STSURAN

che

402

I 22

316

tion.

298

56

436

452

476

30. AND

CONTRACT-Continued.
Page.

Page.
Unintelligible order; evidence.

417 ELECTION OF REMEDIES. Action for price;
Rescission.
138 rescission for fraud; practice.

354
CONVERSION. What constitutes

373 ELECTION. Ballots; initials; idem sonans; uninten-
What amounts to ; seizure of goods by officer.

497

tional erasure
COPYRIGHT. Dramatic composition; originality; pub- Bribery : treating

43
lication ; parties.
193 Paying traveling expenses.

43
Musical composition; citizen assigned to non-resident for- EMINENT DOMAIN. Appropriation; railroad; dam-
eigner: "Mikado

ages
In pictures in illustrated newspapers.
374 ESTOPPEL. By deed; after acquired title

454
CORPORATION. Authority of committee from cor-

By, judgment; specific performance of contract; reforma-
poration as agent; ratification; evidence of
452

417
Foreign; liability of stockholders ; jurisdiction of courts..
175 Wrong decision

137
Insurance company; stock and mutual departinents; sur- Foreign corporation; public use.

415
plus earnings; rights of stock-holders.

356 EVIDENCE. Life and annuity tables in actions for per-
Liable for malicious proseeution....
302 sonal injury; measure of damages..

477
Mortgage of corporate property; all stock owned by one Res gesta; negligence; proximate cause..

517
person
257 Cash-book

374
Torts of officers; false representations as to stock liability to Production of books; sealing up irrelevant portions.

18
creditors

Declarations of agents; memorandum.
Libel and slander; officer ; knowledge; liability.

495
56 Statement of conductor after accident.

155
Legal existence, how questioned ; quo warranto

374 Declarations of party ; complaints
COSTS. Allowances in divorce cases.

464
475 Handwriting. comparison of hands

197
COVENANT. To repair streets ; damages.
177 Hearsay; identity; claim under will

516
COUNTIES. Bridge; unspiked floor; contributory neg- Memorandum; time-book..

162
ligence

118
Parol; ambiguity in building contract.

374
Liability for board and lodging of prisoners out of jail. 232 Written contract; modification by parol ; new agreement.. 177
COURTS. State and Federal courts; jurisdiction ; intoxi- Opinions as to condition of highway

134
cating liquors

155 Expert as to controlling train; negligence; due care on
CRIMINAL CONVERSATION. Plaintiff's knowl-

sufferer's part.

517
edge and consent.

Opinion as to negligence.

334
CRIMINAL LAW. Sale of intoxicating liquors to Age of writing.

515
minor by agent

439 Value of services; claim against responsible party; poverty
Aider and abettor; instructions

350

of plaintiff.
Assault and battery not riot.

238
439 Reason for opinion..

57
Bail; deposit of money in lieu.
177, 195 Public records; certificates of public officers.

18
Bribery : Penal Code, $ 72; confession ; Code Crim. Proc.,

Register of marrủage in another State..

18
$ 395 ; corpus delicti.

372 EXCISE LAW.
Embezzlement from National bank ;

Charge of court; constitutional law

i
not punishable by

rules of evidence.
State Court

394
142 EXECUTION. Exemption; farming utensil or imple-
Evidence: corroboration of accomplice

443
of threats of third persons

ment; "threshing machine.

422
7
; calling attention to particular facts; specific acts of

See Supplementary t'roceedings.

EXECUTOR AND ADMINISTRATOR. Judg-
violence

475 ment obtained by foreign administrator ; action on..
; good character of accused ; effect of.

375
197 Judgment against estate, by default; liability of sureties
; prisoner's testimony at coroner's inquest.

when estate insolvent
False pretenses; separate trials; evidence; juror's opin-

197
Liability for acts of co-executor.

476
ions : prisoner as witness.
236 Title to assets; acts before appointment.

