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NUISANCES.

Abatement of nuisance-proceeding to abate nuisance as ground for action for malicious
prosecution. Wiffen v. Bailey (Eng.), 489.
Annotated

Attractive nuisances-railroad engine. Lovejoy v. Denver, etc. R. Co. (Colo.), 1075.
Mines and minerals-excavation or shaft as nuisance. Strong v. Brown (Idaho), 482.

OBJECTIONS.

See Instructions.

OFFER OF PROOF.

See Appeal and Error.

OFFICERS.

See Corporations; Municipal Corporations.

OPINION EVIDENCE.

See Evidence.

OPINIONS.

See Certiorari.

OPTIONS.

Acceptance of opinion to purchase real estate-tender of purchase price. Agar v. Street
(Mich.), 518.

ORAL CONTRACTS.
See Appeal and Error.

ORDINANCES.

See Municipal Corporations.

OR ELSEWHERE.

Meaning of term. State v. Sanders (La.), 105.

OWNERSHIP.

See Buildings; Real Property.

PARALLEL TRACKS.

See Carriers of Passengers.

PARENS PATRIAE.

Meaning of term. In re Turner (Kan.), 1022.

PARENT AND CHILD.

Injury to child-claim against municipality-necessity of notice of claim.
Rapids (Iowa), 558.

Palmer v. Cedar
Annotated

claim against municipality-sufficiency of notice of claim. Ackeret v. City of Min-
neapolis (Minn.), 897.

Loss of services of child-action by father-necessity of joining mother.

of Minneapolis (Minn.), 897.

Ackeret v. City

Annotated

Seduction of daughter-right of mother to maintain action. Malone v. Topfer (Md.), 1272.
See also Illegitimacy; Juvenile Courts.

PARI MATERIA.

See Statutes.

PARKS AND PUBLIC SQUARES.

Maintenance of public parks-liability of municipality for personal injuries. Ackeret v.
City of Minneapolis (Minn.), 897.

PAROL EVIDENCE.

Attorneys-contingent fee contract-parol evidence to explain. Myers v. Bender (Mont.),
Memorandum within statute of frauds-parol proof of lost memorandum.

Torbert (U. S.), 171.

245.

Van Boskerck v.
Annotated

Place of payment-admissibility of parol evidence to show-contract silent in that respect.
Annotated
State v. Kenosha Home Tel. Co. (Wis.), 365.

PARTIES TO ACTIONS.

Bank examiners-action on bond-joinder of defendants. State v. American Surety Co.
(Idaho), 209.

Injunctions-protection of property-proper parties. Carey v. Atlanta (Ga.), 1151.
Marine insurance-right to maintain single action against several underwriters.

Vanderlip (N. Y.), 150.

Fish v.

Parent and child-action by father for loss of services of child-necessity of joining mother.
Ackeret v. City of Minneapolis (Minn.), 897.

Service of process-failure to serve coparty-waiver of objection. Rosenberg v. Dahl (Ky.),
1110.

See also Depositions; Judgments; Res Judicata.

PARTITION.

Estoppel-operation of partition agreement as estoppel. Blackwell v. Harrelson (S. Car.),
1263.
Annotated

Service by publication in action for partition-validity. Cona v. Henry Hudson Co. (N. J.),

999.

PARTNERSHIP.

Competing business-right of partner to engage in competing business.
Phillips (Md.), 991.
Creation-intent as essential to creation.
intent as essential to creation.

intent as essential to creation.

Annotated

Crownfield v.

Annotated
Annotated

Annotated

Westcott v. Gilman (Cal.), 437.
Kelly, Douglas & Co. v. Sayle (Can.), 444.

Freeman v. Huttig Sash, etc. Co. (Tex.), 446.

Annotated

Definition of partnership. Westcott v. Gilman (Cal.), 437.
Essentials-partnership for single adventure. Westcott v. Gilman (Cal.), 437.
Incoming partner-liability for past debts. Freeman v. Huttig Sash, etc. Co. (Tex.), 446.
Lien of creditor on partnership property. Freeman v. Huttig Sash, etc. Co. (Tex.), 446.
Partnership agreement-construction-scope of business. Westcott v. Gilman (Cal.), 437.
sufficiency to create partnership. Westcott v. Gilman (Cal.), 437.

PART PAYMENT.

See Limitation of Actions.

PART PERFORMANCE.

See Frauds, Statute of.

PARTY WALLS.

Contribution toward cost-liability for use of party wall in absence of agreement to con-
tribute. Fowler v. Koehler (D. C.), 1161.

Establishment-methods of establishment. Fowler v. Koehler (D. C.), 1161.
Unauthorized construction-acquiescence. Fowler v. Koehler (D. C.), 1161.

PASSENGERS.

See Carriers of Passengers.

PAWNBROKERS.

