CONTRACT--Continued.

Page.
Unintelligible order ; evidence...------

417
Rescission...

138
CONVERSION. What constitutes

373
What amounts to; seizure of goods by officer...

497
COPYRIGHT. Dramatic composition; originality; pub-
lication ; parties...

-... 193
Musical composition; citizen assigned to non-resident for-
eigner: "Mikado".

122
In pictures in illustrated newspapers......

-.. -.. 374
CORPORATION. Authority of committee from cor-
poration as agent; ratification ; evidence of ...

............. 452
Foreign: liability of stockholders : jurisdiction of courts.... 175
Insurance company : stock and mutual departinents : sur-
plus earnings; rights of stock-holders.....

----... . 356
Liable for malicious proseeution.......

302
Mortgage of corporate property; all stock owned by one

person..

274

---

257

18

-----

56

374

----------...-...--.....

134

Page.
ELECTION OF REMEDIES Action for price;
rescission for fraud; practice...

--- 354
ELECTION. Ballots; initials; idem sonans; uninten- et
tional erasure .....

------------ -.. .------- --------..- 402
Bribery : treating ...
Paying traveling expenses..

43
EMÍNENT DOMAIN. Appropriation; railroad; dam-
ages.

.-.-.-.-.-316
ESTOPPEL. By deed; after acquired title ....... ... 454
By judgment; specific performance of contract; reforma-
tion ..

- 417
Wrong decision...---.

.... 137
Foreign corporation; public use....

..... 415
EVIDENCE. Life and annuity tables in actions for per-
sonal injury; measure of damages..

... 477
Res gestæ ; negligence; proximate cause...

517
Cash-book ...
Production of books; sealing up irrelevant portions
Declarations of agents; memorandum...
Statement of conductor after accident...
Declarations of party ; coinplaints ....
Handwriting. comparison of hands....
Hearsay; identity; claim under will ...
Memorandum; time-book..............

162
Parol; ambiguity in building contract....

-... 374
Written contract; modification by parol; new agreement..
Opinions as to condition of highway..
Expert as to controlling train; negligence; due care on
sufferer's part....

--.--.-.-..... 517
Opinion as to negligence.-------

334
Age of writing..

515
Value of services; claim against responsible party; poverty

of plaintiff .....
Reason for opinion...
Public records; certificates of public officers..
Register of marriage in another State.....
EXCISE LAW. Charge of court; constitutional law ;

rules of evidence..
EXECUTION. Exemption; farming utensil or imple-
ment; "threshing machine. ...

.... 422
See Supplementary froceedings.
EXECUTOR AND ADMINISTRATOR. Judg-

ment obtained by foreign administrator; action on....... 375
Judgment against estate, by default; liability of sureties

when estate insolvent ...
Liability for acts of co-executor.
Title to assets; acts before appointment.
Personal estate; divorced wife not" widow".
As witness ; Code, $ 829......

See Action; Contempt.
EXTRADITION. Enticing within State; Governor

Hill's decision......
Interstate; escape.......

---------- 335
FALSE IMPRISONMENT. Damages ; mistaken
identity....

--:--.---.--..-.-.- .-.- .--.--.-- 335
FRAUD. Setting aside deed: conveyance to betrothed.. 518
Misrepresentations of value of property of stock company

as to boundary of real estate; question of fact....
FRAUDULENT CONVEYANCE. When good
Action to set aside; not maintainable by a fraudulent credi-
tor or debtor.........

..... ................................. 454
Error in receiving and including evidence....
Lease containing clause giving lien; tenant remai

possession; assignee for creditors may avoid ............. 395
Secret trust; grantors; creditors...........................

Torts of officers; false representations as to stock liability to
creditors...

- -..... 298
Libel and slander: officer: knowledge: liability.

Legal existence, how questioned ; quo warranto ...,
COSTS. Allowances in divorce cases.......

475
COVENANT. To repair streets ; damages..

177
COUNTIES. Bridge; unspiked floor; contributory neg-

..... 18
Liability for board and lodging of prisoners out of jail.
COURTS. State and Federal courts; jurisdiction ; intoxi-

cating liquors...
CRIMINAL CONVERSATION. Plaintiff's knowl-'55

edge and consent.........---------
CRIMINAL LAW. Sale of intoxicating liquors to
minor by agent ............