357
Forgery ; uttering: delivery.

Personal estate; divorced wife not widow
Homicide : drunkenness; mistake in identity,

425
357 As witness; Code, $ 829...
; justifiable ; technical trespass ; test of self-defense... 374

See Action; Contempt.
; in trying to scare.
Jurisdiction ; one crime committed in two different coun-

EXTRADITION. Enticing within State ; Governor
Hill's decision..

182
ties; Constitutional Law

50 Interstate; escape...
Larceny ; distinguished from conversion.

335
95
--; part of goods not known.

37 FALSE IMPRISONMENT.
Liquor law; conspiracy : solicitation.

Damages; mistaken

276 identity...
New trial ; newly discovered evidence.

335
17 FRAUD. Setting aside deed; conveyance to betrothed.. 518
Obstruction of highway ; abandonment.

17
Oleomargarine; charge lo jury

Misrepresentations of value of property of stock company
Assault with intent to commit rape ; what constitutes; evi-

as to boundary of real estate; question

of fact.

137
FRAUDULENT CONVEYANCE. When good
dence

228
Rape ; evidente: complaint made by victim after the act;

as to parties.

357

Action to set aside; not maintainable by a fraudulent credi-
exception i rule ; youth of victim

tor or debtor.
; declaraisons ; letter

454
56
; husband as accessory

Error in receiving and including evidence..

354
125
Polygamy; evidence: Edmunds" law.

Lease containing clause giving lien ; tenant remaining in

253
Offering for sale ; what constitutes.

possession; assignee for creditors may avoid

83
Sentence; changing at terin...

Secret trust; grantors; creditors...

238
439
Twice in jeoparily; discharge of jury.

155
Acquittal of burglary with intent to steal is bar to prosecu-

GIFT. Corporate stock: agreement against public policy.. 277
tion for grand larceny

Policy of insurance; delivering.

18
143
Former acquittal; selling intoxicating liquors..

Promissory note

298
383 Causa mortis; notes and mortgages.
DAMAGES. In action on injunction bond; counsel fees. 138

GUARANTY. Joint ; withdrawal of one before com-
pletion....

118
334
To growing crops ; opinion evidence

Condition that co-guarantor may be secured.

237
Liability of owner of dog

GUARDIAN AND WARD. Liability of sureties;

497
Exemplary ; liability of carrier for assault by servant.

past default.

316
Tort ; husband's liability for wife's tort.
When party injured must lessen; policeman suing for salary 95

HIGHWAY. Dedication and acceptance; obstruction... 396
DEED Boundary by highway ; quantity conveyed.

Authority to use street as hack stand.
238

203
Boundary; on stream.

Improper erection on, by town..

74
"on west by Wood creed;" when conveys no rights
HOMESTEAD. Hotel.

518
in water

House on leased land; abandoned wife's rights....
354

244
; adjacent street or passage way

118
Condition subscquent; 'restriction as to buiding and use; INDIANS Treaties ; construction ; cession of lands.. 514
subsequent quit-claim..

298 INFANTS. Goods sold to partnership ; avoidance.
Consideration; antecedent indebtedness; evidence to con-

357

Contributory negligence
tradict recitals; vendor's lien; voluntary conveyance;

282

INJUNCTION. Easement in camp-meeting ground.. 99
rights of creditors...

56

Against libel of business
Marriage.

371
298
Delivery; presumption from recording

Right of fraudulent grantee; holder of legal title.

198
453
Fraudulent destruction; equitable relief

INN-KEEPER. Lien for board ; property of third per-

454 son received as property of guest.
Exception and reservation; property conveyance by infer-

93
INSOLVENCY Payment of note ; conflict of laws.. 74

352 INTOXICATING LIQUORS. Buyer not particeps
Reservation.

277

criminis
of “spring;" declaration of deceased grantor; of former

23
INSURANCE Mutual benefit societies; Law$ 1875,
grantee
oi trust for debts; purchase by grantor under foreclosure of

chap. 267 ; extent of benefit.

115
earlier deert: title acquired; married woman.

