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ABSTRACTS, CASES IN FULL AND NOTES OF CASES.

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ABATEMENT. Action by partners for slander;
death of one plaintiff.

444
ADMINISTRATION. Order of sale of real estate;
impeachment of

138
Concealment, fraud, etc.; surviving partner; trustee;
purchaser; notice..

396
Waste; administrator de bonis non, cannot recover, 95
ADMINISTRATOR'S SALE. Error in deed;
equity to title

137
ADVANCEMENT Presumptions as to

416
AGENCY Contract to procure advertisement; agent
personally interested; commissions..

397
Duration of employment....

236
Lien of agent for acceptances.

177
Middleman; commissions from both parties

318
Power to bind hotel-keeper for hire of horses for
guests.

363
Sale of sewing-machines and attachments; pleading;

bond of agent; liability of surety; statuto of limita-
tions

332
See Bailment ; Interest.
ANIMALS. Evidence of good character of

303
Injury from bite of dog; "owner'

18
Negligence; dog in street..

382
Scienter iu servant...

303
ARBITRATION AND AWARD. Limited to
matters submitted..

499
What award must show

415
ARREST Privilege of witness from; action for

damages does not lie; motion to discharge proper. 139
ASSAULT AND BATTERY Evidence; re-
puted wealth of defendant; instruction as to posi-
tive and negative testimony :.

337
ASSESSMENT. See Injunction.
ASSIGNMENT. Cause of action for tort....

255
Chattel mortgage; bona fide purchaser

478
ASSIGNMENT FOR CREDITORS. Error in
acknowledgment..

423
Neglect to present claim within time; right to share.. 218
ATTORNEY. Allowance out of fund; power of
court to grant...

457
Compensation; trust fund; insolvent railroad corpo-
ratian.

395
Indigent suitor; agreement as to compensation... 318
ATTORNEY AND CLIENT. When relation
does not exist; undue infiuence.

410
Dealings between ..

415

CARRIER-Continued.

Page.
Delivery to connecting line; liability of first carrier ;
damages for delay

216
Freight charges; payment of illegal rates not involun-
tary

26
Illegal charges; may be recovered back,

492
Liable for delay by striking employees.

142
Limitation of liability; negligence ; valuation

207
Live stock; delay in shipment; damages

274
Unindorsed bill of lading.

250
Obligations to passenger; injury by fellow passen-
ger; duty of employees...

333
Person having charge of child ; refusal to pay fare;

ejectment from car; damages; when punitive not

recoverable.....
Railroad and stage connection ; contract

283
Railroad; excursion ticket; expulsion of passenger.. 99
Restricting liability; negligence..

58
Separation of passengers on account of race or color;
accommodations must be equal

515
Railroad; one riding on engine or car step not passen-

ger
CEMETERIES. Easement or fee ; alteration by
city; rights of owner ..

297
CERTIORARI. Motion to quash denied; order ap-
pealable

14
CHALLENGE TO ARRAY. Irregularity; "beer;"
presumed intoxicating

238
CHATTEL MORTGAGE. Execution and record;

mortgagor removing from State; laches in taking
possession; effect of recording acts...

118
Mortgagorin possession with power to sell; question
of fraud one of fact

334
Reflling; within thirty days

478
Sale; satisfaction; pleading.

478
"Shall deem himself unsafe;" conversion.

46
CHINESE EMIGRATION. See Constitutional

Liw.
CITIZENSHIP. Fourteenth amendment; Indian;
allegation of petition..

75
CIVIL DAMAGE ACT.

Extra-territorial effect, 183
CLOUD ON TITLE Change of venue; void deed, 138
CONSTITUTIONAL LAW. Act of August 3,

1882; regulation of commerce; Chinese immigration, 276
Art. 9, $7; municipal corporation ; ultra vires; judg-
ments ; set-off

17
Conspiracy; protection of citizens; R. S. § 5508; in-
formation

77
Contract to construct railroad; ultra vires; rescis-
sion; equitable interference

117
Deprivation of property ; State statute; overflowing
lands

370
Eminent domain ;'damage ; change of grade; incor-
poration before adoption of constitution

15
-i public use; municipal bonds to aid private cor-
poration

396
Ex post facto; changing punishment; reasonable doubt;
prisoner as witness.

71
Incorporation of villages; delegation of legislative pow-
ers...

357
Intermarriage between whites and negroes.
Justices of the peace acting after seventy years of age, 89
Limitation; antecedent obligations....

33
Liquor traffc; removal from office; quo warranto is
civil proceeding

95
Police power; regulating and restraining trade: 415
Power to license; tax; regulating wash-houses

515
Prohibition against privileges; ferries

509
Prohibition of cigar making in tenement-houses.. 85
Prohibition of manufacture or sale of an article in-
jurious to public health; oleomargarine....