See Loan Brokers.

PAYMENT.

Annotated

Place of payment-admissibility of parol evidence to show-contract silent in that respect.
State v. Kenosha Home Tel. Co. (Wis.), 365.

Annotated

rule of telephone company requiring payment at office. State v. Kenosha Home Tel.
Co. (Wis.), 365.

PEDESTRIANS.

See Automobiles; Street Railways; Streets and Highways.

PENALTIES.

Intoxicating liquors-action for penalty-nature of proceeding. Stout v. State ex rel. Caldwell
(Okla.), 858.
Annotated
action for penalty-nature of proceeding. Commonwealth v. American Express Co.
(Ky.), 875.
Jeopardy-action for penalty as jeopardy. Stout v. State ex rel. Caldwell (Okla.), 858.
action for penalty-right to plead jeopardy before criminal prosecution. Stout v.
State ex rel. Caldwell (Okla.), 858.

Joinder of actions-actions to recover penalties. Miami Copper Co. v. State (Ariz., 494.

PENALTIES - Continued.

Statute fixing penalty as mandatory or permissive. Cramer's Election Case (Pa.), 914.
Verdict by less than whole number of jurors-validity in action to recover penalty. Miami
Copper Co. v. State (Ariz.), 494.
Annotated

PERIL.

See Carriers of Passengers.

PERMISSIVE STATUTES.
See Statutes.

PERSONAL INJURIES.
See Damages; Negligence.

PERSONAL PROPERTY.
See Loan Brokers.

PHOTOGRAPHS.

Eminent domain-admissibility in evidence of photograph of other property. Hubbell v. City
of Des Moines (Iowa), 592.

admissibility in evidence of photograph of property taken. Hubbell v. City of Des
Moines (Iowa), 592.

PHYSICIANS AND SURGEONS.

Annotated

Malpractice indemnity insurance construction of policy indemnifying physician against
liability for malpractice. Seay v. Georgia Life Ins. Co. (Tenn.), 1157.
See also Damages.

PLANS.

See Mechanics' Liens.

PLEADING.

Amendment of pleading-action on note subsequent loss of note-necessity for amendment of
pleadings. Austin v. Calloway (W. Va.), 112.

amendment during trial-amendment without terms. Gist v. Johnson-Carey Co.
(Wis.), 460.

amendment during trial-discretion of court. Gist v. Johnson-Carey Co. (Wis.), 460.
amendment during trial-necessity of reimpaneling jury. Gist v. Johnson-Carey Co.
(Wis.), 460.
complaint for libel-proper amendment. Age-Herald Pub. Co. v. Waterman (Ala.),

900.

new cause of action stated-limitation of actions. Age-Herald Pub. Co. v. Waterman
(Ala.), 900; Philadelphia, etc. R. Co. v. Gatta (Del.), 1227.

power of court to permit. Philadelphia, etc. R. Co. v. Gatta (Del.), 1227.
Answer separate counts in declaration-necessity for separate answer to each count. Phila-
delphia, etc. R. Co. v. Gatta (Del.), 1227.

Bonds-action on bond-pleading delivery. American Surety Co. v. Pangburn (Ind.), 1126.
Construction of pleading-construction as against demurrer. Hoke v. Glenn (N. Car.),
250; Myers v. Saltry (Ky.), 1134.

liberal construction after verdict. Myers v. Saltry (Ky.), 1134.

Declaration-joinder of counts. Philadelphia, etc. R. Co. v. Gatta (Del.), 1227.
Executors and administrators-action by executor or administrator-necessity of for allegation
that suit is brought in representative capacity. Austin v. Calloway (W. Va.), 112.
Annotated

action on contract of deceased-sufficiency of allegation as to promise to pay.
Austin v. Calloway (W. Va.), 112.

Foreign corporations-failure to comply with statute-pleading noncompliance. Standard
Fashion Co. v. Cummings (Mich.), 413.

Formal objections to pleading-waiver by failure to demur. Henry v. Spitler (Fla.), 1267.
Gas company-liability for escape of gas-sufficiency of complaint. Manning v. St. Paul
Gaslight Co. (Minn.), 276.

Infants-action on contract to maintain-sufficiency of pleading. Myers v. Saltry (Ky.), 1134.
Libel and slander-office of innuendo. Age-Herald Pub. Co. v. Waterman (Ala.), 900.
pleading matters of inducement and colloquium. Age-Herald Pub. Co. v. Waterman
(Ala.), 900.
Alderson v. Kahle (W. Va.), 561.
Master and servant-contributory negligence of infant-sufficiency of plea. Cole v. Sloss-
Sheffield Steel, etc. Co. (Ala.), 99.

sufficiency of common-law count for defamation.

federal employers' liability act-necessity for pleading act in action brought there-
under. Rowlands v. Chicago, etc. R. Co. (Wis.), 714.