Mutual benefit societies ; by-laws; benefits; authority of
Igo

committee
DISCONTINUANCE. By partner; fraud.

455
258 Instruction to cancel policy; agents' neglect.

455

102

476

98

395

INDEX-DIGEST TO ABSTRACTS, ETC.

525

58

118

438

415

38
38
456

358

156

Void for usur

210

227

58

456

119
139

INSURANCE-Continued.

Page. MASTER AND SERVANT-Continued. Page.
Evidence ; civil action; criminal prosecution..
277 Negligence; contract not to hold master for

423
.: of other damage in neighborhood

23 Liability of employer for trespass by contractor.
Forfeiture; other insurance ; waiver..

49, 454 Injury to servant ; master directing with knowledge of
---; right of insurance company to repair ; to pay mort-

danger

191
118
Vacant and unoccupied.

Breaking of scaffolding; fellow servants.

156
369 Liability for acts of agent or lessee of express line; pre-
Waiver by agent of writte notice of lo by fire; provision

sumption..
against other insurance.

454 Negligence
Life; agreement for ; proposal and acceptance ; material Injury from defective boiler
alteration of risk before tender of premium.

148 Dangerous structure..
; action....

33 Machinery; new invention.
; assignment; parol to mother of illegitimate child. 375

Municipal corporation; negligence.
; insurable interest ; notice not to pay
455 Right of discharged employee to sue for wages..

377
; support
455 Servant leaving team; horse running away

75
nephew in life of aunt; creditor ; cessation of interest. 464 Liability of master for servant's tort against another servant. 199
; misrepresentation ; occupation ; question of law. 463 MINE. Lease; covenant to pay royalty.

278
: sale of liquors; hotel-keeping -

462 MISTAKE. Reforming deed.
; proofs of death ; suicide ; burden of proof; coroners MORTGAGE Assignee takes subject to equity; power
inquest

96 of sale; purchaser takes risk,
Marine ; concealment by agent.

431 Chaitel; description of; property; identification; evidence;
; injury to donkey-engine.
10G conversion by stranger.

373
Crops against storm ; growing crops
138 Mares; colts

397
Against tornadoes : vacancy : increased risk

constructive delivery; trover and conver-
sion

373
JURISDICTION. Actions for personal injury; foreign Notes secured by; description
law: pleading
384 Foreclosure; default in payment of interest.

73
District Court United States ; limitation of liability of ship- Part of premises in another State; enforcement

178
owners; prohibition.

477
Receiver's certificates; wages of e.uployees...-

439
JUDGMENT. Former ; bar; criminal case

42 Property destroyed; application of insurance money; de-
Former : creditor's action by wife against husband ; subse- posit of, in bank at mortgagor's request; failure of bank.. 119
quent divorce ; estoppel ; lien..
177 Purchase by plaintiff ; agreement to reconvey

178
Conclusiveness ; title in replevin.

375

By railroad; construction of sinking fund; provision....... 54

Mortgagee buying premises at tax sale.
LANDLORD AND TENANT. Assignment of term; Sale by mortgagor to mortgagee; lien of subsequent judg-
liability for rent

332
ment

417
Covenant for lease like old one.

47 MUNICIPAL CORPORATION. Contract with;
Joint lease ; liability for rent ; statute of limitations ; Code

ultra vires
Civ. Proc., $ 1937
415 Exclusive contract to remove dead animals from street.

403
Liability of landlord to third person; contributory negli- Bridge; canal; obligation to guard streets.

75
gence
138 Negligence; bridge..

283
Liability of landlord for nuisance..

216 When mayor may sue for costs.
Lease of furnished house; bugs.

164 Ordinance regulating markets; setting apart a part for
Putting premises into condition ; reasonable time.

455
wholesale

343
Defect in premises ; liability of land ord to repair

404 Reading before adoption ; violation of parliamentary rules. 59
Renting on shares; attachment of landlord's interest in Regulations for lighting streets; grant of monopoly

412
growing crops.