288

BAILMENT. Bailee may show that bailor has as-
signed his title...
.......

103
Fraud; agency

35
BANK. Transformed from State into National; right
to enforce contracts...

14
National; power to purchase real estate

197
BANKRUPTCY. “ Fiduciary capacity ; unau-

thorized sale by broker; request to submit to jury.. 290
Partnership creditors; partner assuming firm debts... 293
BANK AND BANKING. Deposit of note for col-
lection; sale.

359
Authority of agent to certify checks.

457
Negligence; collection of drafts

109
BASTARDY. Civil proceeding ; preponderance of

evidence; charge: believing certain witnesses... 257
BILL OF LADING. Title, when passes on ship-
ment....

390
See Carrier.
CARRIER. Baggage ; when liability ceases; burden
of proof

399
Circus train.

162
Connecting; fire in warehouse , liability.

314
VOL. 31.

255

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138

CONSTITUTIONAL LAW-Continued. Page.

Page
Public purposes; private property:

475
Regulation of commerce; license fees..

294

DEBTOR AND CREDITOR. Satisfaction of
Statute to be construed'in harmony with constitu-

debt

495
tion; municipal corporation; subscription to rail-

DECEIT. False representations as to appraised value
road invalid; subsequent act legalizing..

156
of the property..

287
Taxation; corporation; act of 1881, chapter 361 ; pen-

DEED. Appurtenances; right of way; no reference
alty; interest

457
in deed; injunction; specific performance

212
Title of act: removal” not transfer

Condition; payment of debt should render void;

99
Unconstitutional amendment to valid act; effect of... 96

mortgage is not absolute conveyance in trust 198
See Municipal Bonds.

Construed against grantor; when rule does not apply;
CONTEMPT proceedings in aid of execution; re-

intent to govern; life estate or fee; power to sell;
fusing to pay money; imprisonment illegal..... 197

discretion; may not be delegated.

291
Refusing to testify in family secrets.....

102
Delivery ; voluntary settlement

94
What constitutes; habeas corpus...

300

Married woman; mistake in, cannot be reformed. 255
CONTRACT. Architect; plans

402
Must be signed...

164
Benefit of third person; statute of limitations; costs;

Reformation; mistake; must be mutual ; damages;
interest on, from date of judgment.

197
mining; unintenional trespass...

237
Breach; damages; composition; action for damages

Void; executed by one not described as grantor .... 157
barred

237

See Covenant.
Carrying mail; assignment of claim ; against govern-

DURESS. Giving and paying note for intended de.
ment. Rev. Stats., 88 3477, 3737.

282
856

mand ...
Consideration; performance ; relying on promise 455
; release of doubtful claim

236
Guaranty; consideration ; statute of frauds; collateral 13

ECCLESIASTICAL LAW. Act of 1813; pastor's
Mental capacity ; burden of proof; evidence of im-

salary; method of raising...

117
proper relations ; number of witnesses ...

416

EJECTMENT. Continuous adverse possession by
Novation ; considertion ; statute of frauds

476
tacking

91
Parol evidence to explain ; indorsement on envelope ;

Railroad occupying land with owner's consent; sale of
proof of custom ..

156
road; grantee takes title

99
Personal liability of agent

255

ELECTION Elector disfranchised ; unreasonable
; sealed instrument

217

act of election officers; R. S., chap. 4, $ 63; damages. 256
Public officer ; personal liability.

514

EMBEZZLEMENT. Evidence of similar offenses. 459
Public policy; agreement not to uphold will..

418

EMINENT DOMAIN. Compensation ; court of
Restraint of trade

459
claims; waiver of formal proceedings....

278
Right of one not party to

449
Damages; appeal; injunction.

32
Sale of land; rescission ; rights of seller and purchaser 138 Track in public track; abutting lot owner, damages;
Services ; quantum meruit..

212
estoppel

16
To "satisfaction"; acceptance..

357

General railroad act ; right to appeal from award ;
Use of personal property; holding over no implied

practice; order pot appealable..

374
contract; damages

252
Public use; question of law; R. S., $ 4511

479
CONTRIBUTION. Partnership ; tenants in com- EQUITY. Joint purchase of property; refusal of

178 some of purchasers to pay their share of expenses ;
CONVERSION Demand and refusal to deliver 294 effect of....

