MORTGAGE. Conveyance subject to; division of
Foreclosure; assignee of; mechanic's lien; necessary
party; purchaser at sale; under mechanics' lien can-
not be ejected...
Foreclosure; when right not cut off..
Future advances; insolvency; preference; fraud.. 357
Payment of taxes; foreclosure; claim of lien; notice. 294
Power of sale; attorney and client....
Uncertainty in description; evidence aliunde...
Operating road after default.
MUNICIPAL BOND. Bona fide purchaser; notice;
practice; offer of testimony; rejection; presumption, 95
Kansas statute; election; notice; recitals; interest;
estoppel; bill of exceptions...
Negotiable; Iowa statute; constitutional law: subject
embraced in title..
MUNICIPAL CORPORATION. Advertisement
for proposals for grading and paving a street...... 433
Care of streets; adopting charter powers imperative;
adjoining owner changing sidewalk; no defense to
city after notice.
Care of streets; negligence; proximate cause....
Change of grade of street; damages; surface water..
Contract without formalities required by charter; in-
tervention of attorney-general; injunction.
Horse frightened by boulder in street; statutory
Icy sidewalk; contributory negligence...
Evidence as to prior condition...
Injury to foot; passenger going off street on adjacent
lands; implied invitation..
Legislature may divide; apportionment of liabilities;
services by attorney..
Negligence; advertising banner across street....
; public building; excavation for........
Nuisance; firing cannon in streets.....
Requiring lot-owners to remove snow from sidewalks. 362
Respondeat superior; cemetery trustees; city vault.. 152
Streets and alleys; ejectment.
Negligence; contractor; excavation in street
Surface water; damnum absque injuria..
NATIONAL BANK. Penalties for taking usury.. 317
Usury; Federal and State statute
- penalty; State court; jurisdiction..
See Constutional Law.
NEGLIGENCE. Accident at street crossing; evi-
dence as to its condition; challenge to juror
Accident; no presumption from..
Action against maker of machine for injury to third
person during operation by purchaser..
Approaches to premises; licensee...
Cause of action assignable; maintenance; depriving
of right to remove federal court
Contributory; inference either way; question for
Crossing railroad track; contributory negligence.....
Distinct causes of action; separate suits.
Employee of railroad; question for jury..
Hand on base of open window of car; question for
Joint liability; driver and owner of team; partner-
Leaving train while in motion; contributory negli-
gence; acting in emergency: question for jury...
Llability of receiver for..
Passenger attempting to leave moving train; con-
Plaintiff's testimony must establish; inference either
way; nonsuit proper
Presumption from accident......
Railroad; personal injury; contributory negligence;
Railroad company; proximate cause; defective ma-
chinery; presumption of duty to inspect
Railroad; throwing mail bags...
Railway crossing; contributory negligence; must look
and listen; flagman at crossing; presumption of self
Submission of question to jury. evidence; failure to
Wharves; obstructions; sunken pile; damage to ves-
sel; liability of owner and occupant.
When not liable for contractor's; ditch in street.. 58
See Animals; Banks and Banking; Municipal Corporations.
NEGOTIABLE INSTRUMENT. Alteration;
adding surety; maker liable
- does not release when consented to; bona fide
Assignment of, by foreign executor; assignee may
Assignment of paid note; right to contribution passes, 213
Banker's draft; insolvency of drawer......
Check; holder cannot sue bank.....
-; presentation for payment; failure of bank
Compromise; new note; consideration; surrender
Coupon bonds; negotiability; seal...
Failure of consideration; payment in goods; bank-
ruptcy of maker.
Illegal consideration; pari delicto; composition...
suppressing criminal prosecution....
Material alteration; surety; contribution
National bank; indorsement for collection
Notice of dishonor; assignment for creditors; non-
Protest; waived by parol
Statute of limitation; due bill; no demand necessary
to set statute running....
NONSUIT, when not granted.