57 Streets; occupation by railroad companies ; injunction..
Rent; devisce of unexpired tern.

75 - paving, curb-stones; assessments
Changes in building by tenant: waste.
37 By-law; prohibiting playing of musical instruments.

4
LIBEL AND SLANDER. Bill of particulars

31 Board of public works ; illegal change of grade; personal
Corporation; officer; knowledge; liability.
56 liability

199
Husband liable for wife's torts

Plan of sewerage : conjectural dangers ; injunction.

91
Actionable words; privileged publication.

57 Surface water; drainage : damage to riparian proprietor ...
Privileged communication to newspapers..

242 Township bonds: bona fide holder ; recitals; estoppel;
LICENSE. To cut timber; extension; sale of land; lia-

Illinois' Act of March 30, 1869, $ 6.

575
bility of grantee...

See Master and Servant; Negligence.
LIGHT. Obstruction by erection of building; evidence.. 238
LUNATIC. Indorsement; innocent purchaser..
NEGLIGENCE. Bailment ; landlord and tenant..

59
Deaf mute; evidence of want of capacity....

295 Ferry-boat striking bridge; requests to charge ; contribu-
tory negligencc; damages.

372
MAILS. Obscene writing ; scaled letter.
75 Defective bridge ; evidence; shying horse.

119
MAINTENANCE. For charity

243
Boat settled at dock ; liability of dock owner.

73
MALICIOUS PROSECUTION. Requisites of ac- Children in public street..

292
tion...
138 Damage by fire ; defective fire screen on locomotive..

178
Warrant: who liable when erroneously issued

277

Dangerous premises ; custom of public to use railway com-
MANDAMUS. Board of railroad commissioners; con-

pany's grounds

82
solidation of railroads; abandonment of parallel line... 372 Boy, leading cow in highway.

262
New York police fund, contribution must be voluntary.... 73 Highway; unprotected embankment.

279
MARRIAGE Action for money, lent by husband to Obstructing sidewalk; injury to pedestrian.
wile..

450
44 Passenger on car of one company injured by car of another
Note from husband to wife; consideration..

198 company.
Agreement in consideration of; must show the considera-

Burden of proof; presumptions..
tion...

302
343 Presumption from accident.
Evidence of; cohabitation.

323
455
Notice of injury; condition precedent...

38
Husband may acquire wise's land on tax sale.
363 Contributory ; exposing benzine near engine.

116
Husband's action for injuries to wife; loss of service. 317

; crossing railroad while in process of repair.
Husband liable for wife's torts; slander..

178

negligence; violation of ordinance
Wife's torts; exemplary damages...

238
355

of driver of private carriage ; injury to guest 391
Separate estate; liability for husbands' debts.

99
; trial; charge of court..

97
Libel; criminal proceedings by wife against husband.

127
Divorce; adultery; connivance of husband in prior act

Imputed contributory negligence; defective way.

507
..., 233

See Carrier; Railroad.
~; dismissal " without prejudice

213 NEGOTIABLE INSTRUMENT
extreme cruelty ; charge of infidelity; evidence of;

change;

acceptance by agent of corporation.
co-habitation.

450
442

Acceptance; tirin name and individual name of partners ...
; Laking away wife's ring

263
342

Promise to pay one ounce of gold"; contract.
; failure to prove marriage..

70
90

Checks; indorsement; payment by drawee after death of
a mensa et thoro; cruelty of treatment; dclusion..... 155 payee.
; death of petitioner after decree nisi and before decree

139
absolute; revivor.

Consideration; ignorantia juris..

219
230

; ignorance of law ; surety
Dower; antenuptial agreement releasing prospective claims

238
Release of dower; conveyance defeated by paramount title;

; options in grain

199
dower restored.

i compounding felony ; duress

54
Oral release; estoppel

i given for gambling; innocent holder.