292
Title necessary; damages ; breach of contract

99
ESTOPPEL. Trusteo; commissions waived

433
COPYRIGHT. In judicial decisions

242
CORPORATION. Assignment of stock ; creditor

EVIDENCE. Agent's declarations

254
attaching.
435 Assault and robbery, declarations; res gesta

20
Election of directors ; mismanagement; Rights of

Boundary of land ; declarations of person in posses-
stockholders

397

sion
Fraudulent conveyances ; mortgage; priority; ultra

Competency of witness ; New York Code Civil Pro-
vires

292 cedure, $ 834; U.S. R. S., $ 721; insurance; question
New York Stock Exchange; members bound by con-

as to disease

135
stitution, etc.; sale of seat; proceeds to creditors in

Custom; of banks to accept checks as cash.

442
exchange

176
Declarations as to pedigree

51
President; no power to execute bond ; judgment : re-

Declarations by deceased ancestor as to age.... 150
ceiver.

32

Declarations of grantor as against grantee; Illegal ovi.
Purchase of capital stock; replevin .

7

dence not harmless; deed ; reservation cannot be
Stockholder; liability of, how enforced.

proved by parol.

412
Ultra vires ; when cannot avail; recovery against one

Dying declarations..

278
joint contractor is bar to other

252

Experts; hypothetical questions; credibility of wit-
CORPSE. No property in human..

463
ness.....

274
COVENANT. Against incumbrances; damages ; to

Incompetent witness; waiver of objection; right of
to pay taxes

514
court to suppress illegal...

177
Assignee of lease ; liability for rent; runs with land.. 479

Letters; epileptic fits accounting for controdictory
Easement; incumbrances: recording acts.

17
statements.

278
CREDITOR'S ACTION. Rescuers of debtor's

Nuisance; tendency of escaping steam to frighten
goods ..

495
horses..

3
What property may be reached hy: title in third

266
Opinion of experts; when incompetent

per-
son; consideration paid by debtor; resulting trust.. 412

Parol to show lease in fact mortgage ; mortgage on
CRIMINAL LAW. Wife as witness against hus-

future crop....

2775
band

448

See Assault and Battery; Bastardy; Embezzlement.
Bawdy house; Code Crim. Proc. $ 899, sentence. 155 That object is likely to frighten horses...

102
- ; evidence of reputation

EXECUTION. Replevy of property levied on;
Conspiracy to rob; one committed murder, all guilty. 358 second execution...

217
Evidence of age ; "will be twenty-one years old con-

Of judgment not restrained; injunctions..,
clusive of infancy at time of trial.

482

EXECUTOR AND
False pretenses ; Obtaining goods by; proof that the

ADMINISTRATOR
goods were delivered on; the faith of

Counsel fee; divorce case; widow cannot suo for;
19
counsel may:

516
Forgery; wife as principal; presumption of coercion;

Demand; waiver...

97
evidence; Codo Crim. Proc. $ 399; testimony of ac-
complice...

116

Foreign; domicile; personality governed by law of ... 477
Insanity: non-expert; Code Crim. Proc. $S 275, 281;

Purchase of interest of deceased in partnership; void-
premeditation; intent; question for jury; guilt;

able ratification; estoppel; married woman advance-
ment; interest on...

299
evasion and falsehood

57
Mortal blow in United States fort; death outside 42

EXTRADITION. Comity; restoration of fugitive
Murder; co-defendant may testify..

327
brought into State without due process...

124
- ; evidence of previous assaults.

278
Preventing inquest

362
Rape; fraud...

43 FEDERAL PROCEDURE. Examination of;
See Indictment, Larceny.

party before trial; order of; State court ; federal
CUSTOMS DUTIES. “Household effects;" car-

court no jurisdiction; habeas corpus.

270
riage used abroad; Rev. Stat. & 2505.

214 | FRAUD. False representation; solvency of bank;
purpose to deceive; question of fact..

471
DAMAGES. Aggravation of negligent personal in-

Mortgagee with knowledge; mortgage void as to credi-
tors....

215
jury by predisposition to disease..

26:3 Party guilty of, not entitled to relief...
Condemnation of land for railway: fire; tramps... 68 Rescission of contract; offer to restore; damages .
Fraud by agent; purchase-price; false representations Sale of land by one joint owner; asking more for his

513 share; error in charge...
Liquidated or penalty; profits

398

See Bailment.

299

433

278
255

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Page. JURISDICTION-Continued.

Page.
GIFT Accident policy; donor's intention

17 Affixing seal without consent to lease for a year is im-
Deposit in bank..
436 material

504
GRAND JURY. Challenge to
20 LARCENY. Description of owner....

19
GUARANTY. Continuing ...

Evidence ; prisoner's possession of burglar's tools.. 257
Recent possession ; intent

358

LIBEL. Privilege ; proceedings of legislative com-
HABEAS CORPUS. Innocence of charge; issuing

inittee ...
writ in another jurisdiction.

