prohibition of ticket brokerage, 391; pro- tection of common property, 96; provision of constitution in pari materia, 471; regulation of fishing rights, 210; removal of county seat, 472; removal of state officer, 36; requir- ing corporation to appoint attorney to ac- cept service, 136; re-sale of theater tickets, 352; restriction of contractor's rights. 192; retroactive statute, 16, 210; right of suffrage, 352; right to act as executor, 156; right to sue city for personal injuries, 289; sale of goods in bulk, 176; self-executing provi- sions, 175; state taxation of meat packing houses, 409; statute affecting evidence, 271; statute forbidding combination as to in- surance rates, 230; statute prohibiting mar- riage of an epileptic, 156; statute regulat- ing hunting, 449; statute respecting street improvement, 230; summary trial, 472; title to ice on navigable stream, 271; taxa- tion of mortgages, 157; taxation of personal property, 175; taxing emigrant agents, 96; use of streets by telephone company, 391; validity of ordinance affecting street car fenders, 210; validity of statute, 391; vested rights. 230; waiver of right to be present at trial, 368; who entitled to question valid- ity of statute, 352. Contempt, disobedience of order of court, 280; judgment record, 289; jurisdiction, 157; or- der to show cause, 311; review, 352. Continuance, illness, 192; on ground of amend-
ment of bill, 391; ruling of non-suit, 36. Contracts, action for breach, 175; advertising designs, 472; agreement to cancel note by will, 36; agreement to maintain toll road, 116; agreement support, 136; arbitration agreements, 192; architect's services, 409; breach of agreement in starting new bank, 328; breach of warranty, 391; burden of proof. for 96; charge extra work, 192; confi- dential relation, 271; consideration, 56, 96, 136, 157, 175. 192; conspiracy to defraud, 116; construction, 16; delay in completing building, 116; destruction of apliances con- tracted for, 96; duress. 57; duties of con- tractor. 36; enforcement in foreign state, 116: escrows, 116: expenses of receiver- ship. 36; extra work, 328; failure to allege contract in writing. 36; failure to specify time for performance. 116; fiduciary rela- tions as between brothers, 432; for benefit of another, 136; guaranty as to heating plant. 36; guaranty of stock dividends, 472; illegality, 311; illness, 192; implied agree- ments, 192; inability of adverse party perform, 136; legislative alteration of school districts, 175; lobbying, 192; mutuality, 116; offer and acceptance, 352; offer by mail. 210; parties, 36; performance, 368; pleadings. 57, 368; preliminary negotiations merged in written contract. 432; prohibited acts. 192; provision as to time for bringing action, 157; public policy, 175; 249, 432; railroad constructions, 449; removal of teacher, 391; rescission, 96, 472; restraint of trade, 116, 271; sale of household furniture, 391; sale of realty, 136; sale of school lands. 449; sep- aration agreements. 409; set-off and counter claim, 391; specific performance, 311, 449; ter- mination on newspaper going out of busi- ness, 96; unsigned writing, 311; waiver,
449. Contribution. liquidation of joint debtor, 271. Conversion. rights of distributees, 16; subse- quent mortgage by heirs, 489; wills, 328. Convicts, use on farms, 489. Copyrights, remedy for infringement. 368; suf- ficiency of notice on fly leaf, 57; suit for in- fringements. 472.
Corporations, action against stockholders, 352; action by stockholder. 311. 352: action compel transfer stock, 489; allotment stock. 271; amendments to by-laws. 368; ap- parent powers. 175; attachment against for- eign corporation, 368; attacking legality of corporate existence, 175; authority of agent, 193; 230; authority of manager, 391; buyer's use of stock. 116; by-laws, 57; call and sale of stock, 175; compensation of director for services in promoting. 96; compliance with laws of foreign state. 157; consideration to sustain assignment of credits, 352; contracts of promoters. 442; contracts ultra vires. 432; creditor's suit. 409; creditors failing to par-
ticipate in suit for secret profits, 16; credits in payment of stock, 116; cutting off bor- ough's water supply, 352; deed to direc- tor, 96 discretion of directors, 230; disposi- tion of assets, 289; dividends paid out of capital, 409; domicile, 391; effect of notice to agent, 472; election of directors, 157; equitable relief, 193; foreign corporations, 328; indorsement of note, 391; insolvency, 136, 328; internal dissensions, 96; jurisdic- tion of equity to dissolve, 352; jurisdiction of state courts, 96; liability of indorser on note, 352; liability for stockholders for cor- porate debt, 432; liability of stockholder for unpaid subscription, 449; liability on bonds, 271; loss of baggage, 328; minutes as evi- dence in action on bond, 57, mismanagement of officers and directors, 16 natural gas companies, 432; partnership, 311; personal liability of officers, 157; plea of guilty, 96; power of court to dissolve, 352; powers of president, 271; priority as between mort- gage and judgment for torts, 368; promo- ters right to fees, 157; property accepted at unfair valuation, 369; receivers, 311; re- moval of causes, 230; reorganization, 210, 432; right of stockholder to sue, 210; right of surety, 157; right of trustee to sue, 409; sale of entire stock, 409; sale of property to director, 116; security for indebtedness, 136; service of process, 210; statutory rem- edies, 175; stock subscribers, 289; taxation, 210; termination, 136, 472, title to undivid- ed profits, 409; transfer of stock, 489; ultra vires accommodation. 329; ultra vires con- tract, 37; unauthorized assumption of in- corporation, 352; unwarranted granting of injunction, 136; venue in an action against, 449; voting trust agreement, 37; what con- stitutes, 432; wrongful discharge of clerk,
Costs. action on bond, 271; bill of exceptions, 391; failure to give security, 289; unnec- essary abstracts, 432.