57
Taxes; deed; wife not joining; estate of grantee; improve-

Conspirators to defraud; collusion; estoppel; stipulation... 478

Intoxicating liquor....
ments; assessments
Will; revoked by marriage
198 Co-partnership; indorser; notice of protest.

219
MASTER AND SERVANT. Contract of hiring;

139

NUISANCE Fire plug in highway; wearing away of

road
construction
Course of employment.
58 Railroad; legislative authority

-... 471
37
Employer's liability act; defect in condition of ways.

Overhanging trees..

262
Husband servant of wife in hotel; liability of wife for his

307

OFFICE AND OFFICER. Policeman; dismissal for
483 intoxication; waiver of written charges

195

122

157

336

376

212

316

76

107

157

158

496

476

377
158
418
386

383

Page. STATUTE OF LIMITATIONS-Continued. Page.
OYSTERS. Taking from bed; Laws 1866, chapters 404, Possession by mortgagee..

349
753; grant of land under water by State ; question for Code, $ 381; partnership accounting

36
jury
355 Action to recover illegal tax..

74

STENOGRAPHER. Copy of testimony: contract.. 440
PARENT AND CHILD. Mother died in daughter's STOCK Capital or income; tenant for life and remain-
house; funeral expenses; necessaries

derman...
Statute awarding, custody to overseers of poor; constitu- Certificate; title; fraud: power of attorney in blank; inno-
tionality, restoring custody

cent purchaser for value.
Support of child; husband and wife.

451 SUBSCRIPTION. Effect of ; acceptance ; contribu-
Wages paid to minor.

tion..

279
PARTNERSHIP. Deed or mortgage in firm name; SUNDAY. Keeping open barber shop on

403
rights of partner

157 SUPPLEMENTARY PROCEEDINGS. Prop-
Fraudulent compromise of firm debt; accounting.

397
erty in another State.

99
Firm obligation in individual transaction of partner; notice SURETY, Contribution; subrogation to advantage gained
of purpose; declarations of partner

54 by one over anothers.
Partner withdrawing without notice, and later paying sub- For good conduct; change of employment

376
sequent firm debts; surety; subrogation

SURROGATE. Disputed claim; reference ; commission
PATENTS. Invention.
119 to examine witness in another State...

333
License; contract for royalties; construction...

116
Partnership; oral agreement to share patent to be perfected TAXATION. National bank stock; right to deduct bona
with firm moneys.
73 fide indebtedness; judicial notice

311
PAYMENT. Accepting draft of third persons; failure of Exemption of church property; title must be in church
drawer.

88

society
Application; accounts; surety
140 Loans; situs

119
To one not agent.

415 TELEGRAPH. Reasonable regulations; deposit to pre-
PLEADING. Unverified answer; when may serve... 397

pay answer

259
PLEDGE. Trover and conversion; tender of payment 208 Limitation of liability; night message; gross negligence 504
POST-OFFICE. Contract implied from service; gov- TELEPHONE. Right of way; entry of adjoining land. 239
ernment mail contracts.

TENANCY By widow of husband's homestead ; liability
PRACTICE.. General term reversing judment of county

to repair and pay taxes and interest ...

192
court; excessive damages.

74
Motion for restitution; discretionary order; Code, $ 1292..

TIME. Computation.

377
35 TRADE-MARK. “ Hand grenade fire extinguisher 213
Making case; filing exceptions ; Code, & 998; rule 32, Sup.

"Melrose
Ct

322
Numbers arbitrarily chosen

223
PUBLIC LANDS. Grant of 1864 to Northern Pacific In materials: "tin tag

398
Railroad Company, Indian title
575 TRESPASS. Possession evidence of title.

373

Quare clausum; measure of damages.
RAILROADS. Condemnation; misconduct of commis- Cutting timber, damages; verdict
sioners

116 TRIAL. Error; misstatements by counsel..
Damages for failure to fence; deprivation of use of pasture. 202 Statements by counsel not in evidence
Fencing; "crazy " horse entitled to protection
Leasing road; liability of lessor.