Wanted," E. B. to pay a drug bili.

83
HIGHWAY. Defect;tproximity to highway.. 31

See slander.
Wilfully obstructing; penalty
234 LICENSE. Hall to use; may be revoked...

436
Irrevocable; making improvements on land.

517

Omission to execute bond creates no vacancy;'
INDECENT EXPOSURE. Public place..
19 invalid license no defense....

195
INDICTMENT, Allegations; perjury; election law; To remove timber; assignment; chattel mortgage;
registers are judicial officers; infamous crime 458 filing

414
Arson; sugar-house; pleading..

78 LIMITATIONS. Administrator ; insane person ;
Joinder of offenses; when election not compelled ;

statute 1872, chap. 85.

138
intent; presumption...:
499 Adverse possession ; tax deed by government.

18
Pleading public statute; judicial notices; public local Runs from discovery of frauds; lien of judgment;
laws....

438

bona fide purchaser; title through unrecorded deed;
Referring to third person as unknown; bribery; evi- rights of purchaser.

137
dence

358 Statute; trustee of manufacturing company; covenant
See Criminal Law.
to pay taxes..

514
INFANT. Prochein ami; attorney; ratification.... 237 Presumption of payment.

513
INJUNCTION. Consented to by mistake; when Acknowledgment; Kansas statute; municipal debt.. 77
binding:

262 Acknowledginent; part payment by joint promisor.. 48
May be contemptible, yet it is contempt to disobey it, 141 Proper inquiry under plea of.......

334
Judgment not enjoined; res adjudicata

256

See Agency
Public officer ; restraining exercise of powers .. 235 LIMITED PARTNERSHIP Contribution must
Restraining collection of assessment; statute must be

be in cash; may deal with special partner; changed
followed; amendment; not as to void proceeding.. 497 to limited; provision as to share of losses; omission
Threatened trespass ; rights established at law
17 in notice; name of newspaper changed

233
INNKEEPER. Guest; taking room for purposes
of prostitution.

352 MALICIOUS PROSECUTION. Action lies for
May not refuse guest from mere apprehension of in-

mere suit

63
sult

82 Excessive damages ; probable cause; advice of coun-
Railway conductor; when not guest.
202 sel..

178
INSOLVENCY. Preferred debts; construction of Participation of defendant; false arrest ; probable
statute..
297

478
INSURANCE. Accident; payment of premium ; MANDAMUS. Adequate remedy; judgment of Cir-
presumptive notice; forfeiture; waiver...
59 cuit Court

396
Authority of adjuster; waiver of forfeiture

359 Commissioners of public works; permit to bridge
Form of policy; waiver of proofs of loss..
257 company....

374
Loss; location of goods....

Public officer; when does not lie..

197
Premises "vacant" or "unoccupied

259 Treasurer to pay coupons; if it lies, injunotion denied;
Payment of premises; waiver..
57 U. S. Rev. Stat. & 723

97
•• Contained in;" knowledge; waiver.

389 MANUFACTURING CORPORATION. lia-
Alienation of property
258 bility of trustee under New York act...

403
Fire; change of interest; admission of partner.. 333 MARINE INSURANCE: Payment of premiums;
-; evidence of usage

435 delivery of policy containing receipt; ratification of
-: evidence that "fire-works were part of stock:

agent's acts ; lex loci; general lien; unpaid pre-
certificate of nearest notary; action does not accrue

miums..

293
until negotiations closed..

176 MARRIAGE. Acknowledgment; void divorce 30
General language of policy; special indorsements to Declarations to prove; sanity; opinion of non-pro-
control ; liability of company for loss...

233 fessionals; when avoided for mental unsoundness.. 377
Life, interest; supposed wife..

283
Deed by husband to wife void

4:22
Marine ; warranty of seaworthiness; condition prece- Deed from husband to wife; creditors.

114
dent to discovery
232 Divorce; adulterous marriage of plaintiff

295
Masonic Aid Association : by-laws allowing change of

; dower....

178
beneficiary; will does not change..

253 -; presumption of adultery; rebuttal; may show
" Widow"
151 decoying; duty of husband.

476
INTEREST. When agent liable for

117 Husband and wife's joint estate ; conveyance of; title
INTERNAL REVENUE. Information for for-

bond; equity.

255
feiture; general verdict good..
135 Husband and wife; partnership....

328
INTOXICATING LIQUOR. Unlawfully furn- Husband not liable for wife's slander

62
ished.

