring pa- 
 rental custody, parent cannot make, 
 where contract is valid. 88, 872, 873. 
 
 revocation of written contract transfer- 
 ring parental custody and control. 88, 
 868, 869. 
 
 right of parent to inherit from child. 12, 
 104, 105. 
 
 seduction, parents' action for. 76, 659- 
 664. 
 
 statutory authority for transfer of pa- 
 rental custody of child. 88, 874. 
 
 torts of children, parents are not answer- 
 able for. 74, 801, 802. 
 
 trespass of children, parents are not an- 
 swerable for. 74, 802. 
 
 voluntary conveyance from parent to 
 child. 14, 746, 749. 
 
 welfare of child is paramount in constru- 
 ing contracts for transfer of parental 
 custody. 88, 873, 874. 
 
 PAROL. 
 
 evidence, as affecting various written in- 
 struments. 11, 393-395. 
 
 evidence. See Evidence. 
 
 evidence, to identify chattel mortgaged. 
 14, 239. ^ ^ 
 
 lease, for more than one year, effect of. 
 _ 17, 752-757. 
 
 licenses, nature and revocation of. 31, 
 712-719. 
 
 testimony in reference to written con- 
 tracts. 11, 893, 894. 
 
 PARTIES. 
 I. Plaintiffs. 
 II. Defendants. 
 III. New Parties. 
 
 I. Flatntlffa. 
 
 action by voluntary association. 7, 162. 
 169. 
 
193 
 
 INDEX-DIGEST TO NOTES. 
 
 Partition 
 
 Parties — Continued. 
 
 disability of one of several cotenants in 
 an action. 49, 712-715. 
 
 disability of one of several plaintiffs in 
 will contests. 49, 710, 711. 
 
 in actions for death of human being. 70, 
 672, 678. 
 
 in proceeding for forfeiture of corporate 
 franchise. 8, 199. 
 
 joinder, in suit for relief from judgments. 
 54, 255. 
 
 joinder of father and mother in action 
 for death of child. 70, 678. 
 
 joinder of husband in action by wife. 
 46, 452, 453. 
 
 joinder of parties in action for death of 
 human being. 70, 678. 
 
 plaintiffs in replevin. 80, 746-751. 
 
 plaintiffs in suit to enforce right to sub- 
 rogation. 44, 738, 739. 
 
 to action for contribution among cosure- 
 ties. 10, 646. 
 
 II. Defendants. 
 
 defendants in replevin. 80, 751, 752. 
 
 in bill to enforce covenants restricting use 
 of land. 21, 500. 
 
 injunction against nuisance, parties to. 
 30, 554, 555. 
 
 in proceedings against unknown owners. 
 87, 364. 
 
 to action to enforce stockholder's personal 
 liability. 3, 857, 858. 
 
 to bill in equity to enforce unpaid stock 
 subscription. 3, 815, 816. 
 
 to mortgage foreclosure. 1, 189. 
 
 to proceeding to partition estate of de- 
 cedent. 41, 142, 143. 
 
 who must be parties to foreclosure pro- 
 ceeding. 17, 370-373. 
 
 III. JTew Parties. 
 
 change of parties after appeal, effect on 
 appeal bond. 38, 709, 710. 
 
 new, bringing in by amendment of plead- 
 ings. 50, 738. 
 
 new, cross and supplemental bills to bring 
 in. 50, 738, 739. 
 
 new, executors and administrators, bring- 
 ing in of. 50, 741. 
 
 new, how jurisdiction over may be ac- 
 quired. 50, 737-742. 
 
 new, jurisdiction over, how to be obtained. 
 50, 737, 738. 
 
 new, lis pendens as against, when com- 
 mences. 50, 741. 
 
 new, may rely upon the statute of limi- 
 tation. 50, 741. 
 
 new, serving pleadings upon does not, 
 without service of process, confer juris- 
 diction over. 50, 739, 740. 
 
 new, summons against. 50, 746. 
 
 PARTITION. 
 I. By Act of Parties, 
 n. Action for Partition. 
 
 I. By Act of Parties. 
 
 Partition. 
 
 by guardian in behalf of ward. 89, 315. 
 Index-Digest — 1 3 
 
 Partition — Continued. 
 
 of partnership real estate, by parol. 48, 
 
 75. 
 partition agreement will give color of 
 
 title. 88, 726. 
 
 II. 
 
 Partition. 
 
 Action for Partition. 
 
 against unknown owners. 87, 366. 
 betterments, recovery for. 81, 185-187. 
 between cotenants of mines. 91, 884-888. 
 by sale when wife is not a party, effect 
 
 of upon her right to dower. 82, 865. 
 cotenants' claims adjusted in. 35, 421. 
 dower rights may be cut off by. 82, 863, 
 
 864. 
 estates of decedents, commissioners ap- 
 pointed to make partition of. 41, 146- 
 150. 
 estates of decedents, commissioners' duties 
 and powers over partition of. 41, 147- 
 149. 
 estates of decedents, commissioners must 
 report proceedings in partition of. 41, 
 149. 
 estates of decedents, commissioners, notice 
 by, to persons interested in partition. 
 41, 146, 147. 
 estates of decedents, commissioners who 
 make partition of, qualification of. 41, 
 146. 
 estates of decedents, confirming commis- 
 sioner's report of partition of. 41, 149, 
 150. 
 estates of decedents, effect of partition of. 
 
 41, 150, 151. 
 estates of decedents, jurisdiction over .per- 
 sons essential to partition of. 41, 145, 
 146. 
 estates of decedents, petition for parti- 
 tion, who may file. 41, 142. 
 estates of decedents, petition in writing 
 
 essential. 41, 142. 
 estates of decedents, partition in connec- 
 tion with distribution of. 41, 140-151. 
 estates of decedents, parties to proceeding 
 
 to partition. 41, 142, 143. 
 estates of decedents, sale of, to 'make par- 
 tition. 41, 149. 
 estates of decedents, statutory jurisdic- 
 tion over. 41, 140, 141. 
 estates of decedents, time when applica- 
 tion for petition must be made. 41, 
 141. 
 estates of decedents, vacating commis- 
 sioner's report of partition of. 41, 
 149, 150. 
 estates of decedents, what may be liti- 
 gated in proceedings for partition of. 
 41, 143-145. 
 of contingent or future conditional in- 
 terests in land. 32, 778-782. 
 of remainders and reversions. 32, 778- 
 
 782. 
 partition decree will give color of title. 
 
 88, 726. 
 partition sale, effect of, upon mortgage 
 lien on part of property. 88, 361, 362. 
 power of sale in wills to sell property 
 for purpose of partition. 80, 112. 
 
Partnership 
 
 INDEX-DIGEST TO NOTES. 
 
 194 
 
 Partition — Continued. 
 
 receivers, when appointed in. 72, 85, 86. 
 wives of cotenants need not be made par- 
 ties to proceeding for. 82, 866, 867. 
 
 PARTNERSHIP. 
 I. The Relation. 
 II. Mutual Rlgkts and liiabllitles. 
 
 III. Riglits and Iilabilities as to Third 
 
 Persons. 
 
 IV. Death of Partner and Snrvivorship. 
 V. Dissolntlon. 
 
 I. The Relation. 
 
 Partnership. 
 
 admissions and declarations as evidence 
 of partnership. 22, 762. 
 
 agreements of, made by infants. 18, 601- 
 605. 
 
 as between corporation and private per- 
 son. 22, 759. 
 
 between co-owners of vessels. 90, 361-365. 
 
 burden of proof in establishing partner- 
 ship. 22, 762. 
 
 estoppel to deny that one is partner. 22, 
 757, 758. 
 
 evidence to prove partnership. 22, 761, 
 762. 
 
 existence, when a question of law. 43, 
 229-232. 
 
 married women, power of, to become part- 
 ners. 31, 932-936; 34, 339, 340. 
 
 mortgage of firm assets to pay private 
 debt. 7, 378. 
 
 nontrading, definitions of. 48, 441. 
 
 partners as to third persons. 43, 229- 
 232. 
 
 partners cannot act as juror. 9, 757. 
 
 partnership after death! 79, 709-716. 
 
 reputation as evidence of. 22, 761, 762. 
 
 stockholders, whether liable as partners. 
 3, 849, 850. 
 
 II. Mntnal Rights and Iilabilities. 
 
 Mutual rights and liabilities. 
 
 authority of each partner to dispose of 
 
 firm property. 7, 377. 
 embezzlement by partner. 87, 44. 
 exception to general rule. 7, 378. 
 fraud in paying individual debt with 
 
 partnership property may be disproved. 
 
 7, 379, 380. 
 fraudulent payment of individual debt 
 
 with partnership property. 7, 378, 379. 
 limiting authority of one partner, form 
 
 of. 88, 323. 
 limiting authority of one partner, giving 
 
 notice of. 88, 323. 
 majority of partners, right of, to control 
 
 firm business. 88, 324. 
 mining partnerships are governed by 
 
 rules peculiar to themselves. 28, 488, 
 
 489. 
 partnership as head of family. 70, 114, 
 
 115. 
 payment of individual debt with partner- 
 ship property. 7, 377-380. 
 power of one partner to bind firm. 12, 
 
 304, 305. 
 
 Mutual rights and liabilities — Continued. 
 
 power of one partner to restrict the au- 
 thority of the other partner to act for 
 the firm. 88, 322-324. 
 
 power to bind firm after dissolution. 12, 
 304, 305. 
 
 power to bind firm during existence of 
 partnership. 12, 304. 
 
 property, when exempt from execution. 
 1, 593-595. 
 
 property, whether claimed as homestead. 
 70, 114, 115. 
 
 ratifying act of partner with restricted 
 power, by receiving benefit of transac- 
 tion. 88, 323, 324. 
 
 receivers in suits between. 72, 80-82. 
 
 recovery of partnership money used to 
 pay individual debt. 7, 380. 
 
 revoking authority to receive payment. 
 88, 324. 
 
 taking benefit from unauthorized act of 
 partner. 88, 323, 324. 
 
 Partnership real estate. 
 
 parol agreement to deal in real property. 
 48, 65. 
 
 real estate acquired by partners -before 
 commencement of their partnership. 
 48, 68. 
 
 real estate, agreement that it shall be- 
 long to the partnership is not essential. 
 48, 64, 65. 
 
 real estate cannot belong to, at law. 48, 
 63. 
 
 real estate, conveyance of by all the part- 
 ners is not essential. 48, 65. 
 
 real estate, conveyance of "by one partner. 
 48, 63. 
 
 real estate, conveyance of by one partner 
 with the consent of the others. 48, 74. 
 
 real estate, conveyance of must be joined 
 in by all of the partners. 48, 74. 
 
 real estate, conveyance of to a partner- 
 ship. 48, 65. 
 
 real estate, dower rights in. 48, 74. 
 . real estate, equitable title to is the only 
 title regarded in equity. 48, 64. 
 
 real estate, evidence sufficient to show 
 that it is held as firm assets. 48, 69, 
 70. 
 
 real estate, heirs of respective partners. 
 48, 70, 72, 73. 
 
 real estate, how treated in equity. 48, 
 64. 
 
 real estate, intention to make it partner- 
 ship assets, from what inferred. 48, 
 69. 
 
 real estate, lien of partners upon. 48, 73. 
 
 real estate, lien of partnership creditors 
 upon. 48, 73. 
 
 real estate, notice of partnership char- 
 acter of, from what inferred. 48, 75. 
 
 real estate of partnership. 48, 62-77. 
 
 real estate, parol evidence to prove that 
 it belongs to. 48, 65. 
 
 real estate, parol partition of. 48, 75. 
 
 real estate, possession of, right of surviv- 
 ing partner to. 48, 73. 
 
 real estate, power of each partner to sell. 
 48, 74. 
 
 real estate, presumption arising from pay- 
 ment for out of partnership moneys. 
 48, 67. 
 
195 
 
 INDEX-DIGEST TO NOTES. 
 
 Partnership 
 
 Partnership real estate — Continued. 
 
 real estate, presumption is against its 
 belonging to. 48, 66. 
 
 real estate, presumption that it is held 
 by, as tenants in common, liow over- 
 come. 48, 66. 
 
 real estate, purchase of with notice of 
 the partnership trust. 48, 75. 
 
 real estate, right of partner to have it 
 treated as personalty. 48, 72. 
 
 real estate, sale and conveyance of by 
 one partner. 48, 74. 
 
 real estate, surviving partner, powers of 
 over. 48, 75. 
 
 real estate, surviving partner, rights of 
 in. 48, 73, 74. 
 
 real estate, to what extent to be treated 
 as personalty. 48, 70, 71. 
 
 real estate, use of for partnership pur- 
 poses. 48, 69. 
 
 III. Riglits and I/labilltles as to Third 
 Persons. 
 
 Bights and UaMlities as to third persons. 
 
 accommodation paper, power to make or 
 indorse. 31, 754-757. 
 
 arrest, wrongful, liability of the partner- 
 ship for. 67, 40. 
 
 assault by one partner, liability of the 
 firm for. 67, 50. 
 
 assignment for benefit of creditors, part- 
 nership may make. 58, 90-92. 
 
 attachment by individual creditors, effect 
 of. 43, 371, 372. 
 
 attachment, mode of levying on part- 
 ner's interest in firm property. 57, 
 438. 
 
 attachment of property under writ against 
 one partner only. 57, 442. 
 
 authority of each partner to borrow 
 money. 48, 438. 
 
 authority of each partner to draw notes, 
 checks, and bills of exchange. 48, 438. 
 
 bankruptcy court, rights of partnership 
 creditors in. 43, 368, 369. 
 
 conversion of goods by one partner, liabil- 
 ity of the firm for. 67, 42, 43. 
 
 creditors, general rule as to rights of. 
 43, 364, 365. 
 
 creditors, right to sue on contract of 
 third person to pay debts. 71, 195. 
 
 criminal responsibility of one partner for 
 the acts of another. 67, 50. 
 
 death of one partner, effect on creditors. 
 43, 375-377. 
 
 disposal of property by partners, effect 
 on creditors. 43, 372, 373. 
 
 disposal of property for individual debts, 
 effect on creditors. 43, 373, 374. 
 
 dower, priority of firm creditors against 
 wife's claim for. 43, 379. 
 
 equity, resort to, when sustained. 43, 
 
 380. 
 execution against one partner only, effect 
 
 of sale under. 57, 440. 
 execution against one partner only, levy 
 of must be restricted to his interest. 
 57, 441. 
 execution against one partner only, spe- 
 cific chattels, whether may be levied on. 
 57, 440. 
 
 Rights and liabilities as to third persons — 
 Continued. 
 execution against one partner only, title 
 
 passing by sale under. 57, 441. 
 execution by individual creditors, effect 
 
 of. 43, 371, 372. 
 execution, exemptions in favor of part- 
 ners. 57, 437. 
 execution for individual debts, interest of 
 
 member is subject to. 57, 437. 
 execution, taking exclusive possession un- 
 der writ against one partner only, cases 
 denying right to. 57, 439. 
 execution sale, privity of writs against 
 firm and writs against individual mem- 
 bers thereof. 57, 443. 
 execution sale, purchaser under writ 
 against one partner only, possession, 
 whether may be delivered to. 57, 441. 
 execution sale, title of purchaser at. 57, 
 
 441. 
 false warranties, liability upon. 67, 48. 
 form of relief to creditors in equity. 43, 
 
 380. 
 fraud of one partner, liability of the firm 
 
 for. 67, 46-49. 
 fraudulent representations by one partner, 
 
 liability of the firm for. 67, 47-49. 
 implied authority of partner to incur 
 
 debt. 48, 438. 
 insolvency courts, rights of partnership 
 
 creditors in. 43, 368, 369. 
 judgment, relief from in equity because of 
 
 partner's negligence. 53, 449. 
 levy on partnership assets of a writ 
 
 against one partner. 57, 436-443. 
 liability for negligence. 16, 250. 
 liability of one held out as partner. 22, 
 
 757-764. 
 libel, liability of the partnership for. 67, 
 
 39. 
 liens of creditors. 43, 370, 371. 
 malicious prosecution, liability of the 
 
 partnership for. 67, 40, 41. 
 misapplications or misappropriation by 
 one partner, liability of the firm for. 
 67, 43. 
 misrepresentation by partner, liability of 
 
 other partners for. 85, 373. 
 negligence of one partner, liability of the 
 
 firm for. 67, 41, 42. 
 partnership creditors, rights and reme- 
 dies of. 43, 364-380. 
 possession which oficer may take under 
 writ against one partner only. 57, 439. 
 preferences by, in favor of firm creditors. 
 
 58, 91, 92. 
 preferences in favor of partnership cred- 
 itors. 43, 371. 
 probate courts, rights of partnership 
 
 creditors in. 43, 369, 370. 
 proceedings at law against separate prop- 
 erty of partner. 43, 365, 366. 
 real estate, creditors of firm and indi- 
 vidual creditors of partners, rights of. 
 48, 76. 
 real estate, levy upon for debt of partner. 
 
 48, 73. 
 real property of partnership, interest of 
 member in, how levied upon. 57, 436. 
 real property of partnership, may be ap- 
 propriated to firm debts. 57, 436. 
 
Partnership 
 
 INDEX-DIGEST TO NOTES. 
 
 190 
 
 Sights and liabilities as to third persona — 
 Gontirmed. i 
 real property of partnership, right of 
 
 creditors to pursue. 43, 377-380. 
 real property, proceedings to reach. 43, 
 
 377-379. 
 receivers, creditors, when entitled to. 72, 
 
 82, 83. 
 receivers of partnership, when denied. 
 
 72, 85. 
 separate property of partner in equitable 
 
 proceedings, rights to. 43, 366-368. 
 separate property of partners in proceed- 
 ings at law, right to. 43, 365, 366. 
 setoff in favor of and against insolvent 
 
 partnership. 47, 592. 
 slander, liability of partnership for. 67, 
 
 39. 
 suits against partners. 43, 370. 
 tort committed by a partner outside of 
 
 the scope of the partnership business. 
 
 67, 39, 40. 
 tort committed within the scope of the 
 
 partnership business, liability of the 
 
 partners for. 67, 38. 
 tortious act of partner, liability for. 67, 
 
 38-51. 
 transfer of interest of one partner to third 
 
 person, effect on creditors. 43, 375. 
 transfer of interest resulting from death 
 
 of one partner, effect on creditors. 43, 
 
 375-377. 
 trespass, liability of partnership for. 67, 
 
 38-41. 
 trover, liability of partnership for. 67, 
 
 38-42. 
 trust fund followed into partnership. 32, 
 
 129, 130. 
 trust funds, misuse of by one partner. 
 
 67, 44-46. 
 waiver of partner's lien destroys equity 
 
 of firm creditors. 43, 37f, 375. 
 
 IV. Dea-th of Partner and SurTiTorsliip. 
 
 continuance of partnership after death of 
 
 a member, agreement for, effect of. 79, 
 
 710-713. 
 continuance of partnership after death of 
 
 member, equity, when will recognize 
 
 and enforce. 79, 716. 
 continuance of partnership after death of 
 
 member, is impossible. 79, 710-713. 
 continuance of partnership after death of 
 
 member, liability of decedent's estate. 
 
 79, 715. 
 continuance of partnership after death of 
 
 member, under the directions of his 
 
 will. 79, 713, 714. 
 death of member, effect of, upon partner- 
 ship. 79, 709. 
 death of member, purposes for which 
 
 may continue after. 79, 710. 
 executor or administrator of deceased 
 
 member, continuance of partnership by. 
 
 79, 714. 
 mining partnership, continuation after 
 
 death. 79, 716. 
 real estate, rights of heirs of partners in. 
 
 48, 70, 72, 73. 
 real estate, surviving partner's rights in 
 
 and powers over. 48, 73-75. 
 survivorship, right of. 48, 62. 
 
 V. Dlssolntfon. 
 
 Dissolution generally. 
 
 accounting between partners aftei' dissolu- 
 tion. 40, 574-576. 
 
 agreement not to dissolve is ineffective 
 and its breach merely gives rise to an 
 action for damages. 77, 319. 
 
 indissoluble, cannot exist. 77, 319. 
 
 partnership for definite period, dissolu- 
 tion of. 77, 319-321. 
 
 receivers of partnership. 71, 376. 
 Causes of dissolution. 
 
 avoiding contract of for misrepresenta- 
 tions or fraud. 69, 420. 
 
 dissolution, attachment or execution, levy 
 of does not work. 69, 416. 
 
 dissolution, because the whole capital has 
 been lost. 69, 426. 
 
 dissolution by a partner's deserting or 
 abandoning the firm. 69, 421, 422. 
 
 dissolution by assignment by one part- 
 ner for the benefit of creditors. 69, 
 413. 
 
 dissolution by death of a partner. 69, 
 414, 415. 
 
 dissolution by introducing a new member. 
 69, 411. 
 
 dissolution by mutual consent of the part- 
 ners. 69, 410. 
 
 dissolution by the completion of the en- 
 terprise for which it was formed. 69, 
 411, 412. 
 
 dissolution by the insolvency or bank- 
 ruptcy of a member. 69, 412, 413. 
 
 dissolution by the marriage of a female 
 partner. 69, 416. 
 
 dissolution by the sale of all its property. 
 69, 416-418. 
 
 dissolution, causes for which equity may 
 decree. 69, 421. 
 
 dissolution, date at which it shall take 
 place may be fixed in the decree. 69, 
 435, 436. 
 
 dissolution, declaration of war between 
 nations of which partners are citizens. 
 69, 418, 419. 
 
 dissolution, dishonesty of a partner as 
 a ground for. 69, 430. 
 
 dissolution, drunlcenness of a partner as 
 a .ground for. 69, 430. 
 
 dissolution, equity may decree because 
 confidence between the partners has 
 been destroyed. 69, 423. 
 
 dissolution, equity may decree because 
 one partner has become insane or other- 
 wise incompetent to discharge his 
 duties. 69, 427-429. 
 
 dissolution, equity may ' decree for an 
 assertion by one partner of an exclusive 
 right to the possession of control of the 
 firm property. 69, 424. 
 
 dissolution, equity may decree for the ex- 
 clusion of a partner. 69, 423, 425. 
 
 dissolution, equity may decree for the 
 fraudulent conduct of a partner. 69, 
 431. 
 
 dissolution, equity may decree for misap- 
 propriation of funds by one parEner. 
 69, 431. 
 
 dissolution, equity will not decree for 
 losses occurring from error of judg- 
 ment. 69, 434. 
 
197 
 
 INDEX-DIGEST TO NOTES. 
 
 Pass 
 
 Causes of dissolution — Continued. 
 
 dissolution, execution sale of the interest 
 of a partner works. 69, 416. 
 
 dissolution, insolvency which will not 
 aid. 69, 412, 413. 
 
 dissolution, omissions of duty not suffi- 
 cient to warrant a decree for. 69, 434, 
 435. 
 
 dissolution, quarrels, ill-will, and fre- 
 quent disputes are a ground for. 69, 
 432-434. 
 
 dissolution, transfer of one partner's in- 
 terest as security for a debt does not 
 work. 69, 418. 
 
 impracticability or hopelessness of carry- 
 ing on the business with success is a 
 ground for the dissolution of. 69, 
 421, 425-427. 
 
 insanity of a partner does not ipso facto 
 dissolve. 69, 428, 429. 
 
 marriage of partners dissolves partner- 
 ship. 31, 936. 
 
 rescission of contracts of, when proper. 
 69, 420. 
 
 void ab initio, causes for declaring. 69, 
 419, 420. 
 
 Rights, powers, and liabilities after dissolu- 
 tion. 
 
 accounting between partners after disso- 
 lution, statute of limitations in. 40, 
 574-576. 
 
 admissions of partners after dissolution, 
 eflfect of. 40, 566, 567. 
 
 borrow money, power to, after dissolution. 
 40, 567, 568. 
 
 collections may be made by partner after 
 dissolution. 40, 569. 
 
 compensation of partner after dissolu- 
 tion. 40, 570, 571. 
 
 completion of business after dissolution. 
 40, 568. 
 
 compromises and adjustments after dis- 
 solution. 40, 564. 
 
 contracts, new, cannot be made after 
 dissolution. 40, 564, 565. 
 
 contracts, unfinished, power to complete 
 after dissolution. 40, 568. 
 
 cotenants, whether late partners are. 40, 
 563. 
 
 demand upon firm may be made after 
 dissolution. 40, 568. 
 
 dissolution of, borrowing money after, 
 by one partner. 48, 440, 441. 
 
 liabilities after dissolution, agreement re- 
 specting. 40, 572, 573. 
 
 liability of partners, where no notice of • 
 dissolution is given. 40, 573. 
 
 limited partnership for closing purposes 
 after dissolution. 40, 562, 563. 
 
 liquidating partner, powers of. 40, 571, 
 572. 
 
 negotiable paper, indorsement of, after 
 dissolution. 40, 564. 
 
 notice of dissolution not given, liability 
 where. 40, 573. 
 
 notice to firm may be given after disso- 
 lution. 40, 568. 
 partner whose interest is transferred to 
 another, rights of, after dissolution. 
 40, 571 
 
 Rights, powers, and liahilities after dissolu- 
 tion — Continued. 
 
 partnership in force for closing the con- 
 cern. 40, 562, 563. 
 
 power of one partner to bind firm after 
 dissolution. 12, 304, 305. 
 
 powers, rights, liabilities and remedies of 
 partners after dissolution. 40, 561- 
 576. 
 
 profits made after dissolution, each part- 
 ner interested in. 40, 571. 
 
 promissory notes, renewal of, after disso- 
 lution. 40, 565. 
 
 remedies of partners against each other 
 after dissolution. 40, 574-576. 
 
 remedies of partners against third per- 
 sons, after dissolution. 40, 573, 574. 
 
 rights of partners after dissolution. 40, 
 569, 570. 
 
 sales and other transfers by a member 
 of a dissolved partnership. 40, 563, 
 564. 
 
 statute of limitations in suits for ac- 
 counting between partners. 40, 574- 
 576. 
 
 statute of limitations, new promises in 
 connection with, after dissolution. 
 40, 565, 566. 
 
 tender to firm may be made after disso- 
 lution. 40, 568. 
 
 waiver by partners after dissolution. 40, 
 568, 569. 
 
 PART OWNERS. 
 
 of vessels, rights and liahilities. of. 90, 
 355-410. 
 
 PARTY-WALLS. 
 
 Party-ualls. 
 
 contribution for cost of, agreement for, 
 
 whether runs with the land. 89, 941- 
 
 944. 
 cost of, agreement as to, whether binds 
 
 grantee with notice. 89, 944. 
 covenants concerning, whether run with 
 
 the land. 82, 679, 680. 
 creation of. 89, 926-928. 
 definition of. 89, 925, 926. 
 destruction of. 89, 937. 
 foundation of, right to increase. 89, 930- 
 
 933. I 
 
 height of, right to increase. 89, 930-933. 
 lease of, rights under. 89, 945. 
 length of, right to increase. 89, 930-933. 
 one owner beginning, the other finishing, 
 
 rights of parties. 89, 944, 945. 
 openings in, right to. 89, 928, 929. 
 owners of, rights of. 89, 930-937. 
 ownership in. 89, 929, 930. 
 rebuilding. 89, 933-935. 
 removal of. 89, 933-935. 
 repair of. 89, 933-935. 
 support of, right to. 89, 935-937. 
 use of. 89, 938, 939. 
 use of, contribution for. 89, 939-945. 
 what constitute. 89, 925, 926. 
 windows in, right to. 89, 928, 929. 
 
 PASS. 
 
 drovers, person using is a passenger. 61, 
 89, 90. 
 
INDEX-DIOEST TO NOTES. 
 
 198 
 
 Pass — Oontintied. 
 
 failure to sign by passenger, effect of. 
 
 84, 404. 
 passengers on sleeping-cars holding com- 
 pany not liable to. 26, 340. 
 persons riding on, liability to. 61, 88. 
 See Carriers. 
 
 FASSENGEBS. 
 
 assaults upon, duty of carriers to protect 
 
 from. 32, 90-101. 
 contributory negligence of, in leaving 
 
 moving train. 17, 422-429. 
 duty of carrier to inform of danger. 7, 
 
 830-836. 
 exemplary damages, when recoverable 
 
 by. 28, 877. 
 express companies, right of, upon trains. 
 
 62, 513, 514. 
 liability of sleeping-car companies for 
 
 injuries to. 5, 36. 
 limiting liability of carriers of. 5, 723- 
 
 728. 
 on freight trains, rights of. 2, 39, 40. 
 on sleeping-ears, liability to. 26. 333- 
 
 340. 
 who are, and when they become such. 61, 
 
 75-104. 
 who are. See Carriers. 
 
 PASSENGER ELEVATORS. 
 
 liability of owner of. 56, 806-810. 
 
 PASTOR. 
 
 of church, remedies by. 68, 867, 868. 
 
 PATENTS. 
 
 Patents. 
 
 combinations between holders of patents 
 which are forbidden. 74, 261. 
 
 damages for infringement, attorney's fee 
 as element of. 8, 158. 
 
 for mineral lands, what included therein. 
 58, 263-280. 
 
 laches in enforcing. 2, 803. 
 
 liability of ofiScers of corporations for in- 
 fringing patents. 48, 922. 
 
 made by an employ^ while in charge of 
 his employer's business, right of the 
 latter to use. 52, 821, 822. 
 
 master and servant, respective claims to. 
 52, 820. 
 
 master, when entitled to patent for in- 
 vention made by his servant. 52, 821. 
 
 patents, whether may be used as trade- 
 marks. 85, 116, 117. 
 
 sale of patented articles, regulation of. 
 1, 650. 
 
 servant making is entitled to patent as 
 against his employer. 52, 820. 
 
 taxation of patented articles. 37, 750, 
 751. 
 
 taxation of patent rights. 37, 747-750. 
 
 PAYMENT. 
 
 Payment. 
 
 acceptance of check when tendered as 
 payment in full of a liquidated) de- 
 mand. 69, 348, 349. 
 
 Payment — Continued. 
 
 acceptance of check when tendered as 
 
 payment in full of an unliquidated 
 
 demand. 69, 346. 
 accord and satisfaction, receipt and col- 
 lection of check when amount to. 69, 
 
 348. 
 by false pretenses. 25, 383. 
 liquidated demand cannot be satisfied by 
 
 the acceptance of a check for a less 
 
 sum. 69, 349, 350. 
 necessity of, before right of subrogation 
 
 accrues. 44, 736-738. 
 not essential to a sale. 22, 866. 
 of money by attorneys, power of court 
 
 to compel. 2, 849, 854, 858. 
 of negotiable instruments. 1, 184. 
 of private debt with partnership assets. 
 
 7, 377-380. 
 part payment made by one joint debtor, 
 
 effect of. 65, 685. 
 presumption of, as against bonds. 18, 
 
 880. 
 presumption of, as against judgment. 
 
 18, 883. 
 presumption of, as against legacies. 18, 
 
 883. 
 presumption of, as against mortgages. 
 
 18, 881. r 
 
 presumption of, as against promissory 
 
 notes. 18, 882. 
 presumption of, as applied to taxes. 18, 
 
 884. 
 presumption of, burden of overthrowing. 
 
 18, 879, 882. 
 presumption of, evidence to rebut. 18, 
 
 879-884. 
 presumption of, from lapse of time. 18, 
 
 879-888. 
 presumption of, rebutting. 18, 887. 
 to undisclosed principal after notice of 
 
 agency. 55, 921. 
 voluntary, of money on void judgment. 
 
 4. 608. 
 
 PEDDIiERS. 
 
 peddling as a crime. 78, 250. 
 taxing. 27, 560. 
 
 PENALTIES. 
 
 Penalties generally. 
 
 act changing, as being ex post facto. 37, 
 
 587-589. 
 enforcing, imposed by statute of another 
 
 state. 14, 352, 353. 
 fixed in appeal bonds, recovery of. 38, 
 
 715, 716. 
 for cutting down, injuring, destroying or 
 
 carrying away timber. 1, 496, 497. 
 for failure to send or deliver telegram. 
 
 10, 790. ® 
 
 imposing, for wrongful corporate act, as 
 
 ground for forfeiture. 8, 184, 185. 
 privilege of witness as to criminating 
 
 testimony extends to cases of. 75, 
 
 322, 323. 
 
 Qui tarn actions. 
 
 are elvil and not criminal in their nature. 
 
 50, 557. 
 control over, who entitled to exercise. 
 
 50, 558, 559. 
 
199 
 
 INDEX-DiaEST TO NOTES. 
 
 Personal Injuries 
 
 Qui tarn actions — Continued. 
 
 dismissal of without consent of informer. 
 50, 560. 
 
 informer, rights of. 50, 559. 
 
 in whose name must be brought. 50, 558. 
 
 rules respecting. 50, 557. 
 
 strictness required in pleading and evi- 
 dence in. 50, 557. 
 
 PENAL STATUTES. 
 
 as to stockholders, not enforceable in 
 
 other states. 37, 169-171. 
 executors, violation of, action against 
 
 for. 52, 133. 
 repeal of, by implication. 88, 290-294. 
 
 PENSIONS. 
 
 exempt from execution. 66, 386. 
 garnishment of money due from. 2, 596- 
 
 598. 
 loss of, as damages in action for death 
 
 of human being. 12, 381. 
 
 PEECOLATING WATERS. 
 
 what are. 67, 663-672. 
 
 PEEFOEMANCE. 
 
 complete, when essential to recover on a 
 contract. 59, 277-295. 
 
 of acts in conspiracy. 3, 479, 480. 
 
 of contract, right to, after one party re- 
 fuses to perform. 33, 791-797. 
 
 PEEJTJEY. 
 
 as ground for relief from judgments. 
 
 54, 232, 233. 
 relief from judgments obtained by. 25, 
 
 165-171. 
 
 PEEMANENT EMPLOYMENT. 
 contracts for. 51, 301, 302. 
 
 PERPETUITIES. 
 
 Rule against perpetuities. 
 
 accumulations are within the rule. 49, 
 
 127. 
 charitable uses and trusts not within the 
 
 rule. 49, 127-129. 
 conditions subsequent, whether violate 
 
 the rule. 49, 134-136. 
 conflict of laws respecting. 49, 124, 125. 
 construction of instrument with reference 
 
 to. 49, 126. 
 construction of wills for the purpose of 
 
 evading the rule against. 73, 437. 
 definition of. 49, 118. 
 development of the rule. 49, 117. 
 devise of property to be divided at a 
 
 period beyond the limits of the rule 
 
 against. 73, 437. 
 diflference between the rule against and 
 
 rule against restraint of alienation. 
 
 73, 432. 
 effect of violating the rule. 49, 136-138. 
 equitable estate, when must vest to 
 
 satisfy the rule. 49, 129. 
 equitable interests are within the rule. 
 
 49, 129. ! 
 
 Rule against perpetuities — Continued. 
 
 estate must vest at all events within the 
 
 time allowed. 49, 119-121. 
 gifts to a class upon a 'contingency which 
 
 may happen beyond the rule. 73, .427. 
 gifts which offend the rule against. 73, 
 
 439, 440. 
 invalid restraints or right of alienation. 
 
 49, 126. 
 life in being, what is, within the rule. 
 
 49, 122, 123. 
 lives in being, number of, at common 
 
 law. 49, 122. 
 mortgages with power to sell in future, 
 
 whether violate rule. 49, 133. 
 personal property is subject to the rule. 
 
 49, 127. 
 power to sell and convey may prevent 
 
 operation of the rule. 49, 133. 
 real property is subject to the rule. 49, 
 
 127. 
 re-entry, right of, whether violates rule. 
 
 49, 134-136. 
 renewal of lease, right to, whether with- 
 in the rule. 49, 134. 
 restraint on alienation as part of rule. 
 
 49, 123, 124. 
 reverter, possibility of, whether violates 
 
 rule. 49, 134-136. 
 rule against is not a rule construction. 
 
 73, 426. 
 rule against perpetuities. 49, 117-138. 
 statutory modification of. 49, 118, 119. 
 time, computation of, in relation to. 49, 
 
 119. 
 trusts to secure the payment of loans, 
 
 not violate the rule. 49, 131-133. 
 trusts which cannot be executed within 
 
 the time allowed, effect. 49, 129-131. 
 vested interests are not subject to the 
 
 rule. 49, 121, 122. 
 vesting of an estate does not prevent the 
 
 operation of the rule against. 73, 435. 
 when gift is vested, but possession is post- 
 poned. 73, 430-432. 
 
 Severability of perpetuities. 
 
 instances of. 64, 643-646. 
 
 instances of, limitations which are not 
 severable. 64, 636-643. 
 
 tests to determine. 64, 640, 641, 643. 
 
 where the scheme of the testator is an en- 
 tirety. 64, 640-643. 
 
 where the scheme of the testator is to 
 create a perpetuity. 64, 641. 
 
 PERSONAL ABUSE. 
 
 by counsel in argument as ground for re- 
 versal. 9, 559-570. 
 
 PERSONAL INJURIES. 
 
 actions for, physical examination in. 68, 
 
 244-247. 
 amendments to pleadings in actions for. 
 
 51, 428, 429. 
 damages for, unskillful medical treatment 
 
 may enhance. 36, 845. 
 defense that person injured was suffering 
 
 from disease. 10, 64-66. 
 disease adding to effect of. 36, 829, 830. 
 mental anguish as element of damage in. 
 
 7, 536. 
 
Personal Property 
 
 INDEX-DIGEST TO NOTES. 
 
 200 
 
 Personal mjuries — Continued. 
 
 opinion of physician as to injury. 10, 63, 
 64. 
 
 PERSONAL PEOPEETY. 
 
 affected by collateral inheritance tax. 
 
 41, 583, 584. 
 cannot be held in estates-tail. 7, 429. 
 description of, in chattel mortgage. 14, 
 
 239-247. 
 executor's power to dispose of. 52, 118. 
 executor's rights over. 78, 178-182. 
 fixtures, when retain their character as. 
 
 84, 877-901. 
 is subject to the rule against perpetuities. 
 
 49, 127. 
 lis pendens, whether subject to. 56, 862. 
 partnership real estate treated as. 48, 
 
 72. 
 rights of husband and wife to succeed to, 
 
 of each other. 12, 82-92. 
 right of reversioner and remainderman to 
 
 prevent use of. 14, 628, 629. 
 trespasser changing form of, effect on 
 
 title. 44, 444-446. 
 where taxable. 62, 448, 460. 
 
 PEESONAL SEEVICES. 
 
 injunction against breach of contract for. 
 90, 646-651. 
 
 PEE STIEPBS. 
 
 succession, when prevails. 12, 96, 112, 
 113. 
 
 PBSTHOUSE. 
 
 authority to maintain. 47, 540, 543. 
 board of health maintaining. 80, 229. 
 See Health. 
 
 PETITION. 
 
 for an election, when essential. 90, 62, 
 
 63. 
 for issuance of municipal bonds. 51, 
 
 839-844. 
 in proceedings against unknown owners. 
 
 87, 362, 363. 
 
 PHOTOGEAPHS. 
 
 as evidence. 75, 468-479. 
 
 PHYSICIANS AND SUEGEONS. 
 
 fourteenth amendment not prohibit 
 regulation of. 25, 890. 
 
 injunction against, for practicing in vio- 
 lation of contract. 90, 639, 640. 
 
 practice of medicine, examination, of ap- 
 plicants for, by board of health. 80, 
 233. 
 
 practicing without a license as a crime. 
 78, 259. 
 
 presumption of undue influence over 
 patient. 2, 361. 
 
 suits by, on contract for benefit of his 
 patient. 71, 194. 
 
 surgical attendance on persons injured 
 by railroads. 1, 199, 200. 
 
 when may and when may not testify. 17, 
 565-571. 
 
 PHYSICAL EXAMINATION. 
 
 by order of the court. 68, 242-252. 
 compelling party to submit to personal. 
 3, 554-557. 
 
 See Evidence. 
 
 PILOTS. 
 
 state regulation of, and their charges. 
 27, 557. 
 
 when a servant of the owner of the ves- 
 sel. 22, 462. 
 
 PLACE. 
 
 of contract. 55, 44-55. 
 
 of payment of municipal bonds. 51, 851. 
 
 of performance of contract, parol change 
 
 in. 56, 664. 
 of serving process. 61, 489, 490. 
 where a crime is committed. 44, 79-84. 
 
 PLACEE MINES. 
 
 mining claims under acts of 1870 and 
 1872. 58, 279. 
 
 See Mines and Mining. 
 
 PLEADING. 
 I. Pleading Generally. 
 II. Complaint. 
 
 III. AnsTver and Gross-complaint. 
 
 IV. Demurrer. 
 
 V. Amended Pleadings. 
 
 I. Pleading Generally. 
 
 estoppel, mode and necessity of plead- 
 ing. 27, 344-349. 
 
 in actions for alienating husband's affec- 
 tions. 46, 474, 475. 
 
 in actions on unstamped writings. 84, 
 196, 197. 
 
 in qui tam actions. 50, 557. 
 
 in quo warranto. 52, 312. 
 
 in replevin. 80, 766, 767. 
 
 in suits to reform instruments. 65, 496, 
 497. 
 
 negligence in pleading, not relieved 
 against in equity. 53, 446. 
 See Injunctions; Interpleader. 
 
 11. Complaint. 
 
 ad damnum clause, whether determines 
 amount in controversy. 21, 018. 
 
 amount in controversy, whether pUega- 
 tion in complaint determines. 21, 618. 
 
 complaint in action for malicious prose- 
 cution. 26, 152, 153. 
 
 complaint in action on appeal bond. 38, 
 718, 719. 
 
 complaint in replevin. 80, 766. 
 
 in action for alienating wife's affections. 
 44, 846, 847, 
 
 in suit against municipality for torts. 
 34, 28, 29. 
 
 in suit in equity for relief from judg- 
 ment. 28, 111. 
 
 111. Answer and Cross-complaint. 
 
 Answer. 
 
 answer in action for malicious prosecu- 
 tion. 26, 153. 
 
201 
 
 INDEX-DIGEST T0~ NOTES. 
 
 Pleading 
 
 Answer — Continued. 
 
 answer in action on appeal bond. 38, 
 
 719. 
 pleading justification in slander and libel. 
 
 91, 292-306. 
 pleading res judicata. 15, 143. 
 statute of frauds pleaded by defendant. 
 
 78, 650-656. 
 statute of frauds, special plea of. 78 
 
 657, 658. 
 
 Cross-complaint. 
 
 cross-bill, effect of upon alienees of plain- 
 tiff, as regards lis pendens. 56, 868. 
 
 cross-bill, new parties brought in by. 50, 
 738, 739. 
 
 IV, Demurrer. 
 
 demurrer, judgment upon, whether res 
 
 judicata. 44, 566-568. 
 laches as a defense raised by demurrer. 
 
 2, 807; 23, 150. 
 statute of frauds, defense of, raised by 
 
 demurrer. 78, 653, 
 
 v. Amended Pleadings. 
 
 Amendments to pleadings. 
 
 amendment after statutes of limitation 
 have run against causes introduced by. 
 51, 431. 
 
 amendment, causes of action not exist- 
 ing, when suit was brought cannot be 
 asserted by. 51, 415. 
 
 amendment, change of parties, not allow- 
 able to assert as a new cause of ac- 
 tion. 51, 415. 
 
 amendment, different causes of action 
 cannot be introduced by. 51, 414, 415. 
 
 amendment, form of action cannot be 
 changed by. 51, 424. 
 
 amendment, in actions for negligence. 
 51, 426. 
 
 amendment in actions of trespass. 51, 
 432. 
 
 amendment in actions of trover. 51, 433. 
 
 amendment in actions upon negotiable 
 instruments. 51, 426. 
 
 amendments inadmissible because they 
 change cause of action. 51, 414-435. 
 
 amendment in real actions to include 
 land not included in the original com- 
 plaint. 51, 429. 
 
 amendment, new cause of action, cannot 
 be introduced by. 51, 414, 415. 
 
 amendment, new cause of action, intro- 
 ducing allowed upon payment of costs. 
 51, 418. 
 
 amendment, new cause of action, when 
 permitted in admiralty." 51, 415. 
 
 amendment, new parties brought in by. 
 50, 738. 
 
 amendment. New York statutory rules 
 respecting. 51, 417. 
 
 amendment, notice of must be given. 51, 
 434. 
 
 amendment of bills in equity, general rule 
 as to allowing. 51, 423. 
 
 amendment of bills of particulars. 51, 
 420, 421. 
 
 amendment of complaint entitles defend- 
 ant to amend hj» answer. 51, 434. 
 
 Amendments to pleadings — Coniimied. 
 
 amendment, statutes of limitations can- 
 not be avoided by. 51, 430. 
 
 amendment to change a scire facias to 
 an action for debt or assumpsit. 51, 
 430. 
 
 amendment to change a statutory to a 
 common-law action. 51, 431, 432. 
 
 amendment to change an action at law 
 to a suit in equity. 51, 424. 
 
 amendment to change an action for an 
 unlawful keeping of vicious animals 
 into an action for not returning the 
 execution. 51, 426. 
 
 amendment to change an action for 
 breach of contract to an action to 
 reform it. 51, 421. 
 
 amendment to change an action for 
 breach of warranty to an action for 
 deceit. 51, 420, 421. 
 
 amendment to change action for fraud 
 into an action upon contract. 51, 421. 
 
 amendment to change action for fraud 
 into an action for an accounting. 51, 
 425. 
 
 amendment to change an action for labor 
 performed to action upon an account 
 stated. 51, 419. 
 
 amendment to change action for making 
 an excavation to one for removing a 
 crossing. 51, 428. 
 
 amendment to change action for not re- 
 taining property attached to one for 
 not returning an execution. 51, 426. 
 
 amendment to change action for services 
 performed to one on account stated. 
 51, 430. 
 
 amendment to change action for slander 
 to one for malicious prosecution. 51, 
 430. 
 
 amendment to change action for statu- 
 tory penalty to one under the common 
 law. 51, 423. 
 
 amendment to change action for tort to 
 one upon contract. 51, 432. 
 
 amendment to change action from con- 
 tract to tort. 51, 418. 
 
 amendment to change action in assump- 
 sit to one for a debt or account ren- 
 dered. 51, 419. 
 
 amendment to change action in assump- 
 sit to one of covenant. 51, 420. 
 
 amendment to change action in assump- 
 sit to one of trover. 51, 420, 421. 
 
 amendment to change action of eject- 
 ment to one to enjoin an unlawful 
 interference with plaintiff's rights. 
 51, 429. 
 
 amendment to change action of eject- 
 ment to one to redeem land. 51, 429. 
 
 amendment to change action of replevin 
 to one for damages. 51, 430. 
 
 amendment to change action of replevin 
 to one for specific performance. 51, 
 430. 
 
 amendment to change action on a written 
 contract of insurance to an action on 
 a subsequent parol agreement to in- 
 sure. 51, 425. 
 
 amendment to change action of trover 
 for one piece of property to an action 
 of trover for another. 51, 433. 
 
Pledge 
 
 IXDEX-DIGEST TO NOTES. 
 