NUISANCE. Evidence; question of damage
Keeping stock yard; R. S., §§ 8180, 8181; action at law;
Widow's right to child's services..
PARTIES. Partners; action must be against all..
PARTITION. Lessee for years; must have notice.. 458
Litigating validity of mortgage; estoppel; mortgage
foreclosure; merger of debt.
PARTNERSHIP. Account between two
Surviving partner resisting law-suit
Assignment to one partner; consideration; release... 18
Fictitious; and Co."; construction..
Liability after dissolution; partner released may re-
cover from co-partner..
Limited; payment of capital not in cash; estoppel;
judgment in view; bankruptcy; adjudication bind-
Ing only on parties.
Power of partner to dissolve; future liability; notice.
Property of, purchased by partner; exemption..
Retiring partner; liability to creditor not having no-
tice; admissions by other partners do not bind...... 155
Sale of good will; soliciting customers of old firm;
Share in profits and losses..
Transacting business and signing firm, not conclusive
that signer is partner..
Trustee process; set-off; debt secured
PARTY-WALL. Leaving recesses in..
PATENT. Infringement; action by patentee and
license after suit by patentee
Infringement of; dude collar...
Injunction; not granted to United States; action to
repeal; action for infringement
Suit for infringement; laches; demurrer..
License; receiver; practice; comity of courts.
Public use; sale to test machine; presumption
75 PAYMENT. Application of
In money or equivalent; election; railroad bonds;
recovery of interest; demand..
Of assessment under protest....
PLEADING. Condition precedent; allegation and
denial; Iowa Code
Contributory negligence; when not question of law
Construed against pleader; denial; admitted, quali-
filed or denied; admission; answer in another suit.. 253
Malicious prosecution and false imprisonment may be
joined order of arrest; false imprisonment does
not lie; malicious prosecution; probable cause...
Money illegally exacted; New York Code; answer;
Parties; substitution of sheriff's indemnitors; Code
Civ. Proc., 1421, strictly construed.
PRACTICE. Amendment to pleading; discretion;
refusal to exercise discretion, error
Assault with intent to kill; reversal; second trial for
Bills of items in libel.
Demurrer; uniting causes of action; Code Civ. Proc.,
Waiver of jury; stipulation; Rev. Stat., 649; State
Wisconsin; custody of record; writ of error; to what
court directed; statute of limitations; record...... 375
When non-suit not granted
PRINCIPAL AND AGENT. Contract to sell
land; compensation; ratification of contract...... 336
PROCESS. Service on complainant or non-resident
defendant attending on trial..
PROPERTY. In human corpse.................. 463
Conditional; meaning of words; question
for jury; practice; submitting case; weight of evi-
Chattel; particular use; implied warranty
Defective boiler; warranty; deceit
Delivery C. O. D.
Fraud; change of possession; agent..
Particular use; warranty; waiver..
Ore by sample; rule in Pennsylvania; contract en-
tirety; damages; interest
Warranty; election of vendee to rescind; damages
Warranty of quality; severable contract; right to re-
Enjoining State court..
Joint debtors in a mortgage; non-resident mortgagor, 95
REPLEVIN. Custodia legis
Damages; attorney's fees; no exemplary damages
against sheriff; chattel mortgage; void; hinder and
REWARD. For apprehension of thief; owner of
horse apprehending hirer who has sold it
Charter; party; stipulation as to sailing
Collision; observing lights: mutual fault; negli-
gence; deckhand Injured; several liability
Maritime lien; supplies; ship's agents; secret agree-
ments with stevedore..
Pilots; duty of; unknown obstructions; costs
SLANDER. Charge of crime; justification; proof
beyond a reasonable doubt....
Privileged communication; as to character of school
teacher by resident of district..
See Abatement; Libel.
SPECIFIC PERFORMANCE. Benefit of third
person; possible benefit not sufficient..
Purchaser objecting to title; defects in records cured
Statute of frauds; part performance
STATUTE. Chinese immigration..