377 Necessaries; wife employing servant in family.. 403

Wife separate estate ; consent that husband may use. 378

Wife's property ; acquisitions by purchase ; bý gist;
JUDGE. Disqualification ; relationship..
413

254
Impeachment of for abuse of discrotionary power

461 MASTER AND SERVANT. Contract ; term of
JUDGMENT. Entry on order of judge after expira-

service ; evidence ; question for jury.....

34
tion of term; irregular..
357 Course of employment; bailment

203
Nonsuit no bar to second suit.

Evidence as to fitness of employee; jury cannot decide
Party dying after trial; entry nunc pro tunc...
480 from sight ..

256
Satisfaction of; following proceeds of property sold. 411

“Fellow servant;” mining superintendent not

147
JUDICIAL SALE. Attachment; bona fide pur-

Injured brakeman; conductor employing surgeon 223
chaser: Code Civ. Proc., 1370; execution must con-

Liability for tort of servant : scope of employment
forın to statute..

374

evidence; declaration of agent; res gestæ; proof of
Purchaser compelled to perfect title
177 authority

295
JURISDICTION. Amount in dispute

135 Railroad conductor and engineer not "fellow sery-
Circuit Court; consolidated railroad corporation ;

8
citizenship ..
397 Negligence; contributary; carpenter on vessel

333
i transfer of interest pending bearing; citizen- Qualification of servant; on trial;"

discharge; ques-
ship; pleading; supplementary Vill.
96 tion for jury..

58
Foreign corporation ; designation of agent on whom Risks of employment'; conductor assuming control of
process may be served.....

16 engine ; injury to brakeman
Fourteenth amendment; class legislation; police

; personal injury; measure of damages

294
power of State...

355 Matting across sidewalk, owner liable for consequen-
Garnishment; non-residence of principal defendant;

ces

441
personal judgment...

34 MECHANIC'S LIEN. How construed ; service of
Grantor's title from United States admitted, act of

notice; director in officer and agent"

479
1866, ch. 219
135 Household estate ; extent of lien

300
Local court ; consent will confer.

475 Municipal property; water-works; priority; sub-con-
LANDLORD AND TENANT. Disputing land-

tractor and surety of contractor..

418
lord's title; may show it has terminated...

179 MERGER. Foreclosure of mortgage does not merge
Possession abandoned ; lease not revived...

235
debt

513
Tenant not liable for negligent destruction of prop- MISTAKE. Reformation of deed.

311
erty by fre......

242 MONEY HAD AND RECEIVED. Breach of
Working farm on shares ; forcible entry and detainer;

contract...

334
statute ; estoppel; denying landlord's title..

235 Trust; sale of note

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Page. NEGOTIABLE INSTRUMENT-Cont.

Page.
MORTGAGE. Conveyance subject to; division of Compromise ; new note ; consideration ; surrender 395
tract...

295 Coupon bonds; negotiability; seal..
Foreclosure; assignee of; mechanic's lien; necessary Failure of consideration; payment in goods; bank-
party; purchaser at sale ; under mechanics' lien can-

ruptcy of maker.

138
not be ejected..

136 Illegal consideration ; pari delicto; composition.. 298
Foreclosure; when right not cut off.
156 ; suppressing criminal prosecution....

31
Future advances; insolvency; preference; fraud.. 357

Indorsement..

19
Payment of taxes; foreclosure; claim of lien; notice. 291 ; Irregular

507
Power of sale; attorney and client...
19 Material alteration; surety; contribution .

379
Uncertainty in description; evidence aliunde... 232 National bank; indorsement for collection

367
Operating road after default.

210 Notice of dishonor; assignment for creditors; non.
MUNICIPAL BOND. Bona fide purchaser; notice;

resident creditor.
practice; offer of testimony; rejection; presumption, 95 Protest; waived by parol

19
Kansas statute; election; notice ; recitals; interest; Statute of limitation; due bill; no demand cecessary
estoppel; bill of exceptions....
495 to set statute running.

235
Negotiable; Iowa statute; constitutional law: subject NONSUIT, when not granted..

457
embraced in title..

376 NUISANOE. Evidence; question of damage 415
MUNICIPAL CORPORATION. Advertisement Keeping stock yard ; R. S., $$ 3180, 3181; action at law;
for proposals for grading and paving a street... 433 damage; continuing....

337
Care of streets; adopting charter powers imperative;

58
adjoiding owner changing sidewalk; no defense to
city after notice

194
Care of streets; negligence; proximate cause......

OFFICER. Female notary....

43
119

Usurper of public office; no action for salary: 294
Change of grade of street; damages; surface water..
Contract without formalities required by charter; in-

Warden of penitentiary cannot be garnished for
tervention of attorney-general; injunction.

prisoner's money.......

