BANKRUPTCY, [References are to Sections.] admissions of debtor, 1815. arbitration, submission defeated by, 1666. assets, evidence of, 1803. assumpsit, defense of, 1726. burden of proof, 1800. claims, proof of, 1818. composition, examination of bankrupt, 1819. concealment and conveyances to defraud, 1810. covenant, action by assignee, 1952. criminating evidence, 1807. depositions in, 1809. discharge of bankrupt, 1816. as a defense, 1821. burden of proof, 1800. revoked when, 1817. examination of bankrupt, 1806. general discussion, 1799. intent to give preference, evidence and presumptions, 1802. preferences, burden of proof, 1811. conclusive evidence of, 1812. intent of debtor immaterial, 1813. presumptions concerning, 1801. privileged testimony, 1805. records as evidence, 1820. witnesses, examination of, 1804. BIGAMY, presumptions indulged as to innocence of, 2486, 2487. [References are to Sections.] BILL OF EXCHANGE, payment presumed when, 2577. BILL OF LADING, carrier of freight, contract, 1913, 1914. parol evidence to contradict, 1914. BILL OF SALE, parol evidence to vary, 2627. statements before and after execution, proof of, 2618. BILLS AND NOTES, acceptance, essentials of, 1839. admissions and declarations, 1842. bona fide holders, 1828. burden of proof, 1823. conditions in instrument, 1832. consideration proved how, 1826. execution, circumstances concerning, 1831. proved how, 1825. fraud and duress, 1834. general discussion, 1822. indorsement, presumption raised by, 1830. law governing, 1824. mistake, proof of, 1833. notary's certificate of protest, 1838. ownership proved how, 1827. parol evidence concerning, 1842. payment, burden of proof, 1840. presumptions concerning, 1824. usury, how proved, 1841. waiver of demand and notice, 1836. BIRTH, declarations of ancestor as proof, 2196. BLOOD POISON, damages for injury causing, 1989. BOARD, assumpsit for value of, 1734. BOARD OF EDUCATION, admissibility of records, 1942. BONA FIDE HOLDERS, bills and notes, proof of, 1828. 1232 BOND, INDEX. [References are to Sections.] action against officers and bondsmen, 2600-2603. burden of proof, 1756. circumstantial evidence of wrongful, 1759. financial condition of debtor, 1761. debt, action on bond, 2026. public officer continuing in office, 2596. BOOKS, bankrupt required to produce, 1807. corporation books admissible when, 1944-1946. BOUNDARY, acquiescence, effect of, 1860. admissions and declarations as proof, 1858. agreements as evidence, 1857. ancient lines and monuments, 1859. best evidence, 1853. burden of proof, 1844. defences generally, 1861. definition of, 1843a. documents as evidence, 1862. estoppel to assert true line, 1860. improvement up to line, effect of, 1861. intent of parties, 1854. lost corners established how, 1855. metes and bounds, presumption, 1845. plats as evidence, 1856. presumptions concerning, 1848. and rules of law, 1845. as to waterways and highways, 1847. surveys, presumptions concerning, 1846. BREACH OF CONTRACT, injuries to others as proof, 1904. proof of, how made, 1954. BREACH OF DUTY, presumption of damages, 1962. [References are to Sections.] BREACH OF PROMISE, acceptance of defendant's promise, 1874. admissions and declarations as proof, 1872. burden of proof, 1865. chastity of plaintiff, 1882. consideration, proof of, 1877. contract and breach, 1863. damages exemplary, 1889, 1890. facts provable, 1886-1892. mitigation of, 1893. reduced by plaintiff's admissions, 1872. direct and circumstantial evidence of promise, 1868. engagement, plaintiff's statements concerning, 1874. of defendant, 1888. fraud as a defense, 1881. fraudulent representations, 1890. immoral promise as consideration, 1884. implied contract sufficient, 1864. impotency as defense, 1885. infancy as a defense, 1879. letters of parties as evidence, 1870. secondary proof of contents, 1871. marriage of defendant as a defense, 1883. opinion evidence concerning, 1892. opinion evidence inadmissible, 1873. in support of action, 1866. promise inferred from circumstances, 1869. questions of law or fact, 1867. relationship of parties as defense, 1884. release as a defense, 1880. reputation of plaintiff, proof of, 1882. request and refusal, proof of, 1876. seduction, effect of, 1891. special defense, proof of, 1865. statute of frauds not applicable, 1878. BREACH OF WARRANTY, insurance policy, defense, 2293. BRIBERY, de facto officer's liability, 2589. VOL. 3 ELLIOTT Ev.-78 [References are to Sections.] authority inferred when, 1633. BROKER, BUILDINGS, damnum absque injuria, 1969. insurance loss, value proved how, 2317, 2318. BURDEN OF PROOF, abandonment how proved, 1572. abatement, plea of, 1581. pendency of former action, 1590. accident insurance, defense established how, 2404. external violence, 2410. plaintiff's case, 2402. accord and satisfaction, 1593. accounting, right must be affirmatively shown, 1610. stated, 1607. impeachment of, 1609. actions against officers and bondsmen, 2600-2603. adverse possession, 1615. agency, proof of, 1625. alienage of party, 1584. alienating affections, 1643. arbitration and award, 1656. assault and battery, 1690. assignee, suit by, 1705. assumpsit, 1726. burden in, 1720. attachment, 1737. bond, action on, 1756. grounds for, 1742-1750. intervening claimant, 1752. bailment, 1765. contract of, 1778, 1779. delivery and acceptance, 1777. kind or class, 1774. negligence, 1784, 1785. sale or gift, 1770. bankruptcy, 1800. opposition to discharge, 1816. preferring creditors, 1811. breach of promise, 1865. bills and notes, 1823. ownership, 1827. boundaries, how proved, 1844. carrier of freight as common carrier, 1909. |