HOMICIDE-Continued-

PAGE.

4. right of bystander to kill one in order to prevent commission of
a felony

364

5. necessity of preserving one's own life does not justify killing
another innocent, unoffending person

373

HUSBAND AND WIFE-See Injuries Personal, Action for, 1—

1. form of order allowing wife to prosecute action in her own name, 297
2. wife's right to settlement in equity of whole amount of a note
though husband owed payor

297

3. his right to release mortgage made to her

297

4. note for purchase price of wife's land made payable to husband
and wife, rights of his attaching creditor to

5. husband conveying his land to secure his wife's debt, rights of
grautee as against husband's creditors, rights of wife to whom
creditor conveyed the land.

248

514

6. wife refusing to join in husband's deed unless grantee paid her
$500 of the purchase money for her dower right, right of hus-
band's creditor to so much of $500 as exceeded value of dower 518
7. her property subjected to repay money borrowed by him to im-
prove it

518

8. liability of her general estate for necessaries

9. employment of attorney to obtain decree selling her realty for
her maintenance is a necessary

.

10. in suit for necessaries what defenses she may make

518

519
519

11. he having converted her property, his subsequent transfer of
property to indemnify her invalid as against his creditors
12. deed made by woman in the interval between engagement and
marriage, when void as to husband.

661

674

13. in action to enforce contract between them, though contract is
in writing, consideration must be alleged

740

14. promise of husband to pay for the surrender of note executed by
his wife with his consent is binding

537

IMPROVEMENTS--

1. vendee being dead, his right to recover for improvements vests
in his personal representative

748

2. rights of parties to rents and improvements upon recission of
contract for exchange of lands. .

3. purchaser of land by parol contract refused a deed, his right to
compensation for improvements

INDICTMENT-See Gaming, 1; Liquor Selling, 1-

1. charging more than one offense defendant may demur or require
prosecution to elect.

221

2. against corporation should allege its corporate existence

306

3. indictment in one court for offense of which another court has
exclusive jurisdiction need not be set aside

368

4. two or more persons libeled in same writing, one indictment suf-
ficient

419

5. for statutory offense should follow the words of the statute
6. indictment charging robbery of silver dollar and a warrant of
arrest does not charge two offenses

657

229

INFANT-See Judgments, 1, 2; Process, 3-

2. infants permitting representation as to their estate are barred
thereby.

3. what are necessaries for

1. liability of one employing infant in dangerous business with-
out consent of parent

... 784, 367

513

579

INFANT'S REAL ESTATE, SALE OF-

PAGE

1. joint property which is indivisible, necessary allegations to anth-
orize sale of.

.. 217, 741

2. suit by guardian for sale of joint property, infants not necessary
defendants

218

3. amended petition asking sale of additional tract, no process nec-
essary . .

218

4. failure to appoint guardian ad litem renders order of sale void-
able, not void.

364

5. answer of guardian cured failure to serve process
INJUNCTIONS--

218

1. court in this State may enjoin resident here from selling land
in Illinois

8

2. when injunction will issue to prevent a trespass to land or re-
strain a sale of it. .

3. to restrain execution sale of exempted property need not be
asked in same court rendering judgment.

86, 298, 682

298, 741

4. such sale can't be enjoined unless remedy at law is inade-
quate...

298, 741
5. common carrier, right to enjoin execution sale of its property. 298
6. to protect equitable interests from sale under execution.
298
7. right to restrain judgment because proper credits had not been
given on it..

593

8. equities on which injunction is asked must be distinctly set out, 593
9. suit on injunction bond, what attorney's fees are recoverable 661
10. in action to restrain trespass to land plaintiff must have right to
possession and be in possession

682
11. injunction not proper mode of trying title to personal property. 741
12. statute giving defendant right to action of replevin did not des-
troy his existing right to an injunction..
741
13. injunction to restrain county judge from granting liquor license, 789
INJURIES PERSONAL. ACTION FOR--

1. right of wife to sue for injuries to her husband resulting in his
death where he had brought suit in his lifetime and dismissed it
settled .

