INDEX TO THE NOTES. ASSIGNMENT, draft or check, when is, 363. BOND of executors and administrators: See EXECUTORS AND ADMINISTRATORS. on appeal, informalities in, 724. on appeal, need not be signed by appellant, 723. CARRIER, baggage for which he is answerable, 47. by bank directors, to enhance value of stock, 88. by employees, to cheat employer, 87. by husband and wife, whether indictable, 84. by overseers of poor, to rid parish of paupers, 91. gist of the offense, 82. if two are indicted, both must be acquitted or convicted, 84. indictment to cheat and defraud, whether must state the means used, 85. instances of, 87. is a joint offense of two or more, 84. miscellaneous instances of, 94. overt act need not be proved, 82. punishable under laws of United States, 93. to arrest or maliciously prosecute, 89. to assault or batter, 90. to charge one with a criminal offense, 89. to charge one with being father of a bastard, 89. to cheat and defraud, 85. to cheat a municipal corporation, 87. to cheat at gaming, 87. to commit in concert an act which is not indictable if committed by one only, 83. to commit or cause any crime, 90. to commit a civil trespass, 92. to defraud by mock auction, 86. to extort money, 88. to induce a female to become a prostitute, 91. to induce an infant to marry without parent's consent, 91. CONSPIRACY, to injure property, 92. to intimidate voters, 93. to obstruct public justice, 91. to obtain goods by false pretenses, 86. to raise price of labor and materials, 92. to seduce a female, 90. to secrete property to defraud creditors, 86. to subject person to commission of lunacy, 89. to tar and feather a man, 90. CONSTITUTIONAL LAW, retrospective statutes, 574. statute directing performance of judicial functions in a particular way, 574. statute validating void judicial proceeding, 574. CONTRACT of corporation beyond their powers, 341-344. partly illegal, 344. prohibited by law, 342–344. CONTRACTOR, employer generally is not answerable for neglect of, 200. employer is answerable for act of, when the contract is unlawful, 202. not answerable for neglect of subcontractor, 201. CORPORATION avoiding its contracts because in excess of its powers, 341–344. note in name of agent, when binding on corporation, 73. CREDITORS, assignment for benefit of, form of, 596. assignment for benefit of, recording, 597. CREDITOR'S SUIT, judgment against debtor, how far evidence in, 298. aiders and abettors, how to be indicted, 375. constructive presence at commission of crime, 373. distinction between accessary, aider, and abettor, 373. distinction between principal and an aider or abettor, 373. misdemeanors, who deemed aiders and abettors, 375. person incapable of being principal may be an aider or abettor, 375. presence at commission of crime does not alone make one a party, 374. presence at commission of crime requisite to make one a principal, 374 suicide, counseling one to commit, 375. DAMAGES arising from storage of gunpowder, 283. for injuring others by acts done on one's own land, 282. for interference with one's land so as to injure others, 282. DEFINITION of accessary at the fact, 373. of aiding and abetting, 373. of conspiracy, 82. of constructive trust, 752. of resulting trust, 751. of writ of assistance, 152. DOWER, barring, by provision in will, 579. DRAFT, when operates as an assignment, 363. EQUITY, chattels, jurisdiction to compel delivery of, 589. jurisdiction over attaching, will extend over entire controversy, 589. EMPLOYER is answerable for act of contractor which necessarily produces in jury, 204. is answerable for all matters of which he is bound to take charge, 205. is answerable for contractor when contract is unlawful, 202. is answerable where he exercises control over contractor, 202. is answerable where he owes a duty, to see that work is properly performed, 202. not liable generally for neglect of contractor, 200. EVIDENCE to impeach statute by showing it was not properly passed, 616–623. to vary or explain contract, 546. 526. EXECUTORS AND ADMINISTRATORS, action against, by successors, 533. becoming guardian, how deemed to hold funds, 525. bonds, breach of, by converting or wasting assets, 526. bonds, breach of, by failure to deliver assets to successor, bonds, breach of, by failure to make true inventory, 525. bonds, breach of, by failure to render accounts, 526. bonds, breach of, by non-payment of debts, legacies, and distributive shares, 526. bonds, breach of, what constitutes, 525-528. bonds of executor governed by same rules as administrator's, 519. bonds of executor, when exacted, 519. bonds, none required in ecclesiastical courts, 519. bonds, remedy on, 528. bonds, remedy on, in equity, 528. bonds, remedy on, liability of principal must first be fixed, 529. bonds, suit on, by creditors, 531. chancery may compel giving security by, 519. legacy, suing for, 532. new and old bonds of, and liability of respective sureties on, 524. sureties of, death of, does not terminate liability, 524. sureties of, general liability of, 519. sureties of, liability for assets received from another state, 521. sureties of, liability for debt due from their principal to the estate, 521. sureties of, liability for duties imposed on principal as trustee, 522. sureties of, liability for equitable assets, 520. sureties of, liability for funds received by principal before his appoint. ment, 523. sureties of, liability for proceeds of land sold in another state, 520. sureties of, liability for proceeds of sale made without order of court, 520, sureties of, liability for rents of real estate, 520. sureties of, not liable for acts of principal not done in his official capacity, 523. sureties on bond of administrator of living person, 523. sureties, termination of liability of, 524. EXECUTION, interest of cropper when subject to, 410. FACTOR, damages, measure of, for violating instructions, 351. GIFTS, causa mortis, 362. delivery essential to, 362. of donor's own note, 362. GUARDIAN, bonds of, suit on, 534. GUNPOWDER, liability for explosion of, when stored on one's land, 283. HOMICIDE, by one who believes his act to be in self-defense, 293. self-defense, what sustains plea of, 293. INDICTMENT, aiders and abettors, miscellaneous cases of, 3.6. description of money should state value of pieces stolen, 233. value of money, how may be stated, 233. INFANT, disaffirming one deed by making another, 183. on unliquidated demands, 278. JUDGMENT, as evidence against sureties, 298. as evidence in creditor's suit, 298. lien of, not continued by levy of execution, 166. JUDICIAL SALE, purchaser becomes party to proceedings, 695. under order of probate court, 746. LANDLORD AND TENANT, cropper, interest of, before division, 410, 411. difference between underlease and assignment, 306. LAND OWNER, damages against, for explosion of gunpowder, 283. damages against for explosion of boiler, 283. damages against for excavating his own land, 283. damages against for building high fence and darkening windows, 284. damages against for cutting line trees, 283. damages against for injuries from acts done on his own land, 282. LEGISLATURE, journals of, as evidence respecting passage of statute, 616–623 motive of members, not subject to inquiry to impeach bills, 623. LIMITATIONS, new promise by partner after dissolution, 330. new promise by one of several joint and several promisors, 331. MANDAMUS to compel transfer of stock, 536. MASTER AND SERVANT, contractor not generally deemed a servant, 200-208 tort committed by servant without master's authority, 318. MARRIED WOMAN, separate estate, mortgage of, for husband's debt, 768. MISREPRESENTATION as ground for avoiding contract, 722. NEGOTIABLE INSTRUMENTS, guarantor discharge of, by indulgence, 302. indorser, discharge of, by indulgence, 302. indorser, rights of accommodation, 303. PARTITION, parol, 746. PARTNERSHIP, dissolution, power of partner after, 330. PAYMENT, note when presumed to be a, 73. |