502
34
Horse frightened by boulder in street; statutory
liability......

356 PARENT AND CHILD. Agreement for and right
Icy sidewalk; contributory negligence..
178 of custody

382
Evidence as to prior condition...
298 Widow's right to child's services. ..

323
Iniury to foot; passenger going off street on adjacent PARTIES. Partners; action must be against all 32
lands; implied invitation..

23 PARTITION. Lessee for years ; must have notice.. 458
Legislature may divide; apportionment of liabilities; Litigating validity of mortgage; estoppel; mortgage
services by attorney...
275 foreclosure ; merger of debt.

513
Negligence; advertising banner across street.. 122 PARTNERSHIP Account between two
-: icy sidewalk
286 Surviving partner resisting law-suit

499
; public building ; excavation for.

379

Assignment to one partner; consideration ; release... 18
Nuisance ; firing cannon in streets...
443 Compromise : receiver..

170
Requiring lot-owners to remove snow from sidewalks. 362 Fictitious; "and Co."; construction..

273
Respondeat superior; cemetery trustees; city vault.. 152 Liability after dissolution ; partner released may re-
Streets and alleys ; ejectment..
336 cover from co-partner..

218
Streets; negligence.

17 Limited ; payment of capital not in cash ; estoppel;
Negligence ; contractor ; excavation in street

504 judgment in view ; bankruptcy ; adjudication bind.
Surface water; damnum absque injuria...
419 ing only on parties.

134
See Negligence.

Power of partner to dissolve ; future liability; notice
of dissolution

356
NATIONAL BANK. Penalties for taking usury.. 317

Property of, purchased by partner; exemption.... 300
Usury; Federal and State statute

475 Retiring partner; liability to creditor not having no-
-i penalty ; State court ; jurisdiction.

59

tice: admissions by other partners do not bind... 155
See Constutional Law.

Sale of good will; soliciting customers of old firm;
NEGLIGENCE. Accident at street crossing; ovi-

injunction...

69
dence as to its condition; challenge to juror

436
Share in profits and losses

155, 517
Accident; no presumption from..

253

Transacting business and signing firm, not conclusive
Action against maker of machine for injury to third

that signer is partner.

483
person during operation by purchaser..
343 Trustee process; set-off ; debt secured

93
Approaches to premises ; licensee...
290 What constitutes

34
Cause of action assignable; maintenance ; depriving

See Abatement.
of right to remove federal court
254 PARTY-WALL. Leaving recesses in.

443
Contributory; inference either way; question for PATENT Infringement; action by patentee and
jury.
338 license after suit by patentee

214
Crossing railroad track; contributory negligence.. 303 Infringement of ; dude collar...
Distinct causes of action ; separate suits.

329 Injunction ; not granted to United States ; action to
Employee of railroad ; question for jury.
295 repeal; action for infringement

15
Hand on base of open window of car; question for Suit for infringement ; laches ; demurrer.

118
jury.
335 License ; receiver; practice; comity of courts...

293
Joint liability ; driver and owner of team; partner- Public use : sale to test machine ; presumption

515
ship..

PAYMENT. Application of
Leaving train while in motion; contributory negli-

In money or equivalent ; election ; railroad bonds;
gence; acting in emergency : question for jury. 456

recovery of interest ; demand.

96
Llability of receiver for..

490 Of assessment under protest...
Passenger attempting to leave moving train ; con- PLEADING. Condition precedent; allegation and
tributory..
18 denial ; Iowa Code

355
Plaintiff's testimony must establish ; inference either Contributory negligence; when not question of law. 457
way; nonsuit proper

194 Construed ag st pleader; denial ; admitted, quali-
Presumption from accident.

96 fied or denied ; admission ; answer in another suit., 253
Proximate cause
306 Malicious prosecution and false imprisonment may

be
Railroad; personal injury; contributory negligence;

joined ; order of arrest ; false itnprisonment does
street crossing
478 not lie; malicious prosecution ; probable cause...

316
Railroad company; proximate cause; defective ma- Money illegally exacted ; New York Code ; apswer :
chinery; presumption of duty to inspect .

139 evidence...
Railroad; throwing mail bags...

289 Parties ; substitution of sheriff's indempitors; Code
Railway crossing; contributory negligence; must look

Civ. Proc., & 1421, strictly construed.

373
and listen; flagman at crossing; presumption of self PRACTICE. Amendment to pleading; discretion ;
preservation
497 refusal to exercise discretion, error

236
Submission of question to jury. evidence; failure to Assault with intent to kill; reversal ; second trial for
ring bell
319 assault; challenge..