 202 
 
 Amendments to pleadings — Continued. 
 
 amendment to change action of trover 
 to one for fraud. 51, 434. 
 
 amendment to change action to recover 
 land to one to procure a decree for its 
 sale. 51, 429. 
 
 amendment to change action upon a con- 
 tract of Insurance to an action to 
 compel the delivery of a contract. 51, 
 425. 
 
 amendment to change action upon a con- 
 tract to one of tort. 51, 421. 
 
 amendment to change action upon an ac- 
 count to one upon a note. 51, 419. 
 
 amendment to change action upon a trust 
 to one for money loaned. 51, 434. 
 
 amendments, when do not bind prior pur- 
 chaser. 56, 867. 
 
 service of amended pleadings, failure in. 
 61, 493. 
 
 FIJIDGE. 
 Pledge generally. 
 
 action on the principal debt may be sus- 
 tained notwithstanding. 73, 567. 
 
 by broker of stock purchased on margin. 
 74, 473, 474. 
 
 brokers are pledgees when they purchase 
 on margin. 74, 471, 472. 
 
 concurrent remedies of the pledgee. 73, 
 566, 567. 
 
 of accommodation paper, liability of 
 maker or indorser upon. 31, 747, 748. 
 
 of corporate franchises. 35, 399. 
 
 of corporate stock, how made. 57, 389. 
 
 of goods by factors. 45, 204. 
 
 of goods by qualified owner. 3, 204. 
 
 of securities with bank, lien on. 4, 203. 
 
 of stock of corporation. 1, 783, 784. 
 
 pledgee is a trustee for the pledgor. 83, 
 392. 
 
 pledgee of corporate stock, liability of for 
 corporate debts. 68, 538-547. 
 
 pledgee of stock taking title in the name 
 of a trustee to avoid liability. 68, 
 544. , 
 
 sale by pledgee as owner. 3, 202. 
 
 theft of property, care which must exer- 
 cise to guard against. 83, 393. 
 
 theft of property does not necessarily es- 
 tablish any liability against pledgee. 
 83, 393. 
 
 trover by pledging another's property. 
 24, 800. 
 
 trover committed by pledgee. 24, 797. 
 
 Cold storage. 
 
 cold storage. 90, 295-302. 
 
 cold storage, burden of proving negli- 
 gence of persons engaged in. 90, 299. 
 
 cold storage, care required in business of. 
 90, 295, 296. 
 
 cold storage, common carriers engaged in 
 business of, in carrying freight. 90, 
 300-302. 
 
 cold storage, common carriers engaged in 
 business of, liability of. 90, 300-302. 
 
 cold storage, damages for injury to prop- 
 erty kept in. 90, 300. 
 
 cold storage, limitation of liability of per- 
 sons engaged in. 90, 298, 299. 
 
 cold storage, negligence in business of, 
 liability for. 90, 29G-298. 
 
 Collateral security. 
 
 actions by holder of. 32, 726-731. 
 
 assignor of, has no control over. 32, 714. 
 
 care which must be exercised by the 
 pledgee for the safekeeping of. 83, 394. 
 
 collateral securities. 32, 711-731. 
 
 collateral, burden of proof on person 
 seeking to avoid on the ground that he 
 held stock as. 68, 544. 
 
 collateral, national banks holding slock 
 as, liability of. 68, 545, 546. 
 
 collateral, stock held as, liability of 
 holder of for corporate obligations. 68, 
 542. 
 
 collateral, stock held as, statute exempt- 
 ing the holder from liability. 68, 546. 
 
 conversion by holder of. 32, 724, 725. 
 
 creditors of pledgor no right to object to 
 pledge. 32, 715, 716. 
 
 damages for conversion of. 32, 725, 726. 
 
 definition of. 32, 711. 
 
 duties in respect to. 83, 394. 
 
 foreclosure, remedy of holder of collat- 
 eral by. 32, 729, 730. 
 
 holder of, conversion by, measure of dam- 
 ages for. 32, 725, 726. 
 
 holder of, duties of. 32, 718-722. 
 
 holder of, is ranked as purchaser. 32, 
 712. 
 
 holder of, liabilities for an unlawful or 
 unauthorized use of. 32, 724, 725. 
 
 holder of, liabilities of. 32, 723, 724. 
 
 holder of, remedies against third persons. 
 32, 726-731. 
 
 holder of, rights are commensurate with 
 his title. 32, 714. 
 
 holder of, rights are restricted to his in- 
 terests. 32, 714. 
 
 purpose for which collateral may be held. 
 32, 716, 717. 
 
 remedies of holder of, against third par- 
 ties. 32, 726, 727. 
 
 remedies of holder of, by foreclosure. 
 32, 729, 730. 
 
 remedies of holder of, bv sale. 32. 730 
 731. ■ ~ 
 
 remedies of holder of, by suit on the 
 principal debt. 32, 727, 728. 
 
 remedies of holder of, on ehoses in ac- 
 tion. 32, 728, 729. 
 
 sale of property by holder. 32, 730 731 
 
 statute of limitations against principal 
 debt, effect on collateral. 32 716 
 
 ^^If of corporation, rights of holder of. 
 oji, 715. 
 
 subjects of transfer as. 32 711 
 sureties, rights of, where ' collateral is 
 
 taken. 32, 728. 
 title of holder of. 32, 711 712 
 to secure pre-existing debt.' 32,' 712-714 
 
 Tf sIN'lT'^*" ^'' "^^*' °^ ^°1'1«'" 
 
 PLUMBERS. 
 
 practicing without a license as a Srime. 
 78, 259. 
 
 POISON. 
 
 accidental taking of, in life insurance. 
 52. 362-364. 
 
203 
 
 INDEX-DIGEST TO NOTES. Possibility Coupled with an Interest 
 
 POLICE COURTS. 
 
 habeas corpus, irregularities of, not re- 
 \-iewable on. 87, 199. 
 
 POLICEMEN. 
 
 complaints to, as evidence in conspiracy. 
 3, 486. 
 
 railroad's liability for acts of. 54, 83. 
 
 right of, to arrest, and of citizen to re- 
 sist. 84, 679-703. 
 
 what is a. 84, 680, 681. 
 
 POLICE POWER. 
 
 constitutional rights cannot be abridged 
 
 by the professed exercise of. 78, 237. 
 constitutional rights not be impaired by 
 
 exercise of. 1, 645. 
 crimes, power to declare what acts are. 
 
 78, 236-239. 
 definition of. 78, 236. 
 interstate commerce, state power as af- 
 fecting. 27, 564-568. 
 legislature cannot devest itself of. 1, 645. 
 limitations upon the exercise of. 78, 237, 
 
 270. 
 necessity for the exercise of must be 
 
 determined by the legislature. 78, 238. 
 oleomargarine, right of state to regulate 
 
 the manufacture and sale of. 85, 400- 
 
 403. 
 power to regulate or prohibit the sale or 
 
 manufacture of articles. 1, 644-650. 
 protection of game is within. 42, 138. 
 regulation of dogs under. 67, 290. 
 
 See Constitutional Law. 
 statutes concerning estrays are police 
 
 regulations. 8, 271. 
 subjects of. 78, 236. 
 
 POLITICAL RIGHTS. 
 
 jurisdiction of equity to enforce. 42, 
 234-237. 
 
 POLLING PLACES. 
 
 at elections, irregularities regarding, 
 which avoid elections. 90, 75-80. 
 See Elections. 
 
 POOR. 
 
 charitable trusts for, of a church. 64, 
 
 758. 
 charitable trusts for relief of. 63, 262, 
 
 263. 
 of town, bequest for, void for uncertainty. 
 
 21, 753-758. 
 
 PORTERS. 
 
 of sleeping-car is a passenger. 61, 100. 
 railroad's liability for acts of. 54, 89, 90. 
 
 POSSE COMITATUS. 
 
 doctrines concerning. 44, 136-140. 
 indictment for refusal to join. 44, 137. 
 See Sheriffs. 
 
 POSSESSION. 
 
 change of, in conveyance from husband 
 to wife. 90, 544-547. 
 
 custody distinguished from, in embezzle- 
 ment. 87, 31-35. 
 
 Possession — Continued. 
 
 effect of chattel mortgagor retaining pos- 
 session and selling property. 15, ffl2- 
 917. 
 
 evidence of ownership of chattel, prima 
 facie. 3, 196, 197. 
 
 failure of landlord to give, effect on right 
 to abandon premises. 38, 481, 482. 
 
 in larceny, custody distinguished from. 
 88, 575-584. 
 
 of dead body, who entitled to. 75, 425, 
 426. 
 
 of deed, when not inconsistent with de- 
 livery. 53, 543, 544. 
 
 of instrument creating voluntary trust, 
 by grantor, effect of. 34, 212, 213. 
 
 of mines by one cotenant. 91, 867, 868. 
 
 of partnership property under writ 
 against one partner only. 57, 439. 
 
 of property by trustor of voluntary trust, 
 effect of. 34, 213, 214. 
 
 of real estate by surviving partner. 48, 
 73. 
 
 of tenant, as affecting his estoppel to 
 deny his landlord's title. 89, 92-101. 
 
 of vendee without payment, effect on title. 
 3, 200. 
 
 remainderman and reversioner no right 
 to. 14, 628. 
 
 restitution of, of persons dispossessed un- 
 der judgment afterward set aside. 17, 
 264-266. 
 
 surrendering by tenant, necessity of. 
 before relieved from estoppel. 89, 96 
 101. 
 
 taking, when essential to conversion. 24. 
 798, 799. 
 
 tenant must surrender, to reversioner or 
 remainderman. 14, 638. 
 
 under ancient deeds, necessity of. 9, 303, 
 304. 
 
 when essential to maintain suit to re- 
 move cloud on title. 45, 375. 
 
 writ of, service of. 15, 56-61. 
 
 POSSESSORY WARRANT. 
 
 restitution of person dispossessed under 
 
 a judgment afterward set aside. 17, 
 
 264-266. 
 restitution of possession after dismissal 
 
 of action. 17, 264. 
 restitution of possession after quashing 
 
 proceedings on certiorari. 17, 264. 
 restitution of possession, appellate court, 
 
 when may award. 17, 265. 
 restitution of possession, effect as to 
 
 third persons. 17, 265. 
 restitution of possession in forcible entry 
 
 and unlawful detainer. 17, 264, 265. 
 service of writ of possession or restitu- 
 tion. 15, 56-61. 
 who cannot be dispossessed under writ. 
 
 15, 66. 
 who may be removed under writ. 15, 59- 
 
 61. 
 writ of possession, practice respecting. 
 
 17, 265, 266. 
 
 POSSIBILITY COUPLED WITH AN IN- 
 TEREST. 
 
 assignment of. 56, 341, 360. 
 
Posthumous Child 
 
 INDEX-DIGEST TO NOTES. 
 
 204 
 
 POSTHUMOUS CHILD. 
 
 right of, to inherit. 12, 99, 100. 
 
 POSTOFFICE. 
 
 I, Officers. 
 
 II. Malls. 
 
 I. Officers. 
 
 postal clerk not a servant of railway- 
 company. 22, 462. 
 
 II. Malls. 
 
 Criminal use of mails. 
 
 criminal uses of mails. 58, 598-603. 
 
 dunning and other objeetionalj matter on 
 envelopes or postal cards. 58, 598, 599, 
 600. 
 
 letters mailed for the purpose of eflfeoting 
 seduction. 58, 597. 
 
 letters, obscene, prohibition against 
 mailing. 58, 597. 
 
 libel may be committed by the use of. 
 58, 603. 
 
 lotteries, use ot mails in aid of. 58, 600. 
 
 obsence books, statutes prohibiting trans- 
 portation by. 58, 595-598. 
 
 schemes to defraud which are pronibited 
 to use of the mails, illustrations of. 
 58, 601. 
 
 stealing or embezzling letters is criminal. 
 58, 602, 603. 
 
 threatening letters, mailing of, when un- 
 lawful. 58, 599, 600. 
 
 use of mails which is criminal. 78, 268. 
 
 POWERS. 
 
 construction of powers of attorney made 
 by married women. 84, 765-769. 
 
 of attorney, bv married women. 84, 761- 
 772. 
 
 See Husband and Wife. 
 
 of grand jurors. 12, 911-914. 
 
 POWER OF ATTORNEY. 
 
 given by husband and wife. 22, 727. 
 given by married women. 84, 761-772. 
 given by two persons, construction of. 
 22, 726, 727. 
 
 POWER OF SALE. 
 
 by trustees. 19, 270-278. 
 
 effect on operation of rule against per- 
 petuities. 49, 133. 
 
 in chattel mortgage. 16, 499-501. 
 
 in wills, who may execute them. 80, 96- 
 124. 
 See Executors and Administrators; Wills. 
 
 when affects an equitable conversion of 
 property. 5, 143-145. 
 
 PRE-EMPTION. 
 
 claims, mortgage of. 52, 249. 
 
 PREFERENCES. 
 
 by insolvent corporation. 42, 767-771; 
 45, 826-835; 57, 76, 77, 80. 
 
 claims which take, over railroad mort- 
 gages. 54, 400-433. 
 
 Preferences — Contitmed. 
 
 given by partners to creditors. 58, 91, 
 
 92. 
 in assignment for benefit of creditors. 
 
 11, 561-563; 34, 856, 857; 58, 87-90. 
 in favor of partnership creditors. 43, 
 
 371. 
 in following trust funds. 46, 608. 
 of claims to property in hands of receiver. 
 
 71, 362, 363. 
 right to grant, by railroad. 11, 648. 
 See Assignment for Benefit of Creditors; Cor- 
 porations. 
 
 PREFERRED STOCK. 
 
 defined. 73, 227. 
 
 See Corporations, 
 what is, and the rights of holders of. 
 73, 227-244. 
 
 PREJUDICE. 
 
 are not insane delusions. 63, 89, 90. 
 as being undue influence in making wills. 
 
 31, 680. 
 of jurors as affecting their competency. 
 
 9, 744-760. 
 
 PRESCRIPTION. 
 
 highways established by. 57, 746-748, 
 
 763. 
 
 See Highways, 
 lateral support for buildings acquired by. 
 
 33, 459-465. 
 nuisance, no right by, to maintain. 30, 
 
 557. 
 right of, to maintain nuisance. 20, 178. 
 
 See Adverse Possession, 
 title by, not acquired in streets. 1, 844. 
 title by, will support suit to remove 
 
 cloud. 45, 376. 
 water company acquiring rights by, 
 
 against riparian owners. 81, 494, 495. 
 
 PRESCRIPTIONS. 
 
 of druggists, care and skill required. o5, 
 256. 
 
 PRESUMPTION. 
 
 as to ownership of negotiable instruments. 
 
 11, 930. 
 of bias in a juror. 9, 745-747. 
 of bias from business relations. 9, 756, 
 
 757. 
 of bias of juror from relationship. 9, 
 
 753. 
 of genuineness of ancient deeds. 9, 302. 
 of incapacity of infant between seven and 
 
 fourteen years of age for contributory 
 
 neglect. 14, 591, 592. 
 of legitimacy of children. 12, 101. 
 of marriage. 2, 117. 
 in conspiracy. 3, 483. 
 
 See Evidence, 
 that courts have power to punish for 
 
 contempt. 50, 578. 
 
 PRESS. 
 
 liberty of, defined. 15, 343. 
 
 PRIEST. 
 
 undue influence of, presumption. 21, 95. 
 
206 
 
 ^NDEX-DIGEST TO NOTES. 
 
 Principal and Agent 
 
 PRIMA FACIE. 
 
 evidence, legislative power to make facts. 
 36, 682-689. 
 
 PRINCIPAL AND AGENT. 
 I. Tlie Relation. 
 
 II. Mutual Rlsbta, Duties, and Llablll- 
 ties. 
 III. Rights and liiabllltles as to Third 
 Persons. 
 
 I. The Relation. 
 
 Agency in general. 
 
 agency between cotenants not usually 
 arise. 91, 880. 
 
 broker and client are principal and agent. 
 74, 476. 
 
 employment of agents before incorpora- 
 tion. 13, 29. 
 
 estoppel of wife to deny husband's agency. 
 57, 176, 177. 
 
 guardians, power of, to employ. 89, 298. 
 
 husband may act as agent of wife. 77, 
 100, 101, 104. 
 
 power of attorney given by two persons, 
 construction of. 22, 726, 727. 
 
 Joint debtors as agents. 
 
 acquiescence of one in the act of another 
 may bind the other. 65, 692. 
 
 agency between, to what extent exists. 
 65, 683. 
 
 agency of one to bind tha other by a 
 new contract. 65, 864. 
 
 executors and administrators are. 65, 
 691, 692. 
 
 express authority of one to act as agent 
 for the other. 65, 684. 
 
 husband and wife, when are. 65, 691. 
 
 maker and indorser are not. 65, 690. 
 
 part payment by one, effect of on continu- 
 ing the liability of the other. 65- 685. 
 
 principal and surety are. 65, 690. 
 
 Subagents and delegation of authority. 
 
 arbitrators cannot delegate their powers. 
 
 50, 114. 
 attorneys at law, delegation of authority 
 
 by. 50, 115. 
 auctioneer, delegation of authority by. 
 
 50, 115. 
 banks, delegation of authority by. 50, 
 
 116. 
 boards of supervisors cannot delegate 
 
 their powers. 50, 118. 
 brokers, duties of which may be delegated 
 
 to clerks. 50, 112. 
 collection agencies, delegation of author- 
 ity by. 50, 116. 
 factors cannot delegate their authority. 
 
 50, 117. 
 insurance agents, delegation by, of their 
 
 authority. 50, 117. 
 subagents, authority of factor to employ. 
 
 50, 114. 
 subagents, authority of the principal 
 
 agent to employ. 50, 110, 111. 
 subagents, banks to whom paper is sent 
 
 for collection, of whom deemed agents. 
 
 50j 123. 
 
 Subagents and delegation of authority — Cont'd. 
 
 subagents, corporations, power of, to ap- 
 point. 50, 119. 
 
 subagents, implied authority of principal 
 agent to appoint. 50, 111. 
 
 subagents, implied authority to employ 
 to make collections. 50, 114. 
 
 subagents, privity between and principal 
 agent. 50, 122. 
 
 subagents of public agents. 50, 122. 
 
 subagents of trustees. 50, 119. 
 
 subagents, their relation to the principal 
 and agent. 50, 110-124. 
 
 II. Mutual Rlichts, Duties, and Liabilities. 
 
 Principal's rights. 
 
 principal may repudiate contract where 
 agent acts for both parties. 7, 280-283. 
 Agent's rights, duties, and liatiUties. 
 
 agent to purchase property, cannot sell 
 
 it. 80, 560. 
 agent to sell property at auction, cannot 
 
 buy for themselves. 80, 563. 
 agent to sell property, burden of sustain- 
 ing a sale to themselves. 80, 565. 
 agent to sell property, cannot act in a 
 
 double capacity. 80, 560. 
 agent to sell property, cannot purchase 
 without the consent of their principal. 
 80, 557-559. 
 agent to sell property, cannot sell to 
 themselves either directly or througli 
 third persons. 80, 559. 
 agent to sell property, cannot sell to wife. 
 
 80, 559. 
 agent to sell property, purchase by, rati- 
 fication of by their principals, effect of, 
 and when inferable. 80, 563, 564. 
 agent to sell property, purchase by, 
 
 whether void. 80, 563. 
 agent to sell property, purchaser from, 
 where they have purchased for them- 
 selves. 80, 565-567. 
 agent to sell property, when may pur- 
 chase for themselves. 80, 565-567. 
 agent to sell property, when may pur- 
 chase of a purchaser. 80, 566, 567. 
 agent acting for both parties. 7, 279- 
 
 283. 
 agent as attorney in fact, purchase by. 
 
 80, 562, 563. 
 agent commits a fraud by acting for 
 
 both parties. 7, 280. 
 agent not act for both parties without 
 
 their consent. 7, 280. 
 agent's right of setoff against insolvent 
 
 principal. 47, 583, 584. 
 attorney at law, purchase by. 80, 562. 
 bankers as agents, care required of. 38, 
 
 773-788. 
 conflict of interest where agent acts for 
 
 both parties. 7, 279. 
 embezzlement by agent. 87, 42-44. 
 factor, purchase by. 80, 563. 
 laches, defense of, when not available to 
 
 agent. 2, 797. 
 revocation of wills by agents. 28, 346. 
 subagents are accountable only to their 
 
 principals. 50, 124. 
 subagents, compensation of, principal is 
 liable for. 50, 120. 
 
Principal and Agent 
 
 INDEX-DIGEST TO NOTES. 
 
 206 
 
 111. Rights and Liabilities as to Third 
 Persons. 
 
 Powers of agent. 
 
 accommodation paper, power to make or 
 indorse. 31, 754. 
 
 agent, implied, power to borrow money 
 on principal's account. 29, 94-96. 
 
 agent, power to borrow money, 29, 93-97. 
 
 cashier of bank, power of, to borrow 
 money. 29, 96. 
 
 general agent does not have unqualified 
 authority. 88, 782. 
 
 general rule that principal is bound by 
 act of agent. 6, 37. 
 
 insurance company bound by agent's acts. 
 9, 162, 163. 
 
 mining superintendent no power to bor- 
 row money. 29, 96. 
 
 sale by agent as owner. 3, 201, 202. 
 
 secret instructions bind third person who 
 has knowledge of them. 88, 786. 
 
 secret instructions do not bind third par- 
 ties either in special or general agen- 
 cies. 88, 783-785. 
 
 secret instructions do not bind third per- 
 sons generally. 88, 785, 786. 
 
 special authority of agent must be strictly 
 pursued. 88, 781. 
 
 subagents, authority of, cannot exceed 
 that of the principal agent. 50, 119. 
 
 subagents, liability of principal for acts 
 of. 50, 122, 123. 
 
 third person must ascertain extent of 
 agent's authority. 88, 780, 781. 
 
 written authority of agent, third person 
 should call for. 88, 781, 782. 
 
 Liability of agent. 
 
 agent for foreign principal. 22, 511, 512. 
 
 agent paying money to principal, whether 
 personally liable. 22, 512. 
 
 for nonfeasance and misfeasance. 22, 
 512-514. . 
 
 for trover. 24, 812-814. 
 
 in contract. 22, 508-512. 
 
 in tort. 22, 512-514. 
 
 personal liability of agents to third par- 
 ties. 22, 508-514. 
 
 public agent disclosing authority, not per- 
 sonally liable. 22, 510. 
 
 where agent acts under innocent mistake. 
 22, 509. 
 
 where agent conceals his agency. 22, 508, 
 509. 
 
 where agent contracts personally. 22, 
 508, 509. 
 
 where agent discloses all facts, is not 
 liable. 22, 510. 
 
 where agent makes false representation of 
 authority. 22, 509. 
 
 whether agent failing to bind principal 
 binds himself. 22, 510, 511. 
 
 Notice to agent. 
 
 knowledge of agent, when imputed to 
 principal. 24, 230-232. 
 
 notice of fact outside scope of employ- 
 ment. 24, 233. 
 
 notice to agent after termination of 
 agency. 24, 233. 
 
 notice to agent as notice to principal. 
 24, 228-233. 
 
 Notice to agent — Continued. 
 
 notice to agent before he becomes such, 
 
 effect. 24, 229. 
 notice to agent of corporation. 24, 228. 
 notice to attorney, when not affect client. 
 
 24, 232. 
 notice to subagent, when affects principal. 
 
 24, 233. 
 presumption that agent imparts his 
 
 knowledge to principal. 24, 230. 
 
 Ratification of agent's acts. 
 
 adoption by principal, acts of agent. 55, 
 223. 
 
 contract with unauthorized agent is a 
 mere . proposal. 5, 110. 
 
 principal's right to ratify unauthorized 
 contract. 5, 113. 
 
 ratification of agent's act in borrowing 
 money. 29, 96, 97. 
 
 ratification of criminal act, power of 
 principal. 5, 618-621. 
 
 ratification of forgery. 5, 618. 
 
 ratification of tort. 5, 110. 
 
 ratification of unauthorized contract 
 made by agent. 5, 109-114. 
 
 retroactive effect of ratification. 5, 109, 
 114. 
 
 subagents, ratification by principal of 
 acts of. 50, 120. 
 
 unauthorized contract, effect of ratifica- 
 tion as against agent. 5, 110. 
 
 unauthorized contract, effect of ratifica- 
 tion as against principal. 5, 110. 
 
 unauthorized contract, effect of ratifica- 
 tion as against third person. 5. Ill, 
 114. 
 
 unauthorized contract, whether bonds ad- 
 vise party. 5, 110. 
 
 Undisclosed agency. 
 
 actions by undisclosed principals on con- 
 tracts made with their agents. 55, 916- 
 923. 
 
 election by undisclosed principal to en- 
 force in his own name contracts made 
 with his agent. 55, 920, 921. 
 
 exceptions to the rule that an undisclosed 
 principal may sue upon contract made 
 with his agent. 55, 919, 920. 
 
 negotiable instruments, undisclosed prin- 
 cipal, whether may sue upon. 55, 919. 
 
 payment to principal after notice of the 
 agency. 55, 921. 
 
 seal, contracts under cannot be sued upon 
 by an undisclosed principal. 55, 918. 
 
 setoff existing against agent, when may 
 be enforced against an undisclosed prin- 
 cipal. 55, 921-923. 
 
 solvency or skill, contracts requiring, un- 
 disclosed principal cannot sue upon. 
 55, 920. 
 
 undisclosed principal cannot sue on the 
 pontract of his agent when the latter 
 is by the contract affirmed to be a prin- 
 cipal. 55, 919, 920. 
 
 undisclosed principal is entitled to bene- 
 fit of contracts. 55, 916, 917. 
 
 undisclosed principal, suits by, on con- 
 tract made with agent. 55, 916-923. 
 
207 
 
 IKDEX-DIGEST TO NOTES. 
 
 Principal and Surety 
 
 Vnauthorimed and wrongful acts of agent. 
 
 apparent authority of agent, principal 
 bound by acts within. 88, 782, 783. 
 
 arrest by agent, when principal liable for. 
 88, 793, 794. 
 
 assault and battery committed by agent 
 within scope of his employment, prin- 
 cipal is liable for. 88, 795, 796. 
 
 assault and battery committed by car- 
 rier's servants within scope of employ- 
 ment, carrier is liable for. 88, 797. 
 
 contracts, unauthorized, liability of prin- 
 cipal for. 88, 780-786. 
 
 crimes of agent in violation of instruc- 
 tions, principal not liable for. 88, 798. 
 
 crimes of agent, in what cases principal 
 may be liable for. 88, 798, 799. 
 
 crimes of agent, principal not generally 
 liable for. 88, 797, 798. 
 
 emergency which will justify disobedience 
 of instructions, and still bind principal. 
 6, 37, 38. 
 
 fraud of agent within scope of employ- 
 ment, principal liable for. 88, 794, 795. 
 
 illegal sale of intoxicating liquors by 
 agent. 12, 354. 
 
 liability of principal for unauthorized 
 acts of agent. 88, 779-799. 
 
 libel by agent within scope of his employ- 
 ment, principal liable for. 88, 794. 
 
 malicious prosecution by agent, when 
 principal liable for. 88, 793, 794. 
 
 misrepresentation within scope of agency, 
 principal liable for. 85, 372, 373. 
 
 negligence of agents of express companies, 
 liability for. 61, 381. 
 
 principal's liability for agent's unau- 
 thorized acts. 22, 189, 190. 
 
 secret instructions, principal bound not- 
 withstanding. 88, 783-786. 
 
 tort of agent within the scope of Tiis em- ■ 
 ployment, principal liable for. 88, 787, 
 788. 
 
 torts of agent in disobedience of instruc- 
 tions, principal liable for. 88, 790. 
 
 torts of agent, liability of principal for. 
 88, 786-797. 
 
 torts of agent must be in execution of his 
 employment or principal not liable for. 
 88, 792. 
 
 torts of agents of express companies, lia- 
 bility for. 61, 381. 
 
 torts of agent outside scope of employ- 
 ment, principal not liable for. 88, 789, 
 790. 
 
 torts of corporate agents, corporation un- 
 der same liability as other masters. 
 88, 788. 
 
 torts of corporate agents, ultra vires, cor- 
 poration liable for. 88, 789. 
 
 willful and malicious acts within scope 
 of employment, principal liable for. 88, 
 790-792. 
 
 A ctions. 
 
 communications between husband and 
 wife as principal and agent not privi- 
 leged. 29, 420-422. 
 
 exemplary damages, principals, when 
 liable for. 28, 876. 
 
 Actions — Continued. 
 
 interpleader, agent cannot maintain. 91, 
 606. 
 
 suits on contracts for benefit of third per- 
 sons, agency as basis for. 71, 188. 
 
 PRINCIPAL AND SURETY. 
 I. Tbe Relation. 
 11. liialilllty of Surety. 
 
 III. Dlselmrge of Surety. 
 
 IV. Rlglits and Remedies of Snrety. 
 
 I. Tbe Relation. 
 
 Principal and surety. 
 
 promise to indemnify surety, whether 
 
 within statue of frauds. 42, 192, 193. 
 joint debtors, when principal and surety 
 
 are. 65, 690. 
 reformation of suretyship contracts. 65, 
 
 521. 
 stockholder's personal liability is not that 
 
 of a surety. 3, 848, 849. 
 
 II. Liability of Surety. 
 
 Liability of surety. 
 
 death not terminate contract of surety. 
 22, 814. 
 
 liability as between different sets of sure- 
 ties. 70, 443-454. 
 
 liability of infant on contract of surety- 
 ship. 18, 614-615. 
 
 liability of surety for personal injury in- 
 flicted by officer. 71, 519-522. 
 
 liability of sureties on appeal bonds. 38, 
 702-719. 
 
 official bonds, sureties on, acts for which 
 liable. 91, 497-579. 
 
 official bonds, sureties on, liability of. 
 See Officers. 
 
 primary, liability as between different 
 sets of sureties. 70, 443. 
 
 sureties for ditterent debts, though for 
 the same principal, are not cosureties. 
 70, 447. 
 
 surety is bound only as provided in the 
 contract. 7, 372. 
 
 sureties not bound unless all parties exe- 
 cute bond. 40, 51, 52. 
 
 sureties of administrators upon different 
 bonds executed at differnt times. 70, 
 444, 445. 
 
 sureties of guardians by different bonds. 
 70, 445. 
 
 sureties of notaries, to whom liable. 82, 
 385-387. 
 
 sureties of public officers, liability of. 71, 
 519-522. 
 
 sureties on additional bonds, liability of. 
 70, 452. 
 
 sureties on a second or renewal bonds. 
 70, 446, 447. 
 
 suretyship contracts of corporations, 
 whether ultra vires. 70, 163, 164. 
 
 III. DlBCbarge of Snrety. 
 
 Discharge of surety. 
 
 alteration in instrument, when discharges 
 
 surety. 28, 691. 
 death does not terminate liability of. 63, 
 
 63. 
 
Printer 
 
 INDEX-DIGEST TO NOTES. 
 
 208 
 
 Discharge of surety — Continued. 
 
 discharge by forgery of name of prior 
 surety. 8, 247. 
 
 extending time of payment, when dis- 
 charges surety. 28, 691. 
 
 facts, material, which must be disclosed 
 to, what are. 63, 334, 335. 
 
 facts which the creditor muat disclose to. 
 63, 329, 330. 
 
 for conduct of agents whom the creditor 
 knows have misconducted themselves. 
 63, 331. 
 
 fraud of priiieipal, effect of. 28, 692. 
 
 fraudulent concealment or misrepresenta- 
 tion of which the creditor was ignorant. 
 63, 328. 
 
 liability when name of principal or an- 
 other surety is forged. 8, 246, 247. 
 
 misrepresentation respecting persons wlio 
 will become cosureties. 63, 328. 
 
 negligence of creditor, effect of. 28, 692. 
 
 on the bond of a cashier whom the cred- 
 itor Icnew had lost money by gambling. 
 63, 332. 
 
 previous defalcation of principal, when 
 releases sureties. 63, 335, 336. 
 
 release by change in contract of prin- 
 cipal. 7, 372. 
 
 release by misrepresentation or fraudu- 
 lent concealment. 63, 327. 
 
 release by new duties imposed on prin- 
 cipal. 6, 458, 459. 
 
 release, effect of alteration of principal's 
 contract by legislation. 6, 460. 
 
 release, effect of immaterial alterations 
 in principal contract. 6, 459, 460. 
 
 release of sureties by a change in t)ie 
 duties or obligation of principal. 6, 
 458-460. 
 
 release of sureties on ofiBcial bonds. 20, 
 616-618. 
 
 secret agreement between principal and 
 payees, when releases. 63, 338. 
 
 undertaking of surety strictly construed. 
 6, 458. 
 
 what will release or discharge a surety. 
 28, 691, 692. 
 
 rv. Rig;lits and Remedies of Surety. 
 
 Rights and remedies generally. 
 
 creditor's bills, whether sureties may sus- 
 tain. 66, 289. 
 
 receipts of officers as evidence against 
 their sureties. 3, 749, 750. 
 
 relief from judgment, when sureties en- 
 titled to. 54, 257, 258. 
 
 right of subrogation. 12, 506, 507. 
 
 rights of sureties where collateral is 
 taken. 32, 728. 
 
 setoff between principal and surety. 47, 
 592, 593. 
 
 Contribution among sureties. 
 
 agreement limiting right to. 10, 639. 
 
 contribution, action for, when accrues. 
 60, 208. 
 
 contribution, agreements between differ- 
 ent sureties may destroy the right of. 
 70, 450. 
 
 contribution among, demand and notice, 
 whether essential to suit to enforce. 
 70, 451. 
 
 Contrihution among sureties-^Continued. 
 
 contribution among, duty of, from what 
 results. 70, 444-450. 
 
 contribution among, liability cannot as 
 against either exceed the penalty of the 
 bond. 70, 451, 452. 
 
 contribution among, when enforceable. 
 70, 446, 447. 
 
 contribution among, where they are liable 
 upon different instruments. 70, 446. 
 
 contribution apportionment of, among co- 
 sureties. 10, 644, 645. 
 
 contribution, costs and expenses as mat- 
 ter for. 10, 644. 
 
 contribution, effect of discharge of surety 
 in bankruptcy. 10, 643, 644. 
 
 contribution, effect of insolvency of prin- 
 cipal on. 10, 641. 
 
 contribution, effect on of payment of debt 
 barred by the statute of limitation. 
 10, 641, 642. 
 
 contribution from estate of deceased co- 
 surety. 10, 649. 
 
 contribution, matters of defense in ac- 
 tion for. 10, 646, 647. 
 
 contribution of, measure of liability as 
 among one another. 70, 451. 
 
 contribution, parties to action for. 10, 
 646. 
 
 contribution, remedies for the recovery. 
 10, 645-647. 
 
 contribution, remedy of surety in equity 
 where some of sureties are insolvent. 
 70, 453-455. 
 
 contribution, right of surety to. 10, 639- 
 644. 
 
 contribution, right to as affected by in- 
 demnity to surety. 10, 642. 
 
 contribution, when right to from cosiirety 
 accrues. 10, 640, 641. 
 
 contribution, when statute of limitation 
 bars claim for. 10, 647. 
 
 contribution, where surety becomes such 
 at request of cosurety. 10, 642, 643. 
 
 for payment in ignorance of a defense. 
 10, 640. 
 
 not governed by by lex loci contractus. 
 10, 640. 
 
 right does not depend on contract. 10, 
 639. 
 
 right exists only when they are cosureties. 
 10, 639. 
 
 right of one surety to enforce contribu- 
 tion from another, and the remedies for 
 its enforcement. 10, 639-646. 
 
 PRINTER. 
 
 liability of, for libel. 15, 326. 
 PRIVACY. 
 
 right of, actions to recovery for violation 
 
 of. 89, 851-853. 
 
 right of, damages for violation of. 89, 
 
 852, 853. 
 
 right of, injunction against violation of. 
 
 89, 851, 852. 
 
 right of, when exists. 89, 844-849. 
 
 right of, who may sue for infringement 
 
 of. 89, 849-851. 
 
 PRIVATE CARRIERS. 
 
 common carriers becoming. 62, 522. 
 
209 
 
 INDEX-DIGEST TO NOTES. 
 
 Process 
 
 PRIVATE PERSON. 
 
 right to occupy or obstruct street. 1, 
 
 840-844. 
 liability for making an arrest. 67, 420- 
 
 422. 
 
 PRIVILEGE. 
 
 of witnesses as to criminating testimony. 
 
 75, 318-347. 
 of witnesses, defendant in criminal case. 
 
 38, 897, 898. 
 
 PRIVILEGED COMMXJNICATIONS. 
 
 between attorney and client. 66, 213-243. 
 between husband and wife. 29, 411-423. 
 between physician and patient. 17, 565- 
 
 571. 
 in the law of newspaper libel. 15, 343- 
 
 361. 
 
 See Witnesses. 
 
 PRIVITY. 
 
 between subagent and principal. 50, 122. 
 
 in contracts for benefit of third person. 
 71, 188. 
 
 of donee of voluntary trust in bank de- 
 posit. 34, 223, 224. 
 
 PRIZES. 
 
 giving, as lottery. 16, 43, 44. 
 
 PROBABLE CAUSE. 
 
 as defense to action for false imprison- 
 ment. 67, 415, 416. 
 
 evidence of want of. 26, 155, 156. 
 
 in malicious prosecution. 10, 327. 
 
 in malicious prosecution, evidence of. 26, 
 158-161. 
 
 See Malicious Prosecution. 
 
 want of, in action for malicious prosecu- 
 tion. 26, 149. 
 
 what is, in action for malicious prosecu- 
 tion. 26, 143-149. 
 
 PROBATE COURTS. 
 
 See Courts; Executors and Administrators. 
 
 PROCEDURE. 
 
 act changing, as ex post facto. 37, 594- 
 596. 
 
 in action to declare forfeiture of corpo- 
 rate franchise. 8, 193-200. 
 
 on application for order to produce books 
 and papers. 41, 394-396. 
 
 PROCESS. 
 I. Process Generally. 
 II. Service of Process. 
 
 III. Defects. 
 
 IV. Abuse of Process. 
 
 I. Process Generally. 
 
 stamps on, of state courts, Congress can- 
 not require. 84, 192, 193. 
 
 II. Service of Process. 
 
 Service of process. 
 
 amended pleadings, failure to serve. 61, 
 
 493. 
 
 Index-Digest — 14 
 
 Service of process — Continued. 
 
 appearance for the purpose of objecting 
 
 to. 53, 190. 
 collateral attack upon judgment for de- 
 fects in service of process. 61, 485- 
 
 495. 
 constructive service of, attachment of 
 
 property, when necessary to sustain. 
 
 61, 494. 
 constructive service of, defects in. 61, 
 
 494. 
 defects in service as ground for vacating 
 
 judgment. 60, 645. 
 defects in service of. 61, 486. 
 defects in serving do not deprive the 
 
 court of jurisdiction. 61, 493. 
 divorce, property rights of nonresident, 
 
 whether may be affected by. 53, 184, 
 
 185. 
 domicile for all purposes continues in 
 
 one state until another is acquired. 53, 
 
 188, 189. 
 extrinsic evidence to establish jurisdic- 
 tion. 61, 495. 
 on foreign corporations. 85, 926-938. 
 
 See Corporations, 
 persons by whom service of may be made. 
 
 61, 487. 
 place of service of. 61, 489, 490. 
 premature entry of judgment. 61, 488. 
 process, mode of serving is subject to 
 
 state regulation. 53, 179, 180. 
 process, publication of service by may be 
 
 authorized. 53, 180. 
 process, service of in proceedings in rem. 
 
 53, 180. 
 publication of process, facts to authorize 
 
 must aflSrmatively appear by the record. 
 
 61, 495. 
 publication* of process, is not authorized 
 
 except in special circumstances. 61, 
 
 494. 
 service of before the commencement of 
 
 the action is void. 61, 487. 
 service of beyond the state. 61, 489. 
 service of by a party to the action. 61, 
 
 487. 
 service of summons on new parties. 50, 
 
 746. 
 service of upon corporations in a method 
 
 not authorized by the statutes. 61, 
 
 490, 491. 
 service of upon infants and lunatics. 61, 
 
 492. 
 service of upon infants, but not upon 
 
 their guardian. 61, 492. 
 service of, whether essential to lis pendens. 
 
 56, 860, 861.- 
 service on one cotenant, effect of. 91, 
 
 882, 883. 
 technical defects in the service of. 61, 
 
 492, 493. 
 time for the service of. 61, 487, 488. 
 upon consolidated corporations. 89, 619, 
 
 620. 
 upon whom must be served. 61, 490. 
 
 Proceedings against unknown owners. 
 
 affidavit required in proceedings against. 
 
 87, 363, 364. 
 constitutionality of statute authorizing 
 
 proceedings against unknown owners. 
 
 87, 360-362. 
 
Profanity 
 
 INDEX-DIGEST TO NOTES. 
 
 210 
 
 Proceedings against unknown owners — Cont'd. 
 escheated land, quieting title of, against. 
 
 87, 367. 
 foreclosure against. 87, 366. 
 heirs, unknown, suits against. 87, 365, 
 
 366. 
 judgments against. 87, 368. 
 parties in proceedings against. 87, 364. 
 partition against. 87, 366. 
 petition required in proceedings against 
 
 unknown owners. 87, 362, 363. 
 proceedings against. 87, 358-368. 
 proceedings against, in equity. 87, 364, 
 
 365. 
 procedure against, statute must be 
 
 strictly followed. 87, 362. 
 procedure in proceedings against. 87, 
 
 362-364. 
 purpose of proceedings against. 87, 358- 
 
 360. 
 quieting title against. 87, 366, 367. 
 specific performance of contracts against. 
 
 87, 367, 368. 
 taxes enforced against. 87, 367. 
 
 Return. 
 
 of service on foreign corporations. 85, 
 937, 938. 
 
 Exemption from service. 
 
 Congress, members of, when attending, 
 
 going to, or returning from. 76, 534. 
 criminal charge, arrest under does not 
 
 prevent the service of civil process. 76, 
 
 540, 541. 
 criminal charge, persons brought within 
 
 the state on, whether exempt from. 76, 
 
 541. 
 decoying persons into the state for the 
 
 purpose of serving civil process on. 76, 
 
 540. 
 military service, persons engaged in. 76, 
 
 535. 
 nonresident suitors coming into the state. 
 
 76, 538. 
 nonresident suitors coming within the 
 
 state solely to attend to the trial of 
 
 their cause. 76, 536-538. 
 nonresident witnesses coming into the 
 
 state. 76, 538, 539. 
 of justices of the peace while holding 
 
 court. 76, 535. 
 of justices of the supreme court. 76, 535. 
 parties while attending court. 76, 535. 
 remedy for enforcement of. 76, 542. 
 waiver of. 76, 542. 
 
 III. Defects. 
 
 defects in service as aflfecting jurisdiction. 
 
 61, 485-496. 
 irregularities in service as ground for 
 
 relief from judgments. 54, 230. 
 jurisdictional defects in summons and 
 
 like processes. 40, 430-434. 
 See Process, II. 
 summons, irregularities in. 40, 430-434. 
 
 IV. AbuHe of Process. 
 
 Abuse of process. 
 
 abuse of lawful process, and liability 
 
 therefor. 86, 397-411. 
 attachment, abuse of writ of. .86, 400- 
 
 402. 
 
 Abuse of process — Continued. 
 
 criminal process used to collect debts con- 
 stitutes. 86, 406, 407. 
 damages in actions for. 86, 410, 411. 
 damages, punitive, in actions for. 86, 
 
 410, 411. 
 excessive levy under distress warrant is. 
 
 86, 404. 
 execution, abuse of writ of. 86, 400-402. 
 foreclosure and sale of property, when 
 
 constitutes. 86, 405. 
 injunction as a remedy for. 86, 409, 410. 
 injure or misuse property attached is. 
 
 86, 402, 403. 
 injury or misuse of property seized under 
 
 execution is. 86, 402, 403. 
 liability for. 86, 407-411. 
 liability in action on the case for. 86, 
 
 408, 409. 
 liability in trespass for. 86, 408, 409. 
 nature and elements of. 86, 398-400. 
 of civil process. 86, 400-405. 
 of criminal process. 86, 405-407. 
 process of arrest used to accomplish an 
 
 ulterior purpose, when constitutes. 86. 
 
 405, 406. 
 seizure and retention of exempt property, 
 
 when constitutes. 86, 403, 404. 
 subpoena, procuring false return to, is. 
 
 86, 404, 405. 
 summons and subpoena, employing, for 
 
 some ulterior purpose, may be. 86, 
 
 404, 405. 
 what constitutes. 86, 398-407. 
 who is liable for. 86, 407, 408. 
 writ of replevin, service of, when con- 
 stitutes. 86, 405. 
 writ of possession, service of, when may 
 
 constitute. 86, 405. 
 
 PROFANITY. 
 
 as a crime. 78, 261. 
 
 PROFESSIONS. 
 
 taxation of. 8, 508. 
 
 PROHIBITION. 
 
 against alienation of corporate stock. 57, 
 
 379-396. 
 against municipal indebtedness. 44, 229- 
 
 243. 
 
 PROMISSORY NOTES. 
 
 made by infants. 18, 606-611. 
 
 of corporation need not be under seal. 
 50, 152. 
 
 parol evidence to vary. 56, 669. 
 
 promise to indemnify for signing or in- 
 dorsing. 42, 191, 192. 
 
 setoff in favor of and against the hold- 
 ers of. 47, 593, 594. 
 
 taking, as waiver of mechanics' liens. 41, 
 761, 762. 
 
 PROMOTERS. 
 
 corporation ratifying acts of. 13, 29. 
 of corporations, and their relations there- 
 to. 17, 161-168. 
 
211 
 
 INDEX-DIGEST TO NOTES. 
 
 Public Lands 
 
 PROOF. 
 
 of filing papers. 15, 297. 
 
 of law of state where cause of action 
 
 arose. 14, 354, 355. 
 of loss in insurance cases. 11, 72. 
 of loss, waiver of forfeiture of insurance 
 
 policy by requiring. 9, 236-238. 
 of publication and malice in libel. 15, 
 
 337. 
 
 PROPERTY. 
 
 equitable conversion of real estate into 
 personal, and personal estate into real, 
 by will. 5, 141-148. 
 
 not in existence, sales of. 81, 42-46. 
 
 of nonresident, jurisdiction over. 6, 181- 
 183. 
 
 PROSPECTUS. 
 
 false representation by. 18, 562. 
 of corporation, liability of directors for 
 falsity of. 8, 604, 605. 
 
 PROSTITUTION. 
 
 as a crime. 78, 261. 
 
 sale of property to be used in house of, 
 validity of. 32, 452. 
 
 PROTEST. 
 
 of bills and notes, when sufficient evi- 
 dence. 36, 685. 
 
 of negotiable paper by notaries, liability 
 of notaries respecting. 82, 380-382. 
 
 wrongful, of commercial paper. 30, 158, 
 159. 
 
 PROXIES. 
 
 irrevocable, when enforced. 56, 139-153. 
 
 PROXIMATE. 
 
 cause, doctrines of. 36, 807-861. 
 damages, in action for failure to send or 
 deliver telegram. 10, 779-782. 
 
 PUBLICATION. 
 
 of libel in newspapers. 15, 333-369. 
 
 of notice, jurisdiction acquired by. 6, 
 
 183. 
 of process, when authorized. 61, 494, 
 
 495. 
 rights in land under navigable streams. 
 
 53, 293. 
 
 See Process, 
 service by, may be authorized. 53, 180. 
 
 PUBLIC CELEBRATIONS. 
 
 taxation for. 16, 371. 
 
 PUBLIC DEFENSE. 
 
 taxation for. 16, 370. 
 
