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NEW TRIAL-Continued—

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6. time of making motion reckoned from verdict and not from enter-
ing of judgment.

665, 302, 307

7. court may require payment of costs of former trial but not of

all costs.

302, 595

8. party has 40 days to pay costs though the order gives him less . 302
9. person moving for becomes party to the action.
10. decree in action for, vacating all orders prejudicial to petitioner,
effect of..

303

303

11. order overraling motion for, right of court to set aside order
after expiration of term.

367

12. time of making motion for in Louisville Chancery Court
13. no reversal for error not set out in grounds for

367

369

14. filing additional grounds after expiration of time

450

15. setting aside order granting new trial for failure to pay costs,
not reversible . .

595

16. action for is equitable or ordinary according to character of
original proceeding, competency of witnesses in such action. 595
17. new trial on account of smallness of damages.
657
18. party asking new trial abandons previous motion for judgment
on the verdict

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19. misconduct of jury first complained of on motion for new trial, 523
20. time of moving for, where there is special verdict

745

21. one convicted of lesser offense moving for new trial may be con-
victed of greater offense on retrial

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NULLA BONA-See Fraudulent Conveyances, 2, 3, 10—

1. amended petition setting out return of nulla bona judgment
thereon without process is void

218

2. filing of the bill created no lien on life estate of husband in land
of wife then living

363

3. action on return of, in what county it must be brought

670

OBSTRUCTING PUBLIC ROAD-

1. Indictment for, necessary allegations.

OFFICIAL LIABILITY-

1. of judicial officers acting within their jurisdiction.

2. of president and directors of bank for violating the charter

3. clerk employed by public officer is liable to him and not the pub-
lic for misappropriating money. .

OPINIONS-

1. practice of requiring all opinions to be in writing.

521

220

328

34

755

OPPRESSIVE BARGAIN-

1. note executed by cestui que trust to her trustee for balance due
and ten per cent. interest

669

OVERRULED CASE-

1. Paducah, &c., R. R. Co. v. Commonwealth

227

PARDON-

1. right of Parliament to grant conditional pardon . .

375

2. pardoning criminals immediately after conviction, the policy of, 530
PARENT AND CHILD-

1. right of father to custody of child

3

2. liability of one employing minor in dangerous business over
objection of parent

367

3. right of son to recover for maintenance of his mother
PAROL EVIDENCE-

665

1. admission of where both parties admit that the writing does not
contain the true agreement

362

2. admissible to show circumstances under which deed was made. 361

PARTIES-

PAGE.

1. plaintiffs claiming under one title may sue several defendants
claiming under same title though they claim different parts
of the land ..

99

2. one on whose motion certain parties were striken out as plain-
tiffs can't afterwards complain that they were not made parties, 289
3. right of one who claims interest hostile to both plaintiff and de-
fendant to be made party

.

308
4. suit by one partner on firm contract is fatal defect of parties. 221
5. promise to debtor to pay his debts, right of one creditor to sue
without joining others.

6. action dismissed without prejudice for defect of parties

PARTITION---

1. action for, who are necessary parties

PARTNERSHIP-

1. a partner has the right to sell but not to pledge partnership prop-
erty

707

746

559

168

2. right of individual creditor levying on partnership property.
3. suit by one partner on firm contract, fatal defect of parties and
not waived by demurrer

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4. sale by partner of his interest in the firm, rights of the pur-
chaser

303

5. suit to settle partnership affairs, no accounts kept, petition will
be dismissed

303

6. money borrowed in contemplation of partnership but before the
terms had been agreed on, firm is liable

367

7. partner can't relieve himself from liability for money paid to co-
partner by giving notice not to trust him must dissolve.

8. the facts show that the father had taken his sons into partner-
ship and they are entitled to share in the profits after paying
him interest on his capital . . .

367

521

9. right of one partner to sign firm name to negotiable paper
10. firm real estate, how far regarded as personalty

596

665, 699

11. right of widow to dower in firm real estate

665

12. no partnership existing when land was bought, effect of its sub-
sequent formation on right to dower.

666

13. partner assigning firm assets for benefit of creditors, effect of
14. duty of assignee as to attaching firm creditors
15. a trade mark is part of partnership assets

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16. firm property levied on for individual debt, right of partners to
sell such property.