257
Wharves; obstructions; sunken pile; damage to ves- Bulls of items in libel

423
sel ; liability of owner and occupant .

117 Dernurrer; uniting causes of action ; Code Civ. Proc.,
When not liable for contractor's; ditch in street.. 58

2 484

194
See Animals, Banks and Banking; Municipal Corporations. Waiver of jury ; stipulation ; Rev. Stat., & 649; State
NEGOTIABLE INSTRUMENT. Alteration;

decisions

217
adding surety; maker liable

Wisconsin; custody of record ; writ of error; to what
- does not release when consented to; bona Ade

court directed ; statute of limitations; record.. 375
holder
379 When non-suit not granted

457
Assigninent of, by foreign executor; assignee may PRINCIPAL AND AGENT Contract to sell
sue

35

land ; compensation ; ratification of contract...
Assignment of paid note; right to contribution passes, 213

(See Agency.)
Banker's draft; insolvency of drawer.

307 | PROCESS. Service on complainant or non-resident
Check; holder cannot sue bank.....
60 defendant attending on trial..

515
; presentation for payment; failure of bank 78 PROPERTY. In human corpse..

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463

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Page.
P JBLICILANDS. Act of Congress ; military reser-

vation; dispossession of occupant; proof necessary;

evidence; scope and effect of a patent
RAILROAD. Fences; injury to cattle; onus on
plaintiff; bon-suit proper..

318
Exemption from liability for negligence; riding on
free pass in drawing-room car..

302
Fencing tracks; killing stock.

416
General words in grant; right of way ; purposes of
railway

437
Implied liability of adult to pay child's fare:
Lease to another railroad valid; lessor not liable for
injuries to passengers

203
License fees ; construction of statute ; repeal of; re-
pealing act restores; action for fees...

195
See Eminent Domain; Negligence.
RECEIVER Contract with ; successor not liable;
clain as against fund..

498
Insolvent railroad ; liability on contract of predeces-
sor

177
Liability for negligence..

490
RECEIVING STOLEN GOODS. Evidence ; ac-

count given by the prisoner; evidence to negative.. 19
RECORDING ACTS. Constructive notice; pos-
session.

216
Leaving with recorder: index no part of record...
REMOVAL OF CAUSE Action against adminis-
tration ; citizenship ...

375
Averment of citizenship; trustee indispensable party 335
Case arising under laws of United States.

292
Citizenship; corporations...

496
Collusive transfer; remanding case ; Act of March 3,

1875, 85; evidence ; credibility of witness ; discretion
of court

397
Enjoining State court.

98
Joint debtors in a mortgage ; non-resident mortgagor, 95
REPLEVIN. Custodia legis

130
Damages; attorney's fees; no exemplary damages

against sheriff; chattel mortgage; void; binder and
delay.....

377
Excessive tax

138
REWARD. For apprehension of thief; owner of
horse apprehending hirer who has sold it

182
SALE Conditional; meaning of words ; question

for jury; practice; subinitting case; weight of evi-
dence.

138
Chattel; particular use; implied warranty

134
Defective boiler; warranty ; deceit

452
Delivery C. 0. D.

123, 163
Fraud; change of possession; agent.

58
Particular use; warranty; waiver..

140
Ore by sample; rule in Pennsylvania; contract en-
tirety; damages; interest

458
Warranty; election of vendee to rescind; damages 417
Warranty of quality; severable contract; right to re-
scind

417
Warranty; when pot implied..

463
Stoppage in transit

378
SCHOOLS. Regulation that scholars shall lug wood, 402
SHERIFF. Trespass : fraud.

58
SHIP AND SHIPPING. Admiralty jurisdiction ;

part owners of steamboat; accounting; sale ; State
court

318
Charter; party; stipulation as to sailing
Collision; observing lights: mutual fault; negli-
gence; deckhand injured; several liability

136
Maritime lien ; supplies; ship's agents; secret agree-
ments with stevedore....

96
Pilots ; duty of; unknown obstructions; costs

96
SLANDER. Charge of crime ; justification; proof
beyond a reasonable doubt..

417
Privileged communication; as to character of school
teacher by resident of district...

Seo Abatement; Libel.
SPECIFIC PERFORMANCE. Benefit of third
person ; possible benefit not sufficient.

213
Rescission

31
Purchaser objecting to title; defects in records cured
by parol....

13
Statute of frauds; part performance

392
STATUTE. Chinese immigration

317
* Claim or demand”; deposit in insolvent bank 483
Construction; ballots on plain white paper" may be
on paper of unusual thickness

482
Construction of ordinance ; auctions,

3:22
Implied repeal.