 PUBLIC ENEMY. 
 
 sale of property to be used by, validity of. 
 32, 453. 
 
 PUBLIC FRANCHISES. 
 
 right to transfer. 35. 390-407. 
 
 PUBLIC LANDS. 
 
 Public lands. 
 
 adverse possession of, may exist as against 
 a private citizen. 76, 481. 
 
 adverse possession of, prior to the issu- 
 ing of a patent. 76, 480. 
 
 adverse possession of, under a tax deed. 
 76, 482. 
 
 adverse possession, title thereto cannot 
 be acquired by. 76, 479. 
 
 alienability of settler's rights on public 
 lands. 31, 197, 198. 
 
 cancellation of entry on, when void. 75, 
 880. 
 
 claimants, whether may recover for bet- 
 terments. 81, 180, 188. 
 
 color of title to state lands. 76, 490-492. 
 
 color of title, what constitutes so as to 
 support prescriptive title. 76, 483, 
 484. . 
 
 commissioner of land office, power to can- 
 cel entries. 75, 881. 
 
 contracts to convey, when violate the fed- 
 eral laws. 52, 250. 
 
 dams, prescriptive rights to. 76, 485. 
 
 escheated lands, adverse possession of. 
 76, 487. 
 
 highways, adverse possession of. 76, 492- 
 495. 
 
 homestead, right of, when may be alien- 
 ated. 52, 253. 
 
 homestead, right of, when may be mort- 
 gaged. 52, 252. 
 
 lakes, prescriptive right. 76, 485. 
 
 land department, decisions of, effect. 75, 
 881, 882. 
 
 land office, certificate of, constitutes color 
 of title. 76, 483, 484. 
 
 mineral lands of, adverse possession of. 
 76, 485. 
 
 mortgage by homestead claimants. 52, 
 252. 
 
 mortgage, made after proving up upon. 
 52, 251. 
 
 mortgage made before entry, eft'ect of. 
 52, 251. 
 
 mortgage of, to secure pre-existing debt. 
 52, 253. 
 
 notice to entryman required before can- 
 cellation of entry. 75, 880. 
 
 oyster-beds, prescriptive title to. 76, 485. 
 
 parks, adverse possession of. 76, 492-495. 
 
 patents for mineral lands, what included 
 therein. 58, 263-280. 
 
 patent, mandamus against governor to 
 compel issuance of. 31, 296, 304. 
 
 pre-emption claims, mortgage of. 52, 
 249. 
 
 public cemeteries, adverse possession of. 
 76, 487. 
 
 public engine lot, adverse possession of. 
 76, 487. 
 
 public hospital site, adverse possession of. 
 76, 487. 
 
 right of entryman to notice and hearing 
 before cancellation of entry. 75, 880- 
 882. 
 
 rivers, prescriptive right to. 76, 4S5. 
 
 school lands, adverse possession of. 76. 
 486. 
 
 state lands, adverse possession of. 76, 
 488-490. 
 
 waters upon, prescriptive title to. 76, 
 484. 
 
Public Office 
 
 INDEX-DIGEST TO NOTES. 
 
 212 
 
 PXTBLIC OFFICE. 
 
 acceptance of and resignation from. 36, 
 
 523-527. 
 what are. 63, 181-193. 
 
 PUBLIC OFFICEES. 
 
 criticism of, when libelous. 15, 349-351. 
 See Officers. 
 
 P.UBLIC PROPERTY. 
 
 taxation and assessment of. 33, 400-413. 
 
 PUBLIC TRIAL. 
 
 right to, and what are infringements 
 upon. 28, 308, 309. 
 
 PUBLIC USE. 
 
 adverse possession of property devoted to 
 
 a public use. 87, 775-782. 
 damages for, for which compensation 
 
 must be made. 4, 399-405. 
 dedication of property to. 10, 189. 
 in eminent domain, existence of, when 
 
 may be reviewed by the courts. 88, 
 
 926-946. 
 taking property for, what is. 16, 610- 
 
 615. 
 what is, for taxation. 16, 365-367. 
 what ia a, within Munn v. Illinois. 62, 
 
 289-304. 
 whether a legislative or judicial question. 
 
 42, 406, 407. 
 
 PUBLIC UTILITIES. 
 
 charges for, regulation of, by the state. 
 62, 289-304. 
 
 PUBLIC WORK. 
 
 contracts for. 50, 489-497. 
 
 PUNISHMENT. 
 
 of kidnaping. 4, 450. 
 
 See Criminal Law. 
 
 validity of, when different from that au- 
 thorized by law. 55, 264-275. 
 
 what is, within meaning of ex post facto 
 laws. 37, 590-594. 
 
 PUNITIVE DAMAGES. 
 
 rules concerning. 28, 870-883. 
 See Damages. 
 
 PURPRESTURES. 
 
 are public nuisances. ' 69, 272, 273. 
 authority to erect and maintain. 69, 276. 
 definition of. 69, 271. 
 diflference between and public nuisances. 
 
 69, 273. 
 indictment, purposes of. 69, 281. 
 injunction against. 35, 673, 674; 69, 276, 
 
 279. 
 navigable waters, structures in. 69, 273, 
 
 274. 
 remedies for. 69, 276-281. 
 wharves in navigable waters. 69, 273, 
 
 274. 
 
 PUTS AND CALLS. 
 sales of. 1, 755. 
 
 QUANTUM MERUIT. 
 
 on contract not fully performed. 59, 283. 
 under ultra vires contracts. 70, 174. 
 
 QUARANTINE. 
 
 laws and regulations. 47, 533-552. 
 laws, power of state to enact. 27, 567. 
 penal regulation of. 78, 262. 
 regulations by boards of health. 80, 227- 
 229. 
 
 See Health. 
 
 QUESTION FOR JURY. 
 
 contributory negligence. 8, 813, 849. 
 
 jury as judges of law and fact. 42, 290- 
 295. 
 
 malice as, in action for malicious prose- 
 cution. 26, 151. 
 
 negligence in starting fires a. 30, 503, 
 504. 
 
 proximate cause, when a. 36, 851. 
 
 QUESTION OF FACT. 
 
 as to who is a passenger. 61, 103. 
 creation of voluntary trust a, question of 
 
 fact. 34, 216. 
 not reviewed upon certiorari. 40, 34, 35. 
 
 QUESTION OF LAW. 
 
 admissibility of confession of criminal. 
 
 6, 244. 
 as to who is a passenger. 61, 103. 
 contributory negligence, when is. 8, 849. 
 fraudulent assignments, when a. 58, 93- 
 
 95. 
 insane delusions, what are, is a. 63, 81. 
 
 QXHET ENJOYMENT. 
 
 covenants for. 53, 113-120; 82, 686-689. 
 
 QUIETING TITLE. 
 
 Quieting title generally. 
 
 against nonresidents. 1, 264-266. 
 against unknown owners.- 87, 366, 367. 
 
 CLOUD ON TITLE. 
 
 Cloud on title. 
 
 assessment for taxes, when may be an- 
 nulled as a. 45, 377. 
 
 deed void on its face cannot constitute. 
 45, 377. 
 
 definition of. 45, 373. 
 
 equitable relief against. 45, 374. 
 
 forged mortgage may be removed as a. 
 45, 378. 
 
 judgment, when may be annulled as a. 
 45, 377. 
 
 person out of possession, suit by to re- 
 move. 45, 375. 
 
 possession, when essential to maintain 
 suit to remove. 45, 375. 
 
 prescriptive title will support suit to re- 
 move. 45, 376. 
 
 suit to remove. 45, 373-378. 
 
 tax deed, when may be annulled as a. 45, 
 377. 
 
 test to determine what is. 45, 374. 
 
 QUI TAM ACTION. 
 
 rules respecting. 50, 557-560. 
 See Penalties. 
 
213 
 
 INDEX-DIGEST TO NOTES. 
 
 Railroads 
 
 QUITCLAIM. 
 
 deeds. 1, 247. 
 deeds, effect of. 12, 238. 
 See Deeds. 
 
 QUO WARRANTO. 
 
 against persons acting as officers of 
 
 county organized by fraud. 20, 676. 
 judgments, attack upon, by. 23, 111. 
 laches as a defense to proceedings in. 52, 
 
 314. 
 lapse of time as a bar to proceedings in. 
 
 52, 313. 
 pleadings in. 52, 312. 
 receivers not appointed in. 72, 86. 
 statutes of limitations does not run 
 
 against. 52, 313. 
 to declare forfeiture of corporate charter. 
 
 8, 198. 
 
 RACE. 
 
 discrimination on account of, by carrier. 
 
 11, 651. 
 fourteenth amendment forbids burdens 
 and restrictions on account of. 25, 875, 
 876. 
 
 RAILROADS. 
 I. Control of Railroads. 
 II. Location of Road and Stations. 
 
 III. Risbt of Way. 
 
 IV. S^cinipment and Appliances. 
 
 V. Leases, Contracts, and Consolida- 
 tion. 
 VI. Indebtedness, Liens, and Mort- 
 gages. 
 VII. Receivers. 
 VIII. Operation. 
 
 I. Control of Railroads. 
 
 fourteenth amendment, railroads are 
 within the protection of. 62, 167, 168. 
 
 taking property of railroads under emi- 
 nent domain. 9, 137-146. 
 
 taxation of gross receipts of. 8, 509. 
 
 II. Location of Road and Stations. 
 
 access to depot grounds, granting special 
 
 privileges concerning. 22, 699-702. 
 depot, right to exclude persons from. 22, 
 
 699. 
 exclusive privileges, right of carrier to 
 
 grant, to hackmen and others. 22, 699- 
 
 702. 
 express companies, grant of exclusive 
 
 privileges to. 22, 700, 701. 
 grants to railways, when deemed to be 
 
 upon conditions subsequent. 79, 759, 
 
 760. 
 hackmen, right to grant exclusive priv- 
 ileges to. 22, 699-702. 
 special privileges, grants of, when valid. 
 
 22, 700-702. 
 safe stations, duty to keep, for persons 
 
 assisting passengers. 29, 55, 56. 
 
 III. Rlsht of Way. 
 
 adverse possession of lands held by rail- 
 road, whether there can be. 87, 780-782; 
 
 Railroads — Con tinned. 
 
 damages allowed in condemnation pro- 
 ceedings for right of way. 85, 291-314. 
 
 railways in street as taking property for 
 public use. 16, 612-614. 
 
 ?^' 
 
 IV. Eqnipment and Appliances. 
 
 Equipment and appliances. 
 
 absolute safety of machinery and appli- 
 ances is not guaranteed by. 65, 738, 
 740. 
 
 appliances and machinery which must 
 furnish for use of employes. 65, 741. 
 
 appliances, best known, duty of to fur- 
 nish and use. 65, 738, 739. 
 
 appliances, reasonably safe must be fur- 
 nished for use of employes. 65, 741. 
 
 coupling cars, employes assume risks at- 
 tendant upon. 65, 740. 
 
 duty to furnish improved appliances. 65, 
 738-742. 
 
 negligence, when not imputable to from 
 continuing to use appliances and ma- 
 chinery. 65, 738. 
 
 new appliances and invention, duty of to 
 adopt for the safety of their employes. 
 65, 739-742. 
 
 rolling-stock, where taxable. 62, 470, 471. 
 
 specific performance of contracts for the 
 construction and equipment of. 68, 
 755, 756. 
 
 V. Leases, Contracts, and Consolidation. 
 
 Leases. 
 
 employes of lessee, liability of lessor to 
 for negligence. 58, 149, 150. 
 
 grantees and lessees, liability of, for nui- 
 sances. 86, 520, 521. 
 
 liability of lessor for nonperformance of 
 public duties by his lessee. 58, 148-152. 
 
 liability of lessor to employes of lessee. 
 58, 155. 
 
 liability of lessor to passengers injured 
 by the negligence of the lessee. 58, 152, 
 153. 
 
 liability of lessor to persons other than 
 lessee. 58, 147-156. 
 
 negligence for which lessor remains liable. 
 58, 149, 150. 
 
 public duties, lessor remains liable for 
 performance of. 58, 149-151. 
 
 road and track, liability of lessor for neg- 
 ligence in construction and maintenance 
 of. 58, 149, 150. 
 
 unauthorized, is void. 58, 148. 
 
 Oontraots creating monopoly. 
 
 combinations among railroads to prevent 
 ruinous competition. 74, 250-252. 
 
 combinations among railroads which ore- 
 ate unlawful trusts. 74, 249, 250. 
 
 competition between railroads, whether 
 the court may determine how much is 
 beneficial to the public. 74, 2.'i3. 
 
 contracts between railroad and telegraph 
 companies to give the latter the exclu- 
 sive use of the right of way. 74, 254, 
 255. 
 
 Consolidation. 
 
 consolidation and its effect. 59, 554-560. 
 consolidated, liabilities of. 59, 554, 555. 
 
Railroads 
 
 INDEX-DIGEST TO NOTES. 
 
 214 
 
 VI. Indebtedness, L,iens, and Mortgages. 
 
 Bonds. 
 
 bonds of, where taxable. 62, 453. 
 Liens. 
 
 mechanic's lien on railways. 65, 171, 172. 
 
 Railway mortgages. 
 
 advances made, when will be allowed 
 preference over. 54, 414, 415. 
 
 attorney's fees, when entitled to prefer- 
 ence over. 54, 414, 415. 
 
 balance due to other railways, when en- 
 titled to preference over. 54, 410, 411. 
 
 bonds which are entitled to preference 
 over. 54, 415, 416. 
 
 claims in foreclosure proceedings which 
 may be preferred over. 54, 403. 
 
 claims which take precedence over mort- 
 gages. 54, 400-433. 
 
 classification of debts entitled to prefer- 
 ence over. 54, 427. 
 
 counsel fees of receiver have preferences 
 over. 54, 405. 
 
 debts existing before appointment of re- 
 ceiver, when entitled to preference over. 
 54, 410. 
 
 diversion of funds, restoration of may be 
 compelled before paying. 54, 440. 
 
 earnings, claims which are to be paid out 
 of, have preference over. 54, 401, 402. 
 
 expenses of receivership have preferences 
 over. 54, 401, 405. 
 
 extension of railway, claims of persons 
 constructing. 54, 409. » 
 
 going concern, expenses for keeping a, 
 when entitled to preference over. 54, 
 409. 
 
 interest, claims for, when entitled to 
 preference over. 54, 416. 
 
 intervening lien claimants and their reme- 
 dies. 54, 408. 
 
 judgment liens, when entitled to prefer- 
 ence over. 54, 416. 
 
 laborers and other operatives, claims of, 
 when entitled to preference over. 54, 
 411. 
 
 inaterials and supplies, claims for, when 
 entitled to preference over. 54, 405. 
 
 mechanic's lien, priority over. 54, 423. 
 
 negligence, claims for, when entitled to 
 preference over. 54, 426. 
 
 net income only is applicable to. 54, 410. 
 
 operating expenses, when entitled to 
 preference over. 54, 404, 406. 
 
 pre-existing debts, when entitled to prefer- 
 ence over. 54, 402. 
 
 preference over, of claims for damages. 
 54, 425. 
 
 preference over, of claims for fuel. 54, 
 420. 
 
 preference over, for goods lost in orans- 
 portation. 54, 426. 
 
 preference over, of claims for materials. 
 54, 424. 
 
 preference over, of claims for rent and re- 
 pairs of cars. 54, 417, 418. 
 
 preference over, of claims for rolling-stock. 
 54, 416, 417. 
 
 preference over, of claims for supplies. 
 54, 420. 
 
 preference over, of claims for wages. 54, 
 418, 419. 
 
 preference over, of mechanics' liens. 54, 
 423. 
 
 Railway mortgages — Continued. 
 
 preference over, of statutory liens. 54, 
 422, 423. 
 
 preference over, of vendor's lien. 54, 424. 
 
 purchase money mortgage. 54, 402. 
 
 receivers' certificate, when have prefer- 
 ences over. 54, 431. 
 
 receivership, claims of have preference 
 over. 54, 404. 
 
 rolling-stock purchased for receiver. 54, 
 416, 417. 
 
 statutoiy lien, priority over. 54, 423. 
 
 sureties making advances, when may be 
 entitled to preferences over. 54, 402. 
 
 time within which preferred claims may 
 be allowed, limit of. 54, 413. 
 
 vendor's lien, priority over. 54, 324. 
 
 VII. Receivers. 
 
 Receivers. 
 
 action against, without leave of court. 
 
 18, 77. 
 claims which must be given preference as 
 
 against property in receiver's hands. 
 
 54, 400-432. 
 discharge of, effect. 18, 77. 
 effect of, pending action on appointment 
 
 of receiver. 5, 315. 
 expenses of receivership have preference 
 
 over mortgages. 54, 401, 405. 
 expenses of receivership, when preferred 
 
 claims. See Railroads, VIII. 
 insolvency not justify the appointment 
 
 of. 72, 88, 89. 
 judgment against, when binding on rail- 
 ways. 18, 76, 77. 
 leave to sue receiver, whether necessary. 
 
 5, 316. 
 liability of railroad corporation while is 
 
 in hands of receiver. 5, 313-316. 
 liens created by receivers. 83, 75-77. 
 of railways operated in two or more 
 
 states. 74, 299. 
 possession of receiver must be exclusive 
 
 to relieve company from liability. 5, 
 
 319. 
 receiver's certificates, when a preference 
 
 over mortgages. 54, 431. 
 receiver, claims existing prior to the ap- 
 pointment of, when are preferences. 54, 
 
 406. 
 receivers, in suits to foreclose liens upon 
 
 railroad. 72, 86-88. 
 receiver is liable in his official capacity. 
 ' 5, 315, 316. 
 
 receivers of railroads. 71, 377-379. 
 receivership, claims of, have preference 
 
 over mortgage. 54, 404, 431. 
 right to take property in another state. 
 
 15, 79-82. 
 setoff in favor of and against insolvent 
 
 railroads. 47, 594. 
 to take charge of railways. 72, 86-90. 
 where absolute liability is imposed on 
 
 railroad company by statute. 5, 314. 
 
 VIII. Operation. 
 
 Operation generally. 
 
 concurrent liability of two persons oper- 
 ating same railroad. 16, 250. 
 demurrage, right to charge. 44, 921-926. 
 mandamus to compel railroad to perfqrm 
 
 Hllfioa H7 591-Q0"J 
 
215 
 
 INDEX-DIGEST TO NOTES. 
 
 Railroads 
 
 Operation generally — Continued. 
 
 license to use track as a highway, when 
 implied. 52, 48. 
 
 negligence of independent contractor in 
 management of trains, railroad's liabil- 
 ity for. 76, 411-417. 
 
 obstruction of streets by. 1, 843. 
 
 operating trains at an undue rate of 
 speed, liability for. 20, 453. 
 
 presumption of negligence from accidents. 
 30, 736-738. 
 
 signals, failure to . give, as proximate 
 cause of injury. 36, 817. 
 
 special statutes requiring them to make 
 changes in the construction or opera- 
 tion of their roads. 62, 171. 
 
 stipulations which a railroad company 
 may not extort from shippers. 13, 782- 
 787. 
 
 streets, obstruction of, liability for. 27, 
 240, 241. 
 
 streets of city, care required in operating 
 railways on. 52, 48. 
 
 surgical attendance on employes, liability 
 for. 1, 199. 
 
 trains, special law regulating running of. 
 62, 169. 
 
 unlawful speed as proximate cause of in- 
 jury. 36, 818. 
 
 Duty and liability to passengers and tres- 
 passers. 
 
 assaults by servants upon passengers. 54, 
 89. 
 
 children, injuries to, liability for. 49, 
 429-431. 
 
 conductors, acts of, outside of their em- 
 ployment. 54, 80, 86. 
 
 criminal acts of servants of, liability for. 
 54, 88. 
 
 duty to persons who are not trespassers. 
 20, 453. 
 
 duty to persons who are trespassers. 20, 
 453. 
 
 engineers, acts of outside of their employ- 
 ment. 54, 82. 
 
 exemplary damages. 59, 602, 608. 
 
 injuries to passenger, negligence in leav- 
 ing moving train. 17, 422-429. 
 
 malicious acts of employes of. 54, 90. 
 
 passengers, duty to inform, of danger. 7, 
 830-836. 
 
 passengers, who are and when they be- 
 come such. 61, 75-104. 
 
 persons assisting passengers, duty to. 29, 
 54-56. 
 
 policeman, liability for acts of. 54, 83. 
 
 porters, liability for acts of. 54, 89, 90. 
 
 surgical attendance, officers contracting 
 for. 1, 199, 200. 
 
 surgical attendance on injured passenger. 
 1, 200. 
 
 trespassers on freight trains. 61, 91-93. 
 
 Duty to persons on or near tracks. 
 
 children injured on tracks. 49, 421-423. 
 
 contributory negligence in crossing tracks. 
 8, 813, 814. 
 
 diligence required of, when they permit 
 the public to use tracks of as high- 
 ways. 52, 49. 
 
 duty to persons approaching track. 20, 
 114, 
 
 Duty to persons on or near tracks — Continued. 
 duty to persons upon tracks. 20, 452, 
 
 453. 
 duty to persons who by acquiescence are 
 
 permitted to use tracks of as highways. 
 
 52, 46, 47. 
 liability to person while walking on track. 
 
 9, 439-442. 
 trespassers on the track, duty to. 30, 53- 
 
 55. 
 
 Duties toward animals. 
 
 carriers of livestock. See Carriers, 
 dogs, liability for killing. 67, 296. 
 duty to cattle on the track. 20, 161, 162. 
 fences and cattle-guards, may be required 
 
 to maintain. 62, 170. 
 livestock, liability for injuring. 62, 170. 
 
 Damages recoverable iy land owner. 
 
 damages for obstructing flow of water. 
 5, 538, 539. 
 
 damages for interference with lateral sup- 
 port of land. 5, 537, 538. 
 
 damages from blasting. 5, 538. 
 
 damages recoverable by land owner for 
 injuries resulting from the maintenance 
 and operation of railways, although 
 the right to maintain them has first 
 been secured. 5, 537-540. 
 
 recovery in one action or successive ac- 
 tions. 5, 539, 540. 
 
 Discrimination hy railroads. 
 
 cannot refuse one and carry for another. 
 11, 647. 
 
 discrimination against delivery to cliffer- 
 ent elevators. 11, 651. 
 
 discrimination against locality. 11, 648. 
 
 discrimination against person for refusing 
 exclusive patronage. 11, 651. 
 
 discrimination against person on account 
 of race or color. 11, 651. 
 
 discrimination by railroads. 11, 647-655. 
 
 discrimination by railroads contracting to 
 carry cheaper for one shipper. 11, 652. 
 
 discrimination between express companies. 
 11, 653. 
 
 discrimination in favor of competitive 
 points. 11, 650. 
 
 discrimination in favor of large shippers. 
 11, 650. 
 
 discrimination in favor of long distance. 
 11, 650. 
 
 discrimination in favor of passengers 
 purchasing tickets at office. 11, 650. 
 
 discrimination in favDr of through 
 freight. 11, 650. 
 
 discrimination, statutory and constitu- 
 tional provisions regarding. 11, 649,' 
 654, 655. 
 
 discriminations, tests to determine jus- 
 tice. 11, 649. 
 
 discriminations, whether just and lawful. 
 11, 649. 650. 
 
 discrimination whether unreasonable and 
 unlawful. 11, 647-649. . 
 
 not bound to head all persons with ab- 
 solute equality. 11, 647. 
 
 preference, right to grant. 11, 648. 
 
 Fires. 
 
 constitutionality of statute imposing lia- 
 bility for. 42, 538. 
 
Eape 
 
 INDEX-DIGEST TO NOTES. 
 
 216 
 
 Fires — Continued. 
 
 evidence of other fires. 42, 538. 
 
 fire, liability of for. 62, 171. 
 
 insurable interest of company in prop- 
 erty likely to be injured. 42, 538. 
 
 liability for flres. 42, 538-542. 
 
 negligence need not be alleged in action 
 for. 42, 538. 
 
 EAPE. 
 
 attempt to commit. 20, 743. 
 
 homicide committed in perpetration of, 
 
 is manslaughter. 90, 580. 
 on child under age of consent. 16, 30. 
 physical examination in prosecutions for. 
 
 68, 252. 
 
 RATIFICATION. 
 
 by beneficiary of unauthorized acts of 
 
 trustee. 63, 474, 476. 
 by corporation of spurious stock issued. 
 
 87, 857. 
 by principal of acta of agent. 55, 223. 
 of acts of promoters, by corporation. 
 
 13, 29. 
 of acts of subagent. 50, 122. 
 of agent's act in borrowing money. 29, 
 
 96, 97. 
 of alteration of written instrument. 86, 
 
 126, 127. 
 of contract between corporation and its 
 
 directors. 17, 308. 
 of contract by infant. 18, 699-720. 
 of contracts. 59, 638-644. 
 See Contracts, 
 of defective corporation by statute. 33, 
 
 179, 180. 
 of dying declarations previously made. 
 
 86, 647. 
 of infant's contracts. See Infants, 
 of invalid municipal bonds. 51, 859, 
 
 860. 
 of release improperly obtained. 55, 509. 
 of unauthorized contract made by agent. 
 
 5, 109-114. 
 of will after imdue influence is removed. 
 
 31, 686. 
 
 BEAX ACTIONS. 
 
 amendments to pleadings in real actions. 
 51, 429, 430. 
 
 BEAIi PEOPERTT. 
 
 affected by. collateral inheritance tax. 
 
 41, 584, 585. 
 executors have no power over. 78, 175- 
 
 178. 
 executor no title to, at common law. 52, 
 
 119. 
 is subject to the rule against perpetui- 
 ties. 49, 127. 
 lateral support, right to. 33, 446-476. 
 licenses entering upon, liability of owner 
 
 to. 32, 468-472. 
 mortgages on, made by infants. 18, 587- 
 
 589. 
 of partnership. 48, 62-77. 
 of partnership, how levied upon. 57, 436. 
 of partnership, proceedings to reach. 
 
 43, 377-379. 
 of ward, custody over. 89, 308-315. 
 
 Real property — Continued. 
 
 of ward, sale of. 89, 310-314. 
 
 owner of, duty to persons coming on 
 
 property. 31, 524, 525. 
 purchase and sale of, by infants. 18, 
 
 586, 587. 
 receivers in cases of disputed title to. 
 
 72, 66, 67, 91, 92. 
 rights of husband and wife to succeed to, 
 
 of each other. 12, 83-92. 
 title to surface and minerals severable. 
 
 24, 554. 
 trespassers upon, when may recover for 
 
 injuries received. 32, 470-472. 
 
 REASONABLE DOXTBT. 
 
 rules governing proof beyond. 48, 566- 
 579. 
 
 See Criminal Law. 
 
 RECEIPT. 
 
 discovery of, whether ground for relief 
 in equity from judgment. 53, 450. 
 
 forgery of. 8, 467. 
 
 of officers as evidence against their sure- 
 ties. 3, 749, 750. 
 
 of principal, as evidence against sureties. 
 10, 847. 
 
 parol evidence respecting. 11, 393, 394. 
 
 RECEIVERS. 
 I. Appointment, and Grounds of Ap- 
 pointment. 
 II. Discliarse. 
 
 III. Title and Possession. 
 
 IV. Management of Property. 
 V. Payment of Claims. 
 
 VI. Actions. 
 VII. Foreign Recelfers. 
 
 I. Appointment and Grounds of Appoint- 
 ment. 
 
 Receivers. 
 
 act of Congress relating to. 74, 292-298. 
 
 alimony and maintenance, appointment 
 of in suits to enforce. 72, 67, 68. 
 
 appointed in another state under insur- 
 ance laws. 8, 53. 
 
 assignment for the benefit of creditors, 
 appointment of in cases of. 72. 43-45. 
 
 definition of. 71, 353; 72, 29. 
 
 discretion of the court in granting or re- 
 fusing the appointment of. 72, 33, 34. 
 
 executors and administrators, appoint- 
 ment of to take property out of the 
 hands of, whether justifiable. 72, 64, 
 66. 
 
 fraud as a ground for appointment of. 
 72, 70, 71. 
 
 in actions of ejectment. 72, 68. 
 
 in bankruptcy proceedings. 72, 47. 
 
 in cases of disputed title to real prop- 
 erty. 72, 66, 67, 91, 92. 
 
 in creditor's suits. 71, 367, 368; 72, 60- 
 63. 
 
 in divorce suits. 71, 368; 72, 67, 68. 
 
 insolvency of the defendant as a ground 
 for the appointment of. 72, 72. 
 
 in suits between partners. 72, 80-82. 
 
2)7 
 
 INDEX-DIGEST TO NOTES. 
 
 Receivers 
 
 JReceivers — Continued. 
 
 in suits between vendors and purchasers. 
 
 72, 96. 
 in suits to foreclose chattel mortgages. 
 
 judicial sales, appointment of at the in- 
 stance of a purchaser at. 72, 73. 
 
 jurisdiction to appoint. 71, 357, 359. 
 
 lienholder, when entitled to. 72, 73. 
 
 lis pendens in suits for appointment of 
 receiver. 56, 866. 
 
 mortgages, appointment of in suits to 
 foreclose. 72, 74-78. 
 
 mortgagee's right to appointment of. 27, 
 793-798. 
 
 notice of application for is usually re- 
 quired. 72, 36. 
 
 notice, power to appoint without giving. 
 72, 35, 36. 
 
 object of appointing. 72„ 29-31. 
 
 of attached property. 72, 45. 
 
 of benefit societies. 72, 47. 
 
 of building and loan associations. 72, 
 47, 48. 
 
 of corporations. 72, 48-60. 
 
 of corporations because of dissension 
 among the stockholders. 72, 54-56. 
 
 of corporations, fraud which will justify 
 the appointment of. 72, 58, 59. 
 
 of corporations, shareholders, when en- 
 titled to have appointed. 72, 54. 
 
 of corporations upon their dissolution. 
 72, 59. 
 
 of infants' estates. 72, 71. 
 
 of insolvent banks, appointment of, when 
 justifiable. 72, 46. 
 
 of insolvent building and loan associa- 
 tions. 61, 30. 
 
 of lunatics' estates. 72, 71, 72. 
 
 of mines. 72, 73, 74. 
 
 of partnership. 71, 376. 
 
 of partnership, when! should 'be denied. 
 72, 85. 
 
 of railways. 71, 377-379. 
 
 of railways operated in two or more 
 states. 74, 299. 
 
 of railways, unsecured claims, payment of 
 cannot be exacted as a. condition on 
 appointing. . 54, 403. 
 
 of rents and profits, when proper. 72, 92, 
 93. 
 
 of state bank. 72, 45. 
 
 of the estates of decedents. 72, 63-66. 
 
 of the property of cotenants. 72, 60. 
 
 of the propertv of foreign corporations. 
 72, 69. 
 
 partition, suits for, when should be ap- 
 pointed in. 72, 85, 86. 
 
 partnership, creditors of, when entitled 
 to. 72, 83. 
 
 partnership, misconduct of a, member of 
 as a ground for the appointment of. 
 72, 82. 
 
 property over which may be appointed. 
 
 72, 40-42. 
 quo warranto proceedings, should not be 
 
 appointed in. 72, 86. 
 railways, appointment of in suits of 
 
 foreclosure liens upon. 72, 86-88. 
 railways insolvency alone does not justify 
 
 the appointment of. 72, 88, 89. 
 real property, courts are reluctant to ap- 
 point for. 72, 91. 
 
 Becewers — Continued. 
 
 specific performance, when may be ap- 
 pointed in suits for. 72, 93. 
 statutes authorizing the appointment of 
 
 are cumulative. 72, 43. 
 supplementary proceedings, when may be 
 
 appointed in suits for. 72, 94. 
 taxes, appointment of receivers to pay 
 
 where tenant for life neglects to. 72. 
 
 95. 
 time for the appointment of. 72, 38-40. 
 to take charge of railways. 72, 86-90. 
 to take possession of property in another 
 
 state. 72, 48. 
 trust property, appointment of for, 
 
 when justifiable. 72, 95, 96. 
 when it is proper to appoint a receiver. 
 
 72, 29-97. 
 
 II. Dlscbarge. 
 
 discharge of railroad receiver. 18, 77. 
 
 III. Title and Possession. 
 
 nature of receiver's possession. 71, 352, 
 
 353. 
 possession of railroad must be exclusive 
 
 to relieve company from liability. 5, 
 
 314. 
 possession of receiver is custody of law. 
 
 71, 355. 
 right to take property in another stato. 
 
 15, 79-82. 
 title of receiver. ^71, 353; 
 title of, subject to pre-existing liens. 71, 
 
 353. 
 
 IV. Management of Property, 
 
 Management of property. 
 
 assets, power over. 71, 354. 
 
 effect of appointing a receiver. 71. 353, 
 354. 
 
 effect of appointment of receiver on cred- 
 itor's suits. 71, 367, 368. 
 
 effect of appointment of receivers on exe- 
 cutions. 71, 370-372. 
 
 execution against property in hands of. 
 
 2, 403, 404. 
 
 powers of, how conferred. 83, 72. 
 receivers in divorce actions. 71, 368. 
 receivers of partnership. 71, 376. 
 receivers of railroads. 71, 377-379. 
 recovery of assets by receiver. 71, 354, 
 
 355. 
 recovery of unpaid siock subscriptions. 
 
 3, 833, 834. 
 
 rent of property held by receiver. 71, 
 
 381. 
 taxes on property in hands of receiver. 
 
 71, 383, 384. 
 territorial powers and jurisdiction of. 
 
 8, 49-54. 
 
 Liens on property. 
 
 certificates, when a preference over rail- 
 road mortgages. 54, 431. 
 
 effect of appointment of receivers on 
 equitable liens. 71, 368-370. 
 
 effect of appointment of receivers on judg- 
 ment liens. 71, 373-375. 
 
 effect of appointment of receivers on 
 mechanics' liens. 71, 375, 376. 
 
 effect of receiver's sales- on pre-existing 
 liens. 71, 381. 
 
Kecording 
 
 INDEX-DIGEST TO NOTES. 
 
 218 
 
 Liens on property — Continued. 
 
 liens against property in hands of re- 
 ceiver. 71, 359-369. 
 
 liens cannot be created by, without the 
 order of the court. 83, 72. 
 
 liens created by, for debts incurred during 
 the receivership. 83, 75-77. 
 
 liens, creation of by receivers of the prop- 
 erty of corporations. 83, 77-80. 
 
 liens for debts necessary to keep railroad 
 a going concern. 83, 77. 
 
 liens for pre-existing operating expenses. 
 83 73-75. 
 
 liens', pre-existing. 71, 361, 362, 381. 
 
 mechanics' liens, against property in 
 hands of receiver. 71, 375. 
 
 of railroad property, liens which may be 
 created by. 83, 75. 
 
 pre-existing debts, power of the court to 
 create liens in favor of. 83, 73-75. 
 
 priority of pre-existing liens. 71, 361- 
 365. 
 
 receivers certificates, effect on pre-exist- 
 ing liens. 71, 379-381. 
 
 receivers of railways, appointment of does 
 not authorize displacement of mortgage 
 liens. 54, 403. 
 
 relation of receivers to pre-existing liens, 
 and the remedies for their enforcement. 
 71, 352-384. 
 statutory liens on property in hands of 
 receiver. 71, 381-383. 
 
 vendor's lien on property in hands of 
 receivers. 71, 384. 
 
 V. Payment of Claims. 
 
 attorneys' fees, preference in favor of. 
 
 ' 71, 363. 
 
 payment of prior existing liens. 71, 
 376, 377. 
 
 preferred claims, what are. 71, 362, 363. 
 
 preference of receivership expenses over 
 mortgages. 54, 402-414. 
 
 priority of pre-existing liens. 71, 361- 
 365. 
 
 proof of debts. 71, 360. 
 
 receivers of railways, claims which must 
 be given preference as against property 
 in the hands of. 54, 400-432. 
 
 setoff, rights as to. 47, 582, 583. 
 
 setoff, right to, not destroyed by ap- 
 pointment of bank receiver. 47, 142- 
 144. 
 
 VI. Actions. 
 Actions. 
 
 actions against, leave to commence 
 whether and when necessary. 74, 286- 
 290. 
 
 actions against persons whom they repre- 
 sent may be maintained without first 
 asking leave to sue. 74, 291, 292. 
 
 actions against railroad receivers. 18, 
 77. 
 
 action brought out of state where ap- 
 pointed. 8, 49-54. 
 
 appointed by the national courts, when 
 may be sued without leave of the 
 court. 74, 293. 
 
 appointment of by the national court does 
 not deprive state courts of jurisdiction 
 previously existing. 74, 293. 
 
 A otions^-Oontinued. 
 
 attachment of property in hands of re- 
 ceivers. 71, 365-367. 
 
 certificates of, pre-existing lien. 71, 379- 
 381. 
 
 conflict of jurisdiction in suits against 
 receivers. 71, 356, 357. 
 
 conversion, leave to sue in. 74, 289, 290. 
 
 enjoining actions in another state which 
 interfere with receivership. 59, 881, 
 882. 
 
 fraudulent transfer, suit to set aside. 
 71, 355. 
 
 garnishment of receivers. 71, 372, 373; 
 74, 299. 
 
 injunctions by and against receivers. 71, 
 373. 
 
 interpleader, receivers may maintain. 91, 
 607. 
 
 judgments against, effect of. 74, 296, 
 298, 299. 
 
 judgments against property in hands of 
 receiver. 71, 356, 359, 373-375. 
 
 judgments against railroad receiver. 18, 
 76, 77. 
 
 jurisdiction where leave to sue is not ob- 
 tained. 74, 288. 
 
 jury trial, right of in actions against. 
 74, 290. 
 
 leave to sue, when necessary. 5, 316. 
 
 leave to sue, when necessary in actions 
 for torts. 74, 289. 
 
 leave to sue, whether indispensable. 74, 
 286-289. 
 
 liability of railroad receiver while oper- 
 ating the road. 5, 314-316. 
 
 limitations of actions. 71, 355. 
 
 recovery of deposits from receivers of 
 insolvent banks. 86, 795-807. 
 
 remodies against receivers. 71, 357. 
 
 remedies of creditors against receivers. 
 71, 357-361, 384. 
 
 replevin brought by foreign receiver. 8, 
 52. 
 
 suits against receivers. 71, 355-361. 
 
 trespass, action of, when cannot be main- 
 tained against without asking leave of 
 the court to sue. 74, 289, 290. 
 
 VII. Foreign Receivers. 
 
 action by, not allowed to interfere with 
 domestic creditors. 8, 52. 
 
 action by, not allowed to interfere with 
 local attachment laws. 8, 53. 
 
 appointed by federal court of one circuit, 
 not sue in another. 8, 50. 
 
 foreign receivers, jurisdiction over. 6, 
 185-189. 
 
 foreign, rights of. 71, 354. 
 
 foreign, right to sue in courts of an- 
 other state. 8, 49-54. 
 
 right to maintain action in another state. 
 15, 79-82. 
 
 right to present claim in bankruptcy. 8, 
 
 EECORDING. 
 
 of chattel mortgages. 21, 282, 283. 
 
 of deeds. 12, 238. 
 
 of deeds, not dispense with delivery. 1, 
 
219 
 
 INDEX-DIGEST TO NOTES. 
 
 Release 
 
 KECOSDS. 
 
 filing of papers. 15, 294-298. 
 of corporations, conclusiveness of. 13, 
 550-554. 
 
 of towns and municipality, conclusiveness 
 of. 13, 550-554. 
 
 registration laws protect plaintiffs pur- 
 chasing at execution sale. 79, 948. 
 
 RECOUPMENT. 
 
 of damages for failure to complete build- 
 ing. 43, 904, 905. 
 
 statute of limitations against recoupment. 
 3, 63, 64. 
 
 RECRIMINATION. 
 
 as a defense to divorce. 86, 333-342. 
 fraud as a recriminatory defense. 3, 727- 
 745. 
 
 REDEMPTION. 
 
 from execution sales, effect of. 67, 510- 
 
 517. 
 from execution sales, who may make. 21, 
 
 243-245. 
 from foreclosure sales, who may make. 
 
 21, 245-249. 
 
 RE-ENTRY. 
 
 right of, whether violates rule against 
 perpetuities. 49, 134-136. 
 
 REFORMATION OF INSTRtJMENTS. 
 I. Right of Action. 
 II. Froceedln^B. 
 
 I. Right of Action. 
 
 Reformation of instruments. 
 
 assignments may be reformed. 65, 504. 
 bills of sale may ue reformed. 65, 505. 
 bonds, reformation of. 65, 505. 
 deeds, instances of reformation of. 65, 
 
 507-511. 
 fraud as a ground for. 65, 497-501. 
 grounds for. 65, 484. 
 married women, reformation of contracts 
 
 of. 65, 511-513. 
 mistake in the use of language as a 
 
 ground for. 65, 488-491. 
 mistake of fact which will justify. 65, 
 
 490. 
 mistake of law as a ground for. 65, 487. 
 
 488. 
 of contracts. 65, 505-507. 
 of contracts, after election of remedy. 1, 
 
 628, 629. 
 of contracts for mistake. 55, 512. 
 of deeds for mistake of law. 55, 514, 515. 
 of deeds for taxes. 65, 514. 
 of deeds of gift. 65, 514. 
 of deeds of married women. 5, 531. 
 of deeds of sheriffs. 65, 514. 
 of deed or encumbrance as against home- 
 stead claimants. 77, 804-806. 
 of deeds or other writings affecting the 
 
 title to real property. 65, 506, 507. 
 of guaranty contracts. 65, 521. 
 of insurance policies. 65, 514-517. 
 of leases. 65, 520. 
 
 Reformation of instruments — Continued. 
 of mortgages. 65, 517-519. 
 of negotiable instruments. 65, 519, 520. 
 of releases. 65, 520. 
 of sealed writings. 65, 520. 
 of suretyship contracts. 65, 521. 
 of voluntary conveyances. 65, 514, 520 
 of wills. 65, 521, 522. 
 of wills in equity. 50, 283. 
 pleading in suits for. 65, 496, 497. 
 statute of frauds does not prevent 65 
 
 501, 502. 
 
 II. Proceedings. 
 
 Reformation of contracts. 
 
 against whom may be decreed. 65, 503. 
 against whom may not be decreed. 65 
 
 502, 504. 
 
 courts of law have no iurisdietion over 
 
 65, 481. 
 evidence, parol is admissible to sustain 
 
 suit for. 65, 491, 492. 
 evidence to establish mistake must be 
 
 clear and satisfactory. 65, 492. 
 judgment directing, effect of. 65, 502. 
 jurisdiction of, is vested in courts of 
 
 equity. 65, 481-486. 
 laches does not preclude. 65, 504. 
 
 REFRESHING MEMORY. 
 
 by stenographer's notes. 81, 364-366. 
 
 REGISTRATION. 
 
 equitable mortgages within the acts of. 
 4, 706, 707. 
 
 filing papers for. 15, 296. 
 
 of voters, irregularities in, effect on elec- 
 tion. 90, 57-60. 
 
 REINSURANCE. 
 
 contracts of. 45, 442-451. 
 See Insurance. 
 
 RELATIONSHIP. 
 
 contract for benefit of third person, effect 
 
 upon, of. 71, 203, 204. 
 effect of, in contracts for benefit of third 
 
 person. 1, 203-205. 
 effect of, on competency of juror. 9, 753- 
 
 758. 
 
 Release. 
 
 RELEASE. 
 
 as barring right to sue for death of 
 human being. 70, 683, 685. 
 
 avoiding, on ground that parties did not 
 understand instrument. 32, 385-387. 
 
 burden of proving fairness of release of 
 equity of redemption. 55, 110. 
 
 by insured not destroy right to subroga- 
 tion. 44, 736-738. 
 
 claims of which releasor was ignorant, 
 whether released thereby. 55, 510. 
 
 discovery of, after judgment, as ground 
 for relief from judgment. 54, 228. 
 
 discovery of, after judgment, as ground 
 for relief in equity. 53, 450. 
 
 discovery of, as ground for equitable re- 
 lief from judgment. 54, 228, 229. 
 
Keligion 
 
 INDEX-DIGEST TO NOTES. 
 
 220 
 
 Release — Continued. 
 
 eifect of release to or satisfaetiofi accepted 
 from one of several wrong doers. 11, 
 906-909. 
 
 from creditors cannot be required by as- 
 signor for benefit of creditors. 58, 85, 
 86. 
 
 made by infants. 18, 618, 619. 
 
 of attorney's lien. 51, 271. 
 
 of claim for personal injuries given by 
 person still suffering therefrom. 55, 
 510, 511. 
 
 of covenants restricting use of land. 21 
 495. 
 
 of debt, promise to pay after, considera- 
 tion for. 39, 736-739. 
 
 of equity of redemption by contract be 
 tween mortgagor and mortgagee. 55 
 100-111. 
 
 of guardian by ward. 89, 303. 
 
 of mortgage, forgery of. 8, 467. 
 
 of security discharges surety on appeal 
 bond. 38, 712. 
 
 of soldier, contract of attorney to procure. 
 13, 298. 
 
 of stockholders from liability on sub- 
 scription. 3, 821-823. 
 
 of sureties by a change in the duties or 
 obligation of principal. 6, 458-460. 
 
 on habeas corpus, after judgment and sen- 
 tence. 87, 167-203. 
 
 ratification of release improperly obtained. 
 55, 509. ' 
 
 reformation of. 65, 520. 
 
 rescission of, return of consideration, 
 whether necessary. 55, 510. 
 
 KELIGION. 
 
 domination of, in making wills. 63, 92, 
 93. 
 
 KELIGIOUS SOCIETIES. 
 
 charitable trusts for. 63, 264. 
 charitable trusts for the benefit of a 
 
 church. 64, 764. 
 charitable trusts for support of public 
 
 worship. 63, 264. 
 ecclesiastical questions, courts do not 
 
 assume jurisdiction over. 68, 864. 
 grant of land for religious purposes 
 
 whether creates condition subsequent. 
 
 79, 755. 
 laws applicable to. 68, 864-868. 
 membership in, not disqualify one to act 
 
 as juror. 9, 758. 
 members of, libel of. 15, 348. 
 pastor of, remedies by and against. 68, 
 
 867, 868. 
 redress in courts against proceedings in 
 
 churches. 18, 301, 302. 
 relief in equity from decrees of ecclesias- 
 tical courts. 54, 220. 
 trustees of, injunction against. 68, 868. 
 trusts upon which property of is held 
 
 and jurisdiction of equity to enforce. 
 
 68, 866, 867. 
 
 RELOCATION. 
 
 of mining claim by one cotenant. 91, 858- 
 861. 
 
 BEM. 
 
 interpleader not a proceeding in. 91, 596, 
 597. 
 
 proceedings in, against foreign corpora- 
 tions. 85, 924. 
 
 proceedings in, service of process in. 53, 
 180. 
 
 BEMAINDEBS. 
 
 contingent, alienation of. 17, 840. 
 
 contingent, conveyance by life tenant. 17, 
 840. 
 
 contingent, destruction of. 17, 839, 840. 
 
 contingent, forfeiture of. 17, 840-842. 
 
 contingent, may be sold. 56, 341. 
 
 conveyance of, to person not in being. 
 84, 239, 240. 
 
 partition of remainder interest in land. 
 32, 778-780. 
 
 partition, remainderman, whether entitled 
 to maintain. 32, 780-782. 
 
 redemption from foreclosure sale by re- 
 mainderman. 21, 248. 
 
 release of, by tenant in possession. 56, 
 341. 
 
 rights of remaindermen. 14, 628-639. 
 
 vested, are not expectancies. 56, 340. 
 
 vested, may be assigned. 56, 340. 
 
 which are not expectancies. 56, 340, 341. 
 
