CONTINUANCE-Continued-

PAGE.

8. failure to deliver spoe to officer not excused because defendant
heard witness had left the State

655

9. Commonwealth's attorney ordered witness to conceal evidence
from accused, ground of continuance .

408

CONTRACTOR-See Mistake, 1-

1. and railroad in dispute between them, the engineer of the road
may act as arbiter.

441

2. engineer's estimates made during progress of work not binding
in making final settlement.

3. contractor demanding more than he is entitled to, effect of
CONTRACTS-

1. illegal contract may be cancelled.

2. right to assign contract for personal service

3. promise of one to debtor to pay his debts, rights of the creditors, 707
CONTRIBUTION-

1. among sureties, cause of action accrues when one has paid more
than his share.

2. surety paying debt barred by limitation as to his co-surety, not
entitled to contribution

3. stockholder paying debt of insolvent corporation, his right to
contribution from other stockholders.

4. surety who paid debt reimbursed in part by principal, what he
may recover from his co-surety

5. surety paying debt by executing his note, right to contribution
and that too though creditor should afterwards release him on
the note..

184

398

451

491, 768

6. contribution among directors of a corporation guilty of con-
structive fraud or breach of trust

761, 398

7. suit against several sureties allowed to abate as to one till barred
by limitation, effect of on right to contribution from him . . . 184
CONVERSION OF PROPERTY, EQUITABLE—

1. money directed to be converted into realty not regarded as realty
unless the conversion is ordered by proper instrument

217

4. dividends should be paid out of net gains only.

2. verbal direction of married woman on her death bed is ineffectual, 217
CONVEYANCE-See Deed-

CORPORATION-See Stockholders, 1, 2-

1. organization under Gen. Stat., notice must be given, otherwise
stockholders individually liable

2. indictment against corporation should allege its existence

3. petition should allege the fact of incorporation

5. liability of directors for speculating in assets of the company

6. corporation continues liable for its debts after its property has
been sold

761

7. for what offenses corporation may be indicted

292

COSTS-See Alimony, 3-

1. reversal of judgment with leave to plaintiff to amend petition,
his liability for costs

656

2. who is "unsuccessful party" in the meaning of agreement, that he
pay cost of copying record

292

.

3. when a cost of a copy of the record may be taxed as costs
4. right of clerk to charge for copying under such agreement where
no copy is in fact made

293

316

5. questions as to liability for costs on appeal should be raised be-
fore submission or by petition for rehearing

737

6. one applying for removal of gates for public roads, his liability
for costs

737

COUNTERCLAIM-

1. precision required in pleading for misrepresentation as to value
of goods sold

221

COUNTERCLAIM-Continued—

PAGE

2. plaintiff suing for trespass to land, defendant may set up his own
title to land as counterclaimi

COUNTY-

387

1. in subscribing to stock in railroad acts as quasi private corpora-
tion

361

COUNTY BONDS-

1. a fund accumulated for payment of principal of the bond can't
be applied to the interest.

361

2. county estopped to deny validity of its bonds.

361

3. innocent holder not bound to see that provisions of the acts
were complied with

361

4. judgment against county to be enforced against its private prop-
erty only

361

5. county having made one levy to pay interest coupons can't be
required to make another

656

6. creditor merging interest coupons into judgment, right to be
paid out of the interest fund.

2. has same jurisdiction in criminal cases as justice of peace
3. statute imperatively directing county court to do ministerial act,
county judge may do it alone or jointly with the justices.
4. county court having power to act and refusing to do so may be
compelled by mandamus

301

361

755

5. act requiring county court to submit to vote questions of sub-
scribing to railroad, constitutionality of

361

6. county creditor proceeding by notice to enforce his claim against
sheriff, what notice must contain .

1. meaning of the phrase "co-extensive" in defining jurisdiction of a

1. parol covenant to maintain fences does not run with land

656.