Counties. bids for county work, 116; claims
against county, 230; clerk hire, 472; com- pensation for clerk employed by treasur- er, 392; duty of commissioner to keep min- utes, 289; erection of court house, 311; levy of additional tax, 329; mandamus to com- pel calling election, 432; records, 369; re- stricting payment of warrants. 271; rights to sue, 193; withdrawal of petitioner, 489; Courts, appellate jurisdiction, 193; constituted question, 230; federal decision, 16, 210; habeas corpus, 271; imperative trust, 117; judicial notice, 271; jurisdiction of appellate court, 289; jurisdiction of district court 432; jurisdiction of municipal court, 311; jurisdiction of orphan's court, 432; necessity of showing jurisdiction by record, 369; pre- vious decisions as controlling, 311; records, 489; review of facts, 392; stare decisis, 136; suit involving separate contracts, 311; validity of act creating criminal court,
Covenants, mistake in describing lands convey- ed. 117; warranty of title, 289; what stitutes breach, 392; wills, 328. Creditors' Suit, insolvent corporation 136; lim- itatios. 271.
Criminal Evidence, books of account, 311; con- spiracy. 249; declaration of defendants. 271; declaration of third person, 249; evidence as to other offenses, 352; exclusion of wit- nesses. 157; exhibiting weapons to jury. 272; false pretenses, 369; homicide, 272; letters, 37: medical books. 210: opinion of witness, 76; photographs, 157, 352; plea of guilty, 96; proof of testimony of absent witness, 175; reading from books, 432; showing previous arrest of other persons, 449; testimony as to flight of accused, 369; violation of local option law, 249; violation of Sunday law, 249. Criminal Law, affidavit for continuance, 449; argument of prosecuting attorney, 136; bill of of exceptions. 392: competency grand of jurors. 96; confession. 157; conviction lesser crime. 369; credibility of witness, 96; declarations of accomplice, 449; effect of in- toxication, 449; effect of lost sheet from in- formation. 37; election by commonwealth. 175; failure to request certain instructions,
76; former jeopardy, 272; homicide, 210; in- dictment and proof, 329; instructions as to conspiracy, 230; jurisdiction of court of ap- peal, 57; oral recognizance, 16; power of su- preme court of Philippine Islands, 249; pres- ence of defendant, 16; presumption, prior offense, 193; recitals in record, 37; re- marks of counsel and trial judge, 432; right to move for new trial, 392; ruling on evi- dence, 76; sentence to begin in the future, 77; service of jury list, 210; setting aside plea of guilty, 272; time for filing bill of exceptions, 249; time to prepare defense, 96; uncontrollable impulse, 193. Criminal Trial, admissions by defendant, 449; agreed statement of facts, 312; appeal, 230; appeal to race prejudice, 17; argument of counsel, 230, 289, 472, 489; bill of exceptions, 137, 312, 449; circumstantial evidence, 157; compelling the calling of witness, 329; con- clusion of trial court, 117; conduct of sheriff. 175; confession, 272, 289; continuance, 272, 409; correction of copy of indictment, 472; court's right to question witnesses, 432; cross-examination, 17, 329; cumulative in- struction, 157; deaf and dumb defendants, 312; death of judge, 392; defendant as wit- ness, 175; direct examination, 369; duty to instruct, 96; dying declarations, 432; evi- dence, 352, 432; exclusion of evidence, 489; exclusion of witness, 272; failure of accused to testify, 392; failure to object to improper remarks, 272; failure to preserve error, 289; failure to request instructions, 449; failure to state case to jury, 157; falsity of testi- mony, 272; forgery, 117; form of verdict, 175; homicide, 96, 157; impeaching evidence as ground for new trial, 472; improper statements in argument of counsel, 175; inadvertent error, 96; indictment, 193; in- flamatory utterances in presence of jury, 37; insanity as a defense, 432; instructions, 17, 57, 193, 312, 369, 409, 432, 433, 449, 450, 472; irrespective answers of witness. 97: juvenile offenders, 193; mental condition, 329; mis- conduct of counsel. 329; misconduct of jury and bailiff, 369; misleading instruction, 369; new trial, 472: newly discovered evidence, 17, 37, 193, 210; objection of indictment, 329; objections not made below, 450; pos- session of fruits of crime. 329; premature appeal, 157; presumption in favor of trial court's ruling, 57; presumptions on appeal, 157; questions presented for review, 489; reading affidavit as evidence, 97; reading law to jury, 57; reasonable doubt, 210, 230. 