Claim or demand"; deposit in insolvent bank
Construction; ballots on plain white paper" may be
on paper of unusual thickness...
Construction of ordinance; auctions.
STATUTE OF FRAUDS. Parol agreement
Conveyance by father to son........................
STATUTE OF LIMITATIONS. Action against
directors; by stockholder. Code Civ. Proc., §§ 388,
SUBROGATION. Judgment note; lien...
SUNDAY. Promissory note; conflict of laws..
SURETY. Action on bond; notice of default.
joint debtors; subrogation...
two debtors: creditor; accomodation note; mortgage, 58
TAXATION. Cemeteries not exempt from assess-
Charter exemption of capital stock of railroad; ex-
emption of individual interests of stockholders;
obligation of contract; power of legislature.... 292
Corporation not governmental agency..
Exemption; educational institution; policy of stat-
ute; cloud on title; void assessment; action to re-
Exemption of railroad; personal privilege...
Inter-State commerce; logs in transit..
Navigation of river; conflict with federal laws.
Notice to owner; enjoining collection; publishing no-
tices; act 1878, ch. 65.
Warranty; when not implied.
Stoppage in transit
SCHOOLS. Regulation that scholars shall lug wood, 402
SHERIFF. Trespass; fraud.
SHIP AND SHIPPING.
part owners of steamboat; accounting; sale; State
See Constitutional Law.
TELEGRAPH. Limitation of time to present
claim for damages; notice of condition...
TELEPHONE COMPANY. Bound to furnish
Evidence; report of conversation by operator...
Power to tax.
TENDER. Must be kept good..
TOWN. Aiding railroad; may rescind vote.
One of four officers cannot bind town; all must act. 298
TRADE-MARK. Corporation has right to; another
corporation cannot take........
"St. Louis beer;" deceit...
Parties of same name; deception; injunction.
TRESPASS. Ab initio; failure to leave enough hay
to keep stock..
Mortgagee may maintain, against purchaser of manure
TRIAL. Issues in equity cases: verdict of jury
merely advisory; Code, §§ 972, 1003; evidence; ad-
missions; failure to answer letter; not bound by
TRUST. Beneficiary entitled to account; pleading;
in charging fraud should allege facts; mortgagee
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.
Devise by husband to wife on her promise to keep for
Lien of judgment; "real estate;" bankruptcy; power
of appointmeat does not pass..
Resulting; executor purchasing trust property; fraud. 18
Funds may be followed; misappropriation.
Investments; good faith; discretion........
Rule as to investment..
Statute of limitations
UNITED STATES GOVERNMENT.
thorized sale of property..
USURY. Question of intent; pleading...
VENDOR AND PURCHASER. Inadequacy of
consideration; insanity; non-professional witness;
constructive notice; mere rumor not
Purchase of securities; payment; discharge of lien;
parol evidence as to consideration; practice; subro-
Fraudulent representations as to value
Lien of vendor; priority of judgment...
Record of agreement; entries in index-notice..
VERDICT. Receiving, in absence of defendent;
right to poll jury; Sunday not court-day; error..... 256
WATER AND WATER-COURSES. Covenant
house;" adjoining cellars; percolation.
License by riparian Owne to one off the stream;
injunction by lower proprietor....
Mill-dams; reasonable use of water.....
Prescriptive right; equitable action to quiet title; in-
junction; pleading; joinder of defendants
WILL. After-acquired property; specific or residuary
Conversion; direction for sale; discretion as to time of
Devise in trust; suspending power of alienation; re-
fusal to accept provision in lieu of dower..
Devise; life estate
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
Devise void as trust; valid as a power; power of sale;
discretion; 1 R. S., 729, § 55; receiver cannot execute. 411
Dower; provision in lieu; failure to dissent.
Executory devise; dying without issue....
Gift to a class; distribution per capita..
Heirs and next of kin; husband
Provision requesting services; liability of estate for
Public charity; condition subsequent; perpetuities 405
Remainder; life estate..
Trust; payment of income.
--; power of disposal.