17

2. right of vendor where some lots in a tract are sold with restriction
as to kind of building to be erected and other without it. ... 426
CRIMINAL LAW-

1. statutory offense of stabbing in sudden affray, instruction as to
sufficient provocation erroneous

442

2. violation of statute may be punished after the statute is re-
pealed . . . .

520

3. presumption as to the prisoner's guilt, difference of English and
French law as to

2. in action against railroad for personal injuries, conductor treat-
ing passenger with insult, she may recover exemplary damages, 668, 512
3. wrongdoer is liable for all the natural consequences of his wrong-

ful act.

453, 464

DAMS. ERECTING-See Franchise, 2.
DAVIE, G. M.—

1. response to toast- "how to argue a bad cause' -at bar associa-
tion dinner

141

DE FACTO OFFICER-

1. act of special judge, validity of as defacto officer
DEBTOR AND CREDITOR-

1. creditor accepting note on third party and agreeing to pay bal-
ance to other creditors, their rights.

588

2. right to devise absolute estate and exempt it from liability for
devisee's debts . . .

381

3. land sold on promise of grantee to pay grantor's debts, rights of
creditors

1. bastard suing his father's estate for support, competency of his
mother as a witness

590

2. re-settlement can't be ordered in county different from that in
which personal representative qualified.

218

3. right of personal representative to sue for settlement of the estate
though there is no personalty

4. suit for services rendered decedent, competency of statements
made in various wills as to the services and their value
5. statement as to what witnesses would have performed same
services for incompetent. . .

512

589

596

6. one may testify for herself when one interested in the estate has
testified?

590

7. assignment of claim against the estate which has been allowed
by court, rights of assignee

734

8. contract with decedent being otherwise proved, a party may tes-
tify to what he did in performing his part of it

742

DEDICATION-See Alleys, 1.

DEED-See Power of Attorney, 1-

1. recital of a deed in another deed, effect of as evidence

201

2. reformed where tract described as "100 acres more or less" con-
tained 241.

216

3. effect of recital in deed of existence of alley without any express
grant

253

4. deed construed conveying conflicting estates

313

5. conveying life estate to one instead of fee-simple, as intended,
may be reformed

8. deed absolute in form, court refused to consider a mortgage
9. the names of grantors were omitted from the granting clause of
the deed, effect of

442

512

10. the land held liable for necessaries only though the deed made it
liable for debts generally, intention of grantor controls

568

11. rights of grantee in unrecorded deed.

737

12. valuable consideration may be shown though that recited in deed
is love and affection

737

13. grantor describing himself improperly as executor instead of
guardian

201

DEFENSES-

1. surety's plea that creditor had released a lien on the debtor was
not exclusively legal defense, no transfer

442

2. denying existence of partnership and pleading that it was un-
lawful not inconsistent

666

DEMAND-

1. attorney receiving money for his client which he knows belongs
to another, no demand is necessary

DEMURRER-

PAGE.

1. overruled, may afterwards be sustained and right to amend given, 307
2. petition stating no cause of action against any defendant, effect
of demurrer by one party only
DEPOSITION-

1. no objection to reading of that witness lives in county where
action is pending

746

216

2. exception to competency overruled if any part is competent, 216, 588
3. exceptions waved by court failing to act on
659
4. lodged with papers but by oversight of clerk not marked, effect of 787
5. both parties to equitable action having given deposition, one
dies, deposition of the other may be read
DEPUTY-See Sheriff, 4, 7, 10-

657

1. right of sheriff to appoint deputy to execute process in another
connty

334

2. liability of such deputy for homicide committed while serving
process

334

DESCENT AND DISTRIBUTION-

1. when heir is chargeable with debt due the estate by his father, 48, 216
2. right of widow to exempted articles in addition to her distribut-
able share.

738

3. infant dying without issue, descent of its land inherited of its
mother

621

4. right of heir to sue for ancestor's unadministered estate

296

5. suit against heir for ancestor's debt, administrator should be
joined

296

6. land descended in another State, liability of heir here for ances
tor's debt.