Expert ; preliminary cross-examination.

123
76 Stipulation; joint stock company; form of action; point not
Negligence; right of way over tracks.

199
raised at trial

116
Failure to stop at street crossing

219

TRUST AND TRUSTEE. For charitable uses;
Reasonable time to procure tickets

76
In street; used by individual for private purpose; nuisance.

uncertainty

272
55 Contract ; trustee personally interested
RECEIVER. Dissolution of partnership; right to use..

355
336 Wrongful pledge of trust funds.
REMOVAL OF CAUSE.' Filing of petition; juris-
diction

457
Suit against United States marshal attaching goods.

USURY. Loan by agent; deducting commissions.... 299

258
SALE Acceptance; trial of engine

VENDOR AND PURCHASER. Executory con-
239 tract; accident to land

239
Mutual assent; parties offering “ to give or take; accept-

ance; conditions..
Conditional; “ satisfactory

WAREHOUSEMAN. Injuries to goods; burden of

77 proof
Divisible contract..

240
35 False representations as to security of building

08
Implied warranty; goods for particular purpose; recoup-
ment of damages

WATER AND WATER-COURSÉ. Abandon-

239, 336
Sale of goods by specified name.

ment; diverting water from natural channel.

119

Boom ; obstruction of navigation.
SCHOOLS. Expulsion of pupil for refusing to study

418
Embankment of stream; limitation of ; right to erect.

86
music..

503 Mill; water wheels; use of reservation
SETTLEMENT. Notes: when a settlement of accounts; Oysters; improvement;

279
statute of limitations; pleading..
195 Pollution; natural drainage; coal mines

509
SHERIFF... Appointment of special deputy; want of seal, 131 Prescriptive rights to the flow.

130
Sureties; liability for his acts as trustee in a deed of trust... 424 Prescriptive use; gradual diminution of stream.
SHIP AND SHIPPING. Collision; compulsory pilot-

79

Riparian owner; grant from United States; title to bed at
age..

77
; limited liability of ship-owners; damages; insurance.

Stream; presumption.
Perils of the sea; collision; burden of proof.

WAYS. Obstruction; building over alley.

389 WILL. Annuity; apportionable; interest; taxes.
“Dangers and accidents of the seas;” damage caused by Bequest; grandchildren of testator taking by per capita.
rats

164, 488 Charitable bequest.
SPECIFIC PERFORMANCE. Oral agreement to Bequest for masses..
convey land in consideration of support..

424
77 Construction; children's representatives
Descretion of court; trespass; sub-contractor building road.

269
97 Certainty as to devisees.

39
STATUTE. Time of taking effect;' " from and after

Devise; life estate; intention.

39
passage

104 “ Dying without issue; ” contingent estate or fee....
"Entertainment of the stage;

79, 356
concerts; license

35 Holograph; publication; former trial; revocation..
* Ferry-boat; inspection

63 Power of disposal accompanying life estate; intent..
STATUTE OF FRAUDS. Guaranty embodied in Trust for testator's destitute children and descendants;
Icase; consideration..

public charities; perpetuities.

147
Memorandum; parol evidence

For charity; uncertainty

299, 377
Lease; agent; telegram

Legacy; trust; vested interest.
Oral agreement to form partnership to purchase land.. 78 Unsoundness of mind from disease.

159
Promise to answer for debt of another,

Vested or contingent estate
STATUTE OF LIMITATIONS. Acknowledg-

Revocation; marriage

3
ment to stranger.

279, 283
After acquired property; revocation..

39
Certificate of deposit.....

71 WITNESS. Communications to attorney by both par-
Concealed within State..

36 ties; submission to arbitration.
Conversion of chattels..

337 Cross-examination; limit ot; denial of charge
Mines; subsidence of surface; second subsidence.

337
Instruction in nature of oath..

422
Note and mortgage; payment ot note..

298

See Evidence.

78

200

219

220

24

38
418
220

230
120