312; receiving stolen goods, 352; refusal of continuance, 272; refusal to withdrawal of accused at inquest. 352; remarks of counsel, 490; remarks of court, 17, 57, 433; requests for instructions, 369; rulings on evidence, 272; selection of jurors, 392; self-defense. 210, 329; sentence. 490; separate trials of defendants, 272; statements by court, 175; sufficiency of verdict, 409; transcript, 312; validity of judgment, 97: value of stolen goods, 392; verdict contrary to law, 312. Crops, sale of land, 392. Customs Duties, classification. 57, 369; protest against tentative liquidation, 17. Damages, action for injuries to wife, 312; breach of building contract, 17; breach of contract, 117; delay in treating jury, 272; destruction of vessel, 77; eminent domain, 210; evidence as to previous sickness, 450; excessive ver- dict, 230; fractured knee cap, 352; fright re- sulting in neurasthenia, 175; future pain as an element. 17; husband and wife, 329; in- jury to land, 450; injury to real property, 450; instruction. 193; instruction as to earn:- ing capacity. 57; insult to passengers by carrier's servant. 272; interference with business. 352; liquidated damages, 329; loss of profits, 289; money value of time, 57; newly discovered evidence, 193; notice of contested issues, 137; nuisance, 157; perma- nent personal injuries, 433; personal in- juries, 369; physical examination, 312; pleading, 249; pleading in wrongful attach- ment suit, 289; proximate result of injury, 77; punitive damages, 117; stipulated dam- ages, 137; vicious dogs, 312.
Death, damages, 230, 352, 369; joint tort feasors. 175; negligence, 249; parties entitled bring suit, 409; pecuniary interest, 289;
presumption after seven years, 353; use of mortality tables, 157; whether from injuries or from independent cause, 97. Dedication, abandonment, 193; abandonment of wharf dedicated to public use, 490; accept- ance, 97; blanks on plats, 329; conditions, 329; conveyance of land, 433; estoppel, 193; effect of delay in acceptance, 175; prescrip- tion, 329; public streets, 353; what con- stitutes, 57, 450.
Deeds, action for cancellation, 157; appurte- nances. 193; conditional execution of deed, 433; description. 211; description of parties, 409; delivery, 329; delivery after grantor's death, 137; delivery to one of several grant- ees, 37; equitable estates, 230; estate con- veyed, 117, 353; extent of land conveyed, 433; failure of consideration, 312; fraud in procuring, 289; homestead, 249; intent of parties, 490; irrevocable trust, 289; neces- sity of seisin, 175; pei-ons entitled to at- tack, 392; power of attorey, 450; presump- tion of acceptance, 409; ait to set aside, 117: time of taking effect, 353. Depositions, commission to take, 392; failure to seal, 77; objection to commission, 137; power of justice of peace to punish for contempt. 117; waiver of objections, 97.
Deposits in Court, disposition, 450. Descent and Distribution, action on account, 249; agreement for support of children, 289; changing loan to advancement, 353; patent to widow of homestead settler, 231; plural wife's capacity to sue, 57; public land, 433; rights of surviving husband, 329. Dismissal and Nonsuit, action to recover for legal services, 369; as affecting several de- fendants, 472; ex parte proceedings, 392; ex- ceptions in trial court, 117; failure to file declaration, 353; findings of court, 211. Disorderly House, admissions, 272; evidence, 433; opprobrious words, 472; what constitutes,
Divorce, burden of proof as to good faith, 157: counsel fees, 433; custody of children, 433; alimony, 77, 409; death of successful party, 249; desertion, 57; division of property. 450; fraudulent conveyance, 17; fraudulent transfer to avoid alimony, 312; opportunity to visit child, 272; petition to set aside de- cree, 312; previous provision for wife's sup- port, 17; prior establishment of adultery, 472; public interest a consideration in sup- port of judgment. 57; refusal to pay ali- mony, 175; res judicata, 175; statutory pro- vision as to remarriage, 353; support of children. 353; suppression of plaintiff's aff- davit, 37; writ of ne exeat, 97. Domicile. citizenship of deserted wife, 231; hus- band and wife, 409; sleeping place in resi- dence, 272. Dower, admeasurement, 433; assignment, 450; purchase money mortgage, 392; rights of widow, 137; trust estate, 193; valuation, 312; voluntary conveyance, 353. Drains, assessments. 353; contracts for con- struction, 472; damages and benefits, 392; failure to give notice of proceedings to es- tablish, 57; injury to highway by enlarge- ment of water way, 117; suit to enjoin con- struction, 369.