.-. 439
Aider and abettor : instructions ..

.. 356
Assault and battery not riot.....

---- 439
Bail; deposit of money in lieu...

-..177, 195
Bribery : Penal Code, $ 72; confession; Code Crim. Proc.,
$ 395 ; corpus delicti...

... 372
Embezzlement from National bank; not punishable by ”
State Court.......-

*
Evidence ; corroboration of accomplice ......

---

---- 142

....-- 443
of threats of third persons ..

; calling attention to particular facts ; specific acts of
violence ...........

---- 475
-; good character of accused ; effect of

197
- prisoner's testimony at coroner's inquest....

436
False pretenses ; separate trials; evidence; juror's opin-

jons; prisoner as witness.........
Forgery ; uttering : delivery...
Homicide : drunkenness; mistake in identity.

357
i justitiable; technical trespass ; test of self-defense...

374
in trying to scare...... .

...... 102
Jurisdiction ; one crime committed in two different coun-
ties; Constitutional Law.....

50
Larceny ; distinguished from conversion...
: part of goods not known...

37
Liquor law; conspiracy : solicitation...
New trial ; newly discovered evidence.

17
Obstruction of highway ; abandonment..

17
Oleomargarine; charge to jury .....

... 476
Assault with intent to commit rape; what constitutes : evi-
dence ...

...... 228
Rape; evidente: complaint made by victim after the act
exception i rule ; youth of victim ..

i declaraitons ; letter ............
- husband as accessory .

125
Polygamy; evidence; Edmunds" law...
Offering for sale ; what constitutes. ----

83
Sentence; changing at terin...

439
Twice in jeopardy; discharge of jury....

155
Acquittal of burglary with intent to steal is bar to prosecu-
tion for grand larceny...

143
Former acquittal; selling intoxicating liquors....

383
DAMAGES. In action on injunction bond; counsel fees. 138

334
To growing crops ; opinion evidence .....

237
Liability of owner of dog .....
Exemplary : liability of carrier for assault by servant...... 258
Tort ; husband's liability for wife's tort..

When party injured must lessen; policeman suing for salary
DEED. Boundary by highway ; quantity conveyed ......

238
Boundary ; on stream,

; "on west by Wood creed;" when conveys no rights
in water ..

. .. ..... 354
--; adjacent street or passage way...

... 118
Condition subsequent; restriction as to buiding and use;

subsequent quit-claim....
Consideration, antecedent indebtedness; evidence to con-

tradict recitals; vendor's lien; voluntary conveyance;

rights of creditors..................
Marriage.............

298
Delivery; presumption from recording....

...453
Fraudulent destruction ; equitable relief....
Exception and reservation; property conveyance by infer-'
ence........ ..

..... 352
Reservation
of “spring ;" declaration of deceased grantor; of former
grantee .--..

498
Of trust for debts; purchase by grantor under foreclosure of
earlier deert: title acquired; married woman. .

* ... 190
DISCONTINUANCE. By partner; fraud.......... 258

ICICIILILY..----------

GIFT. Corporate stock: agreement against public policy.. 277

Policy of insurance; delivering.
Promissory note ......

..... 298
Causa mortis: notes and mortgages......
GUARANTY. Joint; withdrawal of one before com-

pletion.......................... ......
Condition that co-guarantor may be secured.
GUARDIAN AND WARD. Liability of sureties;
past default.

.......... 316

INDIANS. Treaties ; construction ; cession of lands..... 514
INFANTS. Goods sold to partnership ; avoidance...--.
Contributory negligence...

282
INJUNCTION. Easement in camp-mecting ground.... 99
Against libel of business......

371
Right of fraudulent grantee: holder of legal title...
INN-KEEPER. Lien for board ; property of third per-

son received as property of guest..
INSOLVENCY Payment of note; conflict of laws. 14
INTOXICATING LIQUORS'Buyer not particeps
INSURANCE Mutual benefit societies; Laws 1875,

chap. 267 ; extent of benefit.....
Mutual benefit societies ; by-laws; benefits ; authority of
committee ........

455
Instruction to cancel policy; agents' neglect............... 455

525

Page.

197

---

45

438

456

-

75

sion ---

73

INSURANCE-Continued.

Page.
Evidence ; civil action ; criminal prosecution..........