476
STATUTE OF FRAUDS. Parol agreement
partly performed.

316
Conveyance by father to son

418
memorandum

174
STATUTE OF LIMITATIONS. Action against
directors; by stockholder. Code Civ. Proc., 88 388,

431
SUBROGATION Judgment pote; lien.

298
SUNDAY. Promissory note; conflict of laws.

53
SURETY. Action on bond ; notice of default. 332
joint debtors; subrogation...

217
two debtors ; creditor ; accomodation note; mortgage, 58
TAXATION. Cemeteries not exempt from assess-
monts.

353

TAXATION-Continued.

Page.
Charter exemption of capital stook of railroad ; ex-
emption of individual interests of stockholders ;

obligation of contract; power of legislature..... 292
Corporation not governmental agency....

75
Exemption; educational institution ; policy of stat-

ute; cloud on title ; void assessment; action to re-
move.....

456
Exemption of railroad ; personal privilege..

277
Inter-State commerce ; logs in transit..

292
Navigation of river; conflict with federal laws.

76
Notice to owner; enjoining collection; publishing no-
tices; act 1878, ch. 65.

378, 514
See Constitutional Law.
TELEGRAPH. Limitation of time to present
claim for damages; notice of condition..

203
TELEPHONE COMPANY. Bound to furnish
equal facilities..

143
Evidence ; report of conversation by operator..

182
Power to tax.

350
TENDER. Must be kept good.

414
TOWN. Aiding railroad ; may rescind vote..

59
One of four officers cannot bind town ; all must act. 298
TRADE-MARK. Corporation has right to; another
corporation cannot take........

16
" St. Louis beer;" deceit....

503
Parties of same name ; deception ; injunction. 292
TRESPASS. Ab initio ; failure to leave enough hay
to keep stock..

413
Mortgagee may maintain, against purchaser of manure
from mortgagor.

103
TRIAL Issues in equity cases ; verdict of jury

merely advisory ; Code, $S 972, 1003 ; evidence ; ad-
missions; failure to answer letter; not bound by
statements therein....

14
TRUST. Beneficiary entitled to account; pleading;
in charging fraud should allege facts ; mortgages

credited with improvements; liability for rents.... 216
Declaration of; statute of frauds, parol lease; specific

performance; assignment for creditors ; right to

lease passes to assignee; distribution of proceeds... 116
Deed of; satisfaction by stranger; subrogation

217
Devise by husband to wife on her promise to keep for
children

23
Lien of judgment; “real estate;" bankruptcy ; power
of appointmeat does not pass...

196
Resulting; executor purchasing trust property; fraud. 18
Funds may be followed; misappropriation.

297
Investments; good faith; discretion..

238
Rule as to investment..

18
Statute of limitations
Removal ; misconduct....

9
UNITED STATES GOVERNMENT. Unau-
thorized sale of property.

395
USURY. Question of intent; pleading....

378
VENDOR AND PURCHASER. Inadequacy of

consideration; insanity; non-professional witness;
constructive notice; mere rumor not

217
Purchase of securities ; payment; discharge of lien ;

parol evidence as to consideration ; practice ; subro-
gation..

196
Fraudulent representations as to value

336
Lien of vendor; priority of judgment....

418
Record of agreement; entries in index-notice.

515
VERDICT Receiving, in absence of defendent;

right to poll jury : Sunday not court-day; error..... 256

98

........

17

251

WATER AND WATER-COURSES. Covenant
"house;" adjoining cellars; percolation.

437
License by riparian owner to one off the stream ;
injunction by lower proprietor....

202
Mill-dams; reasonable use of water.

247
Prescriptive right; equitab action to quiet title; in-
junction; pleading; joinder of defendants

290
WILL. After-acquired property; specific or residuary
gift.....

437
Conditional.

369
Conversion; direction for sale; discretion as to time of
sale

437
Deviso in trust ; suspending power of alienation; re-

fusal to accept provision in lieu of dower..
Devise ; life estate

413
Devise not against public policy; right of testator to

attach a condition ; devise or bequest in trust for
educational and charitable purposes; certainty; mu-
nicipal corporation; property held in trust by; equity
jurisdiction...

433
Devise void as trust; valid as a power; power of sale ;

discretion; 1 R. S., 729, 8 65; receiver cannot execute. 411
Dower; provision in lieu; failure to dissent.....

476
Executory devise; dying without issue,

275
Gift to a class; distribution per capita..

98
Heirs and next of kin; husband

35
Provision requesting services ; liability of estate for
discharge

218
Public charity: condition subsequent; perpetuities 405
Remainder; life estate..

499
Trust; payment of income. ......

433
--; power of disposal.

34

....

394...

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