 REMEDIES. 
 
 against receivers. 71, 357. 
 
 amendments to pleadings as affecting. 51, 
 434, 435. 
 
 election of. 1, 626-628. 
 
 for assignment of dower. 39, 33. 
 
 for enforcement of personal liability of 
 stockholders. 37, 171-175. 
 
 for illegal commitment as insane. 43, 540. 
 
 for the recovery of contribution from co- 
 surety. 10, 645-647. 
 
 for violating right to lateral support. 33, 
 471-476. 
 
 inconsistent, election between. 10, 487- 
 494. 
 
 of holder of collateral securities. 32, 
 725-731. 
 
 of owner of goods sold by another. 3, 205. 
 
 of partners against each other after dis- 
 solution. 40, 574-576. 
 
 of purchaser where no title vests in him. 
 3, 204, 205, 
 
 of reversioner and remainderman. 14, 
 628. 
 
 REMOTE CAUSE. 
 
 doctrine of. 36, 807-861. 
 
 RENEWAL. 
 
 of lease, right to, whether within rule 
 against perpetuities. 49, 134. 
 
 of notes. See Bills and Notes. 
 
 of promissory notes by partners after dis- 
 solution. 40, 565. 
 
 RENT. 
 
 acceptance of, as waiver of forfeiture of 
 
 lease. 47, 198, 199. 
 accounting for, between cotenants. 35, 
 
 418: 52. flP.VQQT 
 
221 
 
 INDEX-DIGEST TO NOTES. 
 
 Replevin 
 
 Bent — Continued. 
 
 assignment of, as equitable mortgage. 4, 
 
 702. 
 claim for, when a preference over railroad 
 
 mortgage. 54, 417, 418. 
 eotenant when liable for. 52, 927-929. 
 liability of infant for. 18, 589-592. 
 liability of mortgagee to account for. 4, 
 
 70, 71. 
 mortgagee's rights to. 27, 793, 794. 
 of property before assignment of dower. 
 
 39, 38, 39. 
 receivers of, when proper. 72, 92, 93. 
 secured by appeal bond. 38, 717. 
 secured by lien on crop. 14, 166. 
 
 REORGANIZATION. 
 
 of corporation, how differs from consoli- 
 dation. 89, 609, 610. 
 
 of corporation, liability for debts of pre- 
 ceding corporation. 59, 547-560. 
 
 of state banks as national. 59, 553. 
 
 REPAIRS. 
 
 after accident not evidence of negligence. 
 
 18, 307-310. 
 eotenant's liability for. 50, 746; 52, 934. 
 covenants for, whether run with the land. 
 
 82, 681. 
 duty of mortgagee to make. 4, 69, 70. 
 guardian may make. 89, 313. 
 
 of party-walls. 89, 933-935. 
 
 REPEAL. 
 
 of corporate by-laws. 43, 157, 158. 
 of corporate charter, effect. 7, 721-725. 
 of statutes by implication. 88, 271-297. 
 statutes, revival of, as ex post facto law. 
 37, 586. 
 
 REPLEVIN. 
 I. Right of Action and Defenses. 
 II. Parties. 
 III. Pleadings. 
 IV. Damagres. 
 
 I. Risbt of Aetlon and Defenses. 
 
 Replevin. 
 
 action of, whether local or transitory. 22, 
 
 24. 
 against infants. 80, 752. 
 against married women. 80, 751. 
 against officer. 25, 256-259. 
 against officer of United States in state 
 
 courts. 25, 259. 
 against whom action of is sustainable. 
 
 80, 751-756. 
 assignee for the benefit of creditors may 
 
 sue in. 80, 747. 
 assignment by plaintiff pending the suit. 
 
 80, 746. 
 bailee of property may maintain action 
 
 of. 80, 747. 
 between husband and wife. 73, 278. 
 claim and delivery, action of has generally 
 
 been substituted for. 80, 744. 
 
 Replevin — Continued. 
 
 demand of possession, when essential to 
 
 action of. 80, 753-756. 
 detention of property which will sustain 
 
 action of. 80, 753. 
 detention, wrongful, will support action 
 
 of, though the original taking was right- 
 ful. 80, 742. 
 estoppel as a defense in. 27, 346. 
 for chattels fraudulently purchased. 80, 
 
 764-766. 
 for goods attached under process not 
 
 against owner. 25, 257. 
 for goods of stranger. 25, 256, 257. 
 for property seized or sold under execu- 
 tion. 80, 751, 754, 755, 759. 
 gist of the action of is an unlawful deten- 
 tion at the commencement of the suit. 
 
 80, 743. 
 immediate possession of property, when 
 
 may be obtained in actions of. 80, 744. 
 mortgagees, when subject to action of. 80, 
 
 757. 
 of dogs. 67, 291-293. 
 officers acting under writs of execution or 
 
 attachment, when subject to. 80, 751, 
 
 754, 755, 759, 760. 
 possession of the defendant, actual or con- 
 structive, is essential to. 80, 744-746. 
 possession, plaintiff must be entitled to 
 
 at the commencement of the action. 80, 
 
 745. 
 promissory notes and other writings, when 
 
 may be recovered in action of. 80, 756, 
 
 757. 
 property when may be recovered in action 
 
 of. 80, 756-766. 
 real property, articles severed from may 
 
 be recovered in action of. 80, 758. 
 remedy by, at the common law. 80, 742. 
 states in which remedy by, is abolished. 
 
 80, 742. 
 title is not necessarily determined by 
 
 judgment in. 80, 743, 752. 
 title of the plaintiff, what sufficient. 80, 
 
 746. 
 to protect mortgagee's rights. 43, 435. 
 to recover coffin containing dead body. 
 
 75, 426. 
 tortious taking which will sustain action 
 
 of. 80, 753. 
 trees, when recoverable in actions of. 
 
 80, 759. 
 what necessary to support action of at 
 
 the common law. 80, 742. 
 who may maintain action of. 80, 746- 
 
 751. 
 
 II. Parties. 
 
 by foreign receiver. 8, 52. 
 
 eotenant cannot maintain action of with- 
 out joining his eotenant. 80, 751. 
 
 parties defendant in action of. 80, 751, 
 752. 
 
 parties plaintiff. 80, 746-751. 
 
 III. Pleadings. 
 
 amendments to pleadings in. 51, 430. 
 complaint in action ^f, what must allege. 
 
 80, 766. 
 pleading in. 80, 766, 767. 
 
Kepublieation 
 
 INDEX-DIGEST TO NOTES. 
 
 222 
 
 IV. Damagres. 
 
 against oflScer, measure of damages. 25, 
 258. 
 
 KEPUBLICATION. 
 
 of revoked wills. 76, 249-262. 
 
 REPUTATION. 
 
 as evidence of partnership. 22, 761, 762. 
 damages to. 26, 163. 
 evidence of, in libel. 15, 342. 
 of plaintiff in action for malicious prose- 
 cution, evidence of. 26, 156, 158, 159. 
 
 REQUISITION. 
 
 arrest of fugitive from justice before. 46, 
 415. 
 
 RESALE. 
 
 by trustees. 19, 291. 
 
 RESCISSION. 
 
 of agreement to marry as a defense to 
 
 breach of promise. 40, 175. 
 of contract by principal where agent acts 
 
 for both parties. 7, 280-283. 
 of contract for benefit of third person. 
 
 39, 535; 71, 198. 
 of contract for duress. 43, 889-892. 
 of contracts of partnership. 69, 420. 
 of promise of marriage, grounds for. 44, 
 
 381-384. 
 of release, whether return of consideration 
 
 is necessary. 55, 510. 
 of sales for fraud in purchase on credit. 
 
 18, 362-365. 
 suit for, is precluded by suit on contract. 
 
 10, 490. 
 
 RESIDENCE. 
 
 See Domicile, 
 what and where is, and how lost and 
 changed. 48, 711-717. 
 
 RESIGNATION. 
 
 from public office. 36, 524-527. 
 
 RESISTING ARREST. 
 
 right of citizen. 84, 697-703. 
 
 RES JUDICATA. 
 
 decisions of voluntary associations as. 
 
 59, 204, 205. 
 instances of. 15, 142, 143. 
 instances of what is and what is not. 14, 
 
 250-252. 
 judgment of nonsuit as. 49, 831-833. 
 pleading of. 15, 143. 
 proof of. 44, 562-572. 
 
 See Judgment, 
 what is and what is not. 8, 229-231. 
 
 RESPONDEAT SUPERIOR. 
 
 doctrine of, not qpply to independent con- 
 tractor. 76, 395, 396. 
 when rule of, applies. 22, 459. 
 
 RESTITUTION. 
 
 of persons dispossessed under a judgment 
 
 afterward set aside. 17, 264-266. 
 writ of, service of. 15, 56-61. 
 
 RESTRAINTS UPON ALIENATION. 
 as part of rule against perpetuities. 49, 
 
 123, 124. 
 difference between, and rule against per- 
 petuities. 73, 432. 
 invalid restraints. 49, 126. 
 not affect rule in Shelley's Case. 11, 104. 
 of beneficial interest in trust. 9, 406. 
 of corporate stock, when void. 57, 382. 
 upon trustee's power to sell. 19, 278. 
 
 RESTRAINT OP TRADE. 
 
 contracts in, creating monopolies. 74, 
 
 235-273. 
 corporate by-laws in. 43, 153, 154. 
 injunction against breach of contract in. 
 
 90, 637-640. 
 
 RESULTING TRUSTS, 
 when they arise. 9, 530. 
 
 RETRACTION. 
 
 of libel. 15, 341. 
 
 of libel, effect on damages. 15, 341. 
 
 RETREAT. 
 
 duty of, in self-defense. 74, 276-730. 
 
 RETURN. 
 
 in attachment, sufficiency of. 20, 808, 
 
 809. 
 of elections, irregularities in which will 
 
 avoid an election. 90, 89-92. 
 of office, contradiction of. 23, 117. 
 
 REVENUE. 
 
 of municipality, legislative control over. 
 35, 534-536. 
 
 taxation of public property for. 33, 400, 
 401. 
 
 REVERSIONS. 
 Reversions. 
 
 action by reversioners and remaindermen. 
 14, 629, 632. 
 
 adverse possession against reversioners 
 and remaindermen. 14, 636-638. 
 
 conveyances by reversioners and remain- 
 dermen. 14, 636. 
 
 ejectment, not maintainable by rever- 
 sioner. 14, 629. 
 
 encumbrances, reversioner contributing to 
 payment of. 14, 634. 
 
 estovers, reversioner must submit to ten- 
 ant's right of. 14, 631. 
 
 forfeiture may be waived by reversioner. 
 14, 629. 
 
 injuries to inheritance, what are. 14, 630, 
 631. 
 
 laches of reversioner for failure to sue ad- 
 verse holder. 14, 636. 
 
 nuisances, action by reversioner for abate- 
 ment of. 14, 630, 631. 
 
223 
 
 INDEX-DIGEST TO NOTES. 
 
 Rupture 
 
 Reversions — Continued. 
 
 partition of reversion interest in land. 
 32, 778-780. 
 
 partition, reversioner, whether entitled to 
 maintain. 32, 780-782. 
 
 personal property, right of reversioner to 
 prevent use of. 14, 628, 629. 
 
 possession, reversioner no right to. 14, 
 628. 
 
 release of, by tenant in possession. 56, 
 341. 
 
 rights and remedies of reversioner. 14, 
 628. 
 
 rights of reversioners and remaindermen. 
 14, 628-639. 
 
 statute of limitations running against re- 
 versioners. 14, 634, 635. 
 
 tenant has no authority to represent or 
 act for reversioner. 14, 632. 
 
 tenant must surrender possession to re- 
 versioner. 14, 638. 
 
 waste, reversioner's action for. 14, 632. " 
 
 which are not expectancies. 56, 340, 341. 
 
 REVERTER. 
 
 possibility of, whether violates rule 
 against perpetuities. 49, 134-136. 
 
 REVIVAL. 
 
 of forfeited insurance by discontinuance 
 
 of cause of forfeiture. 80, 305-311. 
 of mortgages when satisfied by mistake. 
 
 5, 703-708. 
 of repealed statutes, as ex post facto law. 
 
 37, 586. 
 of revoked wills. 28, 354-356. 
 of suit once dismissed, effect on lis 
 
 pendens. 56, 874. 
 
 REVOCATION. 
 
 of broker's authority, effect on right to 
 
 commission. 28, 548. 
 of deeds of trust. 20, 858-864. 
 of married woman's power of attorney. 
 
 84, 771. 
 of parol licenses. 31, 714-717. 
 of voluntary trust. 34, 217-219. 
 of wills. 28, 344-362 ; 48, 198-202. 
 
 REWARD. 
 
 given to members of posse comitatus. 44, 
 140. 
 
 RIGHT. 
 turning to, on highways. 48, 368-372. 
 
 RIGHT OF PRIVACY. 
 
 when and how enforced. 89, 844-853. 
 
 RIOT. 
 
 causing delay in transportation of goods, 
 effect of. 11, 365, 366. 
 
 RIPARIAN OWNER. 
 
 accretion, right to, of. 35, 308-310. 
 ice, right to on navigable stream. 19, 
 
 235. 
 liability for diverting water. 81, 494. 
 
 Riparian oimer — Continued. 
 
 rights against water companies. 81, 484, 
 
 485. 
 rights in navigable streams, and in the 
 
 lands under such streams. 19, 226-235. 
 right to ice on ponds. 1, 352. 
 title to land on navigable stream. 22, 
 
 201. 
 
 RIPARIAN RIGHTS. 
 
 injury to, as an element of damage in 
 condemnation proceedings. 85, 301. 
 
 taking right of access to stream for pub- 
 lic use. 16, 614, 615. 
 
 RISKS. 
 
 assumed by charterer after vessel reaches 
 place of discharge. 30, 640. 
 
 assumed by persons using freight eleva- 
 tors for passengers. 56, 810. 
 
 assumed by persons who live near ex- 
 plosives. 67, 137. 
 
 assumed by servant. 2, 279 ; 24, 320-322. 
 See Master and Servant. 
 
 assumption of, by employes in mines. 87, 
 573-584. 
 
 fire insurance, increase of, what is. 66, 
 691-702. 
 
 in making wagers essential. 37, 698. 
 
 knowledge of master concerning, how far 
 servant may rely on. 24, 320-323. 
 
 of buyers. 75, 77-79. 
 
 of carriage on shipment of goods. 26, 
 451-453. 
 
 of reinsurance, when begins. 45, 445. 
 
 RIVERS. 
 
 crimes committed on, place where commit- 
 ted. 44, 84. 
 
 ice on, right to travel on. 1, 352. 
 
 prescriptive right to. 76, 485. 
 
 state regulation of improvements in. 27, 
 555. 
 
 ROAD. 
 
 law of the. 48, 366-381. 
 
 ROBBERY. 
 
 homicide committed in perpetration of, is 
 
 murder. 90, 579, 580. 
 married women, liability of, for. 33, 91- 
 
 93. 
 
 ROLLING STOCK. 
 
 claim for, when a preference over railroa4 
 mortgage. 54, 416, 417. 
 
 RULE AGAINST PERPETUITIES. 
 
 See Perpetuities, 
 what is. 49, 117-138. 
 
 RULES. 
 
 of court, enactment and effect of. 41, 639- 
 
 645. 
 of telephone companies. 10, 130. 
 of voluntary associations. 7, 163-168. 
 
 RUPTURE. 
 
 causing death, whether accidental. 8, 764. 
 
Safe Deposit Companies 
 
 INDEX-DIGEST TO NOTES. 
 
 224 
 
 SATE DEPOSIT COMPANIES. 
 
 are bailees for hire. 72, 206. 
 
 care wliich must exercise. 72, 206. 
 
 duty of to resist unfounded claims of 
 
 third persons to property in custody of. 
 
 72, 206, 207. 
 
 SAILORS. 
 
 nuncupative wills made by. 67, 577-579. 
 
 SALES. 
 I. Sales Generally. 
 II. Rescission of Contract. 
 
 III. Performance of Contract. 
 
 IV. Operation and EfEect. 
 V. 'Warranties. 
 
 in. Remedies of Seller. 
 Vn. Remedies of Bayer. 
 VIII. Conditional Sales. 
 
 I. Sales Generally. 
 
 Sales. 
 
 broker purchasing for principal. 3, 204. 
 by partners after dissolution. 40, 563, 
 
 564. 
 by receivers. 71, 381. 
 by trustees. 19, 266-297. 
 contract, when entire. 59, 291-293. 
 distinguished from bailment. 2, 711-713. 
 for illegal purpose, effect of. 32, 452- 
 
 455. 
 having in view the subsequent violation of 
 
 foreign or domestic law. 32, 450-456. 
 illegal sale of intoxicating liquors. 12, 
 
 353, 354. 
 invalid where made, not enforced else- 
 where. 32, 450. 
 merger of contract of sale in deed. 16, 
 
 622-624. 
 no distinction between government sale 
 
 and private sales. 3, 197. 
 of accounts to be made. 81, 46. 
 of chattels which the vendor does not own. 
 
 81, 45. 
 of collateral security by holder. 32, 730, 
 
 731. 
 of corporate franchises. 35, 397, 398. 
 of crops grown or to be grown, when 
 
 valid. 81, 44. 
 of fish to be caught. 81, 46. 
 of fruits to be produced by an existing 
 
 orchard. 81, 44. 
 of future wages. 81, 46. 
 of goods in potential existence, effect of 
 
 in equity. 81, 45. 
 of goods to be afterward manufactured. 
 
 81, 45. 
 of milk and butter to be produced in the 
 
 future. 81, 43. 
 of personal property made by infant. 18, 
 
 595, 590. 
 of property to be smuggled into another 
 
 country, validity of. 32, 451. 
 of property to be used by public enemy, 
 
 validity of. 35, 453. 
 of property to bo used in gambling-house. 
 
 validity of.' 32, 453. 
 of property to be used in houses of prosti- 
 tution, validity of. 32, 452. 
 
 Sales — Con tinned. 
 
 of property to come into existence, when 
 valid. 81, 42. 
 
 of things having no potential existence. 
 81, 46. 
 
 of unborn progeny of animals. 81, 43. 
 
 parol evidence to show change in contract. 
 56, 669. 
 
 place of contract. 55, 49. 
 
 purchase at judicial sales. 3, 203, 204. 
 
 purchase from agents and factors. 3, 201, 
 202. 
 
 purchase from bailees for special purpose. 
 3, 202. 
 
 purchase from fraudulent vendee. 3, 202, 
 203. 
 
 purchase from merchant engaged in simi- 
 lar business. 3, 202. 
 
 purchase of cargo from master of ship. 
 3, 204. 
 
 sale and consignment, difference between. 
 45, 206. 
 
 sales by executors, administrators and 
 trustees. 3, 204. 
 
 sale by prize court without jurisdiction. 
 3, 204. 
 
 sales in market overt. 3, 197. 
 
 sale of goods lost or stolen or obtained by 
 finding. 3, 197. 
 
 sale of personal property for future de- 
 livery. 1, 752-766. 
 
 sale of property to corporation by pro- 
 moters. 17, 165-167. 
 
 sale or return, contracts of. 45, 210. 
 
 seller, when participates in unlawful in- 
 tent of buyer. 32, 452-454. 
 
 when a device to conceal usury. 46, 182. 
 
 11. Rescission of Contract. 
 
 for false representation. 18, 362, 363. 
 for fraud, burden of proof in. 18, 364. 
 for fraud, evidence required. 18, 364, 365. 
 for fraud in purchase on credit. 18, 362- 
 365. 
 
 Ill, Performance of Contract. 
 
 Bill of sale. 
 
 reformation of bills of sale. 65, 505. 
 
 Delivery of goods. 
 
 delivery of vendor of a part only. 83, 
 452. 
 
 delivery to carrier, when delivery to ven- 
 dee. 26, 451, 452. 
 
 delivery, when essential to sale. 22, 866, 
 867. 
 
 loss during transportation, effect of. 26, 
 451. 
 
 risk of carriage, effect of delivery of bill 
 of lading to vendee. 26, 452, 453. 
 
 risk of carriage, when directions to car- 
 rier are so imperfect that he cannot 
 deliver. 26, 453. 
 
 risk of carriage, when goods shipped by 
 direction of purchaser. 26, 451, 452. 
 
 risk of carriage, when seller is to deliver 
 and takes bill ofi lading in his own 
 name. 26, 453. 
 
 sufficient delivery of possession. 15, 694, 
 695. 
 
225 
 
 INDEX-DIGEST TO NOTES. 
 
 Sales 
 
 Payment of price. 
 
 payment not essential to sale. 22, 866. 
 payment of price, who must bear loss 
 where failure in. 22, 866-868. 
 
 IV. Operation and E^ffect. 
 
 Operation and effect generally. 
 
 as constituting conversion. 24, 797. 
 bona fide purchaser under vendee, when 
 
 conditional sale. 3, 198, 199. 
 innocent purchaser of property changed in 
 
 form, from one not the owner. 44, 447, 
 
 448. 
 misrepresentation by seller, when liable to 
 
 third person injured. 85, 375. 
 pledge of goods by qualified owner. 3, 
 
 204. 
 presumptions as to transfer of title. 3, 
 
 206. 
 purchaser's remedy, where no title vests 
 
 in him. 3, 204, 209. 
 title, when passes. 22, 866; 83, 453. 
 where the character of property stolen is 
 changed or enhanced in value. 3, 197, 
 
 198. 
 who bears loss where property sold is not 
 
 paid for. 22, 866-868. 
 
 Buyer's rish. 
 
 defective cars, when included in buyer's 
 
 risk. 75, 79. 
 defective packing, whether buyer assumed. 
 
 75, 79. 
 meaning of term "buyer's risk." 75, 78, 
 
 79. 
 risk follows title. 75, 77. 
 risk in buyer, whether title in him or not. 
 
 75, 77, 78. 
 seller's risk, meaning of term. 75, 78. 
 
 Purchase from one without title. 
 
 acts and declarations of one in possession. 
 
 3, 206. 
 burden of proof as to sale by one without 
 
 title. 3, 205. 
 evidence as to sale without title. 3, 205, 
 
 206. 
 owner of chattel cannot be devested of 
 
 title without his consent. 3, 196. 
 owner's remedies whose property has been 
 
 improperly sold. 3, 205. 
 possession only prima facie evidence of 
 
 title. 3, 196, 197. 
 purchase from one without title. 3, 195- 
 
 206. 
 purchase from one without title, of bills 
 
 of lading. 3, 200. 
 purchase from one without title, of cash 
 
 and bank bills. 3, 199. 
 purchase from one without title, of nego- 
 tiable paper purchased in good faith. 
 
 3, 200. 
 purchase from one without title, of note 
 
 transferable by delivery. 3, 200. 
 purchase from one without title, of stolen 
 
 bank bills. 3, 199. 
 purchase from one without title, of stolen 
 
 government bonds. 3, 200. 
 purchase from one without title, of stolen 
 
 stock certificate. 3, 200. 
 Index-Digest — 15 
 
 Purchase from one loithout title — Continued. 
 
 purchase from one without title, of ware- 
 house receipts. 3, 200. 
 
 purchase from one without title, sale for 
 cash, vendee in possession without pay- 
 ment. 3, 200. 
 
 purchase from one without title, where 
 apparent ownership is in another. 3, 
 201, 202. 
 
 purchase from one without title, where 
 title or right to reclaim reserved. 3, 
 200, 201. 
 
 v. 'Warranties. 
 
 consignment of goods for sale vests title 
 when. 45, 203-210. 
 
 made by infant. 18, 596. 
 
 parol evidence to show warranty outside 
 of contract. 5, 197-199. 
 
 warranty of quality not waived by accept- 
 ance. 37, 539. 
 
 VI. Remedies of Seller. 
 
 Damages. 
 
 damages for loss of sale by failure to send 
 
 telegram. 10, 782, 783. 
 destruction of property, right to recover 
 price. 22, 867, 868. 
 
 Lien of vendor. 
 
 lien of vendor, agreement expressly cre- 
 ating. 83, 455. 
 
 lien of vendor, definition of. 83, 452. 
 
 lien of vendor, delivery of goods to a com- 
 mon carrier does not waive or destroy. 
 83, 458. 
 
 lien of vendor, delivery of possession does 
 not destroy as between the parties. 83, 
 453. 
 
 lien of vendor, delivery, what sufficient to 
 destroy. 83; 456-458. 
 
 lien of vendor is not a right of rescission. 
 83, 452. 
 
 lien of vendor, payment which will devest. 
 83, 456. 
 
 lien of vendor, possession sufficient to re- 
 tain. 83, 453, 459. 
 
 lien of vendor, statutes conferring. 83, 
 455. 
 
 lien of vendor, waiver of by giving other 
 securities. 83, 456. 
 
 lien of vendor, waiver of, express or im- 
 plied. 83, 456. 
 
 Stoppage in transitu. 
 
 stoppage in transitu, how exercised. 1, 
 312-314. 
 
 stoppage in transitu, how long right con- 
 tinues. 1, 312. 
 
 stoppage in transitu, notice to carrier. 
 1, 313. 
 
 VII. Remedies of Bayer. 
 
 remedy of buyer where no title vests in 
 him. 3, 204, 205. 
 
 VIII. Conditional Sales. 
 
 Conditional sales. 
 
 as equitable mortgage. 4, 699, 700. 
 conditional sale or mortgage. 1, 63, 64. 
 
Sales en Masse 
 
 INDEX-DIGEST TO NOTES. 
 
 226 
 
 Conditional sales — Oontiimed. 
 
 diflference between and absolute. 4B, 295. 
 
 form of. 1, 63, 64. 
 
 instances of. 46, 295-297. 
 
 loss of property after sale, who must bear. 
 
 22, 867. 
 purchase from vendee under conditional 
 
 sale. 3, 198, 199. 
 tests of. 1, 64; 46, 295. 
 what constitute. 46, 295-298. 
 
 SALES EN MASSE. 
 
 of mortgaged property. 16, 502. 
 
 sai.es okt credit. 
 
 assigimient for benefit of creditors au- 
 thorizing. 58, 76-78. 
 
 SATISFACTION. 
 
 accepted from one of several wrongdoers. 
 
 11, 906-909. 
 of judgment, appeal after. 45, 271-274. 
 
 Pupils and disoipUne of schools — Continued. 
 pupils, immoral character, may be ex- 
 cluded for. 65, 339. 
 rules for noncompliance with which pupils 
 
 may be suspended or expelled. 65, 333, 
 
 334. 
 rules respecting pupils, when reasonable 
 
 and lawful. 65, 336, 337. 
 suspension of pupils, power of teachers to 
 
 direct. 65, 331-333. 
 suspension or expulsion of pupils, for 
 
 what causes may be enforced. 65, 335. 
 teachers, power of to suspend pupils. 65, 
 
 331. 
 vaccination of children attending, when 
 
 may be required. 65, 338. 
 vaccination of pupils. 47, 546, 547. 
 
 SCHOOL LANDS, 
 adverse possession of. 76, 486. 
 
 SCHOOL TEACHERS. 
 
 whether are laborers. 58, 308. 
 
 SCALPING. 
 
 of tickets as a crime. 78, 266, 267. 
 
 SCHOOLS. 
 I. Private Scbools. 
 II. Public Schools. 
 
 I. Private Schools. 
 
 charitable trusts for. 63, 258, 261. 
 
 constitutional provisions as to public sup- 
 port of sectarian schools, when self-exe- 
 cuting. 8, 415-417. 
 
 constitutional provisions as to support of 
 sectarian schools. 8, 414, 415. 
 
 prohibiting public support of sectarian 
 schools. 8, 414-417. 
 
 Roman Catholic institutions are not com- 
 mon schools. 8, 412. 
 
 sectarian schools. 8, 411-417. 
 
 sectarian school, what constitutes. 8, 411- 
 414. 
 
 taxation for private schools. 16, 370. 
 
 II. Public Schools. 
 
 Management. 
 
 municipal, liability for negligence in man- 
 agement of. 30, 398. 
 
 Pupils and discipline of schools. 
 
 boards of health, power of, to require vac- 
 cination of children. 80, 230, 231. 
 
 boards of trustees, powers of to formulate 
 rules and regulations. 65, 332-335. 
 
 causes for which children may be excluded 
 from public schools. 65, 330-339. 
 
 colored children, rights of in. 65, 335-337. 
 
 discipline, duty of teachers to maintain. 
 65, 330, 331. 
 
 fourteenth amendment as affecting. 25, 
 875. 
 
 nonattendance of pupils, right to exclude 
 for. 65, 334. 
 
 SCIENTER. 
 
 knowledge of vicious character of animal. 
 16, 632. 
 
 SCIRE FACIAS. 
 
 attacking judgments in. 23, 116. 
 to declare forfeiture of corporate charter. 
 8, 198. 
 
 SEALING. 
 
 of ballots and ballot-boxes, necessitv for. 
 11, 798, 799. 
 
 SEALS. 
 
 contracts under, made by infants. 18, 
 612, 613. 
 
 contract under, need not express the con- 
 sideration. 60, 432. 
 
 contracts under, of infant. 18, 612, 613. 
 
 contracts under, undisclosed principal not 
 sue on. 55, 918. 
 
 contract under, whether third person may 
 sue on. 71, 205. 
 
 definition of. 50, 156. 
 
 effect of. 50, 155. 
 
 mode of affixing. 50, 155. 
 
 of corporation. 50, 150-159. 
 
 of corporation as evidence. 64, 260-265. 
 
 of corporation, who may affix. 64. 264. 
 265. ' 
 
 of corporations. See Corporations. 
 
 on corporate contract, may determine 
 whether officers personally bound. 48, 
 
 on official bonds, omission of, not invali- 
 date bonds. 90, 195, 196. 
 
 reformation of sealed writings. 6:5, 520. 
 
 sealed and unsealed contracts, statutes 
 abolishing distinction between. 71, 205, 
 
 sealing of municipal bonds. 51, 853. 
 voluntary trust under, effect of. 34, 193- 
 195. 
 
227 
 
 INDEX-DIGEST TO NOTES. 
 
 Seduction 
 
 SEAMEN. 
 
 contract of, nature of. 31, 803, 804. 
 duties of ship owners toward. 1, 812-815. 
 duty of ship owner to furnish provisions 
 
 for. 1, 813. 
 duty of ship owner to sick or injured. 1, 
 
 813, 814. 
 duty of ship owner to, where ship is sailed 
 
 by master on shares. 1, 814, 815. 
 right to recover from ship owner for torts 
 
 of officers of ship. 31, 805-807. 
 See Shipping, 
 who are. 31, 805. 
 
 SEARCHES AND SEIZURES. 
 
 obliging one to produce evidence against 
 
 himself. 61, 353, 355. 
 searches and seizures for evidence or 
 
 articles to be used as, when justifiable. 
 
 61, 351-355. 
 
 SEARCHERS OF RECORDS. 
 
 liability of. 72, 315-319. 
 
 SECRECY. 
 
 in executing a will, effect of. 31, 684-686. 
 
 SECTARIAN SCHOOLS. 
 
 what are, and support of. 8, 411-417. 
 
 SECURITY. 
 
 against commission of misdemeanors. 90, 
 
 797-802. 
 given after trial against commission oi 
 
 misdemeanors. 90, 797-799. 
 pledged with bank, lien on. 4, 203. 
 
 SEDUCTION. 
 I. Civil I-lablllty. 
 II. Criminal Responsibility. 
 
 I. Civil lilablllty. 
 
 Seduction. 
 
 art, promises, or deception sufficient to 
 sustain woman's action for. 76, 666, 
 667. 
 
 by a married man. 76, 668. 
 
 civil action by parent for, consent on the 
 part of the woman is no defense to. 76, 
 661. 
 
 civil action by parent for may be sus- 
 tained by facts which would not sup- 
 port a criminal prosecution. 76, 661. 
 
 civil action by parent for, mere proof of 
 sexual intercourse and subsequent sick- 
 ness sustains. 76, 662. 
 
 civil action by parent for, previous want 
 of chastity of the daughter as miti- 
 gating damages. 76, 664, 665. 
 
 civil action by parent for, unchaste char- 
 acter of daughter no defense to. 76, 
 664. 
 
 civil action by parent for, was founded on 
 the loss of services. 76, 659-661. 
 
 civil action by parent for, willingness or 
 consent by daughter may be proved in 
 mitigation of damages. 76, 662, 663. 
 
 SeduoHon — Continued. 
 
 civil action for, by a woman, previous un- 
 chaste character is not essential to. 76, 
 668. 
 
 civil action for, by a woman, promise of 
 marriage is not necessary to support. 
 76, 668. 
 
 civil action for, by a woman seduced. 76, 
 666-668. 
 
 damages, loss of services is a minor ele- 
 ment in estimating. 76, 660. 
 
 definitions of. 76, 659, 665, 668, 670. 
 
 dying declarations not admissible in ac- 
 tions for. 86, 667, 668. 
 
 father's right of action for. 76, 659, 660. 
 
 moral obligation to pay for, as considera- 
 tion. 39, 741. 
 
 of ward, action by guardian for. 89, 280. 
 
 services, right to which will sustain fath- 
 er's action for. 76, 660. 
 
 statutes making the gist of the act the 
 seduction instead of the loss of services. 
 76, 661, 663. 
 
 II. Criminal /Responsibility. 
 
 Seduction. 
 
 as defined in the American statutes. 8, 
 870-872. 
 
 by minor. 8, 870. 
 
 character of prosecutrix, when an ele- 
 ment. 8, 870-872. 
 
 crime of, definition of. 76, 670. 
 
 crime of, definition of deception sufficient 
 to support prosecution for. 76, 670- 
 672. 
 
 crime of, intercourse by force does not 
 constitute. 76, 672. 
 
 crime of, intercourse for a consideration 
 does not constitute. 76, 672. 
 
 crime of, intercourse resulting from mu- 
 tual desire cannot constitute. 76, 672. 
 
 crime of, marriage, promise of, if the 
 woman becomes pregnant. 76, 675, 676. 
 
 crime of, marriage, promise of, married 
 man, whether and when may commit. 
 76, 676, 677. 
 
 crime of, marriage, promise of, may re- 
 late to a future time. 76, 675. 
 
 crime of, marriage, promise of, need not 
 be valid. 76, 675. 
 
 crime of, previous chaste character, bur- 
 den of proof respecting. 76, 681. 
 
 crime of, previous chaste character may 
 exist with great freedom of manners 
 and even with permitting undue famil- 
 iarities. 76, 679. 
 
 crime of, previous chaste character of the 
 woman is an essential element of. 76, 
 678-682. 
 
 crime of, previous chaste character, pre- 
 sumption of, sufficient to overcome. 76, 
 681. 
 
 crime of, previous chaste character, what 
 is. 76, 678, 679. 
 
 crime of, proofs and promises essential to. 
 76, 670, 671. 
 
 crime of, subsequent marriage of the par- 
 ties as a defense to prosecution for. 
 76, 677, 678. 
 deception or artifice, when essential. 8, 
 870. 
 
Seisin 
 
 INDEX-DIGEST TO NOTES. 
 
 228 
 
 Seduction — Continued. 
 
 definition under various statutes. 8, 870, 
 
 871. 
 evidence admissible in. 10, 356. 
 evidence of illicit intercourse. 8, 870, 871. 
 promise of marriage, when an element. 8, 
 
 870. 
 use of mails to accomplish. 58, 597. 
 
 SEISIN. 
 
 covenant of, whether runs with the land. 
 
 82, 684-686. 
 of ancestor, effect on inheritance. 12, 95. 
 
 SELF-DEFENSE. 
 
 in homicide, evidence of threats by de- 
 ceased to show. 89, 700, 701. 
 in murder. 10, 294. 
 
 law of. 74, 717-740. See Criminal Law. 
 plea of. 15, 262, 263. 
 
 SEU-DESTRUCTION. 
 
 as a defense to life insurance. 84, 539- 
 555. 
 
 SELF-INCRIMINATION. 
 
 by accused as witness. 38, 897, 898. 
 
 SEPARATION. 
 
 agreement of, between husband and wife. 
 
 12, 92. 
 agreements of, between husband and wife, 
 
 validity of. 83, 859-885. 
 
 SEPARATE ESTATE. 
 
 of wife, husband succeeding to. 12, 84. 
 of wife. See Husband and Wife. 
 
 SENTENCES. 
 
 criminal, validity of, when different from 
 those authorized by law. 55, 264-275. 
 
 SEQUESTRATION. 
 
 of profits of corporation on sale of fran- 
 chises. 35, 396. 
 
 SERVANT. 
 
 See Master and Servant. 
 
 SERVICE. 
 
 by publication may be authorized. 53, 
 180. 
 
 contract of, made by infant. 18, 619-626. 
 
 enticing one to leave, liability for. 11, 
 474-478. 
 
 jurisdiction over absent citizens acquired 
 by. 53, 179-191. 
 
 of process, exemption from. 76, 534-543. 
 
 of process, mode of, subject to state regu- 
 lation. 53, 179, 180. 
 
 of process on foreign corporations. 85, 
 926-938. 
 
 of process. See Process. 
 
 of writ of possession. 15, 56-61. 
 
 SERVITUDE. 
 
 additional, in highway, what are not. 51, 
 
 549-551. 
 additional, street railways are not. 47, 
 
 272, 273. 
 electric-car poles and wires on street not 
 
 an additional. 28, 235, 236. 
 perpetual, when created by covenant. 21, 
 
 484, 485. 
 use of streets by telegraph companies, 
 
 whether an additional. 28, 230-232. 
 
 SETOFF. 
 
 after insolvency. 47, 578-595. 
 
 agent's right of setoff against insolvent 
 principal. 47, 583, 584. 
 
 against agent, when enforced against un- 
 disclosed principal. 55, 921-923. 
 
 as ground for relief in equity from judg- 
 ment. 54, 256. 
 
 assignment of claim, defeat of setoff by. 
 47, 582. 
 
 assignee for benefit of creditors, rights 
 and liabilities of as to setoff. 47, 582, 
 583. 
 
 attorney's lien as setoff against judgment. 
 47, 584. 
 
 attorney's lien, whether subject to. 51, 
 268, 279. 
 
 banks, setoff against. 47, 585-587. 
 
 banks, setoff against national. 47, 591, 
 592. 
 
 banks, setoff in favor of. 47, 584, 585. 
 
 debts, joint and separate, whether setoff. 
 47, 590, 591. 
 
 demand due, whether must be. 47, 580- 
 582. 
 
 depositor's right of, after bank becomes 
 insolvent. 47, 142-144. 
 
 equitable setoff on ground of insolvency. 
 47, 578, 579. 
 
 exempt property, setoff not allowed 
 against claim for. 66, 385. 
 
 in excess of jurisdiction of court. 21, C21. 
 
 insolvency as affecting right of setoff. 47, 
 578-595. 
 
 insolvency as ground for equitable relief. 
 47, 579, 580. 
 
 insolvent banks, setoff in favor of and 
 against. 47, 584-587. 
 
 insolvent corporations, setoff in favor of 
 and against. 47, 587, 588. 
 
 insolvent executors and administrators, 
 setoff in favor of and against. 47, 588, 
 589. 
 
 insurance companies, setoff in favor of 
 and against. 47, 589, 590. 
 
 joint debts, whether setoff against sep- 
 arate debts. 47, 590, 591. 
 
 judgment, whether may be set off. 47, 
 590, 591. 
 
 landlord and tenant, setoff as between. 
 47, 591. 
 
 mortgage debts, setoff of. 47, 591. 
 
 national banks, setoff against. 47, 591, 
 592. 
 
 of debts due stockholder from corpora- 
 tion in suit to enforce stockholder's lia- 
 bility. 3, 826, 827, 871, 872. 
 
 partnership, setoff in favor of and against. 
 
 4.7 !^a9 
 
229 
 
 INDEX-DIGEST TO NOTES. 
 
 Sheriffs and Constables 
 
 Setoff — Continued. 
 
 principal and surety, setoff as between. 
 
 47, 592, 593. 
 promissory notes, setoff in favor of and 
 
 against the holders of. 47, 593, 594. 
 purchase of claim with knowledge of in- 
 solvency, effect on right of setoff. 47, 
 
 582. 
 railroad companies, setoff in favor of and 
 
 against. 47, 594. 
 receiver of insolvent, rights as to setoff. 
 
 47, 582, 583. 
 savings banks, setoff in favor of and 
 
 against. 47, 594, 595. 
 separate debts, whether setoff against 
 
 .ioint debts. 47, 590, 591. 
 sheriff's sale, void, purchaser at, setoff in 
 
 favor of. 47, 594. 
 trustees, setoff in favor of and against. 
 
 47, 595. 
 
 SEWEBS. 
 
 of municipal corporations, liability tor de- 
 fects in and want of repair of. 29, 737- 
 744. 
 
 SEXUAL INTEECOUESE. 
 
 refusal of, as cruelty. 65, 79. 
 
 SEXUAL ORGANS. 
 
 injuries to, as mayhem. 65, 773. 
 
 SHEEP. 
 
 killing dogs for worrying. 67, 295. 
 
 SHELLEY'S CASE. 
 
 rule in. 11, 100-107. 
 
 SHERIFFS AND CONSTABLES. 
 I. Powers and I/labllitles. 
 II. Official Bonds. 
 
 I. PoTFcrs and Iilal)lllties. 
 
 Lidbility. 
 
 trover committed by. 24, 797. 
 Posse coinitatus. 
 
 posse comitatus, power to summon. 44, 
 136, 137. 
 
 posse comitatus to assist sheriff. 44, 136- 
 140. 
 Indemnifying sheriffs. 
 
 indemnity bond not signed by principal is 
 binding on the sureties. 86, 557. 
 
 indemnity bonds, when void. 86, 557, 558. 
 
 indemnity, against what acts an officer 
 may require. 89, 417, 418. 
 
 indemnity, amount of. 89, 417. 
 
 indemnity in the enforcement of writs, 
 when may be required. 89, 418, 419. 
 
 indemnity, right to, difference between 
 American and English rule. 89, 415, 
 416. 
 
 indemnity, right to, under English prac- 
 tice. 89, 414, 415. 
 
 indemnity, right to, when and how de- 
 manded. 89, 416, 417. 
 
 Indemnifying sheriffs — Continued. 
 
 indemnity, right to, while engaged in the 
 
 execution of civil process. 89, 413-419. 
 indemnity, right to, while in execution of 
 
 civil process, right denied. 89, 413, 414. 
 indemnity to sheriffs. 86, 554-558. 
 indemnity to sheriffs against act already 
 
 committed is valid. 86, 556, 557. 
 indemnity to sheriffs under bonds de- 
 fectively executed. 86, 556. 
 indemnity to sheriffs, validity of. 86, 
 
 554-556. 
 liability of plaintiff to indemnify officer 
 
 for damages to him in enforcement of 
 
 civil process. 89, 448-450. 
 
 II. Official Bonds. 
 
 Liability on official honds. 
 
 acts done under process, liability of sure- 
 ties for. 91, 535-545.. 
 
 acts in excess of authority conferred by 
 process, liability of sureties for. 91, 
 541. 
 
 acts of deputies, liability of sureties for. 
 91, 550. 
 
 acts of sheriff as tax collector, liability 
 of sureties for. 91, 550, 551. 
 
 acts of sheriff as treasurer or trustee, lia- 
 bility of sureties for. 91, 551, 552. 
 
 arrest of person under irregular or void 
 process, liability of sureties for. 91, 
 536. 
 
 arrest of persons, when process is unneces- 
 sary, liability of sureties for. 91, 534, 
 535. 
 
 arrest of persons without process, liability 
 of sureties for. 91, 533-535. 
 
 arrest of stranger to writ, liability of 
 sureties for. 91, 540, 541. 
 
 bail, failure of sheriff to take, liability 
 of sureties for. 91, 549. 
 
 deposit of money to stay execution, sure- 
 ties not liable for. 91, 548. 
 
 escape of prisoner, liability of sureties for. 
 91, 543. 
 
 failure to collect fees, liability of sureties 
 for. 91, 532. 
 
 failure to execute writ, liability of sure- 
 ties for. 91, 531, 532. 
 
 improper release of person in custody, lia- 
 bility of sureties for. 91, 543, 544. 
 
 improper release of property in custody, 
 liability of sureties for. 91, 543, 544. 
 
 injury to person in custody, liability of 
 sureties for. 91, 542, 543. 
 
 injury to property in custody, liability of 
 sureties for. 91, 541, 542. 
 
 judgments against sheriff, when conclusive 
 against his indemnitors. 22, 206, 207. 
 
 liability of sureties. 91, 531-552. 
 
 liability on bond covering injur}' to pub- 
 lic only. 91, 535. 
 
 proceeds qf levy, liability of surety for. 
 91, 545-549. 
 
 proceeds of levy without process, liability 
 of sureties for. 91, 545. 
 
 proceeds of levy without process, where 
 officer acts as collecting agent, liability 
 of sureties. 91, 545, 546. 
 
Sheriff's Deeds 
 
 INDEX-DIGEST TO NOTES. 
 
 230 
 
 lAdbility on Official bonds — Continued. 
 
 proceeds received under levy of defunct 
 process, liability of sureties for. 91, 
 546. 
 
 proceeds received under levy of irregular 
 or void process, liability of sureties for. 
 91, 546. 
 
 proceeds received under valid levy, liabil- 
 ity of sureties for. 91, 546-548. 
 
 proceeds tendered to the owner, effect on 
 liability of sureties. 91, 547, 548. 
 
 property received by private arrangement 
 ■with debtor, sureties not liable for. 91, 
 548, 549. 
 
 property received instead of money to sat- 
 isfy debt, sureties not liable for. 91, 
 548. 
 
 return of process, failure to make, liabil- 
 ity of sureties for. 91, 544. 
 
 return of process, false, liability of sure- 
 ties for. 91, 545. 
 
 security, failure to take, liability of sure- 
 ties for. 91, 549, 550. 
 
 seizure of exempt property, liability of 
 sureties for. 91, 537. 
 
 seizure of property of stranger to writ, 
 liability of sureties for. 91, 537-540. 
 
 seizure of property under irregular pro- 
 cess, liability of sureties for. 91, 535, 
 536. 
 
 seizure of property without process, lia- 
 bility of sureties for. 91, 532, 533. 
 
 separate bond required, liability of gen- 
 eral sureties in cases where. 91, 550, 
 551. 
 
 sureties of sheriffs and constables, acting 
 under void process. 78, 423. 
 
 sureties of sheriffs and constables, acts 
 for which answerable. 78, 421. 
 
 sureties of sheriffs and constables, liabil- 
 ity of for levying upon property of one 
 person under a, writ against another. 
 78, 424, 425. 
 
 sureties of sheriffs and constables, liabil- 
 ity of for trespass. 78, 423. 
 
 sureties of sheriffs, liability of. 71, 519- 
 522. 
 
 SHERIFF'S DEEDS. 
 reformation of. 65, 514. 
 
 SHIPPER. 
 
 discriminations against and in favor of, 
 
 by carrier. 11, 650. 
 of livestock, duties of. 63, 548-566. 
 special contract, right of carrier to exact 
 
 from. 46, 777-780. 
 