220

17. real estate, when regarded as partnership property
PATENTS-

665

1. giving number of acres and names of owners of exclusious, not
void for uncertainty.

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2. State can issue but one patent for same tract though it should
acquire title a second time.

108

3. containing exclusions, duty as to showing that the land claimed
is not excluded

504

4. valid patent can not be issued for land previously surveyed and
occupied

666

5. patent for certain number of acres "excluding all surveys of
record" void for indefiniteness .

682

PEDDLER'S LICENSE-

I. required of all peddlers, effect of amending act exempting ped-
dlers residents of this State . .

349, 711

PENALTY-

1. in action for by Commonwealth appeal lies from county to cir-
cuit court.

PENSION MONEY-

1. its liability for debts of pensioner

90

304, 666, 745

PERSONAL REPRESENTATIVES-See Decedent's Estate, 3, 4-
1. failing to make settlements, no compensation.

PAGE.

2. suit against administrator for goods sold intestate, denial of
knowledge or information is sufficient

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

4. presumption that commissioner in making his settlement
charged administrator with proper interest.

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5. administrator refused credit for his expenses in trying to enforce
fraudulent contract

596

6. degree of care required of in managing the estate
7. liability for failing to sell slaves

596

596

8. right of devisee accepting note belonging to the estate in pay-
ment of debt due him by the executor

670

PETITION FOR REHEARING-

1. mandate issuing on, the two are to be construed together
2. error waived in the petition, effect of .

449

449

3. filing in vacation

214

4. filing in Superior Court, effect of on time for appealing to Court
of Appeals

509

PLEADING-See Defenses; Malicious Presentation, 3; Practice in Civil
Cases, 8, 10, 16, 21; Taxes, 11-

1. in action for work done, answer denying indebtedness and plead-
ing payment, held, the value of the work was not in issue

2. insufficient denial of indebtedness

3. suit on contract to pay money must allege breach

65

221

4. suit for delivery of personal property where there are several
articles. necessary allegations

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5. proving allegations of value or damage though not traversed. 304
6. meaning of section 115, Civ. Code, requiring pleadings to be
"signed"

7. in action for goods sold necessary allegations of petition
8. allegations defectively stated or omitted cured by form of issue
requiring proof of such facts

318
341

341

9. suit against administrator for goods sold interstate, denial of
knowledge or information is sufficient

341

10. suit on bond to pay money on condition, performance of condi-
tion not sufficiently pleaded

522

11. in suit on account it should be alleged the goods were worth the
amount charged.

522

12. defect in substance in petition not cured by pleading over, answer
must expressly allege the omitted matters

596

13. plea of non est factum must be affirmative-denial of knowledge
or information insufficient. .

596

14. in construing a pleading inferences favorable to the pleader not
indulged

597

15. allegations of answer which simply contradict allegations of
petition require no reply

597

16. right of parties to waive written pleadings
17. the issue as to payment, held, fully made up

668

745

18. denial of "knowledge or information" as to a judgment.

745

19. though unnecessary to allege any consideration, that set out must
be proved.

440

20. pleading acts of another State

449

21. suit against corporation, petition should allege the incorporation, 522
22. necessary allegations can't be supplied by exhibits

597

23. denials should not be conjunctive or of conclusions of law.
24. in action to subject separate estate for debt, necessary allega-
tions . .

666

669

25. defects in pleading cured by verdict

304

26. failure to deny immaterial allegation, it should not be accepted

as true.

522

POMEROY, JOHN NORTON-

PAGE

1. notice of his death

582

POSTHUMOUS CHILD--

1. right to recover his share of his father's estate sold by order of
court in action brought before he was born

176

2. not estopped because he had previously sued his guardian for
the proceeds of sale ..

176

POWER OF ATTORNEY-See Separate Estate, 1-

1. deed made under is valid though the power was not recorded. . 666
2. revocation of the power does not affect title of purchaser with-
out notice

667

POWERS-

1. devise of absolute estate to one, giving power to sell and reinvest
to another

381

PRACTICE IN CIVIL CASES-See Parties, 2-

1. what defects in pleading are cured by pleading over or by ver-
dict.