Easements, additional servitude, 353; admissi- bility of evidence, 409; adverse possession, 77: purchase of servient estate, 57; adver- tising privileges. 193; bill to enjoin disturb- ance, 329; boundaries. 175; creation by deed, 409; creation by reservation, 37; drains, 37: equitable estoppel. 193; establishment, 193; injunction to restrain obstruction of way, 353; light and air. 409; nonuser, 77; obstruction, 473: parol grant, 193; reserva- tion in deed. 392; rights of owner of fee, 392; right of way. 77; use of cellar. 369; way of necessity, 137; what property subject, 409. Ejectment, action by administrator, 77; burden of overcoming legal effect of an acknowl- edgement, 17; defense of outstanding title, 176; equitable title. 272; evidence, 353; gen- eral issue, 410; proof of source of common title. 97.
Elections. ballots, 392; bribery at primary, 137; certificate as presumptive evidence, 392; contest. 312; contest over nomination, 137; costs of contest, 193; designation of parties.
176; ineligibility of candidate, 450; jurisdic- tion of special court, 353; mandatory pro- visions of statute, 193; matters reviewable, 249; nomination by certificate, 249; nomina- tion by petition, 392; preparation of bal- lots, 176; registration lists, 312; torn bal- lots, 392; voidable tax deed, 176. Election of Remedies, accounting, 272; restrain- ing interference with officers, 812. Electricity, contract for supply, 410; injury from live wire, 97; live wire in street, 211; negli- gence, 353; proximate cause of injury, 117; safe place to work, 272.
Embezzlement, evidence, 176; question for jury, 231; sufficiency of evidence, 473; what con- stitutes, 176, 433.
Eminent Domain, alteration of grade of high- way, 473; alteration of street grade, 312; appearance to contest merits of condemna- 392; condemning tion, 176; compensation, property for Union Depot, 17; condemnation proceedings, 57, 77; condemnation for levee purposes, 193; damages, 490; encroachment on abutting property, 117; establishment of railroad crossing, 211, 289; evidence of value, 97; inconvenience and annoyance to adjoin- 249; injunction, 193, ing property owner, 353; interest or abutter on highway, 312; condemn, 231; procedure, proceedings to 473; property subject, 312; public use, 97; reversion of land taken for special purpose, 97; taking land for drainage, 37; telephone poles and wires in street, 410; use of streets for commercial railroad, 117; vacation of highway, 137; value of property, 117, 410; values considered in estimating damages, 473. Equity, abandonment of suit, 490; adequate remedy at law, 490; alteration of decree after term, 473; amending bill, 57; applica- tion for mandamus objectionable for duplic- ity, 37; clean hands, 157; conditions of re- land purchased, 97; demurrer, 231; demurrer to open street through lief, 37; covenant where bill is vague and indifferent, 17; de- on existing easement, 97: effect of taking issue, 329; enforcement of forfeiture, 353; ignorance of law, 369; inconsistent positions, 473; laches, 433; jurisdiction, 272; jurisdic- tion to decree an accounting, 290; legal re- lief, 490; litigation between codefendants, 231; mistake of law, 433; multifarous bill, 450; parties, 312; pleading, 353; pleading new matter, 249; pollution of water course, 211; quieting title, 353; rehearing, 410; re- port of commissioner. 392; request for rul- ings on exceptions, 369; right to dismissal of suit, 490; sufficiency of bill, 353; suit to cancel notes, 37; title to land, 176; verifica- tion of bill, 37; waiver of objection, 137. Escrows, action against depositories, 450; agree-
ment construed, 97; computation of inter- est, 17; contract to sell land, 117; substantial compliance with contract, 290.