- of other damage in neighborhood.................. 23
• Forfeiture ; other insurance ; waiver......

...--49, 454
---; right of insurance company to repair ; to pay mort-
gage ..............

. ......... 18
" Vacant and unoccupied.".

...... 309
Waiver by agent of written notice of loss by fire; provision

against other insurance...
Life; agreement for ; proposal and acceptance : material
alteration of risk before tender of premium......... ...... 348

: action.......
-: assignment; parol to mother of illegitimate child.....
; insurable interest ; notice not to pay

455
; support .....

... 455
nephew in life of aunt; creditor; cessation of interest. 464
-; misrepresentation ; occupation; question of law...... 463

: sale of liquors ; hotel-keeping ----..
—; proofs of death ; suicide ; burden of proof : coroners

inquest......
Marine; concealment by agent.

-; injury to donkey-engine....
Crops against storm ; growing crops...
Against tornadoes; vacancy ; increased risk .........
JURISDICTION. Actions for personal injury; foreign

law: pleading .......
District Court United States ; limitation of liability of ship-

owners : prohibition. ....
JUDGMENT. Former ; bar; criminal case
Former ; creditor's action by wife against husband ; subse-
quent divorce: estoppel : lien.....

..... 177
Conclusiveness ; title in replevin....

---- -
LANDLORD AND TENANT. Assignment of term;
liability for rent....

- .---...-- 33
Covenant for lease like old one..
Joint lease ; liability for rent ; statute of limitations ; Code

Civ. Proc., $ 1937 ....
Liability of landlord to third person ; contributory negli-
Liability of landlord for nuisance..........
Lease of furnished house; bugs..........

164
Putting premises into condition: reasonable time.....
Defect in premises ; liability of land ord to repair ........
Renting on shares; attachment of landlord's interest in

growing crops......
Rent; devisce of unexpired terin....

Changes in building by tenant; waste...
LIBEL AND SLANDER Bill of particulars ...,
Corporation; officer; knowledge; liability...........
Husband liable for wife's torts .....
Actionable words; privileged publication....

57
Privileged communication to newspapers......
LICENSE. To cut timber; extension; sale of land; lia-
bility of grantce.......

.... 494
LIGHT. Obstruction by erection of building; evidence.. 233
LUNATIC. Indorsement; innocent purchaser...... ... 92

Deaf mute; evidence of want of capacity..------- - 295

MASTER AND SERVANT-Continued.

Negligence; contract not to hold master for.......
Liability of employer for trespass by contractor........... 58
Injury to servant ; master directing with knowledge of

danger ...
Breaking of scaffolding; fellow servants........
Liability for acts of agent or lessee of express line; pre-
sumption.....

. 118
Negligence
Injury from defective boiler ...

415
Dangerous structure....
Machinery; new invention.
Municipal corporation; negligence.. ----
Right of discharged employee to sue for wages..

377
Servant leaving team; horse running away ....

Liability of master for servant's tort against another servant. 199
MINE.' Lease; covenant to pay royalty.-------------- 278
AKE. Reforming deed.

...... 358
MORTGAGE Assignee takes subject to equity: power
of sale; purchaser takes risk.....

... 156
Chaitel; description of; property; identification; evidence;
conversion by stranger.........

-- --- 373
Mares; colts ....

.... 397
Void for usury; constructive delivery; trover and conver-

373
Notes secured by; description .....

210
Foreclosure; default in payment of interest....
Part of premises in another State; enforcement ..

178
Receiver's certificates; wages of employees....
Property destroyed; application of insurance money; de-

posit of, in bank at mortgagor's request; failure of bank..
Purchase by plaintiff ; agreement to reconvey ............. 178
By railroad; construction of sinking fund; provision.......
Mortgagee buying premises at tax sale....

--... 227
Sale by mortgagor to mortgagee; lien of subsequent judg-

ment.
MUNICIPAL CORPORATION. Contract with;

ultra vires...........--
Exclusive contract to remove dead animals from street...
Bridge; canal; obligation to guard streets
Negligence; bridge....
When mayor may sue for costs ...
Ordinance regulating markets; setting apart a part for
wholesale ...

..... 343
Reading before adoption ; violation of parliamentary rules.
Regulations for lighting streets; grant of monopoly........ 412
Streets ; occupation by railroad companies ; injunction..... 119
- : paving ; curb-stones ; assessments ....