[blocks in formation]

Master and servant-injury to minor illegally employed-sufficiency of complaint. Cole v.
Sloss-Sheffield Steel, etc. Co. (Ala.), 99.

violation of rule of master-manner of pleading.

Co. (Ala.), 99.

Cole v. Sloss-Sheffield Steel, etc.

Motion for judgment on pleading-effect as admission of contents of pleading. Yancey v.
Boyce (N. Dak.), 258.

Negligence-declaration for personal injury-requisites. Florida East Coast R. Co. v. Carter
(Fla.), 1299.

Railroads action for negligence construction of pleading. Lovejoy v. Denver, etc. R. Co.
(Colo.), 1075.

Variance-action on express contract-recovery on implied contract. Yancey v. Boyce
(N. Dak.), 258.

proof of negligence-variance from pleading. Deputy v. Kimmell (W. Va.), 656.
Venue averment of venue sufficient. Henry v. Spitler (Fla.), 1267.

See also Appeal and Error; Appearance; Equity.

POLES.

See Electricity; Telegraphs and Telephones.

POLICE STATION BLOTTER.

See Evidence.

POLLS.

See Elections.

POSITIVE EVIDENCE.

See Evidence.

POSSESSION.

See Intoxicating Liquors; Landlord and Tenant.

POSITIVE EVIDENCE.

See Evidence.

POST OFFICE.

Mailing of letter-admissibility of testimony of postmaster to show. Josephs v. Briant
(Ark.), 741.

PREJUDICE.
See Judges.

PRELIMINARY EXAMINATION.

See Criminal Law.

PRELIMINARY INJUNCTION.

See Injunctions.

PRESCRIPTION.

Poles right to maintain telegraph, telephone or electric light poles-acquirement of right
by prescription. Postal Telegraph Co. v. Forster (Ore.), 979.
Annotated

PRESUMPTIONS.

Deeds-deposit for delivery after grantor's death-presumption. Williams v. Kidd (Cal.),
703.

Elevators-presumption of negligence from fall of elevator. Dibbert v. Metropolitan Invest-
ment Co. (Wis.), 924.

Place of payment-contract silent in that respect-presumption.

Tel. Co. (Wis.), 365.

Statutes-presumption of constitutionality.

Stout v. State (Okla.), 858.

State v. Kenosha Home

Board of Trustees v. Waugh (Miss.), 522;

Gist v. Johnson-Carey Co.

Trial-failure to request submission of issue-presumption.

(Wis.), 460.

See also Appeal and Error.

PRINCIPAL AND AGENT.

See Agency.

PRINCIPAL AND SURETY.
See Suretyship.

PRIVILEGE.

See Eminent Domain.

PRIVILEGED COMMUNICATIONS.
See Libel and Slander; Witnesses.

PRIZES.

See International Law.

PROBABLE CAUSE.

See Malicious Prosecution,

PROBATE COURTS.
See Courts.

PROBATION.

See Juvenile Courts.

PROCEDURE.

See Grand Jury; Injunctions; Juvenile Courts; Statutes.

PROCESS.

Service of process-evading service as contempt. Aarons v. State (Miss.), 263.
failure to serve coparty-waiver of objection. Rosenberg v. Dahl (Ky.), 1110.
service by publication in action for partition-validity. Cona v. Henry Hudson Co.
(N. J.), 999.
Annotated

service on foreign corporation-validity of service on agent of associated corporations.
W. J. Armstrong Co. v. New York Central, etc. R. Co. (Minn.), 335.

service on foreign corporation-validity of statute designating agent for service.
W. J. Armstrong Co. v. New York Central, etc. R. Co. (Minn.), 335.
Annotated
See also Judgments.

PROHIBITION.

Courts subject to writ-Arkansas probate court. Ferguson v. Martineau (Ark.), 421.
Injunction-writ of prohibition to prevent issuance of injunction. Ferguson v. Martineau
(Ark.), 421.

PROOF OF OTHER CRIMES.

See Burglary; False Pretenses.

PROSECUTING ATTORNEYS.

Argument of counsel-statement by prosecuting attorney as to his belief in guilt of accused.
Riggins v. State (Md.), 1117.

Evidence statement by prosecuting attorney-admissibility in evidence. Riggins v. State
(Md.), 1117.
Privileged communications-statement by prosecuting witness to prosecuting attorney.
Riggins v. State (Md.), 1117.

PROVOCATION.

See Libel and Slander.

PUBLICATION.

See Holidays; Libel and Slander; Process.

PUBLIC DOCUMENTS.
See Evidence.

PUBLIC FISCAL AFFAIRS.

See Judicial Notice.

PUBLIC OFFICERS.

See Grand Jury; Municipal Corporations.

PUBLIC POLICY.

See Courts.

Annotated

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