Estoppe, abandonment for contract, 117; aban- donment of street, 17; adverse possession, 211; agreement construed, 97; assessment of taxes, 272; attesting deed, 392; authority of agent, 450, 451; by contract, 157; deeds, 137; delivery of deed, 329; failure to ob- ject, 97; filing claim against county, 272; intent to mislead, 37; judicial proceedings, 450; knowledge of acts of others, 272; neg- ligence of parties dealing with real estate in another's agent, 77; permitting title name, 176; receiver's certificate, 369; rights in streets, 290; sale of land, 17; settlement deed, 137; teacher's certificate, 353; title to property, 433; validity of commercial paper, 157; validity of franchise, 17. Evidence, admissions. 410; admissions by agent, 392; admission of pleading, 97; admissions of seller after sale, 369; ancient documents, 157; arbitration and award, 117; bankruptcy, 97; best and secondary, 272; bills and notes, 157, 249; bills of exceptions, 433; book ac- counts, 290; boundaries, 353, 450; broker's action for commissions. 433; burden of proof, 272; cause of disease, 57; competency of wit- nesses, 353; condemnation award. 97; con- sideration in deed, 193; conclusiveness of admissions by corporation, 490; construction of contract, 211; construction of deed, 433; 312; declarations of usages. customs and vendor after sale, 176; deed of married wo-
man, 410; degree of mental capacity, 37; establishment of quarantine, 272; excessive damages, 410; expert medical testimony, 290; explanation, 137; extent of warranty as to quality, 58; failure to produce im- portant witness, 392; firm name as grantee in deed, 137; foreign records, 194; fraudu- lent sale. 137; genuineness of letters, 490; handwriting, 353; homicide, 490; hypotheti- cal question, 329; irrigation ditch, 137; judi- cial notice, 194, 290, 312, 329; judicial notice as to occupation, 231; judicial notice as to standard time, 473; judicial notice of facts, 410; judicial notice of government regula- tions, 392; judicial notice that electricity is dangerous, 117, law of foreign state, 273; letters, 176; malice, 77; maps to show loca- tion of objects, 17; market price, 17; market price, 353; matters of common knowledge, 329; meaning of terms in fire policy, 249; medical books, 329; medical experts, 393; motive, 194; notes, 312; object of mortgage. 312; offers preceding condemnation, 329; opinion as to speed of train, 290; opinions as to value, 290; opinion of expert, 176; opinion of nonexperts, 231; parol as affect- ing written contract, 369; parol conditions respecting delivery of deed, 353; parol evi- dence affecting writing, 272, 273; parol ex- planation of written instrument, 273; parol evidence as to official record, 249; parol to explain deed, 353; payment of mortgage, 473; partnership, 194; past transaction, 17; pedigree, 490; performance of official duty, 410; physical conditions, 450; preponderance, 97; presumption as to meetings and adjourn- ment of common council, 58; presumption from failure to produce, 393; previous good reputation of defendant, 450; principal and agent, 211; public records, 369; rebuttal, 312; records, 473; records of fire department, 176; relevancy, 353; res gestae, 137, 353, 393, 490; speed of street car, 290; statement of mort- gagor, 249; statutory provision, 249; terms to charges in of lease, 176; testimony as books of account, 17; testimony based on book entries, 231; title to minerals, 77; un- answered letters, 37; use of land, 395; usury, 17; value of attorney's services, 312; value of corporate stock, 273; value of property, 231; weight and sufficiency, 290; weight of expert opinion, 450; when admissible in part, 313; will contest, 117, 410; written contract, 176. Exceptions, Bill of, amendment, 211; correction of judge, 137; duty of trial court, 37; ex- hibits, 194, 490; extension of time, 393; mo- 433; tion in arrest of judgment, 290; omission of of judge, certificate, 433; signature time for approval, 329. Exchanges, by-laws, 194. Exchange of Property, action for breach of con- tract, 273; dealings between principal and agent, 117; mistake, 433; rescission, 231. Exclusion of Witnesses, 291. Execution, acts of purchaser preventing tender in action to redeem, 77; ballots, 410; bona fide purchaser at sale, 137; claim by third persons, 157; injunction on ground of mis- take in judgment, 58; notice of sale, 273; sale and inadequacy of price, 273; notice of sale, 273; refusal to levy on property desig- nated, 433; release, 231; tender in an action to redeem, 77; title of purchaser at execu- tion sale, 473. Executors and Administrators, accounting, 354; accounting between co-executor. 97; action for accounting, 329; advancement by admin- istrators, 158; appointment de bonis non, 97; assets, 410; bill for assignment of home- stead and dower, 329; claims barred by limi- tation. 231; compulsory accounting, 369; collateral attack, 410; conveyance of realty, 97; cost of tomb stones, 17; disputed claims, 393; effect of discharge of administrator, 176; expenditures by administrators, 273; 273; failure to file inventory, 410; final account- of mortgage. ing, 393; foreclosure fraudulent sale, 433; inventory, 313; liability for money received, 273; liability on bond, 410; litigation expenses, 433; nonresidence as affecting appointment, 410; note due ad- ministrators, 137; opening decree of distri- account. bution. 18; parties to action 231; payment of claims, 433; payment of
debt, 137; payments to widow, 354; personal liability, 58; pleading in action against, 313; power to sell real estate, 77; publica- tion of notice for sale of land, 18; qualifica- tions, 354; real estate acquired, 194; refusal to make deed, 77; removal of executrix, 194; repudiation of limitation by will, 118; revo- cation of letters on finding will, 58; right to distribution, 37; right to testator's title paners. 97: sale of land, 158, 473; setting aside fraudulent claim, 249; settlement and review, 313; so.e devisee, 137; statute as to failure to file inventory, 410; suit against co-executor, 248; time for asserting claim, 273; title of executors to choses in action, 18; transfer of assets by widow, 211; vacat- ing sale made by administrators, 290; when limitation begin to run against estate, 410. Exemptions, earnings, 290; estoppel, 18; waiver as to homestead, 490.