----- ------------ 139
By-law : prohibiting playing of musical instruments........
Board of public works ; illegal change of grade; personal
liability ..........-

.. .. 199
Plan of sewerage : conjectural dangers; injunction........ 01
Surface water; drainage; damage to riparian proprietor ... 157
Township bonds: bona fide holder ; recitals ; estoppel;
Illinois Act of March 30, 1869, $ 6....

-.... 575
See Master and Servant; Negligence.
NEGLIGENCE. Bailment; landlord and tenant.......
Ferry-boat striking bridge; requests to charge ; contribu-
tory negligence; damages ..

.... 372
Defective bridge; evidence; shying horse.....

.. 119
Boat settled at dock ; liability of dock owner.

73
Children in public street....

292
Damage by fire ; defective fire screen on locomotive... 178
Dangerous premises ; custom of public to use railway com-

pany's grounds .............
Boy leading cow in highway..

262
Highway ; unprotected embankment..
Obstructing sidewalk; injury to pedestrian...

.. 456
Passenger on car of one company injured by car of anoth
company.........

- 336
Burden of proof; presumptions....

302
Presumption from accident......
Notice of injury; condition precedent....
Contributory ; exposing benzine near engine..
--; crossing railroad while in process of repair.
negligence; violation of ordinance ..

.. 238
- of driver of private carriage ; injury to guest ...
----; trial ; charge of court....
Imputed contributory negligence ; defective way......... 507

See Carrier; Railroad.
NEGOTIABLE INSTRUMENT Bill of ex-

change : acceptance by agent of corporation. ............ 450
Acceptance; firm name and individual name of partners ... 263
Promise to pay “one ounce of gold"; contract...
Checks; indorsement; payment by drawce alter death of

payee..................
Consideration; ignorantia juris......
; ignorance of law; surety -------

238
; options in grain ...

199
--; compounding felony : duress.

54
-- ; given for gambling ; innocent holder...
Conspirators to defraud; collusion; estoppel; stipulation... 478
Intoxicating liquor..........

Co-partnership; indorser; notice of protest..
NUISANCE. Fire plug in highway; wearing away of
road...

........ ... ..... ..... 328
Railroad; legislative authority ..........

---- -... 471
Overhanging trees.

... 262
OFFICE AND OFFICER. Policeman; dismissal for
intoxication; waiver of written charges ....

........ 195

MAILS. Obscene writing ; scaled letter.................
MAINTENANCE. For charity.
MALICIOUS PROSECUTION. Requisites of ac-
tion.....

-----... 138
Warrant; who liable when erroneously issued....
MANDAMUS. Board of railroad commissioners; con-

solidation of railroads; abandonment of parallel line......
New York police fund: contribution must be voluntary.... 73
MARRIAGE Action for money, lent by husband to "*

wile......
Note from husband to wife; consideration...
Agreement in consideration of ; must show the considera-
tion..........

343
Evidence of; cohabitation..
Husband may acquire wife's land on tax sale.....

303
Husband's action for injuries to wife; loss of service....... 317
Husband liable for wife's torts; slander.......

122
Wife's torts: exemplary damages....

355
Separate estate; liability for husbands' debts.....

99
Libel; criminal proceedings by wife against husband..... 127
Divorce; adultery; connivance of husband in prior act ...., 233
; dismissal "without prejudice"..

extreme cruelty;" charge of infidelity; evidence of;
co-habitation......

.... 442
laking away wife's ring ..........

--- ---- --... 342
; failure to prove marriage....

... 96
- a mensa et thoro; cruelty of treatment; dclusion..... 155

- death of petitioner after decree nisi and before decree
absolute; revivor.......... - -----------. -.-.-.- .- 230
Dower; antenuptial agreement releasing prospective claims. 139
Release of dower; conveyance defeated by paramount title;
dower restored.....

-- ----------------- 390
Oral release; estoppel
Taxes; deed; wife not joining; estate of grantee; improve-
ments; assessments

..... 198
Will: revoked by marriage...
MASTER AND SERVANT Contract of hiring;

construction,
Course of employment...
Employer's liability act; defect in condition of ways.......
Husband servant of wife in hotel; liability of wife for his