 SHIPPING. 
 I. Cliar^es on. 
 II. Charters. 
 III. Masters. 
 
 IV. liiabillty of Teasels and Ovrners, 
 V, Demurrag'e. 
 
 I. Cbarges on. 
 
 tonnage charges, what forbidden as. 27, 
 
 556, 557. 
 vessels, where taxable. 62, 471, 473. 
 wharfage fees. 27, 555, 556. 
 
 II. Charters. 
 
 risks assumed by charterer after vessel 
 reaches place of discharge. 30, 640. 
 
 words in charter, construction of. 30, 
 640, 641. 
 
 III. Masters. 
 
 masters, powers of. 31, 802-804. 
 IV. liiabillty of Vessels and Owners. 
 
 Duty and liability to seamen. 
 
 duties of ship owner toward seamen. 1, 
 812-815. 
 
 owners do not insure against latent de- 
 fects in ship. 1, 812. 
 
 owners do not warrant competency of 
 seamen. 1, 812. 
 
 seaworthiness, warranty of. 1, 812. 
 
 seaworthiness, when seamen may object 
 to. 1, 812. 
 
 See Seamen. 
 
 ship owners, liability of, for acts of fellow- 
 servants. 31, 808, 809. 
 
 ship owners, liability of, for acts of offi- 
 cers within scope of his authority. 31, 
 807, 808. 
 
 ship owners, liability of, for failure of 
 officers to perform duty due from owner 
 to seaman. 31, 805, 806. 
 
 ship owners, liability of, for injuries re- 
 ceived by seamen from officers of ship. 
 31, 805. 
 
 ship owner, liability of, for unnecessary 
 exposure of seamen to danger. 31, 807. 
 
 ship owner, liability of, for unreasonable 
 cruelty and severity of officers to sea- 
 men. 31, 807. 
 
 ship owners, liability of, for wrongful dis- 
 charge of seamen by master. 31, 806. 
 Part owners of vessels. 
 
 accounting between, at law. 90, 390, 391. 
 
 accounting between, in admiralty. 90, 
 391-393. 
 
 accounting between, in equity. 90, 393. 
 
 accounting between, joinder of parties in 
 suit for. 90, 393, 394. 
 
 accoimts between. 90, 390-394. 
 
 actions at law between. 50, 390, 391. 
 
 actions by or against third persons, joinder 
 of part owners in. 90, 407-409. 
 
 actions by or against third persons, non- 
 joinder of part owners in, objection to. 
 90, 409. 
 
 admiralty jurisdiction over controversies 
 between. 90, 377, 378. 
 
 admission of one owner not bind others. 
 90, 385. 
 
 appointment of master, effect where mas- 
 ter is part owner. 90, 371. 
 
 appointment of master, majority owners 
 may control. 90, 370. 
 
 appointment of master, majority surren- 
 dering right of, validity of. 90, 372, 
 373. 
 
 are not joint tenants. 90, 359. 
 
 are tenants in common. 90, 358. 
 
 attachment of shares of, in actions by 
 third persons. 90, 409, 410. 
 
 authority of, to bind co-owner, where lat- 
 ter dissents from voyage. 90, 399. 
 
231 
 
 INDEX-DIGEST TO NOTES. 
 
 Shipping 
 
 Part owners of vessels — Continued. 
 
 authority of, to bind co-owiier who dis- 
 sents from voyage, effect of notice to 
 third person as to dissent. 90, 399-401. 
 
 beneficial holder of title is liable as. 90, 
 402. 
 
 bond for safe return of vessel, amount of. 
 90, 375, 376. 
 
 bond for safe return of vessel, conditions 
 of. 90, 375. 
 
 bond for safe return of vessel, dissenting 
 majority may apply for. 90, 374. 
 
 bond for safe return of vessel, effect of, 
 on rights and liabilities of dissenting 
 interests. 90, 377. 
 
 bond for safe return of vessel, jurisdiction 
 to enforce. 90, 378. 
 
 bond for safe return of vessel, waiver of 
 or laches barring right to require. 90, 
 374, 375. 
 
 bond for safe return of vessel, what re- 
 turn satisfies condition of. 90, 376, 377. 
 
 contribution between. 90, 386, 387. 
 
 discharge of, by release of creditor to one 
 co-owner. 90, 406, 407. 
 
 discharge of, effect of settlement of ac- 
 counts between co-owners on. 90, 407. 
 
 disposal of co-owner's share in vessel, 
 right of. 90, 384. 
 
 disposal of co-owner's share, where part- 
 nership exists. 90, 384. 
 
 disposal of share by, consent of co-owner 
 unnecessary. 90, 384, 385. 
 
 earnings of vessel, mortgagee's right to 
 share in. 90, 383, 384. 
 
 earnings of vessel, right to. 90, 382-384. 
 
 earnings of vessel, right to, where bond is 
 taken for safe return. 90, 382, 383. 
 
 earnings of vessel, right to, where no bond 
 is taken for safe return. 90, 383. 
 
 earnings of vessel, right to where part 
 owner dissents from voyage. 90, 382, 
 383. 
 
 employment of vessel by, public has an 
 interest in. 90, 367. 
 
 employment of vessel, dispute Between 
 equal interest as to, those desiring em- 
 ployment control. 90, 370. 
 
 employment of vessel, equal owners desire 
 to use vessel, rule concerning. 90, 370. 
 
 employment of vessel, jurisdiction over 
 questions concerning. 90, 377-380. 
 
 employment of vessel, majority owners 
 may control if they desire to employ 
 vessel. 90, 367-369. 
 
 employment of vessel, majority owners 
 may control, when. 90, 367-369. 
 
 employment of vessel, majority owners un- 
 willing to employ, minority may use in 
 United States and England. 90, 369, 
 370. 
 
 employment of vessel, majority owners 
 unwilling to employ, vessel remains idle 
 in France. 90, 369. 
 
 employment of vessel, minority owners 
 protected by requiring bond for safe re- 
 turn of vessel. 90, 373-377. 
 
 extent of liability of, at common law. 90, 
 404, 405. 
 
 extent of liability of, in France and 
 Louisiana. 90, 403, 404. 
 
 Part owners of vessels — Oontirvued. 
 
 extent of liability of, under United State.^ 
 
 statutes. 90, 405, 406. 
 fiduciary relation between. 90, 365, 366. 
 liability between, for failure to employ 
 
 vessel. 90, 380, 381. 
 liability between, for loss or destruction 
 
 of vessel. 90, 381, 382. 
 liability of, for acts of co-owner. 90, 394- 
 
 402. 
 liability of, for purchase of cargo. 90, 
 
 394. 
 liability of, for repairs and supplies. 90, 
 
 395-397. 
 liability of, on contract for payment of 
 
 debts from earnings of vessel. 90, 394. 
 lien by, as against creditors of all part 
 
 owners. 90, 389, 390. 
 lien by, as materialmen. 90, 389. 
 lien by, for debts and advances. 90, 387- 
 
 390. 
 lien by, for debts and advances, conflict 
 
 of authority concerning. 90, 387. 
 lien by, on co-owner's share in earnings. 
 
 90, 388-390. 
 lien by owner in possession, for debts. 90, 
 
 389. 
 lien on co-owner's share in earnings, where 
 
 partnership exists. 90, 388, 389. 
 majority in interest, what constitutes. 
 
 90, 373. 
 partnership between, in employment of 
 
 vessel. 90, 364, 366. 
 partnership between, in vessel. 90, 361- 
 
 364. 
 partnership between, what constitutes. 
 
 90, 361-365. 
 partnership between, what voyages covered 
 
 by. 90, 365. 
 partnership in vessel and in its employ- 
 ment, distinction between. 90, 361. 
 partnership may exist between. 90, 360, 
 
 361. 
 partnership of, not implied from part own- 
 ership. 90, 360. 
 person owning share of ship at time of 
 
 transaction is liable as. 90, 402, 403. 
 privity between. 90, 385, 386. 
 repairs and supplies, agency between co- 
 owners for purchase of, when iniplied. 
 
 90, 396. 
 repairs and supplies, doctrine that co- 
 owner can bind for. 90, 395, 396. 
 repairs and supplies, doctrine that co- 
 owner cannot bind for. 90, 396. 
 repairs and supplies when vessel is in 
 
 home port, liability for. 90, 397. 
 revocation of authority bv, to co-owner. 
 
 90, 401, 402. 
 rights and liabilities of. 90, 355-^10. 
 sale of vessel, jurisdiction to order, in 
 
 controversies between. 90, 378-380. 
 secret owner may be liable as. 90, 403. 
 shares, sailing vessel on, effect. 1, 814. 
 ship's husband may provide repairs and 
 
 supplies and bind co-owner. 90, 398. 
 ship's husband, when has authority to 
 
 bind co-owners. 90, 397, 398. 
 suits in equity between. 90, 390, 391. 
 third parties, rights and liabilities as to. 
 
 90, 394-410. 
 
Shore 
 
 INDEX-DIGEST TO NOTES. 
 
 232 
 
 Part oiimers of vessels — Continued. 
 
 vessels, part owners of, rights and liabil- 
 ities of. 90, 355-410. 
 who is liable as. 90, 402, 403. 
 
 V. Demnrrag'e. 
 
 Demurrage mid delay. 
 
 burden of proof in absence of stipulation 
 for. 30, 638. 
 
 collision, demurrage for vessel injured by. 
 30, 639. 
 
 consignee, liability of, for demurrage. 30, 
 638, 639. 
 
 damages in nature of demurrage, when re- 
 coverable without contract. 30, 636- 
 638. 
 
 delay caused by waiting for turn, not en- 
 title to demurrage. 30, 638. 
 
 demurrage, railroads, right to charge. 44, 
 921-926. 
 
 demurrage, stipulated, liability for, when 
 absolute. 30, 635, 636. 
 
 demurrage, what is. 30, 634, 635. 
 
 illegal seizure of vessel, demurrage in case 
 of. 30, 639. 
 
 lay days, commencement of. 30, 639, 640. 
 
 lay days, what are. 30, 639. 
 
 lien for demurrage. 30, 641. 
 
 measure of damages in cases of. 30, 639. 
 
 risks assumed by charterer after vessel 
 reaches place of discharge. 30, 640. 
 
 strikes, delay caused by. 30, 641. 
 
 SHOBE. 
 
 boundary line, describing as, effect. 27, 
 59-63. 
 
 SHORT. 
 
 sales, when wagers. 1, 762. 
 
 SICKNESS. 
 
 of jurors. 1, 521. 
 
 of person injured, as affecting measure of 
 
 damages. 10, 64-66. 
 proximate cause of. 36, 829, 830. 
 ship owners, duties of toward seamen 
 
 when. 1, 813, 814. 
 
 SIDE LINES. 
 
 of mining claim. 58, 267. 
 of mining claim, when become end lines. 
 58, 267. 
 
 SILENCE. 
 
 as ground of estoppel. 10, 22. 
 
 estoppel by, of married women. 57, 178. 
 
 SISTEB. 
 
 action by, for death of brother or sister. 
 
 70, 675. 
 as beneficiary of mutual benefit society. 
 
 52, 572. 
 right of, to inherit property. 12, 105. 
 
 SITUS. 
 
 law of, controls descent of realty. 12, 96. 
 of debts for the purpose of garnishment. 
 69, 113-127. 
 
 SLANDEB. 
 
 insanity as a defense in. 42, 754, 755. 
 See Libel and Slander. 
 
 SLAUGHTEBHOUSES. 
 
 regulation of. 47, 547. 
 
 SLEEPING CAB COMPANIES. 
 
 duties and liabilities of. 5, 34-36. 
 obligations and liabilities of. 26, 331-340. 
 See Carriers. 
 
 SMUGGLING. 
 
 sale of property for, into another country, 
 validity of. 32, 451. 
 
 SNOW. 
 
 removing) from tracks, duty of street rail- 
 way company. 25, 480, 481. 
 
 SOCAGE GUABDIANS. 
 
 powers of. 89, 262-264. 
 
 SOCIAL CLUBS. 
 
 distribution of liquors by, whether in vio- 
 lation of liquor laws. 24, 35-50. 
 
 SOLDIERS. 
 
 contract to secure release of. 13, 298. 
 nuncupative wills made by. 67, 577-579. 
 residence of. 48, 717. 
 
 SOLICITATION. 
 
 whether is attempt to commit crime. 20, 
 744. 
 
 SON. 
 
 as head of family. 70, 109. 
 
 SOUND HEALTH. 
 
 definition of. 10, 244. 
 
 SPECIAL ASSESSMENTS, 
 collection of. 42, 659-661. 
 
 SPECIAL DEPOSITS. 
 
 in bank, what constitute. 86, 778-781. 
 liability of bank as bailee of. 38, 778-788. 
 
 SPECIAL LEGISLATION. 
 
 protection of corporations from. 62, 165- 
 
 182. 
 
 SPECIAL STATUTES. 
 
 what are. 21, 781, 782. 
 
 SPECIAL STOCK. 
 
 under Massachusetts statutes. 73, 241. 
 
 SPECIE PAYMENTS. 
 
 suspension of, as ground for forfeiture of 
 bank franchise. 8, 189, 190. 
 
233 
 
 INDEX-DIGEST TO NOTES. 
 
 States 
 
 SPECIFIC PERFORMANCE. 
 
 I- "Wliem Remedy Granted. 
 II. Proceeding:s. 
 
 I. "Wiem Remedy Granted. 
 
 Specific performance. 
 
 conveyance to one entitled to specific per- 
 formance is not voluntary. 14, 742. 
 
 difficulty in supervising the enforcement 
 of the decree as a ground for refusing. 
 68, 755-762. 
 
 of building and construction contracts. 
 68, 755-760. 
 
 of contracts between attorney and client. 
 83, 166. 
 
 of contracts by actors and other profes- 
 sionals. 68, 762. 
 
 of contracts for personal services involv- 
 ing skill, judgment, and discretion. 68, 
 761. 
 
 of contracts for the construction and 
 equipment of railways. 68, 755, 756. 
 
 of contracts for the management and fur- 
 nishing of a theater. 68, 761. 
 
 of contracts for the operation of mines. 
 68. 760. 
 
 of contracts for the operation of railways. 
 68, 756. 758. 755). 
 
 of contracts to assign expectancies. 56, 
 345, 349. 
 
 of contracts to supply complex machinery. 
 68, 755. 
 
 of covenants restricting use of land. 21, 
 485. 
 
 of parol contract for lease. 17, 755, 756. 
 
 of perpetual contracts. 68, 754. 
 
 of rules of voluntary associations. 68, 
 871. 
 
 refusing because obedience to the decree 
 cannot be compelled by the ordinary pro- 
 cess of the court. 68, 754. 
 
 refusing because the contract is perpetual. 
 68, 754. 
 
 refusing because the enforcement of the de- 
 cree will unduly tax the attention of 
 the court. 68, 753. 
 
 IT. Froceeding:a. 
 
 Specific performance. 
 
 against unknown owners. 87, 367, 368. 
 amendments to pleadings in. 51, 430. 
 laches as ground for refusing. 2, 796. 
 receivers, when appointed in. 72, 93. 
 suit for, is local. 22, 23. 
 waiver of right of, parol evidence to show. 
 56, 670. 
 
 SPEED. 
 
 of trains, liability for excessive. 20, 453. 
 
 SPEEDY TRIAL. 
 
 right of accused to. 85, 187-204. 
 
 SPENDTHRIFTS. 
 
 trusts providing for. 24, 686-697. 
 
 SPIRITUALISM. 
 
 belief in, as insane delusion. 63, 91-93. 
 
 Spiritualism — Continued. 
 
 belief in, whether insanity. 1, 88. 
 undue influence as a result of belief in. 
 63, 92, 93. 
 
 SPIRITUALISTIC MEDIUM. 
 
 contracts with. 1, 88. 
 
 undue influence exercised by. 1, 88; 21, 
 
 95, 103. 
 
 SPOLIATION. 
 
 of official bonds, how differs from altera- 
 tion. 90, 204. 
 
 STABLE. 
 
 a dwelling-house, in burglary. 2, 390. 
 
 STALE CLAIMS. 
 
 in equity. 2, 795-808. 
 laches which defeats. 2, 795-808. 
 See Equity. 
 
 STAMPS. 
 
 on writings, failure to comply with stat- 
 ute requiring, effect of. 84, 185-199. 
 See Internal Revenue. 
 
 STARE DECISIS. 
 
 constitution, decisions overlooking or mis- 
 construing may be reconsidered. 73, 
 104. 
 
 departures from the rule of, when proper. 
 73, 101, 102. 
 
 divided courts, decisions of. 73, 104, 105. 
 
 elements which give weight to a decision 
 as authority. 73, 98-104. 
 
 limitations upon the doctrine of. 73, 98- 
 106. 
 
 reasons for the rule of. 73, 98. 
 
 single decisions which may be disregarded 
 when to do so will disturb property 
 rights. 73, 10'3, 104. 
 
 STATES. 
 1. Government. 
 II. Property. 
 III. Appropriations. 
 IV. Actions. 
 
 I. Government. 
 
 duty to surrender fugitive from justice. 
 
 68, 129-131. 
 governor, mandamus against. 31, 294- 
 
 304. 
 interstate commerce, regulation of. 27, 
 
 547-568. 
 legislature, apportionment laws, power of, 
 
 over. 35, 62-67. 
 legislature, control of, over the property 
 
 of municipalities. 35, 529-540. 
 quarantine regulations established by. 
 
 47, 536-540. 
 
 II. Property. 
 
 fisheries, ownership of. 23, 837. 
 taxation of state property. 33, 403, 404. 
 tide lands belong to. 53, 298, 299. 
 title of, to lands beneath bays and arms 
 of the sea. 53, 293. 
 
state's Evidence 
 
 INDEX-DIGEST TO NOTES. 
 
 234 
 
 m. Appropriations. 
 
 appropriations, constitutional provisions 
 concerning. 22, 646, 647, 
 
 appropriations, definition of. 22, 739. 
 
 appropriations for expenses of government 
 have precedence over general appropria- 
 tion. 22, 646. 
 
 appropriations, form in which made. 22, 
 643, 644. 
 
 appropriations, funds out of which pay- 
 ment is to be made. 22, 640, 641. 
 
 appropriations may be implied. 22, 645. 
 
 appropriations of public money, what are. 
 22, 638-649. 
 
 appropriations, specific. 22, 640, 646. 
 
 appropriations, what are not. 22, 638, 
 639. 
 
 appropriation, what is requisite to. 22, 
 640. 
 
 IV. Actions. 
 
 action in one state to enforce action cre- 
 ated by statute of another. 14, 350-355. 
 
 garnishment, states not subject to. 51, 
 114. 
 
 judgment against municipalities, when 
 binding on state. 27, 197. 
 
 proceedings by, to declare forfeiture of 
 corporate franchise. 8, 193-197. 
 
 STATE'S EVIDENOB. 
 agreements concerning. 40, 767-775. 
 confession on promise of accused to turn. 
 
 6, 261. 
 
 STATUTE DE DONIS. 
 
 estates-tail derive their existence from. 
 
 7, 428. 
 
 STATUTE OF ANNE, 
 defining usury. 46, 187. 
 
 STATUTE OF ELIZABETH. 
 
 respecting charitable uses or trusts. 63, 
 254. 
 
 STATUTE OF FRAUDS. 
 
 contract invalid under, right to recover 
 damages for failure to perform. 6, 495- 
 497. 
 
 contracts of indemnity, whether within. 
 42, 186-194. 
 
 See Frauds, Statute of. 
 
 STATUTE OF LIMITATIONS. 
 
 payment of debt barred by, efi'ect on right 
 of contribution from cosurety. 10, 642. 
 See Limitation of Actions. 
 
 STATUTES. 
 I. Enactment and Validity. 
 II. General and Special IjaTT.«i. 
 
 III. Titles of Acts. 
 
 IV. Amendments. 
 V, Repeal. 
 
 VI. Construction and Effect. 
 VII. Particular Statutes. 
 
 I. Enactment and Validity. 
 
 Enactment of statutes. 
 
 authentication of, mandamus against gov- 
 ernor to compel. 31, 304. 
 
 journals of legislature may be referred 
 to to show action on. 12, 217-219. 
 
 journals of legislature to impeach enact- 
 ment of statute. 47, 816-822. 
 
 proof of enactment of. 47, 814-823. 
 
 Validity of statutes. 
 
 authorizing physical examination are con- 
 stitutional. 68, 246. 
 
 constitutionality of act limiting power to 
 disbar attorneys. 45, 72, 73. 
 
 constitutionality of adoption statutes. 
 39, 21.2, 213. 
 
 constitutionality of statutes affecting 
 rights based on pre-existing marriage. 
 84, 437-450. 
 
 constitutionality of statutes allowing at- 
 torneys' fees. 79, 178-186. 
 
 constitutionality of statutes authorizing 
 proceedings against unknown owners. 
 87, 360-362. 
 
 constitutionality of statutes imposing a 
 heavier penalty for a second offense. 
 64, 378-382. 
 
 constitutionality of statute' imposing lia- 
 bility for fire. 42, 538. 
 
 constitutionality of statutes relating to 
 taxation of collateral inheritances. 41, 
 580-582. 
 
 constitutionality of statute respecting sur- 
 render of fugitives from justice. 68, 133, 
 134. 
 
 constitutionality of statutes, when courts 
 consider. 12, 828. 
 
 exacting labor on highways are valid. 74, 
 667-669. 
 
 extraterritorial effect of statutes prohibit- 
 ing certain marriages. 60, 941-947. 
 
 interstate commerce, statutes regulating, 
 constitutionality of. 27, 547-568. 
 
 power to regulate charges for public util- 
 ities. 62, 290. 
 
 struck juries, constitutionality of statutes 
 authorizing. 60, 461, 462. 
 
 unconstitutional in part, when not wholly 
 void. 66, 505. 
 
 validity of statutes requiring appointment 
 of veterans. 55, 369, 370. 
 
 void in part and valid in part. 12, 218, 
 219. 
 
 II. General and Special LaTvs. 
 
 constitutional provisions forbidding spe- 
 cial legislation. 21, 780. 
 
 corporations protected from special and 
 hostile legislation. 62, 165-182. 
 
 fourteenth amendment, when not prohibit 
 special laws. 25, 883-885. 
 
 general law, what is. 21, 781, 782. 
 
 local and private laws. 1, 903, 904. 
 
 municipal corporations, statutes applicable 
 toone only, when valid. 21, 785-789. 
 
 municipal corporations, statutes applying 
 to one class of. 21, 784. 
 
 special law, what is. 21, 781, 782. 
 
 special legislation, when invalid. 21, 788, 
 789. 
 
235 
 
 INDEX-DIGEST TO NOTES. 
 
 Statutes 
 
 Statittes — Continued. 
 
 statutes general in form, but special in 
 
 application. 21, 782. 
 what are, within the meaning of constitu- 
 tional prohibition. 21, 780-789. 
 
 III. Titles of Acts. 
 
 Title of statutes. 
 
 acknowledgment of deeds, statutes respect- 
 ing title of. 64, 81. 
 amendatory statutes need not be cognate 
 
 to the section amended. 79, 481, 482. 
 amendatory statutes, sufficiency of titles 
 
 of. 79, 480, 481. 
 amendatory, title of, when sufficient. 64, 
 
 79. 
 code amendments may amend some sec- 
 tions, add new sections, and repeal oth- 
 ers. 79, 483. 
 code amendments restricted by the title 
 to particular subjects or sections. 79, 
 484-486. 
 codes, amendments to, manner of entitling. 
 
 79, 480. 
 codes, amendments to need not state the 
 sections proposed to be amended. 79, 
 483. 
 codes of criminal practice contain but one 
 
 subject. 79, 474, 475. 
 codes of procedure contain but one sub- 
 ject. 79, 473, 475. 
 constitutional provisions requiring that 
 each shall embrace but one subject, 
 which shall be expressed in its title. 
 64, 70-72. 
 doubts whether they embrace more than 
 one subject are resolved in favor of the 
 statute. 79, 457. 
 embracing two or more subjects, one of 
 which is expressed in the title, are not 
 wholly void. 79, 456. 
 general and subsidiary purposes and ob- 
 ject of. 64, 70, 71. 
 . purposes of constitutional provisions re- 
 quiring the subject of each to be ex- 
 pressed in its title. 64, 70, 72. 
 supplemental title of, when sufficient. 64, 
 
 80. 
 title of, all matters germane to the sub- 
 ject may be treated under. 79, 460-462. 
 titles of, amendments to codes and gen- 
 eral statutes. 86, 267-279. 
 ' title of amendatory statutes. 64, 78-80. 
 title of, breadth and comprehensiveness of 
 are matters of legislative discretion. 
 64, 77, 78. 
 title of, comprehensiveness of subject is 
 
 not prohibited. 79, 457-460. 
 title of, constitutional provisions requir- 
 ing it to embrace but one subject. 64, 
 70. 
 title of, constitutional provisions respect- 
 ing are liberally construed. 64, 72, 73. 
 title of, details need not be enumerated 
 
 in. 79, 464. 
 title of, details, enumeration of does not 
 create more than one subject. 79, 465- 
 467. 
 title of, details, illustrations of which 
 show that they belong to but one sub- 
 ject. 79, 467-473. 
 
 Title of statutes — Continued. 
 
 title of, generality of is not objectionable. 
 
 69, 73, 74. 
 title of, germane matters may be provided 
 
 for under a single subject. 79, 460. 
 title of, instances of sufficient. 64, 74-76. 
 title of, is sufficient if the provisions are 
 all germane to the general subject. 64, 
 75, 76. 
 title of, matters in furtherance of or neces- 
 sary to the accomplishment of the ob- 
 ject of. 79, 462-464. 
 title of, municipal corporations, illustra- 
 tions of statutes concerning which em- 
 brace but one subject. 79, 466, 467. 
 title of, must express the subject matter. 
 
 64, 74. 
 title of, must substantially correspond 
 
 with the body. 64, 73, 74. 
 title of, need not include details or auxili- 
 ary provisions. 64, 74. 
 title of, provisions not embraced within 
 
 are void. 64, 76, 77. 
 title of, repealing statutes, when suffi- 
 cient. 64, 80. 
 title of, respecting acknowledgment of 
 
 deeds. 64, 81. 
 title of, respecting adoption of children. 
 
 64, 81. 
 title of, respecting adulteration of foods. 
 
 64, 81, 82. 
 title of, respecting animals, what subjects 
 
 may be included within. 64, 83. 
 title of, respecting appeals and writs of 
 
 error. 64, 82, 83. 
 title of, respecting appropriations. 64, 
 
 83. 
 title of,- respecting assessment of property. 
 
 64, 83. 
 title of, respecting banking. 64, 83, 84. 
 title of, respecting bonds, what subject 
 
 may be included within. 64, 84. 
 title of, respecting bridges and ferries. 
 
 64, 85. 
 title of, respecting chattel mortgages. 64, 
 
 85. 
 title of, respecting conditional sales. 64, 
 
 85. 
 title of, respecting corporations, what sub- 
 ject may be included within. 64, 85, 86. 
 title of, respecting counties. 64, 87-89. 
 title of, respecting courts, what subjects 
 
 may be included within. 64, 89, 90. 
 title of, respecting crimes. 64, 90-92. 
 title of, respecting damages. 64, 92, 93. 
 title of, respecting deeds. 64, 93. 
 title of, respecting descent and distribu- 
 tion of the property of decedents. 64, 
 93. 
 title ■ of, respecting docks and wharves. 
 
 64, 94. 
 title of, respecting drains and drainage. 
 
 64, 94. 
 title of, respecting elections, what subject 
 may be included within statutes respect- 
 ing. 64, 94-96. 
 title of, respecting eminent domain. 64, 
 
 96. 
 title of, respecting fish and game. 64, 96. 
 title of, respecting fraudulent conveyances. 
 64, 96. 
 
statutes 
 
 INDEX-DIGEST TO NOTES. 
 
 236 
 
 Title of statutes — Contvmied. 
 
 title of, respecting gambling and games. 
 64, 96, 97. 
 
 title of, respecting growing hedges. 64, 
 97. 
 
 title of, respecting horseraeing and pool 
 selling. 64, 97. 
 
 title of, respecting hotels and boarding- 
 houses, what subjects may be included 
 within. 64, 97, 98. 
 
 title of, respecting insane persons, what 
 subjects may be included within. 64, 
 98. 
 
 title of, respecting insolvency, what sub- 
 jects may be included within. 64, 98. 
 
 title of, respecting insurance, what sub- 
 jects may be included within. 64, 98. 
 
 title of, respecting intoxicating liquors, 
 what subjects may be included within. 
 64, 98-101. 
 
 title of, respecting municipal corporations. 
 64, 102. 
 
 title of, respecting officers. 64, 103. 
 
 title of, respecting railroads. 64, 103, 104. 
 
 title of, respecting taxes. 64, 104, 105. 
 
 title of, supplementary statutes, when suf- 
 ficient. 64, 80. 
 
 title of, use therein of the words "and so 
 forth" or "for other purposes." 79, 467. 
 
 title of, void in part for defects in, when 
 not void in toto. 64, 77. 
 
 title to, comprehensiveness of subject of 
 not prohibited. 79, 457-460. 
 
 when embrace but one subject, and what 
 matters may be included therein. 79, 
 456-486. 
 
 IV. Amendments. 
 
 Amendatory statutes. 
 
 amendatory statutes as ex post facto laws. 
 37, 585, 586. 
 
 amendatory statutes need only refer to 
 the original. 86, 268, 269. 
 
 broadness of title as affecting validity of 
 amendment. 86, 272-274. 
 
 code amendments. 79, 480-486. 
 
 constitutionality of revisions. 86, 267- 
 279. 
 
 mandatory provisions of constitutions, 
 effect of, on amendments. 86, 274, 275. 
 
 name of code, whether sufficiently ex- 
 presses its subject. 86, 272. 
 
 reference to a code by its name or title, 
 whether sufficient. 86, 271. 
 
 scope of amendments. 86, 269. 
 
 systematic amendment, whether amounts 
 to forbidden revision. 86, 276-279. 
 
 titles of amendatory general statutes held 
 sufficient. 86, 269-271. 
 
 title of amendatory may refer to the com- 
 piled statutes. 66, 504. 
 
 titles of codes and general statutes which 
 have been sustained. 86, 275, 276. 
 
 title of statutes need not disclose details. 
 86, 274. 
 
 V. Repeal. 
 
 Repeal of statutes. 
 
 by implication. 88, 271-297. 
 by implication, amendment, when accom- 
 plishes. 88, 281, 282. 
 
 Repeal of statutes — Continued. 
 
 by implication, change of penalty as ac- 
 complishing. 88, 292, 293. 
 
 by implication, codification working re- 
 peal. 88, 287-289. 
 
 by implication, effect of constitutional 
 provisions on. 88, 294, 295. 
 
 by implication, effect of negative words 
 on. 88, 281. 
 
 by implication, effect of omission of pro- 
 visions on. 88, 280, 281. 
 
 by implication, general act, whether re- 
 peals special act. 88, 282-284. 
 
 by implication, general' law does not re- 
 peal municipal charter. 88, 285, 286. 
 
 by implication, inconsistency and repug- 
 nancy, effect of. 88, 275, 276. 
 
 by implication, inconsistent and repug-, 
 nant general law as affecting special 
 law. 88, 284, 285. 
 
 by implication, inconsistent and repug- 
 nant statutes, when are. 88, 276-278. 
 
 by implication, necessity of repealing 
 clause. 88, 272, 273. 
 
 by implication, new statute intended as 
 substitute will repeal. 88, 287, 288. 
 
 by implication, not favored. 88, 273. 
 
 by implication, of acts passed at same 
 session of legislature. 88, 289, 290. 
 
 by implication, of penal statutes. 88, 290- 
 294. 
 
 by implication, of penal statutes, must re- 
 late to same subject and object. 88, 
 291. 
 
 by implication, of penal statutes, to what 
 extent repealed. 88, 292. 
 
 by implication, of penal statutes which 
 are inconsistent and repugnant. 88, 
 291, 292. 
 
 by implication, of special penal statutes 
 by general. 88, 294. 
 
 by implication, of statutes which conferred 
 different powers, privileges, or duties. 
 88, 296, 297. 
 
 by implication, prior acts omitted, whether 
 repealed. 88, 288, 289. 
 
 by implication, special law may repeal 
 general to what extent. 88, 286, 287. 
 
 by implication, statutes adopting or repeal 
 common law, whether repeal prior stat- 
 utes. 88, 295, 296. 
 
 by implication, statutes must be incon- 
 sistent and repugnant to repeal. 88, 
 274, 275. 
 
 by implication, unconstitutional statutes, 
 whether repeal. 88, 295. 
 
 by implication, when takes effect. 88, 282. 
 
 by implication, where general law covers 
 entire subject. 88, 285. 
 
 by implication, where new law covers en- 
 tire subject. 88, 278-280. 
 
 irrepealable laws. 1, 904. 
 
 repealing riparian owner's rights, effect. 
 19, 234. 
 
 revival of repealed statutes as ex post 
 facto laws. 37, 586. 
 
 VI. Constrnctlon and Effect. 
 
 construction of, imposing liability on 
 stockholders for corporate debts. 3, 
 836. 
 
INDEX-DIGEST TO NOTES. 
 
 Stipulations 
 
 Statutes — Continued. 
 
 construction of, should be so as to recon- 
 cile them with the constitution. 66, 
 
 505. 
 construction of statutes. 12, 826-S28. 
 effect of statutes granting new trial in 
 
 criminal case. 4, 119. 
 intent of the lawmakers as to meaning of 
 
 statute. 12, 827. 
 married women's acts, effect on husband's 
 
 marital rights. 12, 84. 
 "may," when construed "shall." 30, 775. 
 meaning of words in statute. 12, 827. 
 province of courts to construe statutes. 
 
 12, 826, 827. 
 province of the legislature to construe 
 
 statutes. 12, 827. 
 
 Statutes- 
 
 -Continued. 
 
 VII. Particnlar Statutes. 
 
 Statutes. 
 
 abolishing estates-tail in America. 7, 430. 
 
 adoption statutes. 39, 212, 213. 
 
 allowing recovery for causing death of 
 human being. 12, 375-383. 
 
 allowing recovery for change of grade of 
 street. 30, 847-849. 
 
 alteration of principal's contract by legis- 
 lation. 6, 460. 
 
 attempting to remove disqualification of 
 juror because of interest. 9, 752, 753. 
 
 Australian ballot laws. 49, 240-249. 
 
 authorizing administration of personalty. 
 12, 81. 
 
 authorizing appointment of receivers. 72, 
 43. 
 
 authorizing arrest and retention of fugi- 
 tives from justice. 46, 417. 
 
 authorizing assignments for benefit of 
 creditors. 2, 24. 
 
 authorizing imprisonment until fine is 
 paid. 12, 202. 
 
 authorizing infants to contract. 18, 638, 
 639. 
 
 authorizing litigation of adverse titles in 
 foreclosure suits. 68, 356, 357. 
 
 compelling witness to give criminating 
 testimony. 75, 345-347. 
 
 concerning appropriation of water. 60, 
 800. 
 
 concerning estrays. 8, 271-273. 
 
 concerning powers of wife upon husband's 
 desertion. 64, 870. 
 
 concerning preferences by insolvent corpo- 
 rations. 45, 826, 829. 
 
 concerning superstitious uses, whether for- 
 bid bequests for masses. 65, 119. 
 
 conferring right of husband and wife to 
 sue each other. 73, 274-278. 
 
 creating liens upon maritime contracts. 
 34, 309, 310. 
 
 creating presumptions as to evidence. 36, 
 682-689. 
 
 creating right to sue for death of human 
 being. 70, 669-676. 
 
 defining seduction. 8, 870-872. 
 
 depriving persons of due process of law. 
 20, 556-559. 
 
 exempting persons from grand jury ser- 
 vice. 12, 902. 
 
 ex post facto acts, what are. 37, 582-596. 
 
 forbidding common carriers granting ex- 
 clusive privileges. 62, 517-519. 
 
 giving lien to attorneys. 51, 274-281. 
 
 imposing liability for spreading contagion. 
 47, 549, 550. 
 
 imposing liability for starting fires. 30, 
 505. 
 
 imposing liaibility on cotenant for use and 
 occupation. 52, 930. 
 
 imposing liability upon stockholders for 
 corporate debts. 3, 834-873. 
 
 imposing penalty for failure to send or de- 
 liver telegram. 10, 790. 
 
 modifying law of libel. 15, 346, 347. 
 
 of distribution, English. 12, 82. 
 
 of telegraph companies apply to telephone 
 companies. 10, 128-130. 
 
 penal statutes relating to personal liabil- 
 ity of stockholders not enforceable in 
 other states. 37, 169-171. 
 
 prohibiting municipal indebtedness. 44, 
 229-243. 
 
 recognizing existence of defective corpora- 
 tion. 33, 179, 180. 
 
 regarding discriminations by carriers. 11 
 649, 654, 655. 
 
 regulating duties of mine owners. 87, 
 584-595. 
 
 regulating infants' contracts. 18, 579- 
 582. 
 
 regulating right of carrier to limit liabil- 
 ity. 88, 129-134. 
 
 regulation of sale of adulterated food. 
 10, 423, 424. 
 
 relating to bidding for public work. 50, 
 490. 
 
 relating to kidnaping. 4, 448, 449. 
 
 relating to lis pendens. 56, 856, 865. 
 
 relating to stockjobbing. 1, 752-767. 
 
 relating to taxation of collateral inherit- 
 ances. 41, 580-582. 
 
 relating to vagrancy. 38, 643-646. 
 
 removing disability of married women, 
 effect of. 57, 169. 
 
 requiring appointment of veterans. 55, 
 369, 370. 
 
 statutes excluding testimony of physician 
 17, 565-571. 
 
 supplanting rule in Shelley's Case. 11, 
 100. 
 
 which violate constitutional provision 
 against imprisonment for debt. 37, 758- 
 765. 
 
 STEAMBOATS. 
 
 passengers on. 61, 78. 
 
 STENOGRAPHER'S NOTES. 
 
 as evidence. 81, 358-368. 
 of testimony of deceased or absent witness, 
 as evidence. 61, 890-892. 
 
 STIPUIiATIONS. 
 
 concerning the admission and force of evi- 
 dence. 8, 921-924. 
 
 which railroad company cannot extort 
 from shippers. 13, 782-787. 
 
stock 
 
 INDEX-DIGEST TO NOTES. 
 
 238 
 
 STOCK. 
 
 corporation, power of, to purchase its own. 
 33, 339-347. 
 
 herded on another's lands, liability of 
 owner of. 81, 446-453. 
 
 in store, description of in mortgage. 14, 
 245. 
 
 of another corporation, right of one corpo- 
 ration to acquire. 36, 134-142. 
 
 of corporation as collateral security, rights 
 of holder of. 32, 715. 
 
 of corporation, assignment of, as volun- 
 tary. 34, 209, 210. 
 
 of corporation, subscription to, effect of 
 defective incorporation on. 33, 184-186. 
 
 sales of, not owned by vendors. 1, 753. 
 
 subscriptions to, of corporation, liability 
 upon. 3, 806-834. 
 
 STOCK JOBBING. 
 
 statutes concerning. 1, 752-757. 
 
 STOCKHOIJIEKS. 
 
 of building and loan associations, liability 
 
 of. 61, 29. 
 of corporations, liability of to creditors. 
 
 3, 806-873. 
 
 STOCKFENS. 
 
 duty of carrier of livestock to provide. 
 63, 551, 552. 
 
 STOCKYARDS. 
 
 are engaged in public use. 62, 291. 
 
 STOLEN PROPERTY. 
 
 possession of, as evidence in burglary. 2, 
 
 397. 
 sale of, effect on title. 3, 197-200. 
 sale of, where character of property is 
 
 changed. 3, 197, 198. 
 
 STOPPAGE IN TRANSITU. 
 
 how exercised. 1, 312-314. 
 See Sales. 
 
 STORE. 
 
 a dwelling-house in burglary. 2, 391. 
 
 STRANGERS. 
 
 cannot alter written instruments. 86, 
 102-112. 
 
 description of property in mortgage, when 
 sufficient as to. 14, 239, 240. 
 
 in grand jury room. 12, 915. 
 
 redemption from execution sale by. 21, 
 245. 
 
 suits by, on contract for benefit of an- 
 other. 71, 176, 179. 
 
 trust fund in hands of, may be followed.' 
 32, 126, 127. 
 
 STREET RAILROADS. 
 
 Street railroads. 
 
 accidents, duty to exercise oare to avoid. 
 
 25, 481. 
 additional servitude, when constitute. 51, 
 549. 
 
 Street railroads — Oontirmed. 
 
 are employed in public use and are sub- 
 ject to state regulation. 62, 290. 
 
 are not an additional servitude. 47, 272, 
 273. 
 
 care required of. 77, 28. 
 
 compensation to abutting la,nd owner, for 
 right to construct railway in street. 25, 
 478, 479. 
 
 electric-car poles and wires on street not 
 an additional servitude. 28, 235, 236. 
 
 exemplary damages against, when may be 
 awarded. 59, 608. 
 
 improvements, right to adopt. 25, 479. 
 
 municipal regulation, street railways sub- 
 ject to. 25, 479, 480. 
 
 negligence toward children. 49, 431-433. 
 
 pedestrians, right of street-cars over, in 
 use of streets. 25, 475, 476. 
 
 repair tracks, duty of company to. 25, 
 480. 
 
 rights in highway. 48, 380. 
 
 snow, duty to remove, from tracks. 25, 
 
 480, 481. 
 
 street-cars, right in street of, over other 
 vehicles and pedestrians. 25, 475, 476. 
 
 streets, interest of company in street, na- 
 ture of. 25, 476, 477. 
 
 streets, paving of, duty of company. 25, 
 
 481, 482. 
 
 streets, rights, duties, and obligations with 
 
 respect to. 25, 475-482. 
 switches, right to maintain. 25, 478. 
 track of another company, right of one 
 
 company to use. 25, 477, 478. 
 tracks, to what extent public highways. 
 
 25, 476. 
 
 turnouts, right to maintain. 25, 478. 
 Elevated railroads. 
 
 damages for occupation of street by. 26, 
 
 497-507. 
 damages for operation of. 26, 500-504. 
 damages, speculative opinions respecting, 
 
 are not admissible. 26, 500-504. 
 damages, tenants, when cannot recover for. 
 
 26, 506. 
 
 right to use streets for. 25, 479. 
 
 STREETS. 
 
 change of grade, liability for. 30, 835- 
 
 850. 
 damages for changing grade of. 4, 401. 
 damages for establishing railroad in. 4, 
 
 402, 403. 
 easement in, for passage of light and air. 
 
 41, 324-328. 
 extinguishment of, through nonuser or by 
 
 statute of limitations. 14, 278-282. 
 grading, municipal liability for negligence 
 
 in grading. 30, 389-395. 
 grading ' of, municipal liability for in- 
 juries upon adjacent property by. 34, 
 
 847-849. 
 law of the road. 48, 366-381. 
 legislative control over. 35, 536. 
 liability of municipality for dangerous 
 
 condition of. 17, 736-737. 
 obstruction of, right of private person. 1. 
 
 840-844. 
 railway on, care required of. 52, 48. 
 See Highways; Municipal CorporatioM. 
 
239 
 
 INDEX-DIGEST TO NOTES. 
 
 Summons 
 
 Streets — Continued. 
 
 street railways, rights, duties, and obliga- 
 tions with respect to. 25, 475-482. 
 
 telephone poles in. 10, 131. 
 
 to what use may be put without awarding 
 damages to property owners. 16, 612- 
 614. 
 
 use of, by telegraph and telephone com- 
 panies. 28, 229-236. 
 
 vacating, damages recoverable for. 46, 
 493-498. 
 
 STRIKES. 
 
 accompanied by force and coercion, are 
 
 unlawful. 61, 70S. 
 ■causing delay in transportation of goods, 
 
 effect of. 11, 365, 366. 
 definition of. 61, 706, 708. 
 delay caused by, liability for. 30, 641. 
 enjoining. 61, 711. 
 intimidation by strikers, what amounts to. 
 
 61, 709-711. 
 object of. 61, 706. 
 when lawful. 61, 707. 
 when unlawful. 61, V07. 
 
 STRUCK JUEIES. 
 
 constitutionality of statutes authorizing. 
 60, 461, 462. 
 
 STUDENTS. 
 
 residence of. 48, 717. 
 
 SUBAGBNT. 
 
 liability of collecting bank for acts of. 
 38, 776, 777. 
 
 liability of ofiScers of corporations for mis- 
 conduct of. 48, 921, 922. 
 
 notice to, when affects principal. 24, 233. 
 
 officers of corporation, liability for. 48, 
 921, 922. 
 
 relation of, to principal and agent. 50, 
 110-124. 
 
 See Principal and Agent. 
 
 SUBJACENT SUPPORT. 
 
 rules concerning, same as adjacent sup- 
 port. 33, 446, 447. 
 
 SUBLEASE. 
 
 as ground of forfeiture of lease, waiver 
 
 of. 47, 199. 
 distinction between, and assignment. 1, 
 
 83. 
 effect of, distinguished from assignment. 
 
 10, 560, 561. 
 
 See Landlord and Tenant. 
 
 SUBEOGATION. 
 
 insurer's right to subrogation. 44, 731- 
 
 739. 
 
 See Insurance, 
 right of. 12, 506, 507. 
 right to, of purchaser at void execution 
 
 sale. 2, 330. 
 
 SUBSCRIPTION. 
 
 right to, of purchaser at void foreclosure 
 sale. 2, 330. 
 
 Subaeription — Continued. 
 
 right to, of purchaser at void judicial 
 sale. 2, 328-330. 
 
 right to, of purchaser at void probate 
 sale. 2, 330. 
 
 to corporate stock. 57, 68-70. 
 See Corporations. 
 
 to corporate stock, effect of defective in- 
 corporation on. 33, 184-186. 
 
 to corporate stock, liability upon. 3, 806- 
 834. ' 
 
 to corporate stock, rescinding. 57, 70. 
 
 to stock in another corporation, right of 
 corporation to make. 36, 134-136. 
 
 SUBSEQUENT CREDITORS. 
 
 who may attack voluntary conveyance as 
 fraudulent. 14, 750-753. 
 
 See Fraudulent Conveyances. 
 
 SUBSEQUENT PURCHASERS. 
 
 as parties to mortgage foreclosure. 1. 
 
 189, 190. 
 bona fide character of. 17, 288-290. 
 validity of voluntary trust against. 34, 
 
 216, 217. 
 
 SUBTERRANEAN. 
 
 streams generally. 67, 663-672. 
 waters, which are not percolating. 67, 
 664. 
 
 SUCCESSION. 
 
 to estates of intestates. 12, 81-113. 
 See Descent and Distribution. 
 
 SUICIDE. 
 
 as a crime. 78, 264. 
 
 as a defense to benefit insurance policies. 
 
 83, 710, 717. 
 as a defense to life insurance. 84, 539- 
 
 555. 
 as cause of death. 50, 442. 
 as death by accident. 8, 765, 766. 
 death caused by, refusing payment of 
 
 benefit insurance because of. 52, 577. 
 of intoxicated person, liability of liquor 
 
 seller for. 85, 451. 
 whether a violation of law within the 
 
 meaning of insurance policies. 60, 164. 
 