Explosives, care required, 37; judicial notice. 393; negligence, 176.
Extradition. sufficiency of averment in habeas corpus proceedings, 37.
Factors, departure from instruction and subse-
quent ratification, 58; liability for shipment, 354.
False Imprisonment, punitive damages,
searching customer suspected of stealing, 290.
False Pretenses, evidence, 231; fraudulent sales, 18; indictment and variance, 450; variance. 369.
Federal Courts. amounts in controversy,
authoritative decisions, 393; comity, 58; con- struction of the statute, 354; decision on non- federal grounds, 176; diverse citizenship, 231; effect of certificate of state court, 369; federal questions, 370; interference with state administration of criminal law, 410; jurisdiction, 231, 249; state statute of limi- tation, 77; taking property without compen- sation, 354.
Ferries, liability of ferryman, 58. Fines, disposition of proceeds, 273; imprison- ment, 273.
Fire Insurance, acts of agent of insurer, 330; additional insurance, 450; agents, 176; ap- praisal and award, 158; avoidance of policy. 410; breach of condition of policy, 77; breach of warranty, 18; change of location of prop- erty. 118; concurrent insurance, 393; con- ditions to notice. 194; construction of policy, 158; different kinds of property, 137; effect of other insurance, 410; indorsements on policy, 18; insurable interest, 58, 290; mis- description of property, 330; mutual insur- ance, 473; notice of non-payment of assess- ment, 137; ownership of property, 194; proofs of loss as evidence of value, 37; prop- erty covered, 231; property insured, 176; reference to arbitrators, 211; right to in- dorse policy, 450; stipulation as to incum- of brance, 118; subrogation insurer, 211; the word "fire" defined, 97; value of articles lost. 434; waiver of conditions. 410. Fish. Hawaiian fishery grants, 410: protection. 211; rights of landowner,, 194; rights of public, 211; taking oysters from private beds, 473. Fixtures, gas ranges, 473; landlord and tenant, 58; reliance on representations, 393. Forcible Entry and Detainer, appeal bond, 370; pleading. 194.
Forgery, elements of offense, 330; signing note as witness. 118.
position, 57; effect of mortgage foreclosure Fraud, contracts. 194; duty to investigate, 313; equity jurisdiction, 434; expressions of opin- ion, 473; false representation. 313: ignor- of truth of representation, 176; incor- rect estimate as to value, 158; intent, 18: persons in fiduciary relation, 97; persons Cable, 273; reimbursement. 369; sale of de- fective machinery, 330; what constitutes, 370. Frauds, Statute of, agreement for sale of inter- est in business. 313; agreement not to be performed within one year. 273; agreement to locate mining claim, 18; antenuptial agreement. 77; boundaries. 98: conveyance to wife, 98: debt of another, 250, 450, 490; joint promise. 410; modification contract. 450; oral contract, 273; original promise. 194; parol contract of heirs, 211; parol
lease, 434; parol novation, 77; part per- formance, 393; promise to pay debt of an- other, 158, 313, 354; questions for jury, 194; recovery for work and labor under contract, 194; time and place of payment, 18.
Fraudulent Conveyance, absence of considera- tion, 77; action to set aside, 97; creation of debt, 37; creditor's lien, 18; disregard of judgment, 473; failure to record sale, 290; future creditors, 370; grantee's knowledge of fraud, 137; husband and wife, 38, 450; insolvency, 58, 410; intent, 393; limitation, 176; mortgages, 410; ownership of property, 354; parent and child, 290; procedure in creditor's suit, 273; property of trifling value, 313; sales in bulk, 290, 370, 393; setting aside, 410, 434, 473; voluntary conveyances, 434. Game, prohibition of sale, 137; rights of land- owner, 194.
Gaming, consideration for check, 370; indict- ment, 77; license, 290; option contracts, 354. Garnishment, construction of statute, 176, 194; crops in landlord's hand. 38; debt due non- resident, 30; notice to garnishee, 434; pro- ceedings originally void, 231.
Gift, delivery. 38; instruction as to gifts inter vivos, 330; undue influence, 231.
Good Will, firm name, 313; sale of business, 290; what constitutes, 330.
Grand Jury, refusal to testify, 77. Guaranty, construction, 313, 490; discharge of guarantor, 411; extension of credit releasing guarantor, 78. Guardian and Ward, accounting, 98, 211; action in names of wards, 330; agreements as to custody, 313; appointment of guardian, 78, 250; contracts, 370; laches in bringing ac- tion on guardian bond, 158; liability for funds of ward, 273; liability of guardian for interest, 450; removal, 194, 490; selection of Committee for incompetent, 38; setting aside sale to guardian, 370.