14

2. mutual combat, right of one combatant to recover from the other
for personal injuries

752

3. one maliciously killed, right of his personal representative to re-
cover damages

499

INNKEEPER--

1. liability for lost valuables of guests

298

INNOCENT PURCHASER-See Judicial Sale, 7, 12, 14, 16, 17-

1. his rights as against assignee of note for purchase money where
no lien was reserved on the land

318

2. purchaser of land subject to mortgage, his liability for the
amount thereof.

308
3. purchaser insuring such property, mortgagee's rights to policy. 308
4. purchaser at execution sale agreeing to give defendant time to
redeem, rights of purchaser on defendant's failure to do so.
5. purchaser of county bond not bound to see that law was complied
with

2. "uncontrollable impulse" as a phase of insanity and as a defense
for crime.

604

INSTRUCTIONS--

1. all of them should be considered together.

51

2. presumably none other than those set out in the bill were given
or refused

72

3. instruction embodying the theory of one side only, improper
unless its counterpart is given.

95

INSTRUCTIONS-Continued-

PAGE.

4. peremptory instruction improper where there is any conflict in
the evidence

5. when error in one instruction is cured by giving another which
is correct

264

. 51, 305, 662

6. reversal for erroneous instruction though the entire evidence was
not before the court...

7. no reversal for erroneous instruction, not excepted to or made
ground for new trial

369

50, 584

8. oral instruction to jury that they should try the case according to
the law and evidence not prejudicial

662

9. court and not the clerk certifies as to what instructions were
given and refused.

736

10. if special findings sustain the verdict errors in the instructions
are immaterial

631

11. erroneous instruction neither objected or excepted to, no re-
versal ..

50

INSURANCE-

1. false statement, if immaterial, does not avoid policy

2. immaterial that insured was diseased prior to but not at the date
of the application.

49

3. opinion of insured that he had a disease incompetent
4. provision in policy forbidding additional insurance, effect of
violating

49

196

5. forfeiture clause in policy for failure to pay interest on premium
note in cash invalid

271

6. duty of company to so apply dividends due the insured as to pre-
vent forfeiture

271

7. policy in benevolent company, person entitled to take upon the
death of beneficiary.

393

8. forfeiture of policy for frilure to pay three annual premiums
9. to maintain action for paid-up policy, plaintiffs must allege sur-
reuder of old one

446

446

10. levy of execution on property is not such change of possession as
avoids policy.

593

11. the question of ownership of the insured goods being once
settled in action between the claimants, it could not be again
opened in action against the company on the policy
12. proper relief under prayer for judgment for amount of policy
and interest

447

49

INTEREST-

1. in action by passenger against a railroad for personal injuries
judgment bears interest.

208

2. at conventional rate after maturity of note, reversal for allowing, 289
3. agreed rate of 10 per cent., death of one obligor, applying pay-
ments made after death of obligor . .

299

4. agreement as to interest to be gathered from note and mortgage
construed together

515

5. payable in installments, default in, independent action for each
installment . .

516

6. no interest on taxes as damages

516

7. reversal of judgment, interest runs from date of reversal

516

8. petition being uncertain, interest allowed only from date of fil-
ing petition

516

9. note payable one day after date, agreed rate runs until pay-
ment..

742

10. interest rans on judgment unless expressly prohibited.
JOINDER OF ACTIONS-

447

1. one injured in both his person and property by the same act, right
to bring separate actions

679

JOINT TENANT-See Lien, 3-

PAGE

1. one tenant occupying the land, his liability to his co-tenant for
rent....

2. one tenant not entitled to lien on the share of his co-tenant for
rents collected by the latter

691

JUDGES

1. both political parties naming the same candidate

2

2. liability of one who maliciously advises judge to render a judg-

ment

220

JUDGMENT-See Interest, 1, 7-

1. action to vacate on the ground of infancy, when it must be
brought

49

2. error of judgment against infant apparaut on face of record cor-
rectable only on appeal

49
3. reversal of judgment, effect of on rights or parties. . . 743, 299, 662
4. such judgment obtained by guardian and money expended on
ward, liability of guardian to repay after reversal

5. given in evidence, it can't be collaterally attacked or shown that
proceedings were irregular

8. not roid for uncertainty if by reference to record it becomes
plain..