490

7. liability of heir or devisee to the extent of assets descended or de-
vised

363

DEVISES -See Charitable Uses, 1-

1. devisee being dead, liability of his child for debt due the estate. .
2. particular devise is defensible fee

48

216, 293

3. testator valuing land devised, the valuation is part of the de-
vise

4. devise construed to convey life estate to one with remainder to
his children because such estates had been given the other de-
visees

216

362

5. intention of testator being in doubt construction favorable to
non-alienation will not be adopted

362

6. land devised afterwards sold by testator, rights of devisee
7. devise to M "as trustee and guardian” of H, M held as guardian
only and at H's majority she was entitled to the estate
8. prohibition of sale for reinvestment applied to life estate only
and not to remainder

376

443

513

9. specific legacy to granddaughter, held, she was not entitled in ad-
dition to her share of the estate as heir.

513

10. meaning of the words "bodily heirs"

588

11. devise of defeasible fee with remainder over, right of remainder-
man to unconsumed profits at death of first devisee
12. devisee accepting trust funds of executor in payment of individ-
ual debt acquires no title

589, 657

670

13. testator devising particular fund to maintain his son, that fund
being exhausted, right of step-father who had furnished mainte-
nance to subject realty

. . 738

14. devise "to her and her heirs, and if she dies without issue" it to
revert, creates fee simple

738

15. defeasible fee ought not to be created by implication
16. liability of devisee for debts of devisor

293

363

17. mere declaration of intention to make devise to particular per-
son, his rights. .

526

DEVISES-Continued-

PAGE.

18. devise of estate in trust free from devisee's debts, effect of .
19. devise of absolute estate to one, vesting power of alienation in
another.

20. father directed equal division of his estate, this applied to that
he owned at his death and not to land deeded his children during
his lifetime

DIRECTORS-See Banks, 5, 6-

1. liability of for speculating in assets of corporation

2. contribution among directors

DISCOVERY-

1. action for under Civil Code, section 685, where there is only one
defendant.

2. filing bill for creates no lien

DIVORCE-See Alimony-

1. husband a native German but living in France, though not natural-
ized there, difficulty of wife in obtaining divorce either in France
or Germany

2. where husband ordered wife to leave, no abandonment by her .. 216
3. though the deposition shows the residence of the parties the cer-
tificate of officer must accompany it

1. no dower in land for which bond for title was given before the
marriage

201

2. infant married woman joining in husband's deed, effect of
3. doweress having suffered sale of productive real estate without
objection can't complain that her one-third is unproductive

201

293

4. dower though not assigned may be sold under execution.
5. widow may claim dower or homestead but not both

6. is barred by wife relinquishing in body of the deed and signing
and acknowledging

443

7. widow allowed homestead is chargeable with it in allotting dower, 657
8. dower in indivisible property, receiver appointed to pay widow
one-third of rents.

658

9. wife receiving more than value of her dower, right of husband's
creditors to the excess.

518

10. right to dower in partnership real estate

665

11. appropriation to partnership purposes of land to which dower
had already attached

666

12. widow adjudged dower but second judgment confirming com-
missioner's report did not restrict her interest in the land to
dower, effect of

13. widow is entitled to homestead in her dower
DRUNKENNESS-

636

1. crime committed while drunk, punishment of among the Greeks, 507
2. no excuse for murder

443

DURESS-

1. advantage taken of one's pecuniary distress to obtain unfair con-
tract is duress.

263

ELECTION-

1. special judge can't be elected for a whole term but parties, agree-
ing such judge may try their case, are estopped afterwards to
object

17

2. on appeal to circuit court from board of contested elections the
notice can't be objected to after the case has been submitted. . 739
3. on appeal all evidence, including the poll books, should be put in
the bill of exceptions

739

4. vacancy in county clerkship, time for special election

233

ENGINEER-

1. of railroad may act as arbiter between it and contractor