Habeas Corpus, breach of condition of pardon, 290; custody of children, 194; extradition, 38; federal interference with state administra- tion of criminal law, 231; findings of lower court, 411; grounds of writ; 451; powers of court, 290; to test sufficiency of indictment, 250; violation of court's order, 176. Hawkers and Peddlars, license taxes, 290. Health, destruction of property to prevent spread of disease, 38.
Hi hways, appeal from award of damages, 393; application for public road, 231; collision between travelers, 451; establishment, 273; grant of franchise, 290; injury to abutting owner, 231; leaving explosives in highway. 330; liability for damage caused by run- away team, 194; obstructions, 137, 473; open- ing and working, 118; overseer's failure to discharge duties, 370; prescription, 158; rights of pedestrians and automobiles, 330; surface water, 231; vacation, 138. Highways, vacation, 138; aliotment of widow, 194; claims of dower, 393; contract to de- vise. 434; declaration to establish, 231; es- tablishment, 273; exemptions as to proceeds, 411; fraudulent claim. 250; improvements, 231; proceedings reviewable, 158; rents and profits. 58: rights of surviving widow, 330; sale of fee for deceased husband's debts, 18; temporary absence, 273. Homicide, aiding and abeting, 250; assault com- mitted in house, 38; assault with intent to kill, 273; character of deceased. 118; crim- inal negligence of physician, 176; defense against simp'e assault. 434; description of assailment, 451; dying declarations, 273, 330; effect of juror's taking notes, 354; evidence to removal of stomach in poison case, 158; evidence as to reputation of deceased, 273; indictment, 18; instructions, 58, 78, 370, 393; intent. 158. 232. 490; killing in heat of blood, 490; killing one with design to kill another. 273; malice. 232: manslaughter, 18; necessity of defining self-defense, 18; parti- cipation in quarrel, 451; possibilbility of saving life, 393: provocation. 211, 451; pro- voked quarre', 176, 330; reputation for car- qual instatione rying nistol resistance of officer, 232; resisting arrest, 38, 313; review of evidence on appeal, 78; self-
defense, 194, 313; shooting a pistol into a crowd, 313; shooting of third person. 330; specific intent, 176; threats of deceased, 451; variance, 393; voluntary manslaughter, 194. Husband and Wife, abandonment of wife, 273; action for alienation of affections, 118; ac- tion to restrain breach of contract, ante-nuptial agreements, 330; ante-nuptial settlements, 354; capacity of minor wife to sue, 38; chattel mortgages, 434; community property, 138, 194, 250, 273; connivance in divorce, 232; consideration for ante-nuptial agreements, 330; contracts, 313, 370; convey- ance to wife, 177; divorce as affecting home- stead, in public lands, 393; estates by entirety, 330; homestead entry, 393; liability for pur- chases of wife, 354; liability of wife's prop- erty, 393; loss of service, 177; married wo- man's contract for services, 211; mortgages, 393; note by married woman, 313; plural 58; property wife's capacity to inherit
rights, 451; purchase of tax title by wife, 158; rights of surviving husband, 370; sale to wife, 98; tenenta by the entirety, 18; title to realty, 211; validity of deed by wife, 138; wife's interest in personalty of husband, 434; wife's separate estate. 434. vacation on Improvements, compensation
Incest, evidence to convict, 393. Indemnity, contract limitation, 78; discharge of liability, 18; unreasonable limitations as to time of bringing action, 158.
Indians, citizenship, 273; descent of land, 370; lease of lands, 177. Indictment and Information, assault with intent to kill, 232; definiteness, 451; election be- counts, 290; following language of tween liquors, 158; 274; intoxicating statute, joinder of offenses, 194; joinder of parties, 177; jury exemptions. 490; misdemeanor, 58; omission of seal of court, 18; substi- tution of copy, 473. Infants, action by next friend, 78; appearance by attorney. 38; appointment of guardian ad litem. 177; appointment of guardian ad litem, 158; contract of employment, 313; control by state, 393; failure to appoint guar- misrepresentation dian ad litem, 250; age. 38; right to avoid contract, 411. Injunction, adequacy of legal remedy, 118; ade- quate remedy at law, 473; boycotts, 290; contempt proceedings, 118; continued tres- pass. 195, 434; contract of employment, 138; damages on dissolution, 490; election tween counts, 290; enforcement of negative covenant in lease, 290; gambling house, 291; insufficiency of bill, 411; irreparable injury, 490; motion for dissolution, 434; motion to vacate, 473; pending payment of damages, 250; persons liable. 291; remedy at law, 330; restraining breaches. 250; restraining com- mission of crime, 291; restraining enforce- ment of ordinance, 98, 490; restraining erec- tion of apartment house, 232; restraint of criminal proceedings, 291; restraint of mu- nicipal officer, 211; sale in bulk, 393; street 98; threaten- 274; strikes, improvement.
ed injury, 211; trespass, 38, 177; voluntary dismissal, 274.