 SUMMARY JURISDICTION. 
 
 over attorneys. 2, 847-862. 
 
 SUMMARY PROCEEDING. 
 
 to impound and sell animals. 90, 211-220. 
 
 SUMMARY PROCESS. 
 
 enforcement of appeal bonds by. 38, 714. 
 
 SUMMONS. 
 
 irregularities in. 40, 430-434. 
 jurisdictional defects in. 40, 430-434. 
 service of, on new parties. 50, 746. 
 See Process. 
 
Sunday 
 
 INDEX-DIGEST TO KOTES. 
 
 240 
 
 SUNDAY. 
 
 punishing violation of Sunday laws. 78, 
 
 264-266. 
 ratification of contracts made on. 59, 
 
 641-643. 
 regulations compelling observance of, not 
 
 interfere witli interstate commerce. 29, 
 
 713-718. 
 what work may be done on. 30, 27, 28. 
 
 SimDAY SCHOOLS. 
 
 charitable trusts for. 63, 266. 
 
 SUPERINTENDENTS. 
 
 are not laborers. 58, 305, 306. 
 
 SUPERSEDEAS. 
 
 definition of. 67, 714, 715. 
 
 inherent power of the courts to issue. 87, 
 
 515, 516, 519. 
 issuing on appeal from orders dissolving 
 
 injunctions. 67, 717-719. 
 power of courts to issue is implied. 67, 
 
 715. 
 practice upon applications for. 67, 722. 
 when the statute does not provide for a 
 
 stay of execution. 67, 720-722. 
 writ of, applies solely to proceedings at 
 
 law. 67, 715. 
 
 SUPERSTITIOUS USE. 
 
 bequest for masses as. 65, 118, 119. 
 
 SUPERVISORS. 
 
 bonds of, liability of sureties on. SJl, 572. 
 cannot delegate their powers. 50, 118. 
 reviewing acts of, upon certiorari. 40, 
 38-42. 
 
 See Counties. 
 
 SUPPLEMENTARY PROCEEDINGS. 
 
 receiver appointed in. 72, 94. 
 
 SUPPLIES. 
 
 claims for, when a preference over railroad 
 mortgage. 54, 420. 
 
 SURETY. 
 
 being a, disqualifies a juror. 9, 756, 757. 
 
 right of, to enforce contribution from an- 
 other, and the remedies for its enforce- 
 ment. 10, 639-647. 
 
 See Principal and Surety. 
 
 SURPRISE. 
 
 as ground for relief from judgment. 54, 
 240. 
 
 StJRVEYS. 
 
 conflicting, of boundaries. 22, 34-36. 
 
 SURVIVAL. 
 
 of action, against representatives of de- 
 ceased stockholder. 3, 869. 
 of powers of sale in wills. 80, 97-99. 
 
 SURVIVORSHIP. 
 
 in partnership, right of. 48, 62, 73-75. 
 on death or resignation of trustee. 19, 
 276. 
 
 SUSPENSION. 
 
 of children from schools, for what causes. 
 65, 330-339. 
 
 TAKING. 
 
 in larceny, what constitutes. 88, 561-566. 
 
 TALESMEN. 
 
 Talesmen. 
 
 when and how drawn. 12, 903. 
 
 TAXATION. 
 1. Fo'tver of Taxation. 
 II. Lial9lllty of Persons and Property. 
 
 III. Place of Taxation. 
 
 IV. Levy and Assessment. 
 V. Payment. 
 
 VI. Collection. 
 
 VII. Sale of I/and for Taxes. 
 
 VIII. Tax Titles. 
 
 IX. Collateral Inheritance Taxes. 
 
 I. PoTrer of Taxation. 
 
 Tamation generally. 
 
 definition of tax. 2, 94; 8, 506, 507. 
 
 fourteenth amendment, effect of, upon 
 power of taxation. 25, 885, 886. 
 
 legislative control over municipal. 35, 
 538. 
 
 prohibiting, for support of sectarian 
 schools. 8, 412. 
 
 tax proceedings are due process of law. 
 20, 554, 555. 
 
 territorial limits of power to tax. 8, 511. 
 
 what impositions may be sustained as ex- 
 ercises of the taxing power. 8, 508-512. 
 
 what is a tax. 8, 506-508. 
 
 Purposes for which taxes may be levied. 
 
 for bounties. 16, 369. 
 
 for discharge of moral or equitable obliga- 
 tion. 16, 369, 370. 
 
 for grist-mills. 16, 330. 
 
 for construction of levees. 16, 368. 
 
 for educational institutions. 16, 368. 
 
 for library for supreme court. 16, 370. 
 
 for municipal gas and water works. 16, 
 369. 
 
 for preservation of public health. 16, 
 368. 
 
 for public buildings. 16, 369. 
 
 for public charities. 16, 368. 
 
 for puiblic highways. 16, 368. 
 
 for public parks. 16, 369. 
 
 for public use generally. 16, 365-367. 
 
 not tax for lobbying. 16, 371. 
 
 not tax for private business enterprise. 
 16, 370. 
 
 not tax for private dam. 16, 370. 
 
 not tax for private drains. 16, 370. 
 
 not tax for private loans. 16, 370. 
 
 not tax for private schools. 16, 370. 
 
 not tax for public celebrations. 16, 371. 
 
241 
 
 INDEX-DIGEST TO NOTES. 
 
 Taxation 
 
 Purposes for which taxes may he levied — 
 
 Coniinued. 
 
 not tax for public defense. 16, 370. 
 
 power to impose taxes and assessments. 
 16, 365-371. 
 
 purposes for which may be levied. 2, 94. 
 
 purposes for which taxation cannot be im- 
 posed. 16, 370, 371. 
 
 what purposes justify imposition. 16, 
 365-370. 
 
 II. liiabllitT of Persons and Property. 
 
 Taxation of property. 
 
 collateral inheritances, taxation of. 62, 
 
 454, 455. 
 of corporate property, state has absolute 
 
 control over. 62, 175, 176. 
 commerce, subjects or instrumentalities of, 
 
 when may be levied on. 27, 559-563. 
 homestead, when subject to judgment for 
 
 taxes. 45, 387. 
 of dogs. 67, 290, 291. 
 of gross receipts of railroads and express 
 
 companies. 8, 509. 
 of inheritances. 88, 513-520. 
 of lawsuits. 8, 509. 
 of legacies and inheritances. 8, 508. 
 of offices, trades, and professions. 8, 508. 
 of patented articles. 37, 750, 751. 
 of patent rights. 37, 747-750. 
 of property of decedents. 62, 466. 
 of property without reference to value. 
 
 8, 508. 
 of transmission of estates. 8, 508. 
 receivers, property in hands of. 71, 383. 
 
 Taxation, of public property. 
 
 assessment for local improvement, cases 
 
 upholding. 33, 410-412. 
 assessment of public property for local im- 
 provement. 33, 406. 
 assessment, when exempt from. 33, 406- 
 
 409. 
 collection of assessment on. 33, 412, 413. 
 public property, taxation and assessment 
 
 of. 33, 400-413. 
 taxation for revenue. 33, 400, 401. 
 taxation of mortgages in which the state 
 
 school fund is invested. 33, 404. 
 taxation of municipal property. 33, 404- 
 
 406. 
 taxation of state property. 33, 403, 404. 
 taxation of United States property. 33, 
 
 401-403. 
 
 Taxation of persons. 
 
 of commercial drummers. 8, 512. 
 
 of consolidated corporations. 89, 652-654. 
 
 of foreign corporations. 8, 508, 509. 
 
 of new county for part of debt of old. 20, 
 
 677. 
 owner not liable for taxes assessed againsi 
 
 another. 42, 657. 
 telegraph companies, taxing business of. 
 27, 559. 
 
 Taxation of national banks. 
 
 are agencies of the national government. 
 
 69, 39, 40. 
 as agencies for collection of taxes. 69, 
 44, 45. 
 
 Index-Digest— 1 6 
 
 Taxation of national banks — Continued. 
 
 assessment of shares of stock of, mode of 
 making. 69, 51. 
 
 capital stock of may be taxed. 69, 42-44. 
 
 discrimination against in taxing shares of 
 stock, what is. 69, 48, 49. 
 
 moneyed capital of, what is. 69, 47. 
 
 personal property of is not siibject to 
 taxation. 69, 41. 
 
 profits or surplus funds of, taxation of. 
 69, 41, 42. 
 
 real estate of, may be taxed by the states. 
 69, 40, 41. 
 
 real estate of, where taxable. 69, 40, 41. 
 
 shares of cannot be subjected to a higher 
 rate than other moneyed capital. 69, 
 49. 
 
 shares of, remain subject to taxation 
 though the capital is invested in govern- 
 ment bonds. 69, 45, 46. 
 
 shares, of, taxation of, deduction of debts, 
 when must be allowed. 69, 50. 
 
 statutes providing for. 69, 38. 
 
 stock, shares of may be taxed by the 
 states. 69, 42-44. 
 
 taxation of, capital stock of, methods of. 
 69, 42-44. 
 
 taxation of, deduction of debts, when must 
 be allowed. 69, 50. 
 
 taxation of, discrimination of states in 
 mode of taxing shares of. 69, 46, 47. 
 
 taxation of, exemption from is not a dis- 
 crimination against. 69, 47, 48. 
 
 taxation of personal property of by the 
 states. 69, 41. 
 
 taxation of shares of stock, requiring 
 banks to pay taxes and reimburse them- 
 selves from their shareholders. 69, 44. 
 
 Exemption from, taxation. 
 
 corporate franchises, exemption of, from 
 
 taxation. 35, 404, 405. 
 of consolidated corporations. 89, 625-627. 
 of property of municipal corporations. 
 
 29, 386-388. 
 public property, when exempt from local 
 
 assessment. 33, 406-409. 
 when exemptions sustainable. 29, 387, 
 
 388. 
 
 III. Place of Taxation. 
 
 Place of taxation. 
 
 attachment, property subject to, where 
 taxable. 62, 460. 
 
 bonds, where taxable. 62, 452, 453. 
 
 business, property employed in, where tax- 
 able. 62, 463. 
 
 choses in action, where taxable. 62, 451. 
 
 corporations, bond of, where taxable. 62, 
 454. 
 
 corporations, property of, where taxable. 
 62, 468, 469. 
 
 credits, where taxable. 62, 455, 456. 
 
 debts due from nonresidents. 62, 457. 
 
 domicile, change of for the purposes. 62, 
 452. 
 
 domicile of the owner of personal prop- 
 erty, where deemed to be. 62, 452." 
 
 imported property, where taxable. 62, 
 473. 
 
 infants, property of, where taxable. 62, 
 466. 
 
Taxation 
 
 INDEX-DIGEST TO NOTES. 
 
 242 
 
 Place of taxation — Continued. 
 
 judgments, situs of for the purposes of. 
 
 62, 457. 
 livestock situated and grazing in two or 
 
 more counties. 62, 464, 465. 
 manufacturing, situs of property used in. 
 
 62, 463, 464. 
 municipal purposes, situs of property for 
 
 the purposes of. 62, 461, 462. 
 mortgages, situs of for the purposes of. 
 
 62, 457. * 
 national banks, shares of, where taxable. 
 
 62, 450, 451, 469. 
 negotiable instruments, situs of for the 
 
 purposes of. 62, 458. 
 nonresidents, property of, where taxable. 
 
 62, 473. 
 of choses in action. 62, 452. 
 of merchant's goods. 62, 463. 
 of property in transit. 62, 475, 476. 
 of property used in interstate commerce. 
 
 62, 474, 475. 
 partnership, situs of property for the pur- 
 poses of. 62, 465. 
 personal property, situs of for the pur- 
 poses of. 62, 448. 
 personal property, subject to, where tax- 
 able. 62, 460. 
 railroad bonds, where taxable. 62, 453. 
 rolling-stock of railways, situs of for the 
 
 purposes of. 62, 470, 471. 
 shares of stock in corporations, situs of 
 
 for the purposes of. 62, 458, 459. 
 situs of property employed in interstate 
 
 commerce. 62, 474, 475. 
 situs of property for purposes of taxation. 
 
 62, 448-477. 
 situs of shares of national bank stock for 
 
 purposes of taxation. 69, 51, 52. 
 tangible personal property, where taxable. 
 
 62, 449, 450. 
 transportation, taxation of property while 
 
 in transit. 62, 476. 
 trust, property held in, where taxable. 
 
 62, 466. 
 vessels, where taxable. 62, 471-473. 
 
 IV. Levy and AssesBinent. 
 
 apportionment between old and new 
 
 county. 20, 679, 680. 
 assessment of, reviewing upon' certiorari. 
 
 40, 44. 
 assessment, when annulled as a cloud on 
 
 title. 45, 377. 
 assessors, reviewing acta by certiorari. 
 
 40, 44. 
 equalization of, reviewing by certiorari. 
 
 40, 44. 
 injunction against levy of tax. 2, 95. 
 
 V. Payment. 
 
 payment by guardian. 89, 314. 
 
 payment of, not constitute adverse posses- 
 sion. 28, 161. 
 
 presumption of payment of taxes* 18, 
 884. 
 
 receiver appointed to pay taxes when life 
 tenant neglects to. 72, 95. 
 
 VI. Collection. 
 
 Collection of tasees. 
 
 assessments, personal liability for. 42, 
 
 659-661. 
 collecting ordinary taxes by suit. 42, 655- 
 
 659. 
 collecting special assessments. 42, 659- 
 
 661. 
 demand necessary before suit for taxes is 
 
 brought. 42, 657, 658. 
 distinction between special assessments 
 
 and ordinary taxes, in collection. 42, 
 
 659. 
 failure to provide mode of collection, effect 
 
 of. 42, 658. 
 forfeited property, personal action for 
 
 taxes on. 42, 656, 657. 
 injunction against collection of illegal tax. 
 
 2, 98. 
 judgment, validity and conclusiveness of. 
 
 42, 657. 
 lis pendens in suits to enforce lien for 
 
 taxes. 56, 856. 
 nature of tax as relating to right to sue. 
 
 42, 655, 656. 
 owner not liable for taxes assessed against 
 
 another. 42, 657. 
 personal judgment, recovery of. 42, 655- 
 
 661. 
 recovery of personal judgment. 42, 655- 
 
 661. 
 special remedy for collection of taxes not 
 
 exclusive. 42; 658, 659. 
 suit for balance after one action has 
 
 brought. 42, 656, 657. 
 tax collectors' bonds, liability on. 91, 
 
 552-555. 
 unknown owners, enforcement against. 
 
 87, 367. 
 
 VII. Sale of L.ana for Taxes. 
 
 caveat emptor, rule of, applies to tax 
 
 sale. 42, 588. 
 refunding money paid at void sale. 42, 
 
 589-591. 
 void sale, right to recover money paid 
 
 at. 42, 588-591. 
 
 VIII. Tax Titles. 
 
 Tax titles generally. 
 
 tax title, litigation of in mortgage fore- 
 closure. 1, 189. 
 Tax deeds. 
 
 caveat emptor, rule, applies to tax sale. 
 42, 588. 
 
 power of legislature to make tax deeds 
 evidence, or to shut off defenses thereto. 
 4, 187-189. 
 
 retroactive effect of statute-making tax 
 deeds evidence. 4, 189. 
 
 tax deed as conclusive evidence. 4, 187, 
 188; 36, 686-688. 
 
 tax deeds as evidence of title. 28, 19, 20. 
 
 tax deeds as prima facie evidence. 36, 
 683, 684. 
 
 tax deed gives color of title usually. 88, 
 726-729. 
 
 tax deed may be made prima facie evi- 
 dence. 4, 188, 189. 
 
 tax deeds, reformation of. 65, 514. 
 
 tax deed, when a cloud on title. 45, 377. 
 
243 
 
 INDEX-DIGEST TO KOTES. Telegraphs and Telephones 
 
 Who may purchase tax titles. 
 
 adverse claimant taking, effect of. 75, 
 
 231. 
 agent may not purchase. 75, 231-233. 
 agent purchasing, assignment by, effect. 
 
 75, 232, 233. 
 attorney of owner of land purchasing, 
 when may and when not. 75, 233, 234. 
 city and county purchasing, under statu- 
 tory authority. 75, 234, 235. 
 cotenant acquiring through third parties, 
 when he may and when not. 75, 239, 
 240. 
 cotenant cannot purchase, as against other 
 
 cotenants. 75, 235-238. 
 cotenant purchasing, is trustee for other 
 
 cotenants. 75, 236-238. 
 guardian cannot purchase, to ward's prop- 
 erty. 75, 240. 
 heirs acquiring, secure no additional title. 
 
 75, 240. 
 husband may acquire, to land of which 
 
 wife is heir. 75, 241. 
 licensees purchasing. 75, 242. 
 lienholders purchasing. 75, 243. 
 mortgagee by purchase of, cannot defeat 
 
 prior mortgage. 75, 244, 245. 
 mortgagee in possession cannot purchase. 
 
 75, 243, 244. 
 mortgagee out of possession may purchase, 
 unless it would be a. fraud on the mort- 
 gagor's rights. 75, 244. 
 oflBcer conducting sale of, cannot purchase. 
 
 75, 247, 248. 
 officer purchasing, sale voidable only. 
 
 75, 247. 
 owner may purchase, where tax levied 
 
 prior to his ownership. 75, 249. 
 owner purchasing, amounts to mere pay- 
 ment of taxes. 75, 248. 
 partnership purchasing. 75, 249. 
 persons bound by agreement to pay taxes 
 
 cannot purchase. 75, 251, 252. 
 persons in possession may purchase, if 
 under no duty to pay tax. 75, 249-251. 
 persons out of possession claiming under 
 
 void tax sale may purchase. 75, 251. 
 purchaser at administrator's sale not ac- 
 quire, so as to cut off mortgage. 75, 
 231. 
 purchaser under duty to pay taxes cannot 
 
 purchase, as against vendor. 75, 253. 
 tenant by sufferance cannot purchase. 
 
 75, 252. 
 tenant cannot purchase, where under obli- 
 gations to pay taxes. 75, 241. 
 tenant for life cannot purchase. 75, 252. 
 tenant for years cannot purchase. 75, 
 
 252. 
 tenant may acquire valid, if under no ob- 
 ligation to pay taxes. 75, 242. 
 trustee cannot purchase. 75, 253. 
 trustee, when may purchase. 75, 230, 231. 
 who may purchase and enforce. 75, 229- 
 
 253. 
 wife may purchase, though husband under 
 obligation to pay taxes. 75, 240, 241. 
 
 IX. Collateral Inlieritance Taxes. 
 
 collateral inheritances, taxation of, con 
 stitutionality of laws. 41, 580-582. 
 
 Taxation — Continued. 
 
 collateral inheritances, taxation of, per- 
 sonal property affected by. 41, 583, 
 584. 
 
 collateral inheritances, taxation of, per- 
 sons affected by. 41, 582, 583. 
 
 collateral inheritances, taxation of, prop- 
 erty affected by. 41, 583-585. 
 
 collateral inheritances, taxation of, real 
 property affected by. 41, 584, 585. 
 
 taxation of collateral inheritances. 41, 
 580-585. 
 
 TAX COLLECTOR. 
 
 bonds of, liability on. 91, 552-555. 
 
 TAXPAYERS. 
 
 injunction in favor of. 2, 93. 
 
 laches as defense to suits by. 2, 104. 
 See Municipal Corporations. 
 
 suit by, to enjoin collection of illegal tax. 
 2, 98. 
 
 suit by, to enjoin illegal acts of munici- 
 pality. 2, 97-102. 
 
 suit by, to enjoin issuance of bonds. 2, 
 98, 101. 
 
 suit by, to enjoin levy of tax. 2, 95. 
 
 suit by, to enjoin misappropriation of 
 public money and property. 2, 92-105. 
 
 suits by, upon contract between a water 
 company and a city. 71, 196. 
 
 when bound by judgments against munici- 
 palities. 27, 196-198. 
 
 TEACHERS. 
 
 power of, to suspend pupils. 65, 331. 
 
 TEAMSTERS. 
 
 whether are laborers. 58, 308. 
 
 TELEGRAPHS AND TELEPHONES. 
 
 Telegraph companies. 
 
 actions by sender of telegram. 71, 196. 
 actual damages sustained by reason of 
 
 failure, delays, or errors, in sending 
 
 message. 10, 782-785. 
 addressee of message, damages, stipula- 
 tions respecting, when binding upon. 
 
 61, 216, 217. 
 addressee of message, time within which 
 .may sue for nondelivery of. 61, 216, 
 
 217. 
 are employed in public use. 62, 290. 
 burden of proof to establish or rebut 
 
 negligence. 27, 925. 
 damages for injury to feelings. 10, 788- 
 
 790. 
 damages for negligence of. 10, 711, 712. 
 damages which do not naturally and proxi- 
 
 matelv follow failure to send message. 
 
 10, 779, 782. 
 delivery to other person than addressee, 
 
 effect of. 27, 925. 
 diligence required in finding person ad- 
 dressed. 27, 923, 924. 
 diligence, whether a question of law or 
 
 fact. 27, 925. 
 duty to find person addressed. 27, 923- 
 
 925. 
 
Tenancy in Common 
 
 INDEX-DIGEST TO KOTES. 
 
 244 
 
 Telegraph companies—Oontinued. 
 
 element of damage in action for failure 
 to send or deliver messages. 10, 778- 
 790. 
 
 failure of sender to designate definite ad- 
 dress, effect. 27, 924. 
 
 free delivery limits, failure to deliver be- 
 yond, effect. 27, 924. 
 
 insufScient service, effect of. 27, 925. 
 
 knowledge of importance of message as 
 affecting question of damages. 10, 785, 
 786. 
 
 liability for mistake in transmitting mes- 
 sage. 1, 228, 229. 
 
 liability of telegraph companies. 10, 711. 
 
 limiting liability for negligence. 10, 711. 
 
 mental anguish as element of damages 
 in actions against telegraph com- 
 panies. 7, 534. 
 
 negligence in finding addressee. 27; 923- 
 925. 
 
 penalty imposed by statute for failure to 
 send or deliver message. 10, 790. 
 
 place of contract made by telegram. 55, 
 47. 
 
 receiver of message, failure of, to pre- 
 sent claim for damages within the time 
 specified in the blank. 61, 215, 217. 
 
 receiver of message, not bound by stipula- 
 tions in the message delivered not con- 
 tained in message as sent. 61, 216. 
 
 receiver of message, whether bound by 
 stipulations in the printed blanks. 61, 
 214, 217. 
 
 state regulation of. 27, 559. 
 
 stipulation in blanks, whether binding on 
 receiver of message. 61, 214-218. 
 
 taxing business of. 27, 559. 
 
 telegrams as evidence in conspiracy. 3, 
 484, 485. 
 
 tort, action of, by an addressee of a mes- 
 sage for mistake in transmitting it or 
 for failure to deliver it. 61, 217, 218. 
 
 unrepeated message, efl'ect of failure to 
 deliver. 27, 924. 
 
 when message discloses its importance. 
 10, 786-788. 
 
 Telephone companies. 
 
 are common carriers. 10, 128. 
 
 charges for use of telephone. 10, 139. 
 
 definition of. 10, 128. 
 
 discrimination by. 10, 131-133. 
 
 duties are similar to those of carriers and 
 
 telegraph companies. 10, 131. 
 duty to furnish equal facilities to all per- 
 sons. 10, 131. 
 eminent domain, right to exercise power 
 
 of. 10, 130. 
 may prescribe rules. 10, 130. 
 right to enter on private property. 10, 
 
 131. 
 right to erect poles in street. 10, 131. 
 rules prescribed and enforced by. 10, 
 
 130. 
 state regulation of. 27, 549, 559. 
 statutes applicable to telegraphs apply to. 
 
 10, 128-130. 
 telephones are employed in public use. 
 
 62, 290. 
 telephone corporations. 10, 128-136. 
 the law of telephones. 10, 128-136. 
 
 Poles and wires in street. 
 
 additional servitudes, when constitute. 
 51, 550. 
 
 compensation for use of streets by, cases 
 holding abutting owner entitled to. 28, 
 233-235. 
 
 compensation for use of streets by, cases 
 holding abutting owner not entitled to. 
 28, 230-233. 
 
 municipal corporation not authorize use of 
 streets by, without compensating prop- 
 erty owner. 28, 233. 
 
 poles and wires in streets and highways 
 and across private property. 28, 229- 
 236. 
 
 poles, erection of, without authority. 28, 
 229. 
 
 poles in highway, compensation for, 
 whether legislature may deprive land- 
 owner of right to. 28, 229, 230. 
 
 poles in highways, legislative power to 
 authorize. 28, 229. 
 
 private property may not be invaded by. 
 28, 235. 
 
 use of streets by, whether an additional 
 servitude. 28, 230-232. 
 
 wires in streets and highways and across 
 private property. 28, 229-236. 
 
 wires in street as taking property for pub- 
 lic use. 16, 614. 
 
 TENANCY IN COMMON. 
 I. Creation of Relation. 
 II. Mntnal Rl^Iits, Unties, and Lilablll- 
 tles of Cotenants. 
 III. Rigrlits and Liabilities as to Third 
 Persons. 
 
 1. Creation of Relation. 
 
 cotenancy in mines. 91, 851-889. 
 
 cotenancy in mines. See Mines and Min- 
 erals. 
 
 partners after dissolution, whether co- 
 tenants. 40, 563. 
 
 presumption that partnership realty is 
 held as tenants in common. 48, 66. 
 
 II. Mutnal Rishts, Duties and liiabillties 
 of Cotenants. 
 
 Cotenamts. 
 
 accounting between, action for is author- 
 ized by the statute of Anne and similar 
 statutes. 52, 924. 
 
 accounting between, action for, what nec- 
 essary to sustain. 62, 925. 
 
 action to recover possession of the prop- 
 erty. 50, 839-846. 
 
 adverse holding, tenant maintaining is lia- 
 ble for value of use and occupation. 52, 
 928. 
 
 agreement of one to pay rent to the other, 
 when implied. 52, 927-929. 
 
 betterments, whether may recover for. 
 81, 185-188. 
 
 claiming under common source of title, 
 effect of. 47, 78, 79. 
 
 coparceners, liability of one to another 
 for use and occupation of the common 
 property. 52, 930. 
 
 convevarce tt". s^^vfivoHv i-.. 
 
 OO OCT 
 
245 
 
 INDEX-DIGEST TO NOTES. 
 
 Thumb 
 
 Cotenan ts — Continued. 
 
 conveyance, right of one tenant to make. 
 
 21, 593-595. 
 cotenants in mines. 91, 851-889. 
 easement, one tenant cannot create. 21, 
 594, 595. 
 
 ejectment, form of judgment in favor of 
 one cotenant against another. 50, 845. 
 
 forcible entry and unlawful detainer, ac- 
 tion by one cotenant against another. 
 50, 846. 
 
 forcible entry and unlawful detainer, 
 right of cotenants to recover property 
 in. 50, 843. 
 
 grant by one, to take water from common 
 lands is void. 21, 594, 595. 
 
 improvements, compensation for in suits 
 for partition. 52, 939. 
 
 improvements, contributions between co- 
 tenants for. 35, 417, 420. 
 
 improvements made by tenants in posses- 
 sion, rent is not to be charged for. 52, 
 931. 
 
 improvements, paying for out of the pro- 
 ceeds of a sale of partition. 52, 938, 
 939. 
 
 improvements, personal liability for. 59, 
 935. 
 
 improvements, possession, retaining until 
 after they are paid for. 52, 937. 
 
 improvements, promise to pay for, when 
 may be implied. 52, 936. 
 
 improvements, restraining probate parti- 
 tion on account of. 52, 940. 
 
 improvements, setting off in partition to 
 person making them. 52, 938. 
 
 improvements, setting them off against 
 demand for rents and profits. 52, 937. 
 
 lease by one to another, holding over 
 after. 52, 928. 
 
 lien of one cotenant on the moiety of an- 
 other. 35, 416-422. 
 
 mining property, whether profits must be 
 accounted for. 52, 933. 
 
 ofEsets to which occupying tenant is en- 
 titled in accounting for rents and 
 profits. 52, 933. 
 
 ouster, claim of adverse title, when equiv- 
 alent to. 50, 844. 
 
 ouster is essential to sustain an action 
 of ejectment by. 50, 843. 
 
 ouster of one by another, what is. 52, 
 929. 
 
 partition, claims between cotenants ad- 
 justed in. 35, 421. 
 
 personal property, action to recover. 50, 
 840, 841. 
 
 property of, when exempt from execution. 
 1, 593-595. 
 
 real property, right of each cotenant to 
 recover the whole from a stranger. 50, 
 842, 843. ... 
 
 receivers of the property of cotenants. 
 
 rents and profits, accounting for. 35, 418. 
 rents and profits, accounting for can be 
 
 compelled only at reasonable, stated 
 
 periods. 52, 925. 
 rents and profits, liability of one cotenant 
 
 for. 52, 924-941. 
 rents and profits, liability to account for 
 
 was created by the statute of Anne. 
 
 .52, 924, 925. 
 
 Cotenants — Continued. 
 
 rent, implied agreement to pay. 52, 927. 
 
 repairs, action to recover money already 
 expended for. 52, 934. 
 
 repairs, liability for. 50, 746. 
 
 repairs, liability of one cotenant to an- 
 other for. 52, 934. 
 
 trespass to try titles, action by one co- 
 tenant against another. 50, 846. 
 
 trover committed by cotenant. 24, 816- 
 818. 
 
 use and occupation, cases maintaining 
 liability for. 52, 930. 
 
 use and occupation, liability of one co- 
 tenant to account to another for, cases 
 denying. 52, 925, 926. 
 
 use and occupation, liability when prem- 
 ises are not susceptible of joint occupa- 
 tion. 52, 929. , 
 
 use and occupation, statutes imposing lia- 
 bility for. 52, 930. 
 
 III. Rights and liiablllties as to Third 
 Persons. 
 
 actions by cotenants to recover possession 
 of personalty must be joint. 50,' 840. 
 
 actions by cotenant to recover real prop- 
 erty from third persons. 50, 841. 
 
 disability of one of several cotenants in 
 an action. 49, 712-715. 
 
 execution sale of lands of cotenant. 23, 
 651. 
 
 redemption from foreclosure sale by ten- 
 ant in common. 21, 248. 
 
 TENANT. 
 
 as head of family. 70, 114. 
 
 See Landlord and Tenant. 
 
 TESTS. 
 
 of appropriation of water. 60, 802. 
 
 of conditional sales. 46, 295. 
 
 of insane delusions. 63, 93, 94. 
 
 of justice of discrimination by carrier. 
 
 11, 649. 
 of measure of value for destruction of 
 
 property. 62, 791-800. 
 of proximate cause. 36, 810. 
 of undue influence, no precise. 31, 670. 
 of usury. 46, 179. 
 
 TESTAMENTARY CAPACITY. 
 
 how affected by insane delusions. 63, 
 94-96. 
 
 See Wills. 
 
 THEATEB. 
 
 is employed in public use and may be 
 
 regulated. 62, 290. 
 specific performance of contracts for 
 
 management of. 68, 761. 
 ticket, forgery of. 8, 468. 
 
 THKEAD OF STREAM. 
 
 as boundary line. 27, 58. 
 
 THUMB. 
 
 cutting off, as mayhem. 65, 773. 
 
Tickets 
 
 INDEX-DIGEST TO NOTES. 
 
 243 
 
 TICKETS. 
 
 are mere vouchers. 5, 723, 727. 
 
 conditions in unsigned, binding effect of. 
 84, 397-408. 
 
 notices in, limiting liability of carrier. 5, 
 728, 729. 
 
 of passenger, time within which must be 
 used. 61, 101-103. 
 
 of passenger, whether necessary. 61, 79, 
 80. 
 
 passenger, effect of conditions printed on. 
 5, 719-725. 
 
 sleeping-car, liability of company for re- 
 fusal of servants to recognize. 26, 340. 
 
 TIDE LANDS. 
 
 belong to the states. 53, 298, 299. 
 
 TIME. 
 
 computation of days. 78, 385. 
 
 computation of, exclude first or last day. 
 78, 376. 
 
 computation of, excluding the first day. 
 78, 372-374. 
 
 computation of, first and last days, when 
 both should be excluded. 78, 375. 
 
 computation of, fractions of a day, when 
 disregarded. 78, 380-382. 
 
 computation of, fractions of a day, when 
 recognized. 78, 382, 383. 
 
 computation of, from or after a specified 
 date. 78, 375. 
 
 computation of, holidays, when should be 
 excluded. 78, 380. 
 
 computation of, include first day. 78, 
 376, 377. 
 
 computation of, in relation to rule against 
 perpetuities. 49, 119. 
 
 computation of months. 78, 384, 385. 
 
 computation of, solar time as the stand- 
 ard. 78, 386. 
 
 computation of, Sundays, when should be 
 excluded. 78, 377-380. 
 
 computation of, Sundays, when should be 
 included. 78, 379. 
 
 computation of, to save forfeitures. 78, 
 372, 375. 
 
 computation of weeks. 78, 384. 
 
 computation of years. 78, 384. 
 
 dying declarations, when may be made. 
 86, 663-665. 
 
 for appointment of receiver. 72, 38-40. 
 
 for assignment of dower. 39, 30-32. 
 
 for challenging grand jurors. 12, 907-909. 
 
 for doing act, rules of court prescribing. 
 41, 639-641. 
 
 for holding elections. 90, 65, 66. 
 
 for presenting claim against express com- 
 pany for loss of goods. 61, 370, 371. 
 
 lapse of, presumption of payment from. 
 18, 879-888. 
 
 length of, not sole test of laches. 2, 795. 
 
 no test as to proximate cause. 36, 811. 
 
 of bringing action against carrier, limiting 
 by contract. 13, 785. 
 
 of paying municipal debt as affecting pro- 
 hibition against. 44, ?39, 240. 
 
 of payment of municipal bonds. 51, 851. 
 
 of serving process. 61, 487, 488. 
 
 when application for partition of deced- 
 ent's estate must be made. 41, 141. 
 
 Time — Continued. 
 
 when municipal debt is considered a debt. 
 44, 241. 
 
 within which infant must disafSrm con- 
 tract. 18, 679-681. 
 
 within which motion to vacate a judg- 
 ment must be made. 52, 795-799. 
 
 within which preferred claims may be 
 allowed against railroads. 54, 413. 
 
 within which to move to vacate judgment. 
 60, 660. 
 
 within which to sue telegraph company for 
 nondelivery of message. 61, 216, 217. 
 
 TITLE. 
 
 by accession. See Accession. 
 
 deeds, deposit of, as equitable mortgage. 
 4, 697-699. [ 
 
 litigation of, in foreclosure suits. 68, 
 354-362. 
 
 of appropriator of water. 60, 800-810. 
 
 of executors, when accrues. 45, 666. 
 
 of holder of collateral security. 32, 711, 
 712. 
 
 of ward's property not in guardian. 89, 
 270, 271. 
 
 purchase from one who has no title. 3, 
 195-206. 
 
 to land under navigable streams. 19, 228- 
 231. 
 
 to money or paper deposited with bank or 
 collected by bank. 86, 776-795. 
 
 to property in hands of receivers. 71, 353. 
 
 to statutes. See Statutes. 
 
 to statutes, sufficiency of. 64, 70-107. 
 
 to statutes, when embraces but one sub- 
 ject and what may be included there- 
 under. 79, 456-486. 
 
 to surface and minerals severable. 24, 
 554. 
 
 upon consignment of goods for sale. 45, 
 203-210. 
 
 when passes upon sale. 22, 866. 
 
 TOE. 
 
 cutting off, as mayhem. 65, 773. 
 
 TONNAGE. 
 
 state charges upon, what forbidden as. 
 27, 556, 557. 
 
 TOOLS. 
 
 exempt from execution. 22, 253. 
 
 TOOTH. 
 
 depriving of, as mayhem. 65, 773. 
 
 TORTS. 
 
 action by addressee of telegram. 61, 217, 
 
 218. 
 amendments to pleadings in tort actions. 
 
 51, 432. 
 as being proximate cause of injuries. 36, 
 
 850. 
 attorneys' fees as element of damage in. 
 
 8, 160. 
 conflict of laws respecting damases for. 
 
 91, 725-731. 
 corporate liability for. 59, 589. 
 
247 
 
 INDEX-DIGEST TO NOTES. Trademarks and Trade Names 
 
 Torts — Coniinued. 
 
 corporate liability for, not defeated by 
 
 doctrine of viltra vires. 70, 159. 
 criminal torts, punishment for, effect as 
 
 to exemplary damages. 28, 882. 
 .directors of corporation, when liable for. 
 
 74, 610-612. 
 electing remedy in, or contract. 1, 627, 
 
 628. 
 executors have no authority to commit. 
 
 52, 129. 
 exemplary damages against corporations 
 
 for. 59, 590. 
 exemplary damages for. 28, 878, 879; 91, 
 
 728. 
 infant's liability for. 18, 720-724. 
 interest as damages for. 91, 740, 741. 
 judgments for, whether enforceable 
 
 against homestead. 45, 388, 389. 
 liability of agent for. 22, 512-514. 
 liability of city for. of officers. 34, 27, 
 
 28. 
 liability of married women for. 2, 579, 
 
 580. 
 lunatic's liability for. 42, 753-755. 
 marine torts causing death, action for. 
 
 70, 681. 
 mental anguish as element of damages in. 
 
 7, 535. 
 mistake or ignorance does not excuse. 55, 
 
 514. 
 of agents of express companies, liability 
 
 for. 61, 381. 
 of agent, principal's liability for. 88, 
 
 786-797. 
 of children, parents not answerable for. 
 
 74, 801, 802. 
 of corporate officers committed beyond the 
 
 scope of their authority. 48, 920, 922. 
 of independent contractor, master's lia- 
 bility for. 76, 382-428. 
 of infants connected with contracts. 18, 
 
 720-724. 
 of officers, municipal liability for. 30, 
 
 376-413. 
 of partnership, liability for. 67, 38-51. 
 of servants, master's liability for. 54, 
 
 85, 86. 
 proceedings in, not within prohibition 
 
 against imprisonment for debt. 37, 
 
 760, 761. 
 suit in, waives suit on contract. 10, 491. 
 using estrays is. 8, 273. 
 
 TOTAL LOSS. 
 
 meaning of, in insurance. 59, 810-814. 
 
 TOWNS. 
 
 Government and officers. 
 
 acts of officers which bind township. G, 
 
 131. 
 amendment of ordinance. 13, 552. 
 amendment of records by clerk. 13, 552, 
 
 5S3. 
 amendment of records, how compelled. 
 
 13, 554. 
 
 conclusiveness of records of town meet- 
 ings, and power to amend. 13, 550-554. 
 
 omission in record, parol evidence to sup- 
 ply. 13, 551. 
 
 (fovernment and officers — Continued. 
 
 town clerks' bonds, liability on. 91, 568, 
 569. 
 
 TOWN LOTS. 
 
 distributing, at lottery. 16, 45. 
 
 TRADE. 
 
 boards of, control of courts over. 08, 
 
 860. 
 taxation of. 8, 508. 
 
 TRADE FIXTURES. 
 
 what are. 84, 883-887. 
 who may remove from realty. 84, 883- 
 887. 
 
 TRADEMARKS AND TRADE NAMES. 
 I. Marks and Names Snbjects of Otvii- 
 ership. 
 11. Assisnnient. 
 111. Infringement and Unfair Competi- 
 tion. 
 
 1. Marks and Names Subjects of Owner- 
 sliip. 
 
 Words which constitute trademarks. 
 
 arbitrary names may be used for trade- 
 marks. 85, 88-91. 
 
 books, names of, may be valid trademarks. 
 85, 113, 114. 
 
 color is not the subject of a trademark. 
 85, 120, 121. 
 
 color, when combined with other things 
 may form a valid trademark. 85, 120, 
 121. 
 
 copyrighted publication, name of, may not 
 generally be used as a trademark after 
 expiration of copyright. 85, 116, 117. 
 
 corporate names may be valid trademarks. 
 85, 106, 107. 
 
 descriptive meaning of words an acquired 
 one, trademark is valid. 85, 99, 100. 
 
 descriptive words as trademarks. 85, 91- 
 102. 
 
 descriptive words which may be used as 
 trademarks. 85, 100, 101. 
 
 device not previously used may be good 
 trademark. 85, 123-125. 
 
 fanciful names may be used for trade- 
 marks. 85, 88-91. 
 
 form of article or package not ordinarily 
 a valid trademark. 85, 121-123. 
 
 form of article or package, when may be 
 used as a trademark. 85, 121-123. 
 
 generic terms are not generally good 
 trademarks. 85, 96-98. 
 
 generic terms, when may be a valid 
 trademark. 85, 96-98. 
 
 geographical names as such cannot be ex- 
 clusively appropriated as trademarks. 
 85, 107-111. 
 
 geographical names as trademarks. 85, 
 107-112. 
 
 geographical names may be used to desig- 
 nate mineral waters. 85, 111, 112. 
 
 geographical names, when one will be 
 protected in the use of. 85, 107-112. 
 
Trademarks and Trade Names INDEX-DIGEST TO NOTES. 
 
 248 
 
 Words which constitute trademarks — Cont'd. 
 
 letters, arbitrary combination of, may be 
 exclusively appropriated. 85, 117, 118. 
 
 name of article in common use cannot be 
 exclusively appropriated. 85, 112, 113. 
 
 name of inventor, maker, or proprietor, 
 when may be used as a trademark. 85, 
 102, 103. 
 
 name of material in common use cannot 
 be exclusively appropriated. 85, 112, 
 113. 
 
 novelty and utility, trademark should 
 show. 85, 88. 
 
 numerals, arbitrary combination of, may 
 be appropriated as a trademark. 85, 
 118-120. 
 
 numerals which denote quality are not a 
 valid trademark. 85, 119-120. 
 
 origin and ownership, trademark must ex- 
 press. 85, 85, 86. 
 
 patent, name of, may not generally be 
 used as a trademark on expiration of 
 patent. 85, 116, 117. 
 
 personal fictitious names may be appro- 
 priated as trademarks. 85, 107. 
 
 personal name, right to use as a trade- 
 mark as against others of the same 
 name. 85, 102-106. 
 
 pictures, when deemed a good trademark. 
 85, 123-125. 
 
 proper and personal names, when and 
 when not a valid trademark. 85, 102- 
 107. 
 
 publication, name of, may be a valid 
 trademark. 85, 113, 114. 
 
 signs, trade, when may be appropriated 
 as trademarks. 85, 114, 115. 
 
 suggestive words are valid trademarks. 
 85, 101, 102. 
 
 suggestive words if not descriptive are 
 valid trademarks. 85, 101, 102. 
 
 symbols not previously used may be a 
 good trademark. 85, 123-125. 
 
 trade signs, when may be appropriated as 
 trademarks. 85, 114, 115. 
 
 truth, trademark should generally ex- 
 press. 85, 86-88. 
 
 what words or phrases constitute a valid 
 trademark. 85, 83-125. 
 
 words descriptive of character, quality, or 
 grade are not usually a good trade- 
 mark. 85, 91-96. 
 
 words descriptive of quality are not gen- 
 erally a good trademark. 85, 91-96. 
 
 words descriptive of use or purpose not 
 generally a valid trademark. 85, 98, 
 99. 
 
 words in common use may be used as a 
 trademark. 85, 113. 
 
 II. ABSlgnment. 
 
 Assignment of trademarks. 
 
 assignee, how may use. 17, 498, 499. 
 
 assignment for benefit of creditors. 17, 
 496. 
 
 assignment of trademark of which as- 
 signor's name is a part. 17, 496-499. 
 
 involuntary assignment of. 17, 496. 
 
 III. Infringement anSl Unfair Competi- 
 tion. 
 
 geographical names, unfair competition in 
 the use of. 85, 108-112. 
 
 infringement of trademarks. 85, 84, 85. 
 
 penal • statutes for the protection of trade- 
 marks. 78, 268. 
 
 unfair competition in the use of personal 
 names. 85, 102-106. 
 
 unfair competition in use of trademark. 
 85, 84, 85. 
 
 use of patent or copyright after its expira- 
 tion, protected from unfair competition. 
 85, 116, 117. 
 
 TRADE UNIONS. 
 
 boycott by. 68, 869. 
 definition of. 68, 869. 
 jurisdiction of courts over fishermen's 
 tmion. 68, 871. 
 
 TRAIN-DISPATCHEE. 
 
 not a fellow-servant with fireman." 18, 
 
 455. 
 
 TRANSITORY. 
 
 actions against foreign corporations. 85, 
 
 922-924. 
 actions, how differ from local. 60, 425. 
 actions, what are. 22, 22-27. 
 actions, when may not be prosecuted in 
 
 a foreign state. 59, 869-885. 
 
 TESTAMENTARY GUARDIANS. 
 
 what are. 89, 266, 267. 
 
 TREASON. 
 
 disbarment of attorney for treasonable 
 
 acts. 45, 77. 
 married women, liability of, for. 33, 91- 
 
 93. 
 
 TREASURER, 
 bonds of, liability on. 91, 555-562. 
 
 TREATIES. 
 
 extradition, right to try for other offenses. 
 
 10, 207-210. 
 may control alien's right to inherit. 12, 
 
 94. 
 
 TRESPASS. 
 I. Trespass and Liability Tlierefor. 
 II. Actions. 
 
 I. Trespass and Liiability TJierefor. 
 
 Trespass. 
 
 betterments, trespasser not allowed for. 
 
 81, 175. 
 care required in dealing with trespassers. 
 
 77, 28. 
 children as trespassers, iniury to. 49, 
 
 416-419. 
 directors of corporation, when liable for. 
 
 74, 611. 
 duty of railroad company to trespassers. 
 
 20, 453. 
 forcible entry by owner is. 19, 544-547. 
 for injuries done to dogs. 67, 291, 292. 
 
249 
 
 INDEX-DIGEST TO NOTES. 
 
 Trial 
 
 Trespass — Continued. 
 
 in larceny, wliat constitutes. 88, 566-584. 
 mistake in committing. 1, 496. 
 municipal corporation, liability of, for. 
 
 34, 27. 
 of animals, liability for. 81, 446. 
 of children, parents not answerable for. 
 
 74, 802. 
 of dogs, right to kill. 67, 294. 
 officers of corporation, liability for. 48, 
 
 921, 922. 
 of independent contractor, employer's lia- 
 bility for. 76, 392. 
 of partnership, liability for. 67, 38-41. 
 of public officers, liability of sureties. 71, 
 
 521. 
 passengers in sleeping-car, when not. 26, 
 
 339, 340. 
 property owner, duty to persons coming on 
 
 real property. 31, 524, 525. 
 trespassers on freight trains. 61, 91-93. 
 trespassers on railroad track, duty 
 
 toward. 30, 53-55. 
 
 II. Actions. 
 
 Action for trespass. 
 
 action for, is local. 60, 426, 427. 
 against receivers. 74, 289, 290. 
 amendments to pleadings in. 51, 432, 
 
 433. 
 effect of partial satisfaction by one of 
 
 several trespassers. 11, 906-909. 
 exemplary damages against corporations 
 
 for. 59, 600, 601. 
 exemplary damages for. 28, 879, 880. 
 for abuse of process. 86, 408, 409. 
 judgment, vesting' of title by, for value 
 
 of personal property converted. 42, 
 
 433-435. 
 jurisdiction for trespass on high seas. 6, 
 
 189, 190. 
 lis pendens in actions for trespass on real 
 
 property. 56, 864. 
 statutory penalties for cutting down, in- 
 juring, destroying, or carrying away 
 
 timber. 1, 496, 497. 
 to protect mortgagee's rights. 43, 434, 
 
 435. 
 trespasser, when may recover for injuries 
 
 received. 32, 470-472. 
 
