HOMICIDE-Continued- PAGE. 4. right of bystander to kill one in order to prevent commission of 364 5. necessity of preserving one's own life does not justify killing 373 HUSBAND AND WIFE-See Injuries Personal, Action for, 1— 1. form of order allowing wife to prosecute action in her own name, 297 297 3. his right to release mortgage made to her 297 4. note for purchase price of wife's land made payable to husband 5. husband conveying his land to secure his wife's debt, rights of 248 514 6. wife refusing to join in husband's deed unless grantee paid her 518 8. liability of her general estate for necessaries 9. employment of attorney to obtain decree selling her realty for . 10. in suit for necessaries what defenses she may make 518 519 11. he having converted her property, his subsequent transfer of 661 674 13. in action to enforce contract between them, though contract is 740 14. promise of husband to pay for the surrender of note executed by 537 IMPROVEMENTS-- 1. vendee being dead, his right to recover for improvements vests 748 2. rights of parties to rents and improvements upon recission of 3. purchaser of land by parol contract refused a deed, his right to INDICTMENT-See Gaming, 1; Liquor Selling, 1- 1. charging more than one offense defendant may demur or require 221 2. against corporation should allege its corporate existence 306 3. indictment in one court for offense of which another court has 368 4. two or more persons libeled in same writing, one indictment suf- 419 5. for statutory offense should follow the words of the statute 657 229 INFANT-See Judgments, 1, 2; Process, 3- 2. infants permitting representation as to their estate are barred 3. what are necessaries for 1. liability of one employing infant in dangerous business with- ... 784, 367 513 579 INFANT'S REAL ESTATE, SALE OF- PAGE 1. joint property which is indivisible, necessary allegations to anth- .. 217, 741 2. suit by guardian for sale of joint property, infants not necessary 218 3. amended petition asking sale of additional tract, no process nec- 218 4. failure to appoint guardian ad litem renders order of sale void- 364 5. answer of guardian cured failure to serve process 218 1. court in this State may enjoin resident here from selling land 8 2. when injunction will issue to prevent a trespass to land or re- 3. to restrain execution sale of exempted property need not be 86, 298, 682 298, 741 4. such sale can't be enjoined unless remedy at law is inade- 298, 741 593 8. equities on which injunction is asked must be distinctly set out, 593 682 1. right of wife to sue for injuries to her husband resulting in his 14 2. mutual combat, right of one combatant to recover from the other 752 3. one maliciously killed, right of his personal representative to re- 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 318 2. purchaser of land subject to mortgage, his liability for the 308 2. "uncontrollable impulse" as a phase of insanity and as a defense 604 INSTRUCTIONS-- 1. all of them should be considered together. 51 2. presumably none other than those set out in the bill were given 72 3. instruction embodying the theory of one side only, improper 95 INSTRUCTIONS-Continued- PAGE. 4. peremptory instruction improper where there is any conflict in 5. when error in one instruction is cured by giving another which 264 . 51, 305, 662 6. reversal for erroneous instruction though the entire evidence was 7. no reversal for erroneous instruction, not excepted to or made 369 50, 584 8. oral instruction to jury that they should try the case according to 662 9. court and not the clerk certifies as to what instructions were 736 10. if special findings sustain the verdict errors in the instructions 631 11. erroneous instruction neither objected or excepted to, no re- 50 INSURANCE- 1. false statement, if immaterial, does not avoid policy 2. immaterial that insured was diseased prior to but not at the date 49 3. opinion of insured that he had a disease incompetent 49 196 5. forfeiture clause in policy for failure to pay interest on premium 271 6. duty of company to so apply dividends due the insured as to pre- 271 7. policy in benevolent company, person entitled to take upon the 393 8. forfeiture of policy for frilure to pay three annual premiums 446 446 10. levy of execution on property is not such change of possession as 593 11. the question of ownership of the insured goods being once 447 49 INTEREST- 1. in action by passenger against a railroad for personal injuries 208 2. at conventional rate after maturity of note, reversal for allowing, 289 299 4. agreement as to interest to be gathered from note and mortgage 515 5. payable in installments, default in, independent action for each 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- 516 9. note payable one day after date, agreed rate runs until pay- 742 10. interest rans on judgment unless expressly prohibited. 447 1. one injured in both his person and property by the same act, right 679 JOINT TENANT-See Lien, 3- PAGE 1. one tenant occupying the land, his liability to his co-tenant for 2. one tenant not entitled to lien on the share of his co-tenant for 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 49 2. error of judgment against infant apparaut on face of record cor- 49 5. given in evidence, it can't be collaterally attacked or shown that 8. not roid for uncertainty if by reference to record it becomes 447 9. interest runs on judgment unless expressly prohibited. 447 516 516 13. though affidavit for attachment was defective yet process being 532 14. defendant having paid part of judgment for which he had re- 593 15. erroneous judgment can be corrected after expiration of term by 662 16. amended petition, setting up return of nulla bona, without pro- 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 651 19. court having jurisdiction of subject-matter and parties its judg- 662 20. judgment is not assignable so as to vest right of action in as- 734 JUDICIAL NOTICE- 2. taking judicial notice of the navigability of streams 1. not taken of acts of another State by pleading the fact and date 449 671 742 JUDICIAL SALE- 1. rights of posthumous child in his father's land sold in action to 176 2. mode of determining whether property sold for two-thirds of its 300 3. debtor being insolvent and property indivisible, sale was not 300 4. title passes as it stood on day of sale. 300 5. of property of persons under disability, decisions on reviewed 311 others 365 JUDICIAL SALE-Continued- 7. purchaser bound by lien notes evidenced by deed filed in the case, 451 517 10. confirmation of sale after death of defendant and before revivor 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, 663 663 14. sale to innocent purchaser not set aside on account of miscon- 663 15. court will take judicial notice of indivisibility of city lot. 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, 653 741 8 4. affidavit for attachment was defective but process was duly 531 JURY- 1. evils of general exemption from jury service 53 227 3. construction of the jury should vary with the nature of the issue, 606 755 5. misconduct of jury first complained of on motion for new trial, 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., 301 752 KENTUCKY REPORTS- 1. decline in legal value of LAND- 1. separating timber upon and mines underneath from the soil, in 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- 447 2. tenant subletting without consent of landlord, effect of 519 663 663 5. assignee may relieve himself from further liability by assigning 663 6. landlord failing to assert his lien on property of tenant does 118 LARCENY- 1. one who comes rightfully into possession of goods of another is use 34 3. evidence of extravagant habits of accused prior to commission of 34 |