Innkeepers, loss of guest's money, 211. Insane Persons, avoiding conveyance, 313; in- 434: judgments, 473; judgment quisition,
when one of the parties is insane, 58; fraud- ulent preferences, 177; votes of creditors. 18.
Insurance, sprinkler leakage, 394. Interest, consideration for reduction. 451; dis- charge of school teacher, 138; judgments, 232; city. 195; money wrongfully withheld by open accounts, 274; unliquidated demands, 250. Intoxicating Liquors. assignability of license, 212; criminal prosecution under local option exchange for law. 274; dispensaries. 313 peaches as constituting illegal sale. 18; il- legal sale, 19; illegal sale, 274, 313; innkeep- ers. 411: instructions in an action on liquor bond. 330; keeping saloon open on Sunday, 291; iability for wrongful sale, 250; licenses. 98. 370, 451; local option law, 78, 250, 330; mulet tax, 38; ordinance as to Sunday sales, 473; place of sale, 195, 274; question for
jury, 194; retailing without license, 473; re- vocation of license, 313; sale to minor, 330; seizure, 473; sufficiency of indictment, 451; transfer of license, 78; unlawful sale, 250, 291; what constitutes. 98. Joint Adventure, dissolution, 370; necessary par- ties, 158.
Judges, disqualification, 118, 177, 232; order in vacation to receiver, 274; powers of suc- ceeding judge, 195; re-argument after term expired, 177. Judgment, action to enforce, 394; action to quiet title. 274; affidavits of merits. 313; applica- tion for correction, 490; assignment, 211, 274; collateral attack, 274, 330, 370; courts of general jurisdiction, 158; decree in inter- ference proceedings, 98; effect of clerical of minority of one misprison. 370; effect party defendant, 451; equitable relief, 250; execution, 394; final determination, 274; fiood- ing lands, 474; fraud in procurement, 411; for re- as ground insu cient complaint versal, 394; interrogatories, 177; joint de- fendants, 58; jurisdiction, 78, 118, 434; lien, 354; matters not in abstract, 330; matters which might have been litigated, 411; mer- ger, 177, 313; misconduct of attorney, 195; non-suit, 274; office default, 354; order of court for wife's separate probate partnership accounting, 212; port, 274; persons persons bound, petition to vacate, 195: attitude as counsel, 195; probable cause, 250. 291. 177, 38, 158; res judicata, demurrer res judicata, 58; 491; ruling on setting aside, 274, 451; title to realty. 118; vacation where default is due ble neglect, 38; vested remainders, 18; what greater constitutes, 000; where award is than relief granted, 18.
Judicial Sales, acceptance of deed, 138; default of purchaser, 98; laches, 177; place, 313; rights of purchaser on vacation, 232; tech- 177; title of purchaser, nical objections, 195.
Jury, action in equity, 434; challenges by state, 177; challenge to poll, 314; competency of juror. 314; condemnation proceedings, 232; discretion of court in excusing juror, 158; excusing juror, 58; interest in result, 195; motion to quash special venire, 78; quali- fications of juror, 58; right to jury trial in bankruptcy proceedings, 158; self-defense, 330; validity of oath of talesman, 451. Justices of the Peace, certiorari, 394; complaint in unlawful detainer, 411; dismissal of ap- peal, 354; jurisdiction, 78; jurisdiction in action involving title to land, 474. Landlord and Tenant, action for rent, 212, 330; agreement to protect growing crops, 232; allowance for repairs, 370; cancellation of lease, 138; construction of lease, 118, 331, 474; constructive eviction, 331; contract in writing, 331; damages, 491; damages for 158; defective failure to heat premises. building, 18; emplements, 138; extinguish- ment of lien. 331; holding over under lease, 98; injury to licensee, 59; landlord's lien, 250; leases, 451; lease and condition subse- quent, 232; lease on condition subsequent, 232; liability as to third persons, 138; lien for unaccrued rent, 411; lien on crops, 394; mortgage of crops, 158; municipal require- ments. 314; necessity of reducing lease to writing, 491; notice to quit. 177; oil and gas lease, 18; option to purchase, 98, 231; partial invalidity of judgment for rent, 434; refusal to accept premises. 195; reservation in lease of land, 98; rights of lessee, 394; tenant's damage by sale of premises, 18; the relation, 118; time for exercising option to purchase, 354; trespass to easement, 38; unlawful detainer, 370; who are tenants. 274.
Larceny, bringing stolen property into state. borrowed 331; instructions. 291; obtaining goods by 212; pledging false pretenses, property, 138; possession of stolen property, 274.
Lewdness. notorious cohabitation, 370. Libel and Slander, advertisements, 314; condi- tional privilege, 98; corporations, 274; just- fication. 158; opprobrious libelous epithets,
« PreviousContinue » |