447

9. interest runs on judgment unless expressly prohibited.
10. no appeal from void judgment till motion to correct is made, 509, 510
11. modifying for fraud, what must appear
12. for sale of land must describe land

447

516

516

13. though affidavit for attachment was defective yet process being
duly served judgment was voidable, not roid

532

14. defendant having paid part of judgment for which he had re-
ceived no credit may enjoin its execution

593

15. erroneous judgment can be corrected after expiration of term by
appeal only.

662

16. amended petition, setting up return of nulla bona, without pro-
cess, judgment on is void

218

17. one who can't complain of verdict, neither can he of the judg-

ment ..

369

18. judgment need not be excepted to though prepared by appellant's
counsel

651

19. court having jurisdiction of subject-matter and parties its judg-
ment is not void

662

20. judgment is not assignable so as to vest right of action in as-
signee

734

JUDICIAL NOTICE-

2. taking judicial notice of the navigability of streams
3. of indivisibility of city lot.

1. not taken of acts of another State by pleading the fact and date
of their passage.

449

671

742

JUDICIAL SALE-

1. rights of posthumous child in his father's land sold in action to
which he was not a party

176

2. mode of determining whether property sold for two-thirds of its
value..

300

3. debtor being insolvent and property indivisible, sale was not
premature though the whole indebtedness had not been ascer-
tained or homestead set aside

300

4. title passes as it stood on day of sale.

300

5. of property of persons under disability, decisions on reviewed
6. commissioner can't purchase at judicial sale even jointly with

311

others

365

JUDICIAL SALE-Continued-

7. purchaser bound by lien notes evidenced by deed filed in the case, 451
8. party is bound by statements of his attorney made at the sale 513
9. commissioner becoming interested in land sold after the sale, ef-
fect of.

517

10. confirmation of sale after death of defendant and before revivor
is void

11. sale of land in adverse possession, effect of

517

594

12. sale will not be set aside unless the purchaser is before the court, 663
13. neither defective description of land sold nor defective pleadings
makes sale void. .

663

14. sale to innocent purchaser not set aside on account of miscon-
duct of plaintiff's attorney

663

15. court will take judicial notice of indivisibility of city lot.
16. caveat emptor applies to purchaser, he must except before confir-
mation of report

742

742

17. right of purchaser to forcible detainer against parties in posses-

sion of land.

514

JURISDICTION-See Courts, 1-

1. depending on consent of parties, consent when given relates back, 653
2. equity jurisdiction not destroyed by creating remedy at law.
3. power of courts to order conveyance of land located in another
State.

741

8

4. affidavit for attachment was defective but process was duly
served, held, court had jurisdiction to order sale

531

JURY-

1. evils of general exemption from jury service
2. settling verdict by lot

53

227

3. construction of the jury should vary with the nature of the issue, 606
4. one-sixth of jury lists in Washington Territory are women

755

5. misconduct of jury first complained of on motion for new trial,
no reversal

523

JUSTICE OF PEACE-

1. has jurisdiction to try warrant for keeping tippling house

300

2. warrants need not conclude "against the peace and diguity," &c., 301
3. what cases involve question of title to land

752

KENTUCKY REPORTS-

1. decline in legal value of

LAND-

1. separating timber upon and mines underneath from the soil, in
the sale of land

99

2. upon sale of land standing trees pass with it

516

LANDLORD AND TENANT-See Limitation, Stat. of, 17-

1. lease for one year with privilege of renewal, effect of tenant hold-
ing over

447

2. tenant subletting without consent of landlord, effect of
3. assignee of lease liable for rent at same rate as assignor.
4. one in occupation of the leased premises, presumably an assignee
of lessee

519

663

663

5. assignee may relieve himself from further liability by assigning
over, he must assign all his estate

663

6. landlord failing to assert his lien on property of tenant does
not release a guarantor of the rent.

118

LARCENY-

1. one who comes rightfully into possession of goods of another is
not guilty of larceny if he afterwards converts them to his own
. 34, 675
2. evidence of commission of other larcenies inadmissable except to
prove intent

use

34

3. evidence of extravagant habits of accused prior to commission of
larceny inadmissible.

34