NEW TRIAL-Continued— PAGE: 6. time of making motion reckoned from verdict and not from enter- 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 . 302 303 303 11. order overraling motion for, right of court to set aside order 367 12. time of making motion for in Louisville Chancery Court 367 369 14. filing additional grounds after expiration of time 450 15. setting aside order granting new trial for failure to pay costs, 595 16. action for is equitable or ordinary according to character of 19. misconduct of jury first complained of on motion for new trial, 523 745 21. one convicted of lesser offense moving for new trial may be con- NULLA BONA-See Fraudulent Conveyances, 2, 3, 10— 1. amended petition setting out return of nulla bona judgment 218 2. filing of the bill created no lien on life estate of husband in land 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- 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 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 1. right of father to custody of child 3 2. liability of one employing minor in dangerous business over 367 3. right of son to recover for maintenance of his mother 665 1. admission of where both parties admit that the writing does not 362 2. admissible to show circumstances under which deed was made. 361 PARTIES- PAGE. 1. plaintiffs claiming under one title may sue several defendants 99 2. one on whose motion certain parties were striken out as plain- . 308 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- 707 746 559 168 2. right of individual creditor levying on partnership property. 4. sale by partner of his interest in the firm, rights of the pur- 303 5. suit to settle partnership affairs, no accounts kept, petition will 303 6. money borrowed in contemplation of partnership but before the 367 7. partner can't relieve himself from liability for money paid to co- 8. the facts show that the father had taken his sons into partner- 367 521 9. right of one partner to sign firm name to negotiable paper 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- 666 13. partner assigning firm assets for benefit of creditors, effect of 16. firm property levied on for individual debt, right of partners to 220 17. real estate, when regarded as partnership property 665 1. giving number of acres and names of owners of exclusious, not 2. State can issue but one patent for same tract though it should 108 3. containing exclusions, duty as to showing that the land claimed 504 4. valid patent can not be issued for land previously surveyed and 666 5. patent for certain number of acres "excluding all surveys of 682 PEDDLER'S LICENSE- I. required of all peddlers, effect of amending act exempting ped- 349, 711 PENALTY- 1. in action for by Commonwealth appeal lies from county to cir- PENSION MONEY- 1. its liability for debts of pensioner 90 304, 666, 745 PERSONAL REPRESENTATIVES-See Decedent's Estate, 3, 4- PAGE. 2. suit against administrator for goods sold intestate, denial of 3. right of personal representative of one maliciously killed to re- 4. presumption that commissioner in making his settlement 5. administrator refused credit for his expenses in trying to enforce 596 6. degree of care required of in managing the estate 596 596 8. right of devisee accepting note belonging to the estate in pay- 670 PETITION FOR REHEARING- 1. mandate issuing on, the two are to be construed together 449 449 3. filing in vacation 214 4. filing in Superior Court, effect of on time for appealing to Court 509 PLEADING-See Defenses; Malicious Presentation, 3; Practice in Civil 1. in action for work done, answer denying indebtedness and plead- 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 5. proving allegations of value or damage though not traversed. 304 7. in action for goods sold necessary allegations of petition 318 341 9. suit against administrator for goods sold interstate, denial of 341 10. suit on bond to pay money on condition, performance of condi- 522 11. in suit on account it should be alleged the goods were worth the 522 12. defect in substance in petition not cured by pleading over, answer 596 13. plea of non est factum must be affirmative-denial of knowledge 596 14. in construing a pleading inferences favorable to the pleader not 597 15. allegations of answer which simply contradict allegations of 597 16. right of parties to waive written pleadings 668 745 18. denial of "knowledge or information" as to a judgment. 745 19. though unnecessary to allege any consideration, that set out must 440 20. pleading acts of another State 449 21. suit against corporation, petition should allege the incorporation, 522 597 23. denials should not be conjunctive or of conclusions of law. 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 176 2. not estopped because he had previously sued his guardian for 176 POWER OF ATTORNEY-See Separate Estate, 1- 1. deed made under is valid though the power was not recorded. . 666 667 POWERS- 1. devise of absolute estate to one, giving power to sell and reinvest 381 PRACTICE IN CIVIL CASES-See Parties, 2- 1. what defects in pleading are cured by pleading over or by ver- 304, 341, 596 2. several cases ordered heard together, admission of fact in one is 307 3. must be both objection and exception to motion to strike out part 307 4. where plaintiff is entitled to judgment by default the case need not 307 307 6. defendant objecting to filing of petition of one to be made party 308 7. the finding by court or jury of a fact denied by the petition, no 369 8. no right to file supplemental pleading setting up new facts after 450 9. order sustaining motion to set aside judgment relates back to 510 10. erroneous to dismiss petition pending reference to commissioner, 523 12. two defendants appointed to defend for all can't bind any whose 597 14. party asking new trial abandons his previous motion for judg 13. case submitted on execeptions to commissioner's report, error to 598 665 . 15. party compelled to elect between defenses may amend his answer 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- 746 19. motion to require plaintiffs to elect was waived by failure of court 746 20. court overruling demurrer or objection to a pleading but after- PRACTICE IN CRIMINAL CASES- 1. no reversal for improper argument of Commonwealth's attorney PAGE. 50 2. under indictment for robbery accused may be convicted of larceny, 195 222 4. accused absconding before jury returned its verdict, no ground 305 5. in such case delay in entering judgment until his re-arrest, no 6, discretion of trial court in permitting additional evidence after 7. witness testifying without being sworn and without appellant 8. failure of witness to testify as expected of him no ground for 305 306 407 220, 408 9. conduct of Commonwealth's attorney in ordering witness to con- 408 10. court can reverse verdict only when there is no evidence to show 1. no presumption of receipt of letter from fact of its being mailed 481 2. English courts assume innocence of accused-the French his 580 3. presumption of death arising from oue's absence, effect of receiv- 739 4. party having possession of books refusing to produce them, pre- 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 523 2. absurd rule throwing out cross bill in which defendant fails to 580 3. service on administrator who paid merely for infant's mainte- 598 4. affidavit for attachment defective but process properly served, 532 5. amended petition setting up return of nulla bona, there must be 2. is the proper remedy against hostile claims affecting the marketa- 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- 56 3. passenger dropping valuables, road not obliged to stop train. 5. care required of road as to trespassers on the track |