 TRESPASS TO TRY TITLE. 
 
 by one cotenant against another. 50, 846. 
 
 TBIAL. 
 I. Public Trial. 
 II. Condnct of Trial. 
 
 III. Reception of Evidence. 
 
 IV. Argument and Conduct of Counsel. 
 V. Instructions to Jury. 
 
 VI. Verdict. 
 
 I. Public Trial. 
 
 public trial, right to, and what are in- 
 fringements upon. 28, 308, 309. 
 
 II. Conduct of Trial. 
 
 burden of proof generally. 16, 439, 440. 
 
 Trial — Continued. 
 
 invasion by the court of the province of 
 
 the jury. 14, 36-48. 
 nonsuit, judgment of, as res judicata. 
 
 49, 831-833. 
 withdrawing a juror. 78, 781-783. 
 
 111. Reception of Evidence. 
 
 books and papers, production of, when 
 will not be compelled. 32, 643-648. 
 
 burden of proof. 16, 439, 440. 
 
 criminal cases, footprints evidence of 
 measurement of. 53, 383. 
 
 evidence given on former trial, admissi- 
 bility of. 91, 192-208. 
 
 experiments, evidence of, in criminal 
 cases. 53, 382. 
 
 obliging one to produce evidence against 
 himself. 61, 353-355. 
 
 order of proof in conspiracy. 3, 489, 490. 
 
 physical examination in criminal cases. 
 68, 251. 
 
 power to compel party to produce books 
 and papers as evidence. 41, 388-396. 
 
 privileged communications, objection to 
 admission in evidence of. 29, 423. 
 See Evidence. 
 
 IV. Argument and Conduct of Counsel^ 
 
 Argument and conduct of counsel. 
 
 appeal to local prejudices are improper. 
 9, 568, 569. 
 
 arguments of counsel, discretion, of court 
 to limit. 46, 23. 
 
 arguments of counsel, length of, whether 
 may be predetermined by the court. 
 46, 24. 
 
 argument of counsel, limitations upon. 
 46, 23-28. 
 
 arguments of counsel, limitations upon 
 must not essentially impair the right 
 to a full defense. 46, 27. . 
 
 arguments of counsel, limitations upon 
 which have been adjudged reasonable. 
 46, 26, 27. 
 
 arguments of counsel, reasonable limita- 
 tions upon, what are. 46, 26. 
 
 argument of questions of law before jury. 
 1, 754. 
 
 comment of counsel upon failure to call, 
 when improper. 66, 183. 
 
 comment on testimony offered and ex- 
 cluded. 9, 565. 
 
 conduct of counsel when so seriously im- 
 proper as to call for reversal of judg- 
 ment. 9, 559. 
 
 fact that change of venue had cannot be 
 commented upon. 9, 568. 
 
 former conviction of defendant must not 
 be alluded to. 9, 567, 568. 
 
 in libel prosecution, counsel may argue 
 contrary to court's instructions. 13, 
 626. 
 
 language calculated to humiliate and de- 
 grade defendant. 9, 566. 
 
 misconduct of counsel in argument. 9, 
 559-569. 
 
 misconduct of counsel, when and how may 
 be cured. 9, 569, 570. 
 
 not tell jury that wrongful conviction 
 may be righted by appeal. 9, 569. 
 
Trover 
 
 INDEX-DIGEST TO NOTES. 
 
 250 
 
 Argument and conduct of counsel — Continued. 
 omission of defendant to testify in his 
 
 own behalf must not be commented on. 
 
 9, 567. 
 reading law books to jury. 1, 754. 
 statements of counsel in argument which 
 
 amount to error. 10, 376, 377. 
 undignified and uncalled for personal 
 
 abuse by counsel. 9, 565, 566. 
 
 V. Instructions to Jnry. 
 
 Instructions to jury. 
 
 allusion of judge in instructions to stand- 
 ing or credibility of witness. 14, 45-47. 
 
 charge based on conflicting facts. 14, 44; 
 
 charge based on facts not in evidence. 
 14, 44. 
 
 charge may assume truth of undisputed 
 facts. 14, 37. 
 
 charge may refer to evidence as tending to 
 prove a fact. 14, 37. 
 
 charge may refer to evidence as un- 
 corroborated or contradicted. 14, 44, 
 45. 
 
 charge must not assume as true disputed 
 facts. 14, 44. 
 
 charge must not draw inferences from evi- 
 dence unless inevitable. 14, 37-39. 
 
 charge must not show conclusion on ques- 
 tion of fact. 14, 39. 
 
 charge must not show hostility to the 
 law or the parties. . 14, 40. 
 
 charge on matters of fact, in what courts 
 permitted. 14, 36. 
 
 charge showing hostility to a defense of 
 . alibi. 14, 41-44. 
 
 charge shovring hostility to a defense or 
 cause of action. 14, 40-44. 
 
 instructions in conspiracy. 3, 490. 
 
 instructions in false pretenses. 25, 391, 
 392. 
 
 instructions in prosecution for libel. 13, 
 626, 627. 
 
 instructions may correct error In admit- 
 ting evidence to show number of plain- 
 tiff's family, which tends to enhance 
 damages. 85, 839, 840. 
 
 invasion by the court of the province of 
 the jury. 14, 36-48. 
 
 law and fact, jury as judges of. 42, 290- 
 295. 
 
 opinion of judge on credibility of witness 
 not allowed. 14, 44-46. 
 
 sneering remarks of judge on evidence. 
 14, 47. 
 
 statement of testimony by judge must be 
 without bias. 14, 37. 
 
 VI. Verdict. 
 
 setting aside verdict for excessive exem- 
 plary damages. 28, 878. 
 
 TROVER. 
 I. Acts Constituting Conversion and 
 IiiabilitT Tlierefor. 
 II. Actions. 
 
 I. Acts Constituting Con-version and 
 Liiabllity Tlierefor. 
 
 Oon/eersion. 
 
 abuse of authority may constitute. 24, 
 797. 
 
 agent's liability for. 24, 812-814. 
 
 brokers, when guilty of. 74, 480. 
 
 by abetting and encouraging wrongdoers. 
 • 24, 798, 803. 
 
 by abuse of property, whereby it is lost 
 or injured. 24, 805. 
 
 by bailees. 24, 814, 815. 
 
 by common carrier. 24, 815, 816. 
 
 by cotenants. 24, 816-818. 
 
 by delivering property to one not entitled 
 to possession. 24, 801. 
 
 by exercise of dominion over property. 
 24, 798. 
 
 by express companies. 61, 384. 
 
 by innocent purchaser of property. 24, 
 797, 805. 
 
 by levy without taking manual possession. 
 24, 798, 799. 
 
 by pledgee. 24, 797. 
 
 by pledging another's property. 24, 800. 
 
 by sale without authority. 24, 797. 
 
 by sheriff. 24, 797. 
 
 by threats. 24, 800. 
 
 conversion by executors and administra- 
 tors. 52, 130. 
 
 conversion of chattels by corporation 
 officers. 48, 922. 
 
 conversion of collateral security by 
 holder. 32, 724, 725. 
 
 conversion of goods by carrier who de- 
 livers to one not the owner. 34, 734. 
 
 conversion of personalty sufficient to sus- 
 tain trover. 24, 795-819. 
 
 corporations, liability of, for. 59, 601. 
 
 definitions of. 24, 795-797. 
 
 demand and refusal to deliver possession 
 as constituting. 24, 806-808. 
 
 demand upon innocent purchaser, necessity 
 for. 24, 798. 
 
 dogs, conversion of. 67, 291-293. 
 
 intent of wrongdoer, when material. 24, 
 804. 
 
 negligence or nonfeasance does not con- 
 stitute. 24, 808. 
 
 partnership, liability for. 67, 42, 43. 
 
 possession, taking of, when not essential 
 to. 24, 798, 799. 
 
 refusal to deliver, when constitutes. 24, 
 806, 807. 
 
 return of property after, whether owner 
 must accept. 24, 808-811. 
 
 servant's liability for. 24, 811, 812. 
 
 what may be converted. 24, 818, 819. 
 
 who may recover for. 24, 796. 
 ^ words alone, when amount to. 24, 798. 
 
 11. Actions. 
 
 actions between husband and wife. 73, 
 
 278. 
 action of trover is transitory. 22, 24. 
 amendments to pleadings in trover. 51, 
 
 433. 
 damages from conversion by mistake, 
 
 duty of injured person to repurchase 
 
 property and diminish his damages. 0, 
 
 365. 
 
251 
 
 INDEX-DIGEST TO NOTES. 
 
 Trusts 
 
 Trover — Continued. 
 
 damages, mitigation of, by return of prop- 
 erty. 24, 811. 
 
 judgment, vesting of title by, for value 
 of personal property converted. 42, 
 433-435. 1 
 
 receivers, actions against. 74, 289. 290. 
 
 TRUST FUND. 
 
 corporate assets as. 42, 767; 57, 63-65. 
 
 TRUSTS. 
 I. Creation, Existence, and Validity. 
 II. Construction and Operation. 
 III. Management and Disposal of Prop- 
 erty. 
 rV. Execution of Trust. 
 
 V. Compensation of Trustee. 
 TI. Enforcement of Trust. 
 
 I. Creation, Existence, and Validity. 
 
 Voluntary trusts. 
 
 acceptance by trustee of, necessity for. 
 34, 214, 215. 
 
 acceptance of benefits of, by donee, unnec- 
 essary. 34, 214. 
 
 arising from declaration of trustor. 34, 
 189-224. 
 
 assignment of cboses in action as. 34, 
 210-212. 
 
 assignment of equitable interest as. 34. 
 208, 209. 
 
 assignment of property as. 34, 203-207. 
 
 assignment of stock as. 34, 209, 210. 
 
 bank deposit as, effect of notice of trust 
 to donee. 34, 224. 
 
 bank deposit as, effect of privity of donee. 
 34, 223, 224. 
 
 bank deposits as, parol evidence admissi- 
 ble to rebut presumption of. 34, 220, 
 221. 
 
 bank deposit held as, effect of possession 
 of bank-book. 34, 223. 
 
 bank deposit held as, existence of, a ques- 
 tion of fact. 34, 222, 223. 
 
 bank deposits held as, when complete. 
 34, 221, 222. 
 
 bank deposit held as, when invalid because 
 testamentary in character. 34, 224. 
 
 bank deposits in trust for another as. 
 34, 219, 220. 
 
 cases showing donor as trustee in. 34, 
 207, 208. 
 
 creation of, a question of fact. 34, 2io 
 
 declaration of, by conveyance of property 
 to trustee. 34, 200, 201. 
 
 declaration of, testamentary in character, 
 effect of. 34, 215, 216. 
 
 declaration of, when complete. 34, 199, 
 200. 
 
 declaration of, where settlor constitutes 
 himself trustee. 34, 201. 
 
 deed for benefit of creditors is. 34, 219. 
 
 delivery of subject of, necessity for. 34, 
 213, 214. 
 
 effect of meritorious consideration on. 34, 
 191-193. 
 
 enforcement of declaration of, in anoth- 
 er's favor. 34, 201, 202. 
 
 Voluntary trusts— Continued. 
 
 executed and executory, foundation of dis- 
 tinction between. 34, 198, 199. 
 
 formal requisites of instruments creat- 
 ing. 34, 195. 
 
 gifts from husband to wife, how far sus- 
 tained as. 34, 212. 
 
 imperfect gift as. 34, 203-207. 
 
 imperfect, not enforced in equity. 34, 
 196-198. 
 
 ineffectual attempt to make a gift, effect 
 of. 34, 203-207. 
 
 intention of donor of, how far controlling. 
 34, 202. 
 
 intention shown by ineffectual attempt to 
 assign property. 34, 203-207. 
 
 intention shown by mere promise insuffi- 
 cient declaration of. 34, 202, 203. 
 
 language necessary to create. 34, 195, 
 196. 
 
 parol voluntary trusts in personalty, how 
 created. 51, 389-392. 
 
 of personalty may be created by parol. 
 51, 390. 
 
 partly executed and nartly executorv. 34, 
 198. 
 
 possession retained by grantor of subject 
 of. 34, 213, 214. 
 
 retention by grantor of instrument creat- 
 ing, effect of. 34, 212, '213. 
 
 revocation of. 34, 217, 218. 
 
 revocation of deeds of trust. 20, 858-864. 
 
 revocation of, for fraud. 34, 219. 
 
 revocation of, for mistake. 34, 219. 
 
 revocation of incomplete. 34, 218. 
 
 revocation of naked. 34, 218. 
 
 settlement under seal, effect. 34, 193-195. 
 
 to secure payment of debts. 19, 274, 275. 
 
 to secure payment of loans, not violate 
 rule against perpetuities. 49, 131-133. 
 
 unlawful trusts and monopolies. See 
 Monopolies. 
 
 valid against voluntary assignees. 34, 217. 
 
 valid as against grantor and those claim- 
 ing under him by voluntary conveyances. 
 34, 217. 
 
 voluntary trust, validity of, against cred- 
 itors. 34, 216, 217. 
 
 voluntary trust, validity of, against sub- 
 sequent purchasers. 34, 216, 217. 
 
 voluntary trusts, what settlements are. 
 34, 190, 191. 
 
 Charitable trusts. 
 
 bequest for masses, whether create a 
 charitable or private trust. 65, 120, 
 121. 
 
 charitable trusts, designation of benefi- 
 ciaries. 27, 508-516. 
 
 charitable trusts. See Charities. 
 
 charitable uses or trusts, what are. 63, 
 248-269. 
 
 Spendthrift trusts. 
 
 devises of trusts to be exempt from pay- 
 ment of devisee's debts. 29, 395-398. 
 
 interest of beneficiary, when creditors 
 may reach. 24, 688, 689, 696. 
 
 spendthrift trusts, whether property may 
 be left so as not to be subject to de- 
 mands off beneficiary's creditors. 24, 
 686-697. 
 
Trusts 
 
 INDEX-DIGEST TO NqtES. 
 
 252 
 
 Spendthrift trusts — Continued. 
 termination of. 24, 686. 
 when sustained in the United States. 24, 
 
 690-696. 
 validity of trust providing that property 
 
 shall go to beneficiary to exclusion of 
 
 his alienees and his creditors. 9, 405- 
 
 408. 
 
 Writings in favor of Trustee without naming 
 
 ieneficiary. 
 
 checks purporting to be drawn by trustee, 
 effect of, and notice which may be im- 
 plied from. 82, 514, 515. 
 
 conveyance purporting to be in favor of 
 trustee, effect of. 82, 522-524. 
 
 corporate stocks and securities standing 
 in the name of trustee but not disclos- 
 ing the beneficiary. 82, 516, 517. 
 
 deeds in favor of trustee. 82, 522-524. 
 
 deposit of money in bank in the name of 
 trustee. 82, 520-522. 
 
 devise or bequest of property to trustee 
 without naming the beneficiary. 82, 
 518, 519. 
 
 in wills, parol evidence to establish. 82, 
 517, 518. 
 
 writing, when necessary to the creation 
 of. 82, 513, 514. 
 
 Resulting and constructive trusts. 
 
 constructive trusts in realty. 9, 530. 
 
 in navigable waters in favor of navigation 
 
 and commerce. 53, 293. 
 resulting trusts, when arise. 9, 530. 
 
 II. Construction and Operation. 
 
 charitable trusts, certainty and unity re- 
 quired in. 64, 756-772. 
 
 estate of trustee, extent of. 19, 269, 270. 
 
 forbidden trusts, severability of. 64, 634- 
 646. 
 
 joint tenancy, when created by trusts. 19, 
 275, 276. 
 
 trust deeds as wills. 89, 500. 
 
 III. Management and Disposal of Prop- 
 erty. 
 
 Management generally. 
 
 banks, when may honor checks drawn by 
 trustee. 82, 520, 521. 
 
 contracts of trustees, effect. 19, 67. 
 
 liens against .trust estates in favor of 
 creditors or trustees. 19, 67-72. 
 
 negotiability of note payable to trustee. 
 82, 514. 
 
 pledge of stock standing in the name of 
 trustee. 82, 516. 
 
 redemption of debtor's property from exe- 
 cution sale. 21, 245. 
 
 reservation of trust property from execu- 
 tion. 9, 406-408. 
 
 setoff in favor of and against trustee of 
 insolvent debtor. 47, 595. 
 
 trust property, where taxable. 62, 466. 
 
 voluntary transfer by trustee to cestui 
 que trust. 14, 742. 
 
 Sale of property. 
 
 adjournment of. 19, 291. 
 after termination of power of sale. 19, 
 273. 
 
 Sale of property — Continued. 
 
 all the trustees must participate. 19, 277. 
 
 application of purchase money, when pur- 
 chaser must see to. £9, 281-283. 
 
 bona fide purchaser at. IS, 266, 295, 296. 
 
 cash or credit sale. 19, 288. 
 
 caveat emptor, when applies. 19, 279. 
 
 conditions and restraints upon power to 
 sell. 19, 278. 
 
 conveyances by trustee. 19, 267, 268. 
 
 conveyances, essentials of. 19, 291-293. 
 
 conveyances, recitals in. 19, 291-293. 
 
 death of trustee, effect. 19, 290. 
 
 delegation of trustee's power of sale 19 
 276, 277. ■ ' 
 
 duties of trustees. 19, 285. 
 
 en masse, effect of sales. 19, 286. 
 
 implied power of sale. 19, 271, 272 
 
 invalid sales. 19, 273-280. 
 
 mode of making sale. 19, 280, 284 
 
 notice of sale. 19, 281, 286-288. 
 
 presumption for and against sale. 19, 
 
 power of trustees to sell. 19, 270-278 
 purchasers, rights of. 19, 266, 267 
 resales. 19, 291. 
 
 ^^26V297^ conveyances by trustees. 19, 
 
 sales by trustees. 3, 204. 
 
 terms of sale. 19, 284. 
 
 trustee's right to purchase. 19, 289 290 
 
 vacation of sale, causes for. 19,' 293^ 
 
 who may attack. 19, 295. 
 who may make. 19, 276, 277. 
 who may purchase at. 19, 289. 
 
 IV. Execntlon of Trust. 
 
 discretion of trustee, control of courts 
 over. 6, 885, 886. 
 
 receiver appointed to take charge of prop- 
 erty. 72, 95, 96. 6 1' P 
 
 subagents of trustees. 50 119 
 
 survivorship on death or ' resignation of 
 trustee. 19, 276. 
 
 V. Couipensatlon of Trustee. 
 
 claim for betterments, when trustee al- 
 lowed for. 81, 189. 
 
 reimbursement of trustees out of trust 
 estate. 19, 70-72. 
 
 Vl. Enforcement of Trust. 
 
 Right to follow trust property. 
 
 bank mingling with other moneys on de- 
 posit. 46, 608. 
 
 mingling with other moneys. 46, 608. 
 
 preferences in following trust funds. 46. 
 608. 
 
 right to pursue. 46, 608-610. 
 
 right to pursue and recover trust funds. 
 32, 125-130. 
 
 tracing ward's property converted by 
 guardian. 89, 307. 
 
 trust fund, earmark not indispensable to 
 identification of. 32, 128. 
 
 trust fund followed into partnershin 32 
 129, 130. ^' 
 
 trust funds in insolvent bank, right to re- 
 cover. 86, 802-807. 
 
253 
 
 INDEX-DIGEST TO NOTES. 
 
 Unfair Competition 
 
 Right to follow trust property — Continued. 
 
 trust fund invested in lands may be fol- 
 lowed. 32, 127. 
 
 trust fund may be followed into liands of 
 stranger. 32, 126, 127. 
 
 trust fund, pursuance of, substantial iden- 
 tity sufficient in. 32, 128. 
 
 trust funds, right to pursue and recover. 
 32, 125, 126. 
 
 trust fund, right to pursue ceases, when 
 means of ascertainment fail. 32, 127, 
 128. 
 
 trust money mingled with trustee's money 
 in bank account may be followed. 32, 
 129. 
 
 Trustees' acts hinding on beneficiary. 
 
 beneficiaries, election, right of when a 
 
 trustee violates his trust. 63, 474. 
 beneficiaries, laches in not objecting to 
 
 an unauthorized act of the trustee. 63, 
 
 475. 
 beneficiaries, rights of, against trustee on 
 
 a violation of the trust. 63, 474. 
 conferring indicia of title on trustee, when 
 
 binds beneficiary. 63, 474. 
 construction of powers of trustee. 63, 
 
 468. 
 contravention of trust, acts of trustee in, 
 
 when binding on the beneficiaries. 63, 
 
 467-477. 
 enforcement by third person in whose 
 
 favor made. 71, 177, 187. 
 estoppel to deny the validity of the acts 
 
 of the trustee. 63, 474, 476. 
 judgments against trustees, conclusive- 
 ness against beneficiaries. 73, 165-168. 
 notice of trust, constructive, what is. 63, 
 
 470. 
 notice of trust, what sufficient. 63, 470, 
 
 471. 
 powers of trustees, construction of. 63, 
 
 468. 
 purchaser from trustees with notice of 
 
 the trust. 63, 469. 
 purchaser from trustees without notice of 
 
 the trust. 63, 469. 
 purchaser's reliance on face of trust deed. 
 
 63, 473, 474. 
 purchaser's reliance on records. 63, 471- 
 
 473. 
 purchaser with notice of trust from pur- 
 chaser without notice of. 63, 469. 
 purchaser without notice of trust from 
 
 purchaser with notice of. 63, 469. 
 ratification of unauthorized act of trus- 
 tee by acquiescence. 63, 475, 476. 
 sale by trustee in apparent conformity to 
 
 the terms of the trust. 63, 473. 
 secret trusts, notice of, when inferable. 
 
 63, 470, 471. 
 statutes of limitations against express. 
 
 63, 575, 476. 
 suit by cestui que trust for relief from 
 
 judgment. 54, 254. 
 trust deeds to secure debts, concurrent 
 
 remedies of the creditor. 73, 566. 
 trust deeds to secure debts, deficiency 
 after sale under, action to recover. 
 
 73, 566. 
 trust funds, liability of partnership for 
 misuse of. 67, 44-46. 
 
 Trustee's acts binding on beneficiary — Cont'd. 
 trusts in real property not disclosed by 
 
 the public records. 63, 471, 472. 
 voluntary, unexecuted, equity will not i\s- 
 sist. 51, 391. 
 
 Actions. 
 
 amendments to pleadings. 51, 434. 
 communications between husband and 
 
 wife, respecting trust property are not 
 
 privileged. 29, 423. 
 laches in enforcing trusts. 2, 799. 
 
 TRUTH. 
 
 as a defense in libel. 15, 340, 308. 
 proof of, to mitigate damages. 15, 340. 
 
 TURNTABLE CASES. 
 
 negligence toward children. 49, 417, 418. 
 
 ULTRA VIRES. 
 
 act of municipal officers, liability for. 34, 
 
 26. 
 acts of officers, municipal liability tor. 
 
 30, 405-408. 
 doctrine of, as relates to contracts oi 
 
 private corporations. 70, 156-180. 
 See Corporations. 
 
 UNCHASTITY. 
 
 as a defense to an action for breach of 
 promise. 40, 172, 173. 
 
 UNCLES. 
 
 inheritance by. 12, 106-108. 
 
 UNCONSCIONABLE CONTRACTS. 
 
 effect of. 81, 663-669. 
 
 UNCONTROLLABLE IMPULSE. 
 
 acts resulting from, proximate cause of. 
 
 36, 847. 
 is not equivalent to undue influence. 63, 
 
 100-104. 
 
 UNDERTAKING. 
 
 on appeal, defective, liability of sureties 
 on. 67, 197-204. 
 
 UNDISCLOSED PRINCIPAL. 
 
 See Principal and Agent. 
 suits by, on contracts m'ade with agent. 
 5.5, 916-923. 
 
 UNDUE INFLUENCE. 
 
 as affecting the validity of wills. 31, 670- 
 
 691. 
 of spiritualistic mediums. 1, 88. 
 presumption of in regard to wills. 21, 
 
 94-104. 
 
 See Wills, 
 which avoids a will. 9, 110, 111. 
 
 UNPAIR COMPETITION. 
 
 in the use of words or names as trade- 
 marks. 85, 84, 85, 116, 117. 
 
United States 
 
 INBEX-DIGEST TO NOTES. 
 
 254 
 
 UNITED STATES. 
 
 contract to collect claim against. 13, 
 
 297-300. 
 garnishment, not subject to. 51, 114. 
 mails of, crimes against, where committed. 
 
 44, 83. 
 taxation of property of. 33, 401-403. 
 
 UNKNOWN OWNERS. 
 
 judgments against, effect of. 87, 368. 
 proceedings against. 87, 358-368. 
 See Process. 
 
 XTNMABRIED PERSON. 
 as head of family. 70, 109, 110. 
 
 UNNATURALNESS. 
 
 of will, as showing undue, influence. 31, 
 685, 686. 
 
 UNOCCUPIED. 
 
 buildings in fire insurance. 10, 390-396. 
 
 USAGE. 
 
 as aflfecting delivery of goods by carrier. 
 9, 513. 
 
 See Custom and Usage. 
 
 USE. 
 
 necessary in appropriation of water. 60, 
 806-813. 
 
 USE AND OCCUPATION. 
 
 cotenant, when liable for. 52, 925-933. 
 
 USER. 
 
 dedication of highways by. 57, 744-766. 
 
 USURY. 
 
 Usury. 
 
 absolute obligation to repay principal is 
 
 essential to. 46, 188. 
 accommodation paper, discounting of. 46, 
 
 184, 185. 
 agent of borrower, payment of commis- 
 sions to cannot render transaction 
 
 usurious. 46, 196, 197. 
 agreement for higher rate of interest 
 
 after default, whether usurious. 91, 
 
 584-589. 
 annuity, sale and purchase of. 46, 183. 
 antedating note to realize more than legal 
 
 interest. 46, 190. 
 attorneys' fees in the event of suit for 
 
 collection may be exacted of the bor- 
 rower. 46, 193. 
 borrowing and lending are essential to. 
 
 46, 182. 
 building and loan associations, general 
 
 plan and purposes of. 46, 200. 
 building and loan associations, premiums 
 
 paid to, whether are usurious. 46, 200, 
 
 201. 
 chattels, loan of, whether may create. 46, 
 
 187. 
 chose in action, sale of is not usurious. 
 
 46, 183. 
 
 Vsurjf — Continued. 
 
 collection, expenses of may be exacted of 
 the borrower. 46, 193. 
 
 commissions, agreement to pay, when may 
 be made a mode of exacting. 46, 179. 
 
 commissions for accepting and paying 
 drafts. 46, 195. 
 
 commissions paid to agents. 46, 196, 197. 
 
 compound interest, agreement to pay on 
 interest already due. 46, 191. 
 
 compound interest is not usurious. 46, 
 190, 191. 
 
 conflict of laws, contract usurious where 
 made is usurious everywhere. 46, 201. 
 
 contingency, loan repayable upon is not 
 usurious. 46, 188. 
 
 contingent right to more than legal in- 
 terest. 46, 194. 
 
 contract made in one state, and to be 
 paid or performed in another, may pro- 
 vide for the highest interest allowable 
 in either. 46, 201. 
 
 devices to conceal the existence of. 46, 
 178. 
 
 discounting accommodation paper. 46, 
 184, 185. 
 
 discounting chose in action. 46, 183, 184. 
 
 discounting paper by national banks, 
 when usurious. 46, 185. 
 
 discounting paper, statutes making usuri- 
 ous. 46, 185. 
 
 elements of a usurious transaction. 46, 
 179. 
 
 estoppel against urging defense of, 46, 
 185. 
 
 evidence, parol, to establish a usurious 
 agreement. 46, 191. 
 
 exactions of borrowers which are usurious. 
 46, 195. 
 
 exchange, charge of, or agreement to pay, 
 does not render transaction usurious. 
 46, 195. 
 
 forbearance to sue, exactions for which 
 are deemed usurious. 46, 187. 
 
 intent of the parties, from what must be 
 inferred. 46, 180. 
 
 intent of the parties, when material. 46, 
 179, 180. 
 
 interest, compound is net usurious. 46, 
 190. 
 
 legal interest, exactions in excess of, when 
 not usurious. 46, 182, 183. 
 
 lender, bonus exacted by. 46, 198, 199. 
 
 lender must not exact any benefit or ad- 
 vantage in addition to legal interest. 
 46, 197-199. 
 
 loan granted on condition that the bor- 
 rower shall biiy property at an exces- 
 sive price. 46, 196. 
 
 mistake of fact may excuse. 46, 181. 
 
 money, loan of is essential to. 46, 187. 
 
 national banks, discounting of paper by. 
 46, 185. 
 
 negotiating the loan, commissions paid 
 for. 46, 196, 197. 
 
 place of contract within the meaning of 
 usury laws. 55, 46. 
 
 ratification of usurious contracts. 59, 
 639. 
 
 sale and purchase of property may he 
 a device to conceal. 46, 182. 
 
255 
 
 INDEX-DIGEST TO NOTES. 
 
 Vendor and Purchaser 
 
 Usury — Continued. 
 
 statute of Anne, defining. 46, 187. 
 subagents, exactions by of which the 
 
 lender had no notice. 46, 199. 
 tests of. 46, 179. 
 what transactions are usurious. 46, J.78- 
 
 202. 
 written agreement, parol evidence to prove 
 
 that it was usurious. 46, 191. 
 
 VACANT. 
 
 buildings in flre insurance. 10, 390-396. 
 
 VACATION. 
 
 of commissioner's report concerning par- 
 tition of decedents' estates. 41, 149, 
 150. 
 
 of execution sales. 7, 786. 
 
 of instruments, laches in asking for. 2, 
 803. 
 
 of judgments. 23, 104-107. See Judg- 
 ments. 
 
 of judgments on motion, when not spe- 
 cially authorized by statute. 60, 633- 
 663. 
 
 of streets, damages recoverable for. 46, 
 493-498. 
 
 of trustee's sale, causes for. 19, 293, 294. 
 
 VACCINATION. 
 
 as a proper health regulation. 47, 546, 
 547. 
 
 of children attending schools. 65, 338. 
 
 failure to submit to, as a crime. 78, 242. 
 
 of school children, boards of health regu- 
 lating. 80, 230, 231. 
 
 See Health; Schools. 
 
 VAGRANCY. 
 
 arrest for, without warrant. 38, 646. 
 divorce, as ground for. 38, 646. 
 evidence of, suflSciency of. 38, 645, 646. 
 false imprisonment, imprisonment for 
 
 vagrancy not. 38, 646. 
 indictment for, sufficiency of. 38, 645. 
 statutes designed to suppress. 38, 643, 
 
 644. 
 statutes relating to. 38, 643-646. 
 trial by jury for, right to. 38, 644, 645. 
 
 VALtTE. 
 
 in false pretenses immaterial. 25, 380. 
 jurisdiction depending on. 21, 617-621. 
 of goods carried, carrier limiting liability. 
 
 23, 593-597. 
 of property in embezzlement not essential. 
 
 87, 23, 24. 
 of property taken in burglary. 2, 394. 
 
 VARIANCE. 
 
 between pleading and proof in false pre- 
 tenses. 25, 390, 391. 
 
 in municipal bonds in describing the payee. 
 51, 854. 
 
 VEGETATION. 
 
 growth of, as affecting proximatf cause. 
 36, 823, 
 
 VEINS. 
 
 intersecting and cross, in mines. 83, 41- 
 
 44. 
 of mining claim. 58, 273. 
 
 See Mines and Minerals. 
 
 VENDOR AND PURCHASER. 
 I. Tke Contract. 
 II. Rlshts and Lilabllltles of Parties. 
 
 III. Remedies of Vendor. 
 
 IV. Remedies of Fnrcbaser. 
 
 I. TUe Contract. 
 
 assignment of contract of purchase, as 
 
 equitable mortgage. 4, 703, 704. 
 false representation by vendor as to value 
 
 of property. 18, 556-558. 
 merger of contract of sale in deed. 16, 
 
 622-624. 
 purchases and sales of real property made 
 
 by infants. 18, 586, 587. 
 vendor need not own property. 1, 757, 
 
 758. 
 
 II. Rights and lilabilltles of Parties. 
 
 Rights and liabilities generally. 
 
 grantee of plaintiff bound by lis pendens. 
 
 56, 868. 
 misrepresentation as between vendor and 
 
 vendee, liability to third person for. 85, 
 
 373-375. 
 nuisance, liability of grantor or grantee 
 
 for. 86, 510-516. 
 vendee of landlord succeeds to his rights. 
 
 14, 168. 
 
 vendee, when not recover for betterments. 
 
 81, 190-192. 
 vendor of newspaper, liability for libel. 
 
 15, 336. 
 
 Subsequent purchasers. 
 
 burden of proof respecting good faith of. 
 17, 288. 
 
 innocent purchasers, who are. 17, 288- 
 290. 
 
 presumption that subsequent purchaser is 
 one bona fide. 17, 288-290. 
 
 unrecorded deeds, effect on subsequent pur- 
 chaser. 17, 289. 
 
 III. Remedies of Vendor. 
 
 lien for unpaid purchase money as equi- 
 table mortgage. 4, 704-706. 
 
 lien of vendor as oral mortgage. 1, 137. 
 
 lien on homestead for purchase money. 
 86, 174-182. 
 
 lien on property in hands of receiver. 71, 
 384. 
 
 lien, when exists. 1, 256, 257. 
 
 receivers in suits between vendor and pur- 
 chaser. 72, 96. 
 
 relief of grantor from conveyance the ob- 
 jection of which was to evade some 
 law, or to accomplish some unlawful 
 purpose. 7, 587, 588. , 
 
 vendor's lien, when a preference over rail- 
 road mortgages. 54, 424. 
 
Venereal Disease 
 
 INDEX-DIGEST TO NOTES. 
 
 256 
 
 IV. Remedies of Purcliaser. 
 
 breacli of warranty of title, attorneys' 
 
 fees as damages. 24, 268. 
 breach of warranty of title, damages for. 
 
 24, 266-268. 
 damages, attorney's fees as in action for 
 
 breach of warranty of title. 24, 268. 
 damages for breach of warranty of title 
 
 in exchange of lands. 24, 268. 
 damages in case of partial eviction. 24, 
 
 267. 
 damages, interest as, in action for breach 
 
 of warranty of title. 24, 268. 
 damages recoverable by remote vendee for 
 
 breach of warranty of title. 24, 268. 
 damages where grantee purchases out- 
 standing title. 24, 267. 
 recovery for improvements placed on land 
 
 under contract void imder statute of 
 ' frauds. 6, 495-497. 
 
 VENEREAL DISEASE. 
 
 communication of, as cruelty. 65, 82. 
 
 VENUE. 
 
 in conspiracy, where laid. 3, 482. 
 in false pretenses. 25, 386, 387. 
 
 VESSELS. 
 
 as carriers of livestock, duties of. 63, 
 565. 
 
 damages for wrongful seizure of. 68, 271. 
 
 disinfection of. 47, 537, 543. 
 
 owners of, whether may sue for obstruc- 
 tion of navigable stream. 57, 698. 
 
 part owners of, rights and liabilities of. 
 90, 355-410. 
 
 where taxable. 62, 471, 473. 
 
 VESTED. 
 
 interest, not subject to rule against per- 
 petuities. 49, 121, 122. 
 
 interest of heir apparent not. 12, 93. 
 
 interest, wife has no^ in personal estate of 
 husband. 24, 491. 
 
 legacies. 10, 471-477. 
 
 rights, not be devested by by-laws. 43, 
 157. 
 
 VESTING. 
 
 of gifts under wills. 73, 430-432. 
 of estates, effect of, on rule against per- 
 petuities. 73, 435. 
 
 VICE-PRINCIPAL. 
 
 See Master and Servant, 
 who is. 18, 456; 75, 584-640. 
 
 VIOLENCE. 
 
 single act of, as cruelty. 65, 74. 
 
 VOLUNTARY. 
 
 associations, note on. 7, 160-170. 
 
 associations, redress in courts against pro- 
 ceedings in. 18, 301, 302. 
 See Associations. 
 
 conveyances, knowledge of grantee in, im- 
 material. 34, 402, 403. 
 
 Voluntary — Oontimied. 
 
 conveyances, what creditors may attack, 
 as fraudulent. 14, 743-754. 
 
 conveyances, what transfers are voluntary. 
 14, 739-743. 
 See Fraudulent Conveyances. 
 
 confessions. 6, 243-245. 
 
 exposure, death by, what is. 12, 272-274. 
 
 trusts, arising from declarations of trus- 
 tor. 34, 189-224. 
 
 VOTING. 
 
 at elections, irregularities in, which will 
 avoid an election. 90, 80-86. 
 See Elections. 
 
 VOTING TRUSTS. 
 
 validity of. 56, 139-153. 
 
 VOLUNTEER. 
 
 servant doing act as, master not liable for. 
 85, 622-627. 
 
 WAGERS. 
 
 by jurors on result of action, effect. 9, 
 748. 
 
 See Gaming, 
 validity of. 37, 697-704. 
 wasierin^ contract for sale is void. 1, 
 758-760. 
 
 WAGES. 
 
 claims for, when a preference over rail- 
 road mortgage. 54, 418, 419. 
 
 exemption from execution. 2, 240. 
 
 special statutes relating to wages of em- 
 ployes of corporations. 62, 177. 
 
 WAIVER. 
 
 by partners after dissolution. 40, 568, 
 569. 
 
 of architect's certificate. 56, 313. 
 
 of attorney's lien. 51, 271, 277. 
 
 of breaches of conditions of mutual bene- 
 fit associations. 52, 554. 
 
 of conditions in insurance policy. 9, 163. 
 
 of contract, parol evidence to prove. 56, 
 668, 672. 
 
 of covenant against assignment of lease. 
 10, 560. 
 
 of defects in appeal bonds. 67, 199. 
 
 of equity of redemption should be in writ- 
 ing. 55, 109. 
 
 of estoppel by failure to plead. 27, 346, 
 347. 
 
 of exemption from service of process. 
 76, 542. 
 
 of forfeiture of corporate franchise. 8, 
 200, 201. 
 
 of forfeiture of insurance in mutual bene- 
 fit society. 19, 783-786. 
 
 of forfeiture of lease. 47, 197-199. 
 
 of forfeiture of life insurance policy. 3, 
 637. 
 
 of homestead. 8, 88. 
 
 of jurisdiction by citizen of foreign state. 
 6, 180. 
 
 of magistrate's certificate of loss in in- 
 surance policy. 23, 262. 
 
257 
 
 INDEX-DIGEST TO NOTES. Waters and Watercourses 
 
 Wa iver—Continued. 
 
 of mechanics' liens, by taking notes or 
 other securities. 41, 761-766. 
 
 of partner's lien on assets destroys equity 
 of firm creditors. 45, 374, 375. 
 
 of privileged communication between at- 
 torney and client. 66, 241. 
 
 of privileged communication to physician. 
 17,566-570. 
 
 of privilege of witness to refuse to give 
 criminating testimony. 75, 343, 344. 
 
 of provisions in life insurance policy. 9, 
 234-238. 
 
 of remedies by election. 1, 626-628. 
 
 by reversioner or remainderman of for- 
 feiture of estate. 14, 629. 
 
 of right of action for false repi-esentation. 
 18, 563. 
 
 of right of action for personal injuries by 
 servant. 3, 255-257. 
 
 of right of estoppel against tenant. 89, 
 114. 
 
 of right to object to assignment of con- 
 tract. 88, 205. 
 
 of right to impeach decree discharging in- 
 solvent, by nonresident creditors. 15, 
 215-221. 
 
 of stockholder's liability by corporate cred- 
 itor. 3, 848. 
 
 WAR. 
 
 taking property in time of, damages for. 
 4, 403. 
 
 WABEHOUSEMEN. 
 
 express company's liability as. 61, 378, 
 379. 
 
 interpleader, warehousemen may main- 
 tain. 91, 608. 
 
 receipts, pledge of as collateral security. 
 32, 715. 
 
 receipts, sale of, by one not the owner. 3, 
 200. 
 
 WAEBHOUSBS. 
 
 are employed in public use and subject to 
 state regulation. 62, 290. 
 
 WAEEANT. 
 
 arrest under, by policemen. 84, 681, 682. 
 
 arrest without a, when citizen may resist. 
 84, 698-703. 
 
 arrest without a, when policeman may 
 make. 84, 682-697. 
 
 of arrest, when essential to authorize ar- 
 rest of fugitive from justice. 46, 416. 
 
 policeman's right to arrest without a. 84, 
 682-697. 
 
 WARRANTY. 
 
 covenants of, whether run with the land. 
 
 82, 686-689. 
 implied that leased premises are suitable. 
 
 38, 477, 478. 
 in contract of indorsement. 7, 365, 366. 
 in sale made by infant. 18, 596. 
 married women estopped by covenant of. 
 
 57, 170, 171. 
 
 Index-Digest — 1 7 
 
 'Warranty — Continued. 
 
 of genuineness of indorsement of check. 
 
 17, 898. 
 of good health in insurance policy. 10, 
 
 242-245. 
 of quality of goods manufactured, when 
 
 waived. 37, 539. 
 of seaworthiness of ship. 1, 812. 
 of title, damages for breach of. 24, 266- 
 
 268. 
 
 WASTE. 
 
 action for, by reversioner or remainder- 
 man. 14, 632. 
 
 by cotenant of mine, what constitutes. 
 91, 869. 
 
 commission of by mortgagee. 4, 69. 
 
 guardian caniiot commit. 89, 315. 
 
 trespass for, to protect mortgagee's rights. 
 43, 434, 435. 
 
 WATERS AND WATERCOURSES. 
 I. Natural Watercoiirses. 
 II. Subterranean and Percolating 
 "Waters. 
 
 III. Lakes. 
 
 IV. Snrface Waters. 
 "V, Appropriation. 
 
 VI. Pnltlic Water Snpply. 
 VII. Ice. 
 
 I. Natural IVaterconrses. 
 
 Natural watercourses. 
 
 navigable watercourse, what is. 22, 201, 
 
 202. 
 pollution, right of municipalities to make. 
 
 84, 908-926. 
 rivers, state regulation of improvements 
 
 in. 27, 555. 
 
 Accretions. 
 
 accretion, apportionment of. 35, 311. 
 accretion, avulsion, how differs from. 35, 
 
 311, 312. 
 accretion, conveyances, how affect. 35, 
 
 310, 311. 
 accretion, definition of. 35, 307, 308. 
 accretions, difference between and avul- 
 sion. 72, 284. 
 accretion, doctrines concerning. 35, 307- 
 
 313. 
 accretions, riparian owner's right to. 19, 
 
 234; 35, 308-310. 
 accretions to islands. 35, 312, 313. 
 alluvion, definition of. 35, 307, 308. 
 alluvion, doctrines concerning. 35, 307- 
 
 313. 
 avulsion, what is. 35, 311, 312. 
 extending toward, instead of from, the 
 
 claimant's land. 72, 281, 282. 
 islands, accretions to. 35, 312, 313. 
 island, title to accretions attaching to and 
 
 finally reaching the shore. 72, 283. 
 lands to which they attach must be 
 
 bounded by a river or stream. 72, 281. 
 tests of point of union of. 72, 283, 284. 
 title to not limited by the lines of public 
 
 surveys. 72, 286. 
 
Waters and Watercourses 
 
 INDEX-DIGEST TO NOTES. 
 
 258 
 
 Obstructing and increasing flow of water. 
 
 action of water, liability for results of. 
 
 36, 821, 822. 
 accelerate and diminish flow of water to 
 
 or from the lands of another, right to. 
 
 85, 707-735. 
 accelerate flow of streams, right to. 85, 
 
 725, 726. 
 accelerate flow of surface water, right to. 
 
 85, 726-735. 
 accelerate flow of surface water, right to, 
 
 by discharging into a stream or natural 
 
 channel. 85, 733-735. 
 accelerate flow of surface water, right to, 
 
 by discharging surface water in large 
 
 quantities. 85, 730-733. 
 accelerate flow of surface water by im- 
 proving one's land, right to, to what 
 
 extent exists. 85, 726-730. 
 accelerate flow of surface water, right to, 
 
 by ordinary drainage of one's land. 85, 
 
 726-730. 
 accelerate flow of surface water, right to, 
 
 under the civil and common law. 85, 
 
 726-730. 
 diminish flow of streams by bridges, no 
 
 right to. 85, 707, 708. 
 diminish flow of streams by dams for a 
 
 reasonable use. 85, 712-714. 
 diminish flow of streams by dams, limited 
 
 right to, of non-navigable streams. 85, 
 
 709-712. 
 diminish flow of streams by dams, right 
 
 to. 85, 709-715. 
 diminish flow of surface water off of one's 
 
 land, right to. 85, 725. 
 diminish flow of surface water onto one's 
 
 land, civil law rule respecting right to. 
 
 85, 720-723. 
 diminish flow of surface water onto one's 
 
 land, common-law rule respecting right 
 
 to. 85, 716-720. 
 diminish flow of surface water onto one's 
 
 land, modified rule respecting right to. 
 
 85, 724. 
 diminish flow of surface water onto one's 
 
 land, right to. 85, 715-725. 
 diminish flow of surface water, right to. 
 
 85, 715-725. 
 grading streets so as to interfere with. 
 
 30, 389, 390. 
 obstructing flow of water, damages for. 
 
 5, 538, 539. 
 obstruction of navigable streams, reme- 
 dies for. 57, 693-701. 
 ordinary drainage of surface water over 
 
 another's land, right to. 85, 726-730. 
 
 Riparian rights. 
 
 injury to riparian rights as an element 
 of damage in condemnation proceedings. 
 85, 301. 
 
 navigable waters, ice on, riparian owner's 
 right to. 19, 235. 
 
 navigable waters, riparian or littoral own- 
 er's rights on. 19, 231-233. 
 
 navigable waters, riparian owner's rights 
 in, and in lands under. 19, 226-231. 
 
 navigable waters, riparian owner's rights 
 to flats adjacent to. 19, 233, 234. 
 
 Riparian rights — Continued. 
 
 riparian owners, accretion, rights to. 35, 
 308-310. 
 
 riparian owner's liability for diversion of 
 water. 81, 494. 
 
 riparian owner's rights against water com- 
 panies. 81, 484, 485. 
 
 riparian owner's rights, effect of statutes 
 on. 19, 234. 
 
 riparian owners, right of fishing and fowl- 
 ing. 13, 417, 418. 
 
 riparian owners, rights of, in navigable 
 waters fronting their lands, and in the 
 lands under such waters. 19, 226-235. 
 
 riparian owner's right to ice. 19, 235. 
 
 riparian rights in America. 19, 234, 235. 
 
 taking riparian owner's right of acce3S~i:o 
 stream for public use. 16, 614, 615. 
 
 Title to land under navigable waters. 
 
 navigable streams, what are. 19, 227. 
 navigable waters, title to land under. 19, 
 
 228. 
 title to land covered by tidal and other 
 
 navigable waters. 53, 289-300. 
 waters as boundary lines. 27, 56-63. 
 