304, 341, 596

2. several cases ordered heard together, admission of fact in one is
such in all

307

3. must be both objection and exception to motion to strike out part
of a pleading

307

4. where plaintiff is entitled to judgment by default the case need not
be placed on the trial docket and submitted.
5. party obtaining rule and failing to cause court to act on can't com-
plain.

307

307

6. defendant objecting to filing of petition of one to be made party
did not waive the objection by asking time to answer

308

7. the finding by court or jury of a fact denied by the petition, no
benefit to plaintiff.

369

8. no right to file supplemental pleading setting up new facts after
judgment affirmed on appeal

450

9. order sustaining motion to set aside judgment relates back to
making of motion.

510

10. erroneous to dismiss petition pending reference to commissioner, 523
11. judgment filed with clerk in vacation, motion to set it aside over-
ruled at next term, effect of

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12. two defendants appointed to defend for all can't bind any whose
interests are adverse to theirs

597

14. party asking new trial abandons his previous motion for judg
ment on the verdict

13. case submitted on execeptions to commissioner's report, error to
dismiss petition

598

665

.

15. party compelled to elect between defenses may amend his answer
so as to set out more fully the defense he abandons
16. action should be dismissed without prejudice for
parties

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17. mistake in sueing in equity instead of at law, how taken advantage

of

746

18. petition stating no cause of action against any defendant dis-
missed though only one demurred

746

19. motion to require plaintiffs to elect was waived by failure of court
to act on it. .

746

20. court overruling demurrer or objection to a pleading but after-
wards concluding to sustain it should give leave to amend 307, 318
21. one who can't complain of verdict cannot of the judgment. 309
22. right of parties to waive written pleadings by oral agreements. 667
23. form of order allowing wife to prosecute action in her own name, 297
24. plea of limitation defective but no objection being then taken it
can't be afterwards made on appeal
448-

PRACTICE IN CRIMINAL CASES-

1. no reversal for improper argument of Commonwealth's attorney
not objected to .

PAGE.

50

2. under indictment for robbery accused may be convicted of larceny, 195
3. failure to instruct that the offense must be proved beyond reason-
able doubt, reversible error. .

222

4. accused absconding before jury returned its verdict, no ground
for reversal.

305

5. in such case delay in entering judgment until his re-arrest, no
ground of reversal

6, discretion of trial court in permitting additional evidence after
party has announced himself through.

7. witness testifying without being sworn and without appellant
knowing he had been in penitentiary, this no ground for dis-
charging jury and continuing case.

8. failure of witness to testify as expected of him no ground for
discharging jury for new trial.

305

306

407

220, 408

9. conduct of Commonwealth's attorney in ordering witness to con-
ceal facts from accused, ground for discharging jury and con-
tinuing case

408

10. court can reverse verdict only when there is no evidence to show
guilt
450, 523, 597
11. indictment charging several offenses is demurrable, but court
overruled demurrer and required prosecution to elect, no error. 221
PRESUMPTIONS-

1. no presumption of receipt of letter from fact of its being mailed
properly addressed and stamped . . .

481

2. English courts assume innocence of accused-the French his
guilt. . .

580

3. presumption of death arising from oue's absence, effect of receiv-
ing letters

739

4. party having possession of books refusing to produce them, pre-
sumption therefrom.

659

PRINCIPAL AND AGENT-See Agency.

PROCESS-See infant's Real Estate, Sale of, 3, 5-

1. summons being lost proving the return by clerk's entry on rule
docket and recitals in judgment

523

2. absurd rule throwing out cross bill in which defendant fails to
pray for process

580

3. service on administrator who paid merely for infant's mainte-
nance was not "the person having charge of him".

598

4. affidavit for attachment defective but process properly served,
judgment not void.

532

5. amended petition setting up return of nulla bona, there must be
process on

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2. is the proper remedy against hostile claims affecting the marketa-
bility of a title

102

1. stock injured by failure to keep up fence, road is liable

17

2. dead beat injured while stealing a ride can't recover for negli-
gence of the road

56
56

3. passenger dropping valuables, road not obliged to stop train.
4. rate of speed through town-giving signal of approach of train
-deceased of weak intellect-willful neglect

5. care required of road as to trespassers on the track
vol. 6--3

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