 II. Subterranean and Percolating Wa- 
 ters. 
 
 Suiterrakean and percolating waters. 
 
 definite channels not discoverable on the 
 
 surface of the earth. 67, 668. 
 difference between percolating and other 
 
 underground water. 67, 664, 665. 
 lateral support from underground waters. 
 
 33, 455, 456. 
 percolating, definition of. 67, 669. 
 percolating, instances of. 67, 671, 672. 
 percolating, presumption in favor of. 67, 
 
 670, 671. 
 percolating waters, what are. 67, 663-672. 
 presumption as to underground water is 
 
 that they are percolating. 67, 670, 671. 
 springs, loss of by mining, grantee of min- 
 erals not liable for. 24, 557. 
 subterranean streams, existence of must 
 
 be known or easily ascertainable. 67. 
 
 665. 
 subterranean streams must have vrell-de- 
 
 fined channels. 67, 667, 668. 
 subterranean streams should be indicated 
 
 on the surface of the earth. 67, 665. 
 subterranean streams, what are. 67, 664, 
 
 665. 
 subterranean streams, when may be 
 
 treated as watercourses. 67, 665. 
 subterranean streams which are not per- 
 colating. 67, 664. 
 
 III. LaUes. 
 
 inland lake, title to lands beneath. 55, 
 
 292. 
 navigable lakes, ownership of soil under. 
 
 19, 230, 231. 
 
 IV. Surface Waters. 
 
 accelerated flow of surface water right 
 to. 8'5, 726-735. 
 See Waters and Watercourses, I. 
 
259 
 
 INDEX-DIGEST TO NOTES. 
 
 Wharves 
 
 "Waters and watercourses — Cont'd. 
 
 diminish flow of surface water, right to. 
 
 85, 715-725. 
 grading streets so as to interfere with. 
 
 30, 390-393. 
 grading streets so as to throw water on 
 
 land, liability for. 30, 393-395. 
 surface water collected by sewers, liability 
 
 for. 29, 742, 743. 
 
 v. Appropriation. 
 
 Appropriation of water. 
 
 amount of water deemed to be appropri- 
 ated. 60, 807. 
 change in use, or in place or mode of 
 
 diversion. 60, 813. 
 defined. 60, 802. 
 diligence in appropriating water to a 
 
 beneficial use. 60, 811. 
 diligence, pecuniary inability of appro- 
 
 priator, whether may be considered in 
 
 determining his diligence. 60, 810, 815. 
 diligence required in diverting water. 60, 
 
 809-811. 
 diteh, enlargement of. 60, 814. 
 diversion by means of a dam or of nat- 
 ural watercourse or depression. 60, 
 
 806. 
 diversion, damages for. 4, 403, 404. 
 diversion, mode of is not material. 60, 
 
 806. 
 diversion of more water than is necessary. 
 
 60, 807. 
 drainage ditches, construction for purposes 
 
 of cannot constitute. 60, 803. 
 economical use of water is exacted. 60, 
 
 809. 
 for mining and for propelling machinery. 
 
 60, 802. 
 intent which must accompany diversion of 
 
 water. 60, 802. 
 notice of intended not indispensable. 60, 
 
 800. 
 purposes for which may be made. 60, 
 
 802. 
 relation of appropriator's title. 60, 800, 
 
 801, 806, 807, 810. 
 statutes of the United States concerning. 
 
 60, 800. 
 surplus waters after those necessary for 
 
 the appropriator's use. 60, 808, .812. 
 tests of. 60, 802. 
 title of appropriator, at what date takes 
 
 effect by relation. 60, 800, 801, 806, 
 
 807, 810. 
 title of appropriator, when cannot relate 
 
 to the first step taken. 60, 801. 
 use, actual, rights of appropriator, when 
 
 restricted by. 60, 812. 
 use, change in. 60, 813. 
 use, increase of to the prejudice of sub- 
 sequent appropriators. 60, 812, 813. 
 use of water for a beneficial purpose is 
 
 essential to. 60, 806. 
 useful purpose, diligence required in ap- 
 propriation of water to. 60, 811. 
 using natural overflow of water, whether 
 
 may constitute. 60, 806. 
 waste of water by appropriator will not 
 
 be permitted. 60, 807, 809. 
 what constitutes an appropriation of 
 
 water. 60, 799-817. 
 
 VI. Pnblic Water Supply. 
 
 Water companies. 
 
 damages, measure of for failure to supply 
 water for irrigation. 81, 491. 
 
 fire, citizens of the municipality, whether 
 may recover of for losses resulting from. 
 81, 480. 
 
 fire, liability for, because of failure to 
 supply water. 81, 480. 
 
 fire, liability of for losses resulting from. 
 81, 480-483. ■ 
 
 impure water, liability for injuries re- 
 sulting from supplying. 81, 483, 484. 
 
 irrigation company, liability of, for fail- 
 ure to supply water. 81, 488-492. 
 
 irrigation, duty of to furnish water for. 
 81, 488-492. 
 
 irrigation, liability for failure to furnish 
 water for. 81, 490. 
 
 irrigation, mandamus to compel furnish- 
 ing of water by, for. 81, 488. 
 
 liability of for losses resulting from fail- 
 ure to furnish water to extinguish fires. 
 81, 478-480. 
 
 mandamus to compel extension of mains 
 of. 81, 479. 
 
 mechanic's lien on irrigation works. 65, 
 173. 
 
 municipal corporations acting as, liabil- 
 ities of. 81, 486, 487. 
 
 municipal waterworks, liability for neg- 
 ligence in management of. 30, 399-401. 
 
 negligent construction and maintenance of 
 ditches by, liability for. 81, 492-494. 
 
 overflow of ditches, liability for. 81, 492, 
 493. 
 
 prescriptive rights of, as against riparian 
 proprietors. 81, 494, 495. 
 
 riparian owners, liability of for diversion 
 of waters. 81, 494. 
 
 riparian owners, right of as against. 81, 
 484, 485. 
 
 taxation for municipal waterworks. 16, 
 369. 
 
 water mains in street as taking property 
 for public use. 16, 614. 
 
 whether liable to private citizen for loss 
 by fire. 18, 380. 
 
 VII. Ice. 
 
 ice on ponds, right to cut. 1, 352. 
 
 ice on ponds, riparian owner's right to. 
 
 1, 352. 
 ice on rivers, right to travel on. 1, 352. 
 navigable waters, ice on, riparian owner's 
 
 right to. 19, 235. 
 
 WEALTH. 
 
 as element in damages for causing an- 
 other's death. 12, 378. 
 
 of defendant, when considered in awarding 
 damages for malicious prosecution. 26, 
 164. 
 
 WELLS. 
 
 children injured from exposed. 49, 423- 
 426. 
 
 WHAKVES. 
 
 municipal liability for negligence in man- 
 agement of. 30, 403. 
 
Widow 
 
 INDEX-DIGEST TO NOTES. 
 
 260 
 
 Wharves — Continued. 
 
 owners of, whether may sue for obstruc- 
 tions in navigable streams. 57, 696, 
 700. 
 
 public, are engaged in public use. 62, 290. 
 
 wharfage fees. 27, 555, 566. 
 
 WIDOW. 
 
 as head of family. 70, 113. 
 
 life insurance, right to. 44, 406-409. 
 
 suit by, for death of husband. 70, 673. 
 
 WILLS. 
 1. Testamentary PuTrer. 
 II. Testamentary Capacity. 
 
 III. Reqinlsltes and Validity. 
 
 IV. Probate. 
 
 V. Construction. 
 VI. Rlsbts and liiab'llities of Devisees 
 and Leeatees. 
 
 I, Testamentary Po-wer, 
 
 one's dead body may be disposed of. 73, 
 
 425. 
 possibilities coupled with an interest may 
 
 be deyised. 56, 340. 
 
 II. Testamentary Capacity. 
 
 mental capacity required. 9, 110. 
 See Wills, III. 
 
 III. Reanisltes and Validity. 
 
 What instruments are vnlls. 
 
 conveyance to take effect after grantor's 
 
 death, when a will. 49, 221, 222. 
 deeds as, importance of maker's intention. 
 
 89, 496, 497. 
 deeds as, intention of maker, how ascer- 
 tained. 89, 497. 
 deeds, how distinguished from wills. 89, 
 
 494, 495. 
 deeds, reserving life estate in, whether a 
 
 will. 89, 495, 496. 
 deed, whether instrument is a will or. 
 
 20, 345-347. 
 definition of. 89, 486, 487. 
 disposing of property, whether necessary. 
 
 89, 487. 
 essential characteristics of. 89, 487, 488. 
 form of. 89, 489-500. 
 form of, whether material. 89, 489, 490. 
 illustrations of deeds as distinguished 
 
 from wills. 89, 498, 499. 
 illustrations of wills as distinguished from 
 
 deeds. 89, 498. 
 informal wills. 89, 490, 491. 
 instruments partly testamentary, effect of. 
 
 89, 500. 
 intention of maker in determining whether 
 
 a will. 89, 488. 
 intention to make a will, how ascertained. 
 
 89, 489. 
 in the form of acknowledgments of indebt- 
 edness. 89, 492, 493. 
 in the form of transfers of bank deposits. 
 
 89, 491. 
 in the form of contracts. 89, 493. 
 
 IT'^* instruments are wills — Continued. 
 
 in the form of deeds and conveyances. 89, 
 
 494-499. 
 in the form of leases. 89, 494. 
 in the form of letters. 89, 491, 492. 
 in the form of promissory notes. 89, 494. 
 in the form of trust deeds. 89, 500. 
 writings of doubtful import, whether wills. 
 
 89, 497, 498. 
 
 Nuncupative mils. 
 
 animus testaudi essential to. 67, 572-576. 
 
 attempts to make written wills, when op- 
 erative as. 67, 573, 574. 
 
 conflict of laws respecting. 67, 574. 
 
 definition of. 67, 572. 
 
 impeaching. 67, 574, 575. 
 
 last sickness, during which may be exe- 
 cuted. 67, 573. 
 
 Louisiana, laws of respecting. 67, 575. 
 
 oral directions for written wills do not 
 constitute. 67, 574. 
 
 real estate, whether may be disposed of 
 by. 67, 575. 
 
 sailors can make only while at sea. 67, 
 579. 
 
 soldiers and sailors may dispose of their 
 property by. 67, 577-579. 
 
 soldiers must be in actual military ser- 
 vice when they make. 67, 577. 
 
 testamentary intent must be proved. 67, 
 572, 576. 
 
 witnesses, calling upon by the testator 
 is indispensable. 67, 576, 577. 
 
 witnesses, calling of to witness. 67, 576. 
 
 Witnesses to will. 
 
 attorneys as witnesses to wills. 66, 229- 
 231. 
 
 subscribing witnesses, number of. 77, 459. 
 
 witnesses,. subscribing, competency of, defi- 
 nition of. 77, 640-642. 
 
 witnesses, subscribing, competency of dev- 
 isees. 77, 467-469. 
 
 witnesses, subscribing, competency of, ex- 
 ecutors as. 77, 466, 467. 
 
 witnesses, subscribing, competency of hus- 
 band or wife as. 77, 468. 
 
 witnesses, subaoribing, competency of lega- 
 tees as. 77, 467-469. 
 
 witnesses, subscribing, competency of, 
 must be determined by the facts exist- 
 ing at the time of the attestation. 77, 
 459, 465. 
 
 witnesses, subscribing, competency of, pre- 
 sumption of. 77, 460. 
 
 witnesses, subscribing, "credible" means 
 competent. 77, 460. 
 
 witnesses, subscribing, disinterested, who 
 are. 77, 462, 463. 
 
 witnesses on issue devisavit vel non. 77, 
 480. 
 
 Revocation of wills. 
 
 by agents. 28, 346. 
 
 by birth of issue. 28, 359, 360. 
 
 by burning. 28, 348. 
 
 by canceling. 28, 350, 351. 
 
 by change in testator's property. 28, 356- 
 
 358. 
 by destruction of will. 28, 346, 347. 
 by implication. 28, 356-361. 
 
261 
 
 INDEX-DIGEST TO NOTES. 
 
 Wills 
 
 Revocation of wills — Continued. 
 
 by lapse of devise or bequest. 28, 360. 
 by marriage and birth of issue. 28, 359, 
 
 360. 
 by marriage of a man. 28, 359. 
 by marriage of a woman. 28, 358, 359. 
 by mutilating. 28. 350, 351. 
 by obliterating. 28, 350, 351. 
 bv sale of property specificallT devised. 
 
 28, 357. 
 by subsequent writing. 28, 352, 353. 
 by tearing. 28, 348, 349. 
 burden of proof as to. 28, 361. 
 classification of modes of. 28, 344, 345. 
 codicil, effect of, on previous will. 28, 
 
 353, 354. 
 destruction, presumption of, from will not 
 
 being found. 28, 347, 348. 
 evidence of. 28, 361, 362. 
 evidence of, declaration,s of testator as. 
 
 28, 361, 362. 
 express revocation. 28, 344-354. 
 implication of, resulting from change in 
 
 testator's circumstances. 28, 356-361. 
 intent to revoke, necessity of. 28, 345, 
 
 346. 
 mistake of the testator as to destruction 
 
 of will. 48, 198, 199. 
 mutilation, presumptions arising from. 
 
 28, 351, 352. 
 of duplicate wills. 28, 361. 
 revival of revoked wills. 28, 354-356. 
 revocation based upon a false assumption 
 
 of fact. 48, 200. 
 revocation based upon incorrect advice 
 
 upon a matter of law. 48, 201. 
 revocation by mistake of fact or law. 48, 
 
 198. 
 revocation, intent to execute another will 
 
 cannot afifect. 48, 199. 
 revocation may be express or implied. 76, 
 
 250. 
 revocation of one will by executing an- 
 other. 48, 199. 
 revocation of wills. 28, 344-362. 
 revocation of wills, parol evidence to show 
 
 that it was or was not induced by mis- 
 take. 48, 201, 202. 
 
 Revival of mils. 
 
 destruction of one will not revive another. 
 76, 251, 252. 
 
 olographic, republication of revoked. 76, 
 261. 
 
 parol republication of a revoked will. 76, 
 253-255. 
 
 republication, by a codicil. 76, 260, 261. 
 
 republication, definition of and necessity 
 for. 76, 249. 
 
 republication is unnecessary where the re- 
 voked will is itself revoked. 76, 251. 
 
 republication may be express or implied. 
 76, 250. 
 
 republication of revoked, must be by the 
 same formalities required for the origi- 
 nal will. 76, 253, 254. 
 
 republication of revoked olographic wills. 
 76, 261. 
 
 republication of revoked, whether may be 
 by parol. 76, 253. 
 
 Revival of wills — Continued. 
 
 republication of wills affecting real prop- 
 erty. 76, 255, 256. 
 republication of wills where the mode is 
 
 not expressly provided by statute. 76, 
 
 257, 258. 
 revivor of one by the destruction of an- 
 other. 76, 250. 
 revivor of revoked will does not arise 
 
 from destroying the revoking will. 76, 
 
 251. 
 revival of revoked wills, evidence of. 28, 
 
 355, 356. 
 revival of revoked wills. 28, 354, 355. 
 Reformation of ivills. 
 
 reformation of wills. 65, 521, 522. 
 Insane delusions. 
 
 alchemy, belief in as evidence. 63, 92. 
 aversions founded upon, against heirs at 
 
 law. 63, 96, 97. 
 belief founded upon evidence are not. 63, 
 
 86, 87. 
 burden of proof as to. 63, 106-108. 
 clairvoyance, belief in as evidence. 63, 92. 
 creating a, bias in favor of a legatee or 
 
 devisee. 63, 97. 
 creating aversions against heirs at law. 
 
 63, 96. 
 definitions of. 63, 81-86. 
 false beliefs, undue influence resulting 
 
 from. 63, 92, 93. 
 fortune-tellers, belief in as evidence of. 
 
 63, 92. 
 ghosts, belief in as evidence of. 63, 92. 
 hallucinations which will avoid wills. 
 
 63, 93. 
 illogical beliefs are not necessarily. 63, 
 
 87. 
 in favor of a particular object. 63, 98. 
 insane delusions, effect of upon. 63, 94- 
 
 99. 
 insane delusions, testamentary capacity 
 
 as affected by. 63, 94-96. 
 partial insanity does not necessarily avoid. 
 
 63, 94, 96. 
 prejudices and eccentricities are not. 63, 
 
 89, 90. 
 religion, domination of in making wills. 
 
 63, 92, 93. 
 religion, truth of immaterial. 63, 92. 
 respecting matters of fact leading to the 
 
 disinheriting of heirs at law. 63, 97. 
 respecting property or its value. 63, 99. 
 spiritualism, belief in as evidence of. 63, 
 
 91-93. 
 spiritualism, undue influence as result of 
 
 belief in. 63, 92, 93. 
 spiritualism, undue influence exercised 
 ' through testator's belief in. 63, 93, 94. 
 testamentary capacity, may exist notwith- 
 standing. 63, 94. 
 testamentary capacity, not affected by. 
 
 63, 95. 
 testamentary capacity, when destroyed by. 
 
 63, 96. 
 tests of. 63, 93, 94. 
 
 what are, is a question of law. 63, 81. 
 wills resulting from. 63, 96. 
 witchcraft, belief in as evidence of. 63, 
 
 91. 
 
Wills 
 
 INDEX-DIGEST TO NOTES. 
 
 262 
 
 Undue influence. 
 
 argument, influence of. 31, 678-680. 
 
 as aflfecting the validity of wills. 31, 670- 
 
 691. 
 as showing undue influence. 31, 680, 681. 
 burden of proof as to. 31, 681-684. 
 companionship, influences of. 31, 676. 
 definitions of. 31, 670-673. 
 evidence, burden of proof as to. 31, 681- 
 
 684. 
 evidence of, circumstantial rather than 
 
 direct. 31, 688-690. 
 evidence of, declarations of testator as. 
 
 31, 690, 691. 
 evidence of sufficiency of, to show. 3], 
 
 687, 688. 
 evidence to show. 31, 686-691. 
 free agency must be destroyed to amount 
 
 to. 31, 673, 674. 
 good deeds, influence of. 31, 676, 677. 
 illicit relations afl'ecting. 21, 100. 
 illicit relations, influence of. 31, 677, 678. 
 importunity, influence of. 31, 678-680. 
 improper influences, what are. 31, 680. 
 inequality and injustice, when give rise 
 
 to. 21, 99. 
 influences which are not improper. 31, 
 
 676. 
 kind offices, influence of. 31, 676, 677. 
 kinship, influences of. 31, 676. 
 misrepresentation and like artifices as. 
 
 31, 680, 681. 
 must affect the will. 31, 675. 
 must be .directed toward the execution 
 
 of the will. 31, 674, 675. 
 part only of will may be affected by. 31, 
 
 691. 
 persuasion, influence of. 31, 678-680. 
 prejudices and aversions, influence of. 31, 
 
 680. 
 presumption as to. 31, 681-685. 
 presumption of, against attorney. 21, 95, 
 
 102. 
 presumption of, against brother. 21, 103. 
 presumption of, against child as to parent. 
 
 21, 102. 
 presumption of, against guardian. 21, 
 
 95, 96, 101. 
 presumption of, against husband. 21, 102. 
 presumption of, against parent. 21, 102. 
 presumption of, against priest. 21, 95. 
 presumption of, against spiritualistic 
 
 medium. 21, 95, 103. 
 presumption of, from being kept away 
 
 from disinherited heirs. 21, 96, 97. 
 presumption of, from business or social 
 
 relations. 21, 97. 
 presumption of, from conveyance by client 
 
 to attorney. 2, 361. 
 presumption of, from conveyance by minor 
 
 to guardian. 2, 361. 
 presumption of, from conveyance by 
 
 patient to physician. 2, 361. 
 presumption of, not arise from family re- 
 lations. 21, 96, 97. 
 ratification after influence removed, ef- 
 fect of. 31, 686. 
 secrecy in executing a will, effect of. 31, 
 
 684-686. 
 test of, no precise. 31, 670. 
 
 Undue influence — Continued. 
 
 undue influence, presumption of. 20, 94- 
 
 104. 
 undue influence, presumption of, from eon- 
 
 fldential relations. 21, 94. 
 undue influence which avoids a will. 9, 
 
 110, 111. 
 unlawful, whether influence must be. 31, 
 
 675, 676. 
 unnaturalness of will, effect of. 31, 685, 
 
 686. 
 
 IV. Probate. 
 
 Probate of imll. 
 
 probate of, not relieved against in equity. 
 54, 219. 
 
 witnesses, subscribing, competency of per- 
 sons other than subscribing witnesses. 
 77, 469, 470. 
 
 witnesses, subscribing, evidence when re- 
 stricted to. 77, 474. 
 
 witnesses, subscribing, interest which will 
 disqualify. 77, 462-465. 
 
 witnesses, subscribing, interest which will 
 not disqualify. 77, 464. 
 
 witnesses, subscribing, may deny the san- 
 ity of the testator. 77, 478. 
 
 witnesses, subscribing, must be able to 
 identify the will. 77, 473. 
 
 witnesses, subscribing, production of, 
 when essential. 77, 479, 480. 
 
 witnesses, subscribing, proof of will need 
 not be made by. 77, 469-473. 
 
 witnesses, subscribing, weight to be given 
 to testimony of, respecting the sanity 
 of the testator. 77, 468, 469. 
 
 witnesses, subscribing, whether all must 
 be called and examined. 77, 470. 
 
 Reformation of unlls. 
 
 reformation, in equity. 50, 283. 
 reformation of wills. 65, 521, 522. 
 
 Contest. 
 
 disabilities of one of several plaintiffs in 
 a, will contest. 49, 710, 711. 
 
 V. Construction. 
 
 Construction of mils generally. 
 
 ambiguity, which may be explained by 
 
 extrinsic evidence. 50, 285. 
 bequest for benefit of poor of a town is 
 
 void for uncertainty. 21, 753-758. 
 bequest to heir of personal property which 
 
 he would take by distribution, rule as 
 
 to. 75, 157-158. 
 construction of, false elements of descrip- 
 tion may be rejected. 50, 290-294. 
 declarations of the testator, admissibility 
 
 of, to aid in construing. 50, 280. 
 declarations, admissibility of to remove 
 
 latent ambiguities. 50, 282. 
 description of lands, evidence to correct 
 
 mistake in. 50, 283, 284. 
 devisees and legatees, extrinsic evidence 
 
 to identify. 50, 281. 
 devise to heir of what he would take by 
 
 succession, effect of. 75, 154-159. 
 devise to heir of what he would take by 
 
 descent, reasons for declaring void. 
 
 75, 158. 
 
263 
 
 INDEX-DIGEST TO NOTES. 
 
 Wills 
 
 Construction of mils generally — Continued. 
 
 devise to heir of what he would take by 
 descent, reasons why void, not apply to 
 bequest of personal property. 75, 158, 
 159. 
 
 devise to heir of what he would take by 
 ' descent, rule affects copyholds and free- 
 
 holds. 75, 157. 
 
 devise to heir of what he would take by 
 descent, where but one Beir. 75, 155, 
 156. 
 
 devise to heirs of what they would take 
 by descent, where more than one heir. 
 75, 155, 156. 
 
 estates-tail, creation of. 7, 429. 
 
 evidence, extrinsic, illustrations of admis- 
 sibility of. 50, 288, 291, 292. 
 
 evidence, extrinsic, omissions or defects 
 in wills cannot be supplied by. 50, 280. 
 
 evidence, extrinsic, to correct false de- 
 scriptions. 50, 289-294. 
 
 evidence, extrinsic, to identify persons. 
 50, 286. 
 
 evidence of extrinsic writings. 50, 281. 
 
 extrinsic evidence to explain wills. 50, 
 279-294. 
 
 identity of land devised, extrinsic evidence 
 respecting. 50, 289. 
 
 intention of testator, showing hy extrinsic 
 writings. 50, 281. 
 
 intention of the testator should control 
 construction of. 48, 197. 
 
 life estates created. 11, 99, 100. 
 
 mistake in names of legatees or devisees. 
 50, 288. 
 
 perpetuities construing so as to evade the 
 rule against. 73, 437. 
 
 powers of sale and who may execute them. 
 80, 96-124. 
 See Executors and Administrators. 
 
 Bequests for masses. 
 
 are deemed to be superstitious uses in 
 England. 65, 118. 
 
 bequests for masses. 65, 118-122. 
 
 cannot be attacked in this country as 
 superstitious. 65, 119. 
 
 superstitious uses, statutes concerning, 
 whether forbid bequests for. 65, 119. 
 
 whether create a private trust. 65, 121. 
 
 whether create a public charity or a chari- 
 table trust. 65, 120. 
 
 whether create and direct gift for a legal 
 purpose. 65, 121. 
 
 Gifts to a class. 
 
 gift to a class, who participate in. 73, 
 413. 
 
 gift to, what is. 73, 413, 414. 
 
 gifts to, when suspend thfe power of alien- 
 ation. 73, 438. 
 
 gifts to, when void because within the 
 rule against perpetuities. 73, 427-433. 
 
 persons who constitute, time for ascer- 
 taining. 73, 414. 
 
 who included in gifts to take effect after 
 the termination of a precedent estate. 
 73, 417, 418. 
 
 Gifts to cJiildren. 
 
 children, when included in a gift to take 
 effect after the termination of a 
 precedent estate. 73, 417, 418. 
 
 children en ventre sa mere participate in 
 the gift. 73, 415. 
 
 evidence, extrinsic, to show that the word 
 "children" was intended to mean illegiti- 
 mate children. 50, 286. 
 
 gifts to, payable at a certain age, who en- 
 titled to participate in. 73, 421-425. 
 
 gifts to, when none are in being. 73, 415, 
 
 gifts to, where distribution is postponed 
 include all in being at the time for dis- 
 tribution. 73, 416-420. 
 
 gift to, where there is a precedent trust 
 estate. 73, 420. 
 
 illegitimate children are not included in 
 gifts to. 73, 415, 416. 
 
 omission of children from will, right to in- 
 herit. 12, 97-99. 
 
 provision in will for after-born child, what 
 is. 15, 592-595. 
 
 Gifts on conditions. 
 
 conditions precedent and subsequent .n 
 devises and legacies. 70, 833-836. 
 
 conditions subsequent in wills, what con- 
 strued to be. 79, 764, 765. 
 
 gifts on conditions in restraint of mar- 
 riage, validity of. 84, 147-152. 
 See Marriage. 
 
 illegal conditions annexed to legacies. 70, 
 836. 
 
 Vested and contingent legacies. 
 
 distinction between the terms "vested" 
 and "contingent." 10, 471, 472. 
 
 general rules as to vesting of legacies. 
 10, 473-477. 
 
 law favors vesting of legacies. 10, 472, 
 473. 
 
 legacies, when contingent. 10, 477-479. 
 
 legacies, when vested and when con- 
 tingent. 10, 471-479. 
 
 vesting of estates by is favored. 73, 423, 
 424. 
 
 Rule in Shelley's Case. 
 
 children, limitation to. 11, 101, 105. 
 
 definition of rule. 11, 100. 
 
 heirs, limitation to. 11, 102, 103. 
 
 heirs of body, limitation to. 11, 104. 
 
 intention of testator, when prevents ap- 
 plication of rule. 11, 103. 
 
 issue, limitation, to. 11, 104. 
 
 limitation over on failure of heirs. 11, 
 105. 
 
 procreation, use of words of, effect. 11, 
 105. 
 
 restriction on power of alienation cannot 
 affect. 11, 104. 
 
 Shelley's Case, rule in. 11, 100-107. 
 
 statutes supplanting rule. 11, 100. 
 
 Equitable conversion of property. 
 
 equitable conversion, effect of total or 
 partial failure of purposes indicated in 
 the vrtll. 5, 146, 147. 
 equitable conversion, election to take 
 property in unconverted state. 5, 147, 
 148. 
 
Witchcraft 
 
 INDEX-DIGEST TO NOTES. 
 
 264 
 
 Equitable conversion of property — Continued. 
 equitable conversion may take place by 
 
 express words or by implication. 5, 
 
 143. 
 equitable conversion of real estate into 
 
 personal, and personal estate into real 
 
 by will. 5, 141-148. 
 equitable conversion, power of sale must 
 
 be absolute and not discretionary. 5, 
 
 143-145. 
 equitable conversion takes place from the 
 
 testator's death. 5, 145, 146. 
 general doctrine in equity. 5, 141, 142. 
 testator's intention the determining; fac- 
 tor as to whether equitable conversion 
 
 should take place. 5, 142. 
 
 Action to construe will. 
 
 amendments to pleadina;s in actions to 
 construe wills. 51, 434. 
 
 VI. Rlgbts and Llablllttes of Devisees 
 and Legatees. 
 
 Rights and Kaiilities of devisees and legatees. 
 adopted child, when entitled to share in 
 
 benefits. 39, 226-228. 
 corporations, limitations upon power of 
 
 testator to make devises and bequests 
 
 in favor of. 60, 321. 
 corporations, limitations upon power to 
 
 receive devises and bequests, whether 
 
 have extraterritorial eflfect. 60, 321. 
 corporations, limitations upon power to 
 
 receive devises and bequests, who may 
 
 assert. 60, 318-320. 
 demonstrative legacies defined. 8, 721. 
 devises of trusts to be exempt from pay- 
 ment of debts. 29, 395-398. 
 general legacies defined. 8, 721. 
 general legacies, when abate. 8, 721-724. 
 lapsed legacies fall into the residuum. 
 
 48, 197, 198. 
 partition in connection with distribution 
 
 of decedent's estates. 41, 140-151. 
 payment of legacies. 8, 722. 
 presumption of payment of legacies. 18, 
 
 883. 
 residuary legacies defined. 8, 722. 
 specific legacies defined. 8, 720. 
 
 Abatement of legacies. 
 
 abatement in case of deficiency of assets. 
 
 8, 720-723. 
 abatement of legacies. 8, 720-726. 
 creditor's legacy, when abates. 8, 725. 
 do not abate when in lieu of dower. 8, 
 
 725. 
 do not abate, when valuable consideration 
 
 paid. 8, 725. 
 specific legacies not abate with general. 
 
 8, 724. 
 
 WITCHCRAFT. 
 
 belief in, as insane delusion. 63, 91. 
 
 WITHOUT EECOURSE. 
 
 indorsement, duties and liabilities where. 
 7, 365-367. 
 
 WITNESSES. 
 I. Attendance and Fi^odnction of Docu- 
 ments. 
 II. Competency. 
 
 III. Xlxamlnatlon. 
 
 IV. Credibility' and Impeacliment. 
 
 I. Attendance and Pfodnction of Docn- 
 ments. 
 
 Attendance. 
 
 accused entitled to be confronted with 
 
 witnesses against him. 61, 876-892. 
 before grand jury. 12, 913, 914. 
 
 Production of documents. 
 
 books and papers, custody of, to be in- 
 spected. 41, 396. 
 
 books and papers, discovery and inspec- 
 tion of, what are subject to. 41, 392- 
 .394. 
 
 books and papers, enforcement of order 
 for production of. 41, 396. 
 
 books and papers, general power to com- 
 pel production of. 41, 388-390. 
 
 books and papers, procedure on applica- 
 tion for order to produce. 41, 394-396. 
 
 books and papers, production of, when 
 power to compel, will be exercised. 41, 
 390-392. 
 
 books and papers, review on appeal of 
 order for production of. 41, 396. 
 
 power to compel party to produce books 
 and papers as evidence or for the ex- 
 amination of his adversary. 41, 388- 
 396. 
 
 II. Competency. 
 
 Competency of witnesses. 
 
 declarant of dying declaration must have 
 been competent witness. 86, 640-642. 
 
 defendant in criminal case as witness. 
 38, 895-897. 
 
 employe, presumption arising from fail- 
 ure to call. 66, 181. 
 
 failure of litigant to call, whether creates 
 a presumption that they would testify 
 against him. 66, 180. 
 
 grand jurors as witnesses. 12, 915-919. 
 
 insane persons, competency of, how de- 
 termined. 28, 942, 943. 
 
 insane persons, not competent at common 
 law. 28, 942, 943. 
 
 insane persons, when may testify. 28, 
 942, 943. 
 
 party, right of, to testify as to belief, 
 motive or intent. 21, 314-319. 
 
 parties to action, failure to offer them- 
 selves as. 66, 180, 181. 
 
 qualification to give evidence given at for- 
 mer trial. 91, 204-206. 
 
 reporter using his notes. 81, 364-366. 
 
 witnesses to wills, competency of. 77, 
 471. 
 
 I'rivileged communications between husband 
 and wife. 
 
 between husband and wife. 29, 411-423.- 
 husband and wife as witnesses for and 
 
 against each other. 14, 481. 
 husband and wife, when competent. 24, 
 663, 664. 
 
265 
 
 INDEX-DIGEST TO NOTES. 
 
 Witnesses 
 
 Privileged communications io physicians. 
 
 communications which are privileeed 
 1", 565-571. 
 
 death of patient not remove seal of se- 
 crecy. 17, 569, 570. 
 
 facts learned by observation, not disclose. 
 17, 566. 
 
 privilege of, applies to criminal cases. 
 17, 570. 
 
 privilege of, must be claimed. 17, 570. 
 
 privilege of, not exclude evidence of com- 
 munication unnecessarily made. 17, 
 567-569. 
 
 privilege of, to refuse to testify did not 
 exist at common law. 17, 565. 
 
 privilege, waiver of, by patient. 17, 566- 
 570. 
 
 statutes excluding evidence of, applica- 
 tion. 17, 566-569. 
 
 Privileged communications to attorney. 
 
 attorney as a witness may be compelled 
 to testify whether a paper is in exist- 
 ence. 66, 234. 
 
 attorney as witness to the execution of 
 wills. 66, 229, 230. 
 
 attorneys attesting instruments as wit- 
 ness may be examined concerning. 66, 
 231, 232. 
 
 pri^-ileged communications to. 66, 217- 
 220. 
 
 privileged communications to an attorney 
 employed to draw up a deed or other 
 writing. 66, 227, 228. 
 
 privileged communications to an attor- 
 ney's clerk or to a student in his office. 
 66, 240. 
 
 privileged communications to, attorney 
 may reveal to protect himself when 
 charged by his client with a fraud. 66, 
 241. 
 
 privileged communications to, before the 
 commission of a crime. 66, 237. 
 
 privileged communications to, books, pa- 
 pers, and documents placed in his 
 hands by a client. 66, 234. 
 
 privileged communications to, calling an 
 attorney as a witness waives privilege 
 of. 66, 241. 
 
 privileged communications to, client may 
 compel disclosure of. 66, 220. 
 
 privileged communications to, client may 
 waive privilege. 66, 241. 
 
 privileged communications to, concerning 
 mortgages. 66, 228, 229. 
 
 privileged communications to, death of 
 client does not release. 06, 242. 
 
 privileged communications to, definition 
 of. 66, 217, 218. 
 
 privileged communications to, do not in- 
 clude communications made by persons 
 other than his client. 66, 226, 228. 
 
 privileged communications to, do not in- 
 clude instruments executed in his pres- 
 ence. 66, 232. 
 
 privileged communications to, do not in- 
 clude the contents of an executed writ- 
 ing. 66, 232. 
 
 privileged communications to, duty of 
 the court respecting. 66, 242. 
 
 Privileged communications to attorney. — 
 Continued. 
 privileged communications to, for the 
 
 purpose of accomplishing a fraud. 66, 
 
 238-240. 
 privileged communications to, letters be- 
 tween' him and his client when they are 
 
 acting as particeps criminis. 66, 236. 
 privileged communications to, made for 
 
 an unlawful purpose. 66, 237. 
 privileged communications to, respecting 
 
 a crime already committed. 66, 237. 
 privileged communications to, retainer, 
 
 absence of. 66, 215. 
 privileged communications to, statements 
 
 of clients which are not. 66, 221. 
 privileged communications to, testimony 
 
 ot as to handwriting of his client. 66, 
 
 221. 
 privileged communications to, waiver by 
 
 one of several clients. 66, 241. 
 privileged communications to, waiver of 
 
 privilege of, who may make. 66, 242. 
 privileged communications to, what are. 
 
 66, 213. 
 privileged communications to, what are 
 
 not. 66, 220-226. 
 wills, communications made to attorneys 
 
 respecting. 66, 229-231. 
 
 III. E^xaminatlon. 
 
 Cross-examination. 
 
 cross-examination of defendant in crim- 
 inal case. 38, 895-898. 
 
 cross-examination of, latitude allowed in. 
 14, 480, 481. 
 
 cross-examination of one's own witness. 
 82, 59, 60. 
 
 Privilege of witness. 
 
 acquittal of charge constitutes waiver of 
 privilege. 75, 344. 
 
 compelling to disclose physical facts, when 
 and when not a violation of privilege. 
 75, 328-331. 
 
 compelling to put foot in track violates 
 privilege. 75, 329. 
 
 constitutional provisions relating to the 
 privilege of a witness to refuse to give 
 criminating testimony. 75, 320-322. 
 
 constitutional safeguards upholding privi- 
 lege. 75, 320-322. 
 
 criminal case, meaning of, as applied to 
 witness testifying against himself. 75, 
 320-322. 
 
 criminating testimony, what is, under 
 constitutional provisions. 75, 320-322. 
 
 cross-examination, extent of. 75, 332-339. 
 
 cross-examination of accused defendant, 
 another crime may be shown if rele- 
 vant. 75, 334, 335. 
 
 cross-examination of accused defendant, 
 as fully as any witness. 75, 333, 334. 
 
 cross-examination of defendant in crim- 
 inal case and other witnesses, difference 
 between. 75, 332, 333. 
 
 disgrace, privilege not generally extend to 
 cases where exposed to. 75, 324-326. 
 
 disgrace, questions which, not allowed on 
 cross-examination. 75, 337-347. 
 
 disgrace, reasons why privilege should in- 
 clude testimony showing. 75, 324, 325. 
 
Witnesses 
 
 INDEX-DIGEST TO NOTES. 
 
 266 
 
 Privilege of luitness — Continued. 
 
 evidence forcibly secured outside ot court, 
 when and when not a violation of priv- 
 ilege. 75, 329-331. 
 
 general rule as to. 75, 318-320. 
 
 immunity given by statutes must be com- 
 plete and not conditional. 75, 347. 
 
 impeaching, oflFenses which tend to dis- 
 credit a witness, when may be inquired 
 into. 75, 336, 337. 
 
 obliging witness to produce evidence 
 against himself. 61, 353-355. 
 
 other oflFenses may be shown on cross-ex- 
 amination of accused defendant, if rele- 
 vant. 75, 334-337. 
 
 pardon, practice of giving, not deprive 
 witness of privilege. 75, 346. 
 
 penalties and forfeitures, privilege ex- 
 tends to cases where exposed to. 75, 
 322, 323. 
 
 penalties of a remedial nature, privilege 
 not extend to. 75^ 323. 
 
 privilege, a personal one. 75, 339, 340. 
 
 privilege, counsel may not claim for wit- 
 ness. 75, 340. 
 
 privilege not excuse from being sworn. 
 75, 320. 
 
 privilege of accused as witness. 38, 897, 
 898. 
 
 self-incriminate by accused in criminal 
 case. 38, 897, 898. 
 
 standing up for identification not testify- 
 ing against self. 75, 326, 327. 
 
 statutes abridging privilege and freeing 
 from prosecution. 75, 344-347. 
 
 statute compelling testimony must grant 
 complete immunity from prosecution. 
 75, 345-347. 
 
 statute compelling testimony, what pro- 
 tection must be given. 75, 345, 346. 
 
 statute of limitations having run against 
 crime, when constitutes waiver of priv- 
 ilege. 75, 344. 
 
 taking evidence of guilt from defendant, 
 when not amount to testifying against 
 self. 75, 327-330. 
 
 testifying against self, what is. 75, 326- 
 331. 
 
 testifying before grand jury, before coron- 
 er, or at former trial not deprive of 
 privilege. 75, 343, 344. 
 
 waiver of privilege, what is. 75, 343, 344. 
 
 when privilege should be claimed. 75, 
 331. 
 
 who determines criminating tendency of 
 answer. 75, 340-343. 
 
 witness determines criminating tendency 
 of answer, when. 75, 342, 343. 
 
 IV. Credibility and Impeacliineiit. 
 
 Impeaching the oredihility of a witness. 
 
 aflSdavits previously made by, may be 
 
 proved to impeach. 82, 49. 
 bias of, questions which may be asked 
 
 for the purpose of proving. 82, 55. 
 bill of exceptions at former trial, whether 
 
 admissible to impeach. 82, 48. 
 chastity of male witness, whether may 
 
 be inquired into. 53, 479, 482. 
 chastity, want of may be shown for the 
 
 purpose of impeachment of. 53, 480. 
 
 Impeaching the credibility of a loitness — 
 
 Continued. 
 
 chastity, want of on the part of a female 
 witness, whether a ground for impeach- 
 ment. 53, 481, 482. 
 
 chastity, want of, whether may be. shown 
 to impeach. 53, 481, 482. 
 
 chastity, want of, whether the same rule 
 applies in the case of male as female 
 witnesses. 53, 480-482. 
 
 collateral matters, evidence of cannot be 
 received to impeach. 82, 50-52. 
 
 contradiction of, as to collateral matters. 
 82, 50-52. 
 
 contradictory statements, impeaching by 
 proof of. 82, 39-46. 
 
 contradictory statements of one's own 
 witness. 82, 42. 
 
 contradictory statements of one's own 
 witness, when admissible. 82, 58-61. i 
 
 conviction of, how to be proved. 82, 
 35, 36. 
 
 coroner's inquest, impeaching witness by 
 proof of his evidence given at. 82, 46. 
 
 corroboratory statements, when admissible 
 to impeach. 82, 66. 
 
 credibility of, attacking by showing in- 
 toxication. 82, 26. 
 
 credibility of, attacking by showing repu- 
 tation for truth. 82, 26. 
 
 credibility of, attacking on cross-examina- 
 tion by proof of acts of misconduct. 
 82, 31. 
 
 credibility of, bias may be proved to 
 afiect. 82, 52-56. 
 
 credibility of, criminal convictions which 
 may be proved to affect. 82, 35-37. 
 
 credibility of, cross-examination of wit- 
 nesses testifying respecting. 82, 28. 
 
 credibility of, cross-examination of wit- 
 nesses to show his residence or associa- 
 tions. 82, 37. 
 
 credibility of, cross-examinations of wit- 
 ness to show that he had been in prison. 
 82, 36, 37. 
 
 credibility of, disgracing witness, cross- 
 examination for the purpose of. 82, 
 32. 
 
 credibility of, hostility may be proved to 
 affect. 82, 52-54. 
 
 credibility of, interest of the witness may 
 be proved. 82, 56. 
 
 credibility of, inquiry concerning reputa- 
 tion of witness, whether must be con- 
 fined to his reputation for truth and 
 veracity. 82, 29, 30. 
 credibility of, particular acts of miscon- 
 duct cannot be shown to aflfect. 82, 30, 
 31. 
 credibility of, particular disgraceful act 
 which the witness may be asked about 
 ,to affect. 82, 33. 
 credibility of, prior consistent statements, 
 when admissible in support of. 82, 66- 
 68. 
 
 credibility of, race or color does not af- 
 fect. 82, 26. 
 
 credibility of, rebuttal evidence to sus- 
 tain. 82, 63-68. 
 
 credibility of, relationship of the witness 
 to the parties may Be proved as bear- 
 ing upon. 82, 55. 
 
267 
 
 IISTDEX-DIGEST TO NOTES. 
 
 Wrongful Attachment 
 
 Impeaching the oredihility of a vpitness — 
 Continued. 
 
 credibility of, reputation for bad char- 
 acter, how to be proved. 82, 26. 
 credibility of, restriction as to time. 82, 
 33, 34. 
 
 credibility of testimony and other pro- 
 ceedings may be proved to affect. 82, 
 44-47. 
 
 credibility of witnesses is for the jury. 
 14, 44-46. 
 
 foundation for impeaching by proof of 
 prior contradictory statements. 82, 40- 
 42. 
 
 hostility of, how may be proved. 82, 52- 
 55. 
 
 impeaching by prior contradictory state- 
 ments. 82, 39-46. 
 
 impeaching by proof of character. 82, 
 26-39. 
 
 impeaching by proof of contradictory 
 statements which the witness does not 
 deny. 82, 45. 
 
 impeaching one's own witness, when per- 
 missible. 82, 57-63. 
 
 impeaching witness by stenographer's 
 notes. 81, 363, 364. 
 
 impeachment, character, extent to which 
 inquiry is permitted respecting. 53, 
 479, 480. 
 
 impeachment of, by proof of conviction of 
 felony. 82, 35. 
 
 impeachment, particular infmoral acts 
 cannot be proved. 53, 480. 
 
 indictment, whether may be proved to 
 affect credibility. 82, 38, 39. 
 
 insanity as affecting credibility of wit- 
 ness. 28, 943, 944. 
 
 interest of, proof of, when admissible as 
 bearing upon credibility. 82, 56. 
 
 letters of, may be proved to impeach. 
 82, 49. 
 
 phonographic report of testimony, whether 
 admissible to impeach. 82, 48. 
 
 pleadings in another action, when admis- 
 sible to impeach. 82, 48. 
 
 previous testimony, contradicting witness 
 by. 82, 46-49. 
 
 reputation of, general only can be proved. 
 82, 27. 
 
 reputation of, how to be proved. 82, 26, 
 27. 
 
 verified pleadings are admissible to im- 
 peach. 82, 48. 
 
 witnesses to wills, credible, who are. 77, 
 460, 479. 
 
 Impeaching the credibility of a witness — 
 Continued. 
 
 writings made by may be proved to im- 
 peach. 82, 49. 
 
 WRECKING TEAIN. 
 
 homicide committed in, is murder. 90, 
 581. 
 
 WRIT. 
 
 of audita querela, direct attack upon 
 
 judgments by. 23, 107. 
 of certiorari. See Certiorari, 
 of election, necessity for. 90, 64. 
 of habeas corpus, nature and purpose of. 
 
 87, 168, 169. , 
 
 of possession, service of. 15, 56-61. 
 of restitution, service of. 15, 56-61. 
 of supersedeas, implied power of courts 
 
 to issue. 67, 714-722. 
 
 WRITING. 
 
 assignment of. 2, 474. 
 
 compelling witness to write. 53, 379. 
 
 forgery of. 8, 466-469. 
 
 in favor of trustee, but not indicating the 
 beneficiary, effect of. 82, 513-524. 
 
 parol evidence affecting. 11, 393-395. 
 
 parol evidence to explain. 15, 714, 715. 
 
 parol testimony in reference to. 11, 893, 
 894. 
 
 petition for partition of estate of dece- 
 dent must be in. 41, 142. 
 
 ratification of infant's contracts, whether 
 must be in. 18, 706-709. 
 
 revoking will by subsequent. 28, 352, 
 353. 
 
 stamping of, failure to comply with stat- 
 ute requiring, effect of. 84, 185-199. 
 
 subsequent parol agreements to vary. 56, 
 659-672. 
 
 unauthorized alteration of. 86, 80-134. 
 
 WRIT OF ERROR. 
 
 coram nobis and coram vobis, attack on 
 
 judgments by. 23, 107. 
 effect of, on lis pendens. 56, 875, 876. 
 habeas corpus not perform functions of. 
 
 7, 515. 
 
 See Appeal. 
 
 WRONGFUL ATTACHMENT. 
 
 